Outcome:	1. Environment			Question No: 18
Division/Agency:	Heritage Division
Topic:	Alpine National Park
Hansard Page ECITA:	97

Senator Carr asked:
What were the grounds specified by the Heritage Council that led the minister to remove that listing (Alpine National Park)?  (The Minister has released a statement of reasons publicly on his reasons for that, which explains in greater detail than I can his basis for doing that.)   If you would not mind, I would appreciate that.

Answer/s:
A copy of the statement of reasons for the decision by the Minister for the Environment and Heritage to remove Alpine National Park from the National Heritage List is attached.

Outcome:	1. Environment			Question No: 19
Division/Agency:	Heritage Division
Topic:	Heritage Division
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
And in the previous three years, how many (heads of division) were there?

Answer/s:
There was one division head in the three years prior to November 2004.

Outcome:	1. Environment			Question No: 20
Division/Agency:	Heritage Division
Topic:	Heritage Division staffing numbers
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
Could I get a breakdown on the staffing within the division?  Yes, the total numbers, but then can you give me a list of the different classifications for the staff in the division?

Answer/s:
Total Heritage Division actual staffing (excluding staff on leave other than annual leave in excess of 1 month and staff on non-ongoing transfer out of the Division ) as at 1 November 2005 is:

Total:	89
Comprised –
Senior Executive Band 2	1
Senior Executive Band 1	3
Executive Level 2	12
Executive Level 1	23
APS 6	30
APS 5	11
APS 4	7
APS 3	1
APS 2	1

Outcome:	1. Environment			Question No: 21
Division/Agency:	Heritage Division
Topic:	Gallipoli – Heritage Listing
Hansard Page ECITA:	113

Senator Kim Carr asked:
My recollection is that towards the end of 2003, the Prime Minister was telling all who would listen that Anzac Cove would be the first site nominated on the National Heritage List. He said that he had no doubt that the Turkish Government would agree and give permission. That is right, isn’t it?
Can you take that on notice for me? Did the Prime Minister advise publicly, ‘I have no doubt that the Turkish Government will give permission’?

Answer/s:
Questions about the Prime Minister’s public statements should be directed to the Prime Minister’s Office or the Department of the Prime Minister and Cabinet.

Outcome:	1. Environment			Question No: 22
Division/Agency:	Heritage Division
Topic:	National Heritage List
Hansard Page ECITA:	115

Senator Carr asked:
Could we have a copy of the (National Heritage) list on notice? Can I have a list of those sites that have been rejected?

Answer/s:
The National Heritage List contained the following places as at 1 November 2005:

Brewarrina Aboriginal Fish Traps (Baiames Ngunnhu), Brewarrina, NSW
Sydney Opera House, Sydney, NSW
First Government House Site, Sydney, NSW
Kurnell Peninsula Headland, Kurnell, NSW
Budj Bim National Heritage Landscape - Tyrendarra Area, Tyrendarra, Vic
Budj Bim National Heritage Landscape - Mt Eccles Lake Condah Area, Macarthur, Vic
Eureka Stockade Gardens, Eureka, Vic
Castlemaine Diggings National Heritage Park, Castlemaine, Vic
Glenrowan Heritage Precinct, Glenrowan, Vic
Newman College, Parkville, Vic
Royal Exhibition Building National Historic Place, Carlton, Vic
ICI Building (former), East Melbourne, Vic
Sidney Myer Music Bowl, Melbourne, Vic
Dinosaur Stampede National Monument, Winton, Qld
Fremantle Prison (former), Fremantle, WA
Recherche Bay (North East Peninsula) Area, Southport, Tas
Port Arthur Historic Site, Port Arthur, Tas
Australian Academy of Science Building, Canberra, ACT
Mawsons Huts and Mawsons Huts Historic Site, Australian Antarctic Territory.

The following places had been rejected for inclusion in the National Heritage List as at 1 November 2005:

Brandy Marys Bago State Forest Crown Leases, Talbingo, NSW
Bradmans Birthplace, Cootamundra, NSW
Barlings Beach Area, Tomakin, NSW
BMA House, Sydney, NSW
Bondi Surf Pavilion, Bondi Beach, NSW
Lidcombe Hospital (former), Lidcombe, NSW
Eurama, Faulconbridge, NSW
Lady Julia Percy Island - Tyrendarra Area, Yambuk, Vic
War Graves, Mildura Public Cemetery, Mildura, Vic
Bendigo Town Hall, Bendigo, Vic
Golden Grove House, Shearing Sheds and Quarters, Golden Grove, SA
Palma Rosa, Hamilton, Qld
New Farm Park, New Farm, Qld
Cairns Yacht Club, Cairns, Qld
Hydro Electric Commission Building (former), Hobart, Tas
Cameron Offices, Belconnen, ACT
Tasmanian Seamounts Area, Commonwealth waters south-east of Hobart.

Outcome:	1. Environment			Question No: 23
Division/Agency:	Heritage Division
Topic:	National Heritage List
Hansard Page ECITA:	115

Senator Carr asked:
Yes. How many occasions (when the Minister has granted an extension) have there been? Could we have a list of those please?
Answer/s:
The Minister has granted extensions to the Australian Heritage Council for the assessment of places for the National Heritage List on six occasions to 1 November 2005, for a total of 32 extensions involving 24 places. The extensions are listed below. The reasons given for the extensions have been extracted from the statutory instruments signed by the Minister:

1. Extension granted 25 November 2004

Name of Place	Previous deadline for assessment	New Deadline for assessment	Reasons for extension

Kurnell Peninsula, NSW	29/11/2004	28/01/2005	The Council was waiting for a submission from a landowner on the peninsula who has sought information from the Department under the Freedom of Information Act 1982 to assist with that submission. The Council believed that for reasons of procedural fairness and natural justice it was important to consider the submission.	

2. Extensions granted 10 March 2005

Name of Place and File No.	Previous deadline for assessment	New deadline for assessment	Reasons for extension	
Dampier Archipelago Rock Art Site,

and

Burrup Peninsula, Islands of the Dampier Archipelago and Dampier Coast.

5/08/203/0056
	05/05/2005

04/06/2005	04/09/2005

04/09/2005	Delays in submission of reports by consultants and the need to respect customary law time for male Traditional Owners.

	
Lady Julia Percy Island - Tyrendarra Area
2/02/137/0001	02/03/2005	30/06/2005	The need to consult further with each group that has cultural associations and the need to establish whether cultural information can be made public.
	
Anzac Cove, Turkey	19/03/2005	19/03/2007	Discussions continue with the Government of Turkey. 	
Buna, Sananada, Gona Coastal Strip, Papua New Guinea

9/09/002/0001	10/03/2005	10/03/2007	Discussions continue with the Government of Papua New Guinea. 	
Recherche Bay Area

6/01/101/0034	02/03/2005	02/06/2005	Further evaluation of the case for National Heritage values is needed and this cannot be completed within the current deadline.	
Point Cook Air Base

2/12/053/0006	02/03/2005	02/09/2005	It would be preferable to consider the place within the context of a major consultancy “Australians at War” that is expected to be completed by 31 March 2005.	
Point Nepean Area

2/18/021/0015	02/03/2005	02/09/2005	It would be preferable to consider the place within the context of a major consultancy “Australians at War” that is expected to be completed by 31 March 2005.	
Arch of Victory and Avenue of Honour
2/03/123/0008
	27/04/2005	02/09/2005	It would be preferable to consider the place within the context of a major consultancy “Australians at War” that is expected to be completed by 31 March 2005.	
Tree of Knowledge

4/08/201/0004
	13/04/2005	02/09/2005	It would be preferable to also consider the significance of nearby related sites within the context of a study on democracy scheduled for completion by July 2005.	
Haberfield Conservation Area

1/17/001/0009
	14/04/2005	02/09/2005	The scale and nature of the nominated place required further substantial analysis.	

3. Extension granted 1 July 2005

Name of Place	Previous deadline for assessment	New Deadline for assessment	Reasons for extension	
High Court National Gallery Precinct, ACT
	28/06/2005	28/09/2005	The Council required additional time to consult relevant experts before it could finalize its assessment of the National Heritage values of the place.	

4. Extension granted 29 July 2005

Name of Place	Previous deadline for assessment	New Deadline for assessment	Reasons for extension	
Tarkine Wilderness Area, Tas	28/06/2005	20/08/2006	The Council required additional time to consult relevant experts before it could finalize its assessment of the National Heritage values of the place.	

5. Extensions granted 25 August 2005

Name of Place 	Previous deadline for assessment	New deadline for assessment
	Reasons for extension	
North Head, Manly, NSW	16/08/2005	28/2/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Haberfield Conservation Area, NSW	02/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Dundullimal Homestead Group, Dubbo, NSW	05/08/2005	28/2/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Point Cook Airbase, Vic	02/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Point Nepean Area, Portsea, Vic	02/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Quarantine Station and surrounds, Portsea, Vic
	05/08/2005	28/2/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Rippon Lea House and Garden, Elternwick, Vic	07/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	

Name of Place 	Previous deadline for assessment	New deadline for assessment
	Reasons for extension	
HMVS Cerberus, Black Rock, Vic	07/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Tree of Knowledge, Barcaldine, Qld	02/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
Dampier Archipelago Rock Art Site,

and

Burrup Peninsula, Islands of the Dampier Archipelago and Dampier Coast.	04/09/2005

04/09/2005	04/09/2006

04/09/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.
	
Hermannsburg Historic Precinct, NT	05/10/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	
High Court National Gallery Precinct, ACT	28/09/2005	28/02/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment deadline.	

6. Extensions granted 7 October 2005

Name of Place 	Previous deadline for assessment	New deadline for assessment
	Reasons for extension	
Lavender Bay, Milson’s Point Foreshore, NSW	16/10/2005	31/03/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. Consultation needed to be coordinated with a more recent related nomination.	
Arch of Victory and Avenue of Honour, Vic	02/09/2005	31/03/2006	Further evaluation of the case for National Heritage values was needed.	
Echuca Wharf, Vic	17/11/2005	31/03/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. These could not be completed within the current assessment period.	
The Adelaide City Parklands, SA	12/10/2005	31/03/2006	Public consultation processes needed to be completed and further evaluation of the case for National Heritage values was needed. Consultation needed to be coordinated with a more recent related nomination.	
Great Western Tiers. Tas.	23/12/2005	23/08/2006	It would be desirable for the Council to consider the information relevant to its assessment of the National Heritage values of the place that would be produced as a result of the Tasmanian Community Forest Agreement process.	

Outcome:	1. Environment			Question No: 24
Division/Agency:	Heritage Division
Topic:	Protection of Underwater Cultural Heritage
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
Has the Australian Government ratified the UNESCO Convention on the Protection of Underwater Cultural Heritage?  If not, why not?  When will it ratify this Convention?

Answer/s:
The Australian Government has not ratified the UNESCO Convention on the Protection of Underwater Cultural Heritage.

The Australian Government is establishing a Taskforce to ensure that the policy, legislative and program implications of ratifying the Convention are fully examined. 

Australian ratification of the Convention will be considered when the implications for Australia have been analysed in full.

Outcome:	1. Environment			Question No: 25
Division/Agency:	Heritage Division
Topic:	Protection of underwater cultural heritage
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
1.	What action has been taken under Australia’s heritage regime – the EPBC Act, Distinctively Australian or other heritage programs – to protect the shipwreck HMAS Sydney?

2.	Is HMAS Sydney being protected in any form as a war grave?  If not, why not?

3.	Has any action been taken to prevent the sale of artefacts from HMAS Sydney?

Answer/s:
1	The location of the HMAS Sydney (II) shipwreck is not known. If found in Australian waters, protection would be under the Historic Shipwrecks Act 1976.

2	The Commonwealth War Graves Commission advises that it does not consider shipwrecks to be ‘war graves’. Should the Sydney be located the Government will take steps to ensure that the wreck is treated appropriately as the final resting place of Australian war dead.

3	The location of the HMAS Sydney (II) shipwreck is unknown. It is thought to be in about 4,000 metres of water. The Government is not aware of any artefacts from HMAS Sydney (II) being in circulation.

Outcome:	1. Environment		Questions No: 26 and 27
Division/Agency:	Heritage Division
Topic:	Heritage Listings – Reasons for decisions
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
26	Is there any obligation under the Act for the Department to provide public information on the reasons for a decision to list or not list under the Act, or for the Australian Heritage Council to make its assessments publicly available?  If so, what is that obligation?  What is the statutory timeframe?

27	Has that statutory timeframe ever been exceeded?  If so, when?  What action has been taken to ensure that it doesn’t happen again.

Answer/s:
26 	In relation to reasons for a decision to list or not list, subsections 324J(3) and 324J(4) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) stipulate that if the Minister includes a place in the National Heritage List the Minister must advise each owner or occupier and the nominator (if any) that the place has been included in the list and publish a copy of the instrument published in the Gazette and the reasons for the decision on the Internet.

	If the Minister decides not to include a place in the list the Minister must, within 10 business days, give written reasons for the decision to the nominator (if any) and to anyone else who asks for them and within 10 business days publish the decision and the reasons for the decision on the Internet.

	In relation to obligations under the Act for the Australian Heritage Council (AHC) to make its assessments publicly available, the relevant section of the Act is Section 324R. This stipulates that a member of the AHC has a duty not to disclose any information about the assessment other than to the Minister, relevant officers of the Department or another member of the Council. However that duty ceases if the Minister decides to call for further public comments after receiving the AHC’s assessment, or if the Minister includes the place in the list, or if the Minister fails to meet the statutory deadline for making a decision (20 business days after receiving the AHC assessment). Once the duty ceases the member must give a copy of the assessment to anyone who asks for it.

	Statutory timeframes apply only to the provision of reasons for a decision not to include a place in the National Heritage List. Subsection 324J(4) stipulates that the Minister must provide reasons for a decision not to list a place in the National Heritage List. The Minister must provide such reasons to a nominator within 10 business days and publish them on the Internet within 10 business days of the decision. 

27.	In all cases the statutory timeframes for providing the reasons for the Minister’s decision not to include a place in the National Heritage List and publishing them on the Internet have been met.

Outcome:	1. Environment			Question No: 28
Division/Agency:	Heritage Division
Topic:	Heritage – Amending the EPBC Act
Hansard Page ECITA:	Written Question on Notice

Senator Carr asked:
1.	Will the Government be reviewing or amending the EPBC Act in relation to heritage matters?
2.	If so, what is the timetable for that?

Answer/s:
1.	Yes.
2.	The Government has yet to finalise its legislation programme for 2006.