EXPLANATORY STATEMENT
Issued by the Reserve Bank of Australia
Environment Protection and Biodiversity Act 1999
Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1).
Pursuant to section 341S (1) of the Environment Protection and Biodiversity Act 1999 (Act) the Reserve Bank of Australia (Reserve Bank) made the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 (F2020L01031) (the Plan).
The Reserve Bank may amend the Plan pursuant to section 341S (2) of the Act.
The Reserve Bank intends to amend the Plan in the manner specified in the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1) (Plan Amendment).
The Plan Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Need for amendments
The Plan Amendment addresses scrutiny concerns raised by the Senate Scrutiny of Delegated Legislation Committee in relation to free access and use of the Plan following its assessment of the Plan against scrutiny principles outlined in Senate standing order 23.
Consultation
In accordance with the consultation requirements specified in section 341S (6) (b) of the Act and 10.03(c) of the Regulations, in January 2021 the Bank published the following documents on its website for comment:
Consultation Draft – Reserve Bank of Australia Head Office, Sydney Heritage Management Plan Amendment 2021 (No. 1) which set out the Plan Amendment
Draft Explanatory Statement- Reserve Bank of Australia Head Office, Sydney Heritage Management Plan Amendment 2021 (No. 1)
The Bank received no submissions in response to the draft Plan Amendment.
The Plan Amendment was considered by the Australian Heritage Council, and advice was provided by that Council to the delegate to the Minister for Agriculture, Water and the Environment (Minister). The delegate to the Minister has advised the Bank that the Plan Amendment addresses the matters prescribed by the EPBC Act.
Contents of the Plan Amendment
1 Name
This is the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1).
2 Commencement
This instrument commences at the start of the day after the day it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au
3 Authority
This instrument is made under section 341S (2) of the Environment Protection and Biodiversity Conservation Act 1999.
4 Amendments
The instrument that is specified in Schedule 1 is amended as set out in the applicable items in that Schedule.
Schedule 1—Amendments
Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 (F2020L01031)
1 omit the following words from the unnumbered page that immediately follows the covering page and immediately precedes the page headed ‘EXECUTIVE SUMMARY’ and numbered i.:
‘This document remains the property of NBRS & PARTNERS Pty Ltd.
The document may only be used for the purposes for which it was produced.
Unauthorised use of the document in any form whatsoever is prohibited.’
Regulation Impact Statement
The Office of Best Practice and Regulation (OBPR) has advised that a regulatory impact Statement is not required in relation to the Heritage Management Plan (OBPR reference: 42706).
Statement of compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Legislative Instrument
Pursuant to section 341S (1) of the Environment Protection and Biodiversity Act 1999 (Act) the Reserve Bank of Australia (Reserve Bank) made the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 (F2020L01031) (the Plan). Pursuant to section 341S (2) of the Act, the Reserve Bank intends to amend the Plan in the manner specified in the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1) (Plan Amendment). The Plan Amendment does not engage any of the applicable rights or freedoms.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Approved by the Reserve Bank of Australia
19th October2021