York Park North Tree Plantation Heritage Management Plan 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025L01366 In force Legislative Instrument

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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

 

 

Overview

The York Park North Tree Plantation Heritage Management Plan 2024, issued by the Chief Executive of the National Capital Authority under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), aims to protect and manage the Commonwealth Heritage values of the York Park North Tree Plantation. Enacted to address the need for a comprehensive management plan for Commonwealth Heritage places owned or controlled by the Commonwealth, the Act requires agencies to prepare such plans within the timeframes outlined in their heritage strategies. The Plantation, listed on the Commonwealth Heritage List since 2004, is significant for its historical associations, rarity, and creative achievement, being the only intact example of the six plantations proposed for Canberra in the late 1920s. The plan was developed with public consultation and adheres to the Burra Charter and Commonwealth Heritage management principles, ensuring the preservation of the Plantation's heritage values. This legislative instrument is designed to facilitate the ongoing conservation and management of the York Park North Tree Plantation, ensuring that its historical and cultural significance is preserved for future generations. The management plan not only outlines the Plantation's historical background and current condition but also establishes policies and guidelines to safeguard its heritage values. The consultation process reflects a commitment to inclusivity and transparency, allowing stakeholders and the public to provide input on the draft plan. The instrument's compatibility with human rights has been confirmed, ensuring that its implementation does not infringe on any recognised human rights or freedoms.

Scope and Application

The York Park North Tree Plantation Heritage Management Plan 2024 (HMP) is a legislative instrument created under subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to protect and manage the Commonwealth Heritage values of the York Park North Tree Plantation, a site included on the Commonwealth Heritage List since 2004. This HMP applies to the Chief Executive of the National Capital Authority (NCA), who is the relevant Commonwealth agency responsible for the Plantation. The plan addresses all matters prescribed by Schedule 7A of the EPBC Regulations and adheres to the Commonwealth Heritage management principles outlined in Schedule 7B. The HMP outlines the history, current condition, significance, and conservation policies for the Plantation. The scope of the HMP extends to ensuring the protection and management of the Plantation's heritage values and is subject to review within five years of its creation. There are no stated exclusions or exemptions within the HMP itself, though it is noted that the impact of the proposal is unlikely to be more than minor, hence no Impact Analysis was required. The HMP is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The York Park North Tree Plantation Heritage Management Plan 2024 (HMP) is a statutory instrument made under subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (paragraph 1). The HMP outlines the measures to protect and manage the Commonwealth Heritage values of the York Park North Tree Plantation, which has been included on the Commonwealth Heritage List since 2004 (paragraph 2). The Plantation, located in Barton, ACT, is significant for its historical and heritage values, particularly as it is the only remaining intact example of the six plantations proposed for Canberra in the late 1920s - early 1930s (paragraph 3). The HMP was prepared by consultant Duncan Marshall AM, with assistance from Arbor Management Australia, and it addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations) (paragraph 7). The HMP imposes several obligations on the Chief Executive of the National Capital Authority (NCA), who is the relevant Commonwealth agency for the purposes of the Act (paragraph 4). These include preparing a written plan to protect and manage the heritage values of the Plantation, ensuring that the HMP complies with the Commonwealth Heritage management principles in Schedule 7B of the EPBC Regulations, and following the principles and processes set out in the Australia ICOMOS Charter for Places of Cultural Significance 2013 (the Burra Charter) and its Practice Notes (paragraphs 7 and 8). The HMP must also be reviewed within five years of its creation in accordance with section 341X of the EPBC Act (paragraph 14). Breaching the provisions of the HMP could result in various civil or criminal consequences. The HMP does not specify particular offences or penalties for non-compliance; however, the EPBC Act generally provides for civil penalties for breaches of its provisions. For instance, under section 507 of the EPBC Act, a person who contravenes a direction given under the Act can be subject to a penalty of up to $1.1 million for a corporation and $220,000 for an individual (subsection 507(1)). Additionally, under section 508, a person who causes or authorises a contravention of the EPBC Act can be subject to a penalty of up to $6.6 million for a corporation and $1.3 million for an individual (subsection 508(1)). These penalties are indicative and may vary based on the specific circumstances and the nature of the breach. In summary, the York Park North Tree Plantation Heritage Management Plan 2024 is a legislative instrument that mandates the Chief Executive of the National Capital Authority to protect and manage the heritage values of the York Park North Tree Plantation. The HMP is subject to review within five years and must comply with the EPBC Regulations and the Burra Charter. Failure to adhere to the provisions of the HMP could result in civil penalties under the EPBC Act, with the specific penalties depending on the nature and severity of the breach.

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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.