Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1)

Overview

The Environment Protection and Biodiversity Act 1999 was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage, and to regulate activities that have a significant impact on the environment. The Act aims to promote ecologically sustainable development and to protect and conserve Australia’s natural, cultural, and built heritage. The Reserve Bank of Australia, under section 341S of the Act, has made the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 and intends to amend this plan in accordance with the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1). The amendments aim to address scrutiny concerns raised by the Senate Scrutiny of Delegated Legislation Committee and to ensure the Plan remains accessible and usable. This legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1) is a legislative instrument made under section 341S(2) of the Environment Protection and Biodiversity Act 1999. This amendment applies specifically to the management plan for the Reserve Bank of Australia's head office located at 65 Martin Place, Sydney. The amendment responds to concerns raised by the Senate Scrutiny of Delegated Legislation Committee regarding the free access and use of the initial plan, aligning with scrutiny principles outlined in Senate standing order 23. The instrument is designed to modify the original Heritage Management Plan 2020, ensuring that it complies with legislative requirements and public scrutiny standards. The amendment involves specific changes detailed in Schedule 1, such as the removal of certain restrictive clauses from the original document to enhance its accessibility. The instrument is subject to registration and commences on the day following its registration on the Federal Register of Legislation.

Key Provisions

The Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan Amendment 2021 (No. 1) (Plan Amendment) modifies the Reserve Bank of Australia Head Office, 65 Martin Place, Sydney Heritage Management Plan 2020 (Plan) under section 341S(2) of the Environment Protection and Biodiversity Act 1999 (Act) (sections 1 and 3). The Plan Amendment removes specific wording from the unnumbered page that precedes the Executive Summary, which previously restricted the document's use (Schedule 1, item 1). This amendment allows for broader access and use of the Plan in accordance with the Act. The changes are designed to respond to scrutiny concerns raised by the Senate Scrutiny of Delegated Legislation Committee, ensuring the Plan complies with Senate standing orders. The Plan Amendment imposes specific obligations on the Reserve Bank of Australia to ensure the amended Heritage Management Plan adheres to the requirements of the Environment Protection and Biodiversity Act 1999. It mandates that the amended Plan be accessible and usable for the purposes intended under the Act, removing any restrictions that might limit its utility for stakeholders. Additionally, the Reserve Bank must ensure that the Plan Amendment is registered on the Federal Register of Legislation and that it complies with the legislative requirements set forth in the Act. There are no explicit offences, penalties, or consequences for breach detailed in the Plan Amendment itself. However, any failure to comply with the requirements of the Environment Protection and Biodiversity Act 1999 or any other related legislation could result in legal actions, penalties, or sanctions as provided under those laws. The specific penalties for breaches of the Act can vary widely depending on the nature and severity of the breach, and they can include substantial fines and other legal repercussions. The Plan Amendment also includes a Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This statement asserts that the Legislative Instrument does not engage any of the applicable rights or freedoms, and therefore, it is compatible with human rights. This ensures that the changes made to the Heritage Management Plan do not infringe upon any human rights protected under Australian law.