EXPLANATORY STATEMENT
York Park North Tree Plantation Heritage Management Plan 2024
Issued by Authority of the Chief Executive of the National Capital Authority
under the Environment Protection and Biodiversity Conservation Act 1999
Legislative Authority
The York Park North Tree Plantation Heritage Management Plan (the HMP) is made under subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act).
Subsection 341S(1) requires a Commonwealth agency to make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls within the period mentioned in the agency’s heritage strategy as prepared under section 341ZA. A plan made under subsection 341S(1) is a legislative instrument (see subsection 341S(8)).
The Commonwealth Heritage place the HMP deals with is the York Park North Tree Plantation (the Plantation), which has been included on the Commonwealth Heritage List (CHL) since 2004.
The relevant Commonwealth agency is the Chief Executive of the National Capital Authority (NCA). The Chief Executive of the NCA is a person performing the duties of an appointment made by the Governor-General under the Australian Capital Territory (Planning and Land Management) Act 1988.
The York Park North Tree Plantation
The Plantation is at the northern end of a larger area called York Park in Barton, ACT. The Plantation is included on the CHL with a range of heritage values related to its history and historical associations, rarity (as an example of a plantation), and creative achievement qualities.
The Plantation is significant as it is the only one of six plantations proposed for Canberra in the late 1920s - early 1930s that remains largely intact.
The inaugural planting was carried out by HRH the Duke of York on 10 May 1927 as part of the celebrations associated with the opening of the provisional Parliament House.
The formal arrangement of the Plantation and the use of a large number of single species in wide spacing is unusual. It demonstrates a historic aspect of the National Capital's early tree planting program.
The features intrinsic to the heritage significance of the place are the English oak plantation containing 75 live trees and the English oak at the northwestern corner of the Plantation.
Preparation of the HMP
The HMP was prepared in 2024 on behalf of the NCA by consultant Duncan Marshall AM, with assistance from Arbor Management Australia.
Overview of the instrument
The HMP is a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place as required under section 341S of the EPBC Act.
The HMP addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (the EPBC Regulations) and is not inconsistent with the Commonwealth Heritage management principles in Schedule 7B of those regulations.
In addition, the HMP broadly follows the principles and processes set out in the Australia ICOMOS Charter for Places of Cultural Significance 2013 (the Burra Charter) and its Practice Notes. The Burra Charter establishes a standard of practice for those involved in assessing, managing and undertaking works to places of cultural significance.
The HMP contains a history of the Plantation, describes the existing condition of the place, confirms the significance of the Plantation against the CHL criteria and establishes conservation policies and guidelines for its ongoing management.
Consultation
In accordance with paragraph 341S(6)(b) of the EPBC Act, comments were invited on the draft HMP from members of the public, key stakeholders and community groups with rights and interests in the place.
A draft HMP was made available for public comment from 2 to 29 July 2022. Notices were published in the Canberra Times and The Australian on 2 July 2022 notifying the general public of the project and providing an opportunity to comment. The draft HMP was made publicly available on the NCA’s website from 2 July 2022 to 29 July 2022, and key stakeholders were notified in writing.
Three (3) submissions were received during the 20-day consultation period from the Australian Garden History Society (AGHS), National Trust of Australia (ACT), and a member of the public.
The comments received during public consultation were mainly focused on potential significance with respect to Commonwealth heritage values under criterion (b) - Rarity and criterion (g) - Social significance, policy on future upgrade works, reference to the golden sun moth, and heritage interpretation. The comments from the public consultation were acknowledged, noted and addressed in the HMP.
A consultation report was prepared to respond to the comments raised by the public during the consultation period and identified how the public comments were addressed in finalising the HMP.
The draft HMP was provided to the Department of the Climate Change, Energy, the Environment and Water (DCCEEW) for consideration pursuant to paragraph 341S(6)(a) of the EPBC Act. On 28 November 2024, the Minister for Environment and Water's delegate confirmed that the draft HMP complied with the requirements of the EPBC Act and the Commonwealth Heritage management principles.
Period of operation
The HMP is a legislative instrument for the purposes of the Legislation Act 2003 and commences on the day after it is 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 HMP being made.
Regulatory Impact
The Office of Impact Analysis (OIA) has advised that the proposal is unlikely to have more than a minor impact (OIA23-06149). As such, the preparation of an Impact Analysis (IA) is not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
York Park North Tree Planation Heritage Management Plan 2024
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 is a plan made under subsection 341S (1) of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). Subsection 341S (1) requires a Commonwealth agency to make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls within the period mentioned in the agency’s heritage strategy as prepared under section 341ZA. A plan made under subsection 341S (1) is a legislative instrument (see subsection 341S (8)).
The Commonwealth Heritage place the HMP deals with is the York Park North Tree Plantation (the Plantation), which has been included on the Commonwealth Heritage List (CHL) since 2004. The Plantation is a collection of English Oaks in the central of Canberra. The Plantation is located at the northern end of York Park, close to Australian Parliament House.
The relevant Commonwealth agency is the Chief Executive of the National Capital Authority (NCA). The Chief Executive of the NCA is a person performing the duties of an appointment made by the Governor-General under the Australian Capital Territory (Planning and Land Management) Act 1988.
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.
Karen Doran
Chief Executive
National Capital Authority
21 November 2025