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2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Environment Protection and Biodiversity Conservation Amendment
(Heritage Listing for the Bight) Bill 2019
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
the Member for Mayo, Ms Rebekha Sharkie MP
Environment Protection and Biodiversity Conservation Amendment
(Heritage Listing for the Bight) Bill 2019
OUTLINE
The Bill seeks to grant National Heritage status to the Great Australian Bight, in
recognition of its important economic, social and environmental value to Australia and
particularly to South Australia and eastern Western Australia. National Heritage status may
be used as part of a case for World Heritage status.
This Heritage Status will significantly raise the threshold required to engage in resource
exploitation in the region, considerably mitigating the possibility that activities that pose a
catastrophic risk to the region would proceed.
The Bill would grant National Heritage status to the Commonwealth area in the Southern
Ocean with the western boundary extending along the 123˚20'0.00"E line of longitude, the
eastern boundary extending along the 140˚34'8.13"E line of longitude, and within the outer
limits of the continental shelf of Australia (but not its external territories) as per the
meaning of the Seas and Submerged Lands Act 1973.
This area is identifiable in the diagram below:
FINANCIAL IMPACT
The Bill will have no financial impact.
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NOTES ON CLAUSES
Clause 1: Short Title
Clause 1 provides for the Bill, once enacted, to be cited as the Environment Protection and
Biodiversity Conservation Amendment (Heritage Listing for the Bight) Act.
Clause 2: Commencement
Clause 2 provides for the Bill to commence from the day the Act receives the Royal Assent.
Clause 3: Schedules
Clause 3 provides that legislation specified in a Schedule is amended or repealed as set out in that
Schedule.
Schedule 1 - Amendments
Item 1
Item 1 amends subsection 324C(1), which relates to the Minister keeping a written record of
places and their heritage values (the National Heritage List), to include a reference to new
subdivision BBA (see Item 3 below).
Item 2
Item 2 amends subsection 324C(2) to make it explicit that it only applies to Subdivisions BA, BB
or BC.
Item 3
Item 3 inserts a new Subdivision BBA - Inclusion of places in the National Heritage List:
Great Australian Bight heritage area.
New Section 324RA has the following components:
Subsection 324RA(1) requires the Minister to, by instrument published in the Gazette, include the
Great Australian Bight ('GAB') heritage area in the National Heritage List, and the National
Heritage values that the Minister believes the GAB heritage area has or may have.
Subsection 324RA(2) requires the Minister to consult communities in Western Australia and
South Australia likely to be affected by the inclusion of the GAB heritage area in the National
Heritage List, prior to including a National Heritage value for the GAB heritage area.
Subsection 324RA(3) requires that, despite anything else in the Act, the GAB heritage area must
not be removed from the National Heritage List.
Subsection 324RA(4) defines the GAB heritage area as the National area in the Southern Ocean
with the western boundary extending along the 123˚20'0.00"E line of longitude, the eastern
boundary extending along the 140˚34'8.13"E line of longitude, and within the outer limits of the
continental shelf of Australia (but not its external territories) as per the meaning of the Seas and
Submerged Lands Act 1973.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment
(Heritage Listing for the Bight) Bill 2019
This Bill 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 Bill
The Bill seeks to grant National Heritage status to the Great Australian Bight, in
recognition of its important economic, social and environmental value to Australia and
particularly to South Australia and eastern Western Australia. National Heritage status may
be used as part of a case for World Heritage status.
This Heritage Status will significantly raise the threshold required to engage in resource
exploitation in the region, considerably mitigating the possibility that activities that pose a
catastrophic risk to the region would proceed.
The Bill would grant National Heritage status to the Commonwealth area in the Southern
Ocean with the western boundary extending along the 123˚20'0.00"E line of longitude, the
eastern boundary extending along the 140˚34'8.13"E line of longitude, and within the outer
limits of the continental shelf of Australia (but not its external territories) as per the
meaning of the Seas and Submerged Lands Act 1973.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Ms Rebekha Sharkie MP
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