Commonwealth of Australia

Environment Protection and Biodiversity Conservation Act 1999

Removing places from the Commonwealth Heritage List

I, Greg Hunt, Minister for the Environment, have become aware that the following places included in the Commonwealth Heritage List (by the Gazette identified in the table below) are no longer in a Commonwealth area.

Accordingly, I remove the places (described in Schedule 1) from the Commonwealth Heritage List in accordance with section 341L(1) of the Environment Protection and Biodiversity Conservation Act 1999.
 

The reasons for my decision to remove the places are separately attached.
 

Dated    17/09/ 2015

[signed by]

Greg Hunt

Minister for the Environment

Schedule 1

STATEMENT OF REASONS FOR DECISION UNDER SECTION 341L OF THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

I, Greg Hunt, Minister for the Environment, provide the following statement of reasons for my decision under section 341L of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), to remove from the Commonwealth Heritage List the following places:

(places – ordered by State/territory)

LEGISLATION

Section 341L of the Act provides that the Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that the place is no longer in a “Commonwealth area; or the place or part is no longer owned or leased by the Commonwealth or a Commonwealth agency, if the place or part is outside the Australian jurisdiction”.

“Commonwealth area” includes land owned or leased by the Commonwealth or a Commonwealth agency, and land in a Commonwealth reserve (section 525 of the Act). A place or part of a place can only be removed from the Commonwealth Heritage List by an instrument published in the Gazette, including a statement of reasons for the removal.

BACKGROUND

1. The following places were included in the Commonwealth Heritage List by Gazette instruments on the dates given below.

EVIDENCE AND MATERIAL BEFORE ME

2.     In relation to Llandilo International Transmitting Station, I considered advice from Airservices Australia regarding the transfer of the place to the NSW Government under the condition that the place would conserved in perpetuity as a park under NSW jurisdiction.
 

3.     In relation to the following places:

• Burnett House, Larrakeyah, NT and
• Mines House, Larrakeyah, NT

I considered advice from the Department of Finance and Deregulation of 13 December 2012 advising that ownership of the places had been transferred from the Commonwealth of Australia to non-Commonwealth parties with protection provided for by the Northern Territory Heritage Register.

4.     In relation to the following places:

• City Streets Delivery Centre, Bourke St, Melbourne, VIC
• Warrnambool Post Office, 187 Timor St, Warrrnambool, VIC
• Kalgoorlie Post Office, Hannan St, Kalgoorlie, WA and
• South Perth Post Office, 103 Mill Point Rd , South Perth, WA

I considered advice from Australia Post of 21 July 2015.  In this advice Australia Post advised that ownership of the places had been transferred from the Commonwealth of Australia to non-Commonwealth parties, and that all the places were subject to heritage protection under relevant heritage overlays.

5.     In relation to the following places:

• Fortuna, and
• that part of Artillery Barracks, Fremantle, known as Rifle Cottage

I considered advice from the Department of Defence on 7 July 2015 and 23 April 2012 that ownership of the places has been transferred from the Commonwealth of Australia to non-Commonwealth parties; and that heritage covenants were included in the contract for both Fortuna and Rifle Cottage.

FINDINGS ON MATERIAL QUESTIONS OF FACT

6.     I noted that the places were taken to be included in the Commonwealth Heritage List by the Gazette instruments referred to above, and that when listed each place was entirely Commonwealth owned and controlled by the relevant Commonwealth department or agency.
 

7.     I noted the advices from the Commonwealth agencies that they had transferred their ownership and control of these places to non-Commonwealth parties; and had taken steps to protect the heritage values of the places after they passed from Commonwealth ownership and control.

8.     I noted that as a consequence of the divestments, each place was no longer in a Commonwealth area.

9.     I noted under section 341L(1)(a) of the Act, that I must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after becoming aware that the place or part is no longer in a Commonwealth area, and accordingly, I must remove from the Commonwealth Heritage List the places or parts of place identified above as they are no longer in a Commonwealth area.

Reasons for Decision

10.       I was satisfied that:

(a)  the Commonwealth, having taken steps to ensure heritage protection of the following places, had divested itself of their ownership:•

• Llandilo International Transmitting Station
• Burnett House, Larrakeyah, NT
• Mines House, Larrakeyah, NT
• City Streets Delivery Centre, VIC
• Fortuna, VIC
• Warrnambool Post Office, VIC
• Rifle Cottage, formerly part of Artillery Barracks, Fremantle, WA
• Kalgoorlie Post Office, WA
• South Perth Post Office, WA;
   

(b)  and as a result of the transfer of ownership, the places are no longer in a Commonwealth area, and must be removed from the Commonwealth Heritage List.

11.       In the light of these conclusions I decided pursuant to section 341L(1)(a) of the Act to remove from the Commonwealth Heritage List the following places:

• Llandilo International Transmitting Station, NSW
• Burnett House, Larrakeyah, NT
• Mines House, Larrakeyah, NT
• City Streets Delivery Centre, Melbourne VIC
• Fortuna, Golden Square, VIC
• Warrnambool Post Office, Warrnambool VIC
• Rifle Cottage, formerly part of Artillery Barracks, Fremantle WA
• Kalgoorlie Post Office, Kalgoorlie WA
• South Perth Post Office, South Perth WA.

17/09/2015  [signed by]

...........................................................

MINISTER FOR THE ENVIRONMENT