The Lodge Heritage Management Plan 2024–2029

Administered by Department of the Prime Minister and Cabinet

Legislation au F2024L01441 In force Legislative Instrument

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THE LODGE HERITAGE MANAGEMENT PLAN 2024–2029

EXPLANATORY STATEMENT

Issued by authority of the Prime Minister

under the Environment Protection and Biodiversity Conservation Act 1999

Purpose and Overview of the Legislative Instrument

Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires that the Commonwealth agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place, within the period mentioned in the agency’s heritage strategy.

The Department of the Prime Minister and Cabinet (PM&C) owns and manages The Lodge, located at 5 Adelaide Ave, Deakin, Australian Capital Territory 2600. The Lodge was listed as a Commonwealth Heritage Place on 22 June 2004.

This Explanatory Statement relates to The Lodge Heritage Management Plan 2024–2029 which is a legislative instrument, pursuant to subsection 341S (8) of the EPBC Act.

The Lodge Heritage Management Plan 2024–2029 (the legislative instrument) provides for the future management of The Lodge, with the objective to identify, protect, conserve, present and transmit the place’s identified Commonwealth Heritage values.

Volume One contains a detailed description of the history and cultural significance of The Lodge as well as its physical elements and condition. It sets out the operational requirements for the management of the place with policies to guide the future management and protection of its Commonwealth Heritage values.

Volume Two contains a number of relevant reports and information to support the management frameworks in Volume One.

The legislative instrument meets the requirements under subsection 341S (4) of the EPBC Act. Specifically, it addresses all matters prescribed by regulation 10.03B and Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) and is not inconsistent with the Commonwealth Heritage Management Principles set out in Schedule 7B of those regulations.

Documents Incorporated by Referenced

The following documents are incorporated by reference in the legislative instrument. They comprise non-statutory guidelines for best practice heritage methodologies, processes and strategies. The documents may be freely accessed and are available to members of the public through the provided links.

The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013

Accessed from: Burra Charter & Practice Notes | Australia ICOMOS

Engage Early – Guidance for proponents on best practice Indigenous engagement for environmental assessments under the EPBC Act

Accessed from: Draft policy statement: Engage Early - Guidance for proponents on best practice Indigenous engagement for environmental assessments under the EPBC Act - DCCEEW

The Interim Engaging with First Nations People and Communities on Assessments and Approvals under Environment Protection and Biodiversity Conservation Act 1999 (interim guidance)

Accessed from: The Interim Engaging with First Nations People and Communities on Assessments and Approvals under Environment Protection and Biodiversity Conservation Act 1999 (interim guidance) - DCCEEW

The incorporation of these documents is authorised by subsection 14(1) of the Legislation Act 2003. All of these documents are incorporated as in force as at a particular time, being the time when the legislative instrument comes into force.

Consultation

In accordance with the consultation requirements specified in subsection 341S (6)(b) of the EPBC Act and regulation 10.03C of the Regulations, PM&C sought comment from members of the public and Indigenous people with rights and interests in the place in relation to the draft legislative instrument. Pursuant to regulation 10.03C, consultation occurred for a prescribed period of no less than 20 days after the last day on which the notice was published, from 12 October 2022 to 9 November 2022, via notices placed in The Australian and on the PM&C website. No submissions were received in the public comment phase.

PM&C undertook two rounds of consultation with officials at the Department of Climate Change, Energy, the Environment and Water (DCCEEW) prior to advice being sought from the Minister for the Environment and Water (the Minister) on the draft legislative instrument. PM&C addressed all comments received from DCCEEW before submission of the draft legislative instrument to the Minister, the latter satisfying subsection 341S (6)(a) of the EPBC Act.

The draft legislative instrument was considered by the Australian Heritage Council in an out of session meeting in June 2024, and advice was provided by that Council to the Minister’s delegate. On 24 June 2024, the delegate confirmed that the legislative instrument addresses the matters prescribed by the EPBC Act and the Regulations, and is not inconsistent with the Commonwealth Heritage Management Principles.

Period of Operation

The legislative instrument commenced on the day after it was registered on the Federal Register of Legislation.

In accordance with section 341X of the EPBC Act, a review must be carried out within five years of the legislative instrument being made.

Regulatory Impact Statement

The Office of Best Practice Regulation has advised, under reference number OIA24-07721, that the proposal is unlikely to have a more than minor regulatory impact. Therefore, the preparation of a Regulation Impact Statement is not required for the proposal.

Making the Legislative Instrument

This legislative instrument has been made by the Secretary of the Department of the Prime Minister and Cabinet in accordance with section 6 of the Legislation Act 2003.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Lodge Heritage Management Plan 2024–2029

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

This Disallowable Legislative Instrument provides such a framework for The Lodge, located at 5 Adelaide Ave, Deakin, Australian Capital Territory 2600.

Human Rights Implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Lodge Heritage Management Plan 2024–2029, enacted in 2024, is a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This plan was developed to provide a comprehensive framework for the management, protection, and conservation of The Lodge, a Commonwealth Heritage Place located in Deakin, Australian Capital Territory. The Department of the Prime Minister and Cabinet (PM&C), which owns and manages The Lodge, is required by Section 341S of the EPBC Act to create this management plan within the period mentioned in its heritage strategy. The objective is to identify, protect, conserve, present, and transmit the place's identified Commonwealth Heritage values, ensuring that The Lodge remains a significant cultural and historical site for future generations. The legislative instrument was created in accordance with the provisions of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. It incorporates by reference several non-statutory guidelines for best practice heritage methodologies, processes, and strategies, which are freely accessible to the public. Public and Indigenous consultation was conducted as required by the EPBC Act, although no public submissions were received. The plan was reviewed and approved by the Australian Heritage Council and the Minister for the Environment and Water, ensuring it meets the legislative requirements and aligns with the Commonwealth Heritage Management Principles. The plan's period of operation and a mandatory review within five years are also specified in the legislation.

Scope and Application

The Lodge Heritage Management Plan 2024–2029, a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is designed to guide the management of The Lodge, a Commonwealth Heritage place owned and managed by the Department of the Prime Minister and Cabinet. This legislative instrument applies specifically to the Department of the Prime Minister and Cabinet in its capacity as the managing authority of The Lodge, aiming to identify, protect, conserve, present, and transmit the heritage values of the site. The instrument operates within the Australian Capital Territory, the geographical jurisdiction where The Lodge is located. It ensures compliance with the Commonwealth Heritage Management Principles and relevant regulations, notably the Environment Protection and Biodiversity Conservation Regulations 2000. Notably, the legislative instrument does not engage with any of the human rights or freedoms recognised in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument, which came into effect on the day after its registration on the Federal Register of Legislation, will be reviewed within five years as mandated by the EPBC Act.

Key Provisions

The main operative sections of The Lodge Heritage Management Plan 2024–2029, which are detailed in the Explanatory Statement, primarily revolve around the requirements for a written management plan for The Lodge, a Commonwealth Heritage Place. Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates that the Department of the Prime Minister and Cabinet (PM&C), which owns and manages The Lodge, must develop this management plan to safeguard and manage the heritage values of the property. This plan, as a legislative instrument, is intended to identify, protect, conserve, present, and transmit the place’s identified Commonwealth Heritage values, as outlined in the EPBC Act. The obligations imposed on the parties by The Lodge Heritage Management Plan 2024–2029 include the development and implementation of policies and operational requirements designed to ensure the protection and management of The Lodge’s heritage values. Volume One of the plan sets out the detailed policies and operational frameworks, while Volume Two provides supporting information and reports. These documents are required to meet the criteria prescribed by regulation 10.03B and Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000, and must not conflict with the Commonwealth Heritage Management Principles outlined in Schedule 7B of those regulations. In terms of consequences for non-compliance, the legislation does not explicitly state specific offences or penalties for breaches. However, failure to adhere to the management plan’s requirements could potentially lead to civil or administrative actions under the EPBC Act or other relevant legislation. The EPBC Act itself includes provisions for enforcement actions, including fines and imprisonment, for breaches related to the protection of heritage places. Given the nature of the management plan, non-compliance could also result in disciplinary actions within the PM&C or other relevant agencies. The legislative instrument is subject to a review within five years of its commencement, as required by section 341X of the EPBC Act. This review ensures that the management plan remains effective and relevant to the protection and management of The Lodge’s heritage values. The incorporation of best practice heritage methodologies and processes, as outlined in documents such as The Burra Charter and the guidance on Indigenous engagement, further underscores the commitment to responsible heritage management.

Area of Law: Environmental Law; Heritage Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Consultation Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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