AMENDMENT TO
Gazette No CG2015G01897, 20 November 2015
On 20 November 2015 the Minister for the Environment published a determination concerning the removal of places from the Commonwealth Heritage List. The places were understood to be either fully or partially ineligible for inclusion as they were not Commonwealth Places either fully or in part.
This notice corrects the original schedule of the notice in relation to the South Perth Post Office.
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.
Place (ordered by state) | State/ Territory | Date of determination | Gazette |
Llandilo International Transmitting Station, Shanes Park | NSW | 16/03/2011 | Gazette S46, 29/03/2011 |
Burnett House, Larrakeyah | NT | 22/06/2004 | Gazette P5, 15/07/2004 |
Mines House, Larrakeyah | NT | 22/06/2004 | Gazette P5, 15/07/2004 |
City Streets Delivery Centre | VIC | 22/08/2012 | Gazette No. S133, 28/08/ 2012 |
Fortuna | VIC | 22/06/2004 | Gazette P5, 15/07/2004 |
Warrnambool Post Office | VIC | 24/10/2011 | Gazette S174, 8/11/2011 |
Kalgoorlie Post Office | WA | 22/06/2004 | Gazette P5, 15/07/2004 |
Rifle Cottage, formerly part of Artillery Barracks, Fremantle | WA | 22/06/2004 | Gazette P5, 15/07/2004 |
South Perth Post Office | WA | 24/10/2011 | Gazette S174, 8/11/2011 |
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
Greg Hunt
Minister for the Environment
SCHEDULE 1
WESTERN AUSTRALIA
Delete:
South Perth Post Office:
103 Mill Point Road, corner Mends Street, South Perth, comprising the whole of Perth Lot 432
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for a comprehensive approach to the protection and management of the environment, including heritage places, in Australia. In 2015, an amendment was made to correct the original schedule of a notice published on 20 November 2015 by the Minister for the Environment, Greg Hunt. The amendment concerned the removal of certain places from the Commonwealth Heritage List, specifically the South Perth Post Office in Western Australia, which was identified as no longer being in a Commonwealth area and thus not fully or partially eligible for inclusion as a Commonwealth Place. This amendment was made in accordance with section 341L(1) of the Act, reflecting the policy objective to ensure the accuracy and relevance of the Commonwealth Heritage List.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection of heritage places across Australia, with specific provisions for the Commonwealth Heritage List. The Act pertains to entities and places that are of national significance, with the Commonwealth Heritage List detailing places that are owned or controlled by the Commonwealth or are otherwise of importance to the nation. The geographic reach of this legislation is national, as it pertains to places across all states and territories in Australia. The Act allows for the amendment of the Commonwealth Heritage List through subordinate instruments, such as the Gazette, and specifies the removal of places that are no longer eligible for inclusion. The recent amendment, Gazette No CG2017G00195, addresses the removal of specific places, including the South Perth Post Office, from the Commonwealth Heritage List due to their relocation or changes in ownership that render them ineligible for Commonwealth heritage status. This amendment underscores the Act's flexibility in maintaining the integrity of the Commonwealth Heritage List by ensuring only places that meet the criteria for national significance are included.
Key Provisions
The main operative sections of this amendment to the Gazette (C2017G00195) are those that pertain to the removal of certain places from the Commonwealth Heritage List. This is done in accordance with section 341L(1) of the Environment Protection and Biodiversity Conservation Act 1999. The key change made by this amendment is the correction of the original schedule concerning the South Perth Post Office in Western Australia, which was incorrectly included in the list of places to be removed. By correcting this error, the amendment ensures that the South Perth Post Office remains on the Commonwealth Heritage List, as it is deemed to be a Commonwealth Place either fully or in part.
The Act imposes several obligations and requirements on the parties and entities it governs. The Minister for the Environment must ensure that places listed on the Commonwealth Heritage List are indeed Commonwealth Places, either fully or in part. If a place is found to no longer meet the criteria for inclusion, the Minister is required to remove it from the list. This process must be done in accordance with the provisions of the Act, and the Minister must provide reasons for their decision. In this case, the Minister has determined that the South Perth Post Office is still eligible for inclusion on the Commonwealth Heritage List, and thus it is retained.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of the Act in relation to this amendment. However, any failure to comply with the requirements of the Act could potentially result in legal action being taken against the Minister for the Environment or the responsible authorities. This could include challenges to the decisions made under the Act, which may be subject to judicial review by the courts. It is important to note that the consequences of such actions would depend on the specific circumstances of each case, and the relevant provisions of the Act and any other applicable laws.