THE NATIONAL HERITAGE SYSTEM
The national heritage system is a framework for the listing and protection of natural and cultural heritage places across Australia.
The new system operates under a piece of Australian Government legislation called the Environment Protection and Biodiversity Conservation Act 1999, commonly known as the EPBC Act. This legislation provides for the establishment of a new National Heritage list, and a new Commonwealth Heritage list.
The national heritage system operates in parallel with local and State / Territory heritage systems. In other words, a place could be on a National Trust list, be protected under a local government planning scheme and listed on a State or Territory heritage register, and still also be listed on the National or Commonwealth Heritage list. Each system acts like an additional layer of potential protection for the place.
The Australian Government Department of the Environment and Heritage (DEH) administers the new national heritage system.
The National Heritage List
The new National Heritage list is a list of places of “outstanding heritage value to the Nation”. There are nine National Heritage criteria, and a place must meet at least one of the to qualify. Given that the threshold for listing on this list is so high, it is envisioned that it will never become a list of thousands of places.
Anyone from the public can nominate a place to the National Heritage list, although it is advised that potential nominators consider the National Heritage criteria carefully before placing a nomination. Remember that the threshold is very high. The place must tell an Australian story (and not just a local or regional one). And you should be able to prove that the relevant heritage values so significant that they make this place “outstanding” in comparison to other similar sites around the country. National Heritage nomination forms are available from DEH.
If you are thinking of nominating a place to this list, it is a good idea to read the values statements for places already listed on the National Heritage list. These can be downloaded from the National Heritage homepage. You can also find information about places that have been nominated, listed and refused listing in the Heritage Public Notices Database on DEH’s website.
The Commonwealth Heritage List
The Commonwealth Heritage list is a list of places that the Australian government either owns or manages, and also have “significant heritage value to the Nation” (note that this threshold is not as high as it is for the National Heritage list). There are already over 300 places on the Commonwealth list. Most commonly, these places are Defence buildings, Post Offices and offshore islands.
Anyone from the public can nominate a place to the Commonwealth Heritage list. To do this you must show how the place meets at least one of the nine Commonwealth Heritage criteria. Remember that the place must also be under the ownership or control of the Australian Government or one of its agencies. Commonwealth Heritage nomination forms are available from DEH.
The Register of the National Estate
Before the introduction of the new national heritage system, the Register of the National Estate (RNE) was only nation-wide heritage list. This list still exists as a comprehensive register of heritage places around the country. However, as a result of amendments to the EPBC Act and the Australian Heritage Council Act, passed at the end of 2006, it will cease to be a statutory list in 2012.
Until then, places on the RNE will continue to be given some protection under the EPBC Act. In making a decision on whether to grant an approval for a development action the Minister must consider any impacts that the action might have on places listed on the RNE. Some of these places may also be protected under state/territory legislation. The idea behind the delayed repeal of the RNE was to allow the states and territories sufficient time to respond to the new policy.
Alternatively some places on the RNE may be eligible for listing on the National or Commonwealth Heritage lists. Remember, however, that the threshold for listing (particularly on the National Heritage list) is much higher than the requirements for the RNE.
ACNT Heritage Laws Advisory Service.
The ACNT actively encourages people to engage with the National Heritage System. It’s our heritage to conserve. As part of this we invite you to email any questions you might have about how the National Heritage System works and what avenues are available to you if you feel that inappropriate development is jeopardising our heritage.
The aim of this service is to help you to use the EPBC Act and other heritage protection legislation to achieve specific conservation results. The types of advice and assistance we may be able to provide includes:
• Providing information on how to request that the Minister "call in" an action
• Looking over submissions on new referrals before you send them in
• Looking over submissions in response to assessments
• Providing an explanation of EPBC Act processes
• Providing assistance about where and how to find relevant information
So please contact us if this is the type of help you need.
The ACNT Heritage laws advisory service is not a legal service and cannot provide you with professional legal advice. If you need this sort of information, you need to speak to a qualified legal practitioner, or the Environmental Defender's Office.
More information about the national heritage system
To find out more about both the national heritage system and the EPBC Act as a whole, we recommend taking a look at the EPBC Project website. It provides accurate information about the legislation, in plain English. From this site you can find out how to nominate a place to the National Heritage list, find out how listed places are protected under the EPBC Act, or download EPBC Act guides.
The EPBC Project was a collaborative initiative between the Australian Council of National Trusts, WWF-Australia and the Tasmanian Conservation Trust to build public understanding of the EPBC Act, including the new National Heritage system operating under the EPBC Act.
More information about the new national heritage system can also be found in the heritage section of DEH website. To find out more about the EPBC Act see the EPBC section of the DEH website.