Page 3295 - Week 10 - Thursday, 25 September 2014
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Government amendment No 23, to clause 32, relates to reduced duplication with nature conservation legislation in the ACT. Clause 32 makes provision to ensure there is no duplication between the registrations under the Heritage Legislation Amendment Bill 2013 and the Nature Conservation Act 1980. It does this by ensuring that where the significance of a place or object derives solely from the natural heritage significance of flora or fauna for which a declaration is in force or may be in force under the Nature Conservation Act, it cannot also be registered under the Heritage Act.
However, if the flora or fauna forms part of a place which also has aspects of cultural heritage significance for which a declaration cannot be made under the nature conservation legislation, it may be registered as part of the broader registration for that place or object. The government amendments to this section ensure that if the flora or fauna forms part of a place which also has aspects of natural heritage significance for which a declaration cannot be made under nature conservation law, it may be registered as part of the broader registration for that place or object. Government amendment No 32 clarifies that the definition of conservator is the Conservator of Flora and Fauna.
Government amendment No 28 is particularly important. It removes the proposed introduction of ministerial call-in provisions. It omits all provisions in proposed new part 7A, ministerial call-in or referral for a heritage matter.
The remaining government amendments all give effect to the removal of the proposed call-in powers. There are a number of government amendments which I will briefly outline for the benefit of members.
Government amendment No 2 omits reference to the minister in the context of a decision to register an urban tree. Government amendment No 6 removes concepts proposed through new sections 19A and 19C of the draft bill which have effect for ministerial call-in powers.
Government amendment No 7 omits provisions relating to ministerial call-in powers in relation to a request for an urgent decision about provisional registration. Government amendment No 8 substitutes references to a heritage finding with reference to a decision. The concept of a heritage finding had been established through the amendment bill to give effect to administrative processes enabling the minister to be able to call in a registration decision. Commensurate with other government amendments which remove the proposed ministerial call-in powers proposed in the amendment bill, government amendment No 8 removes reference to associated administrative matters.
Government amendment No 12 omits references to the minister in the context of a termination event for a registration matter in relation to a period of provisional registration. Government amendment No 13 omits reference to the minister in the context of the end of the provisional registration period where no decision has yet been made on the final registration.
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