Environment and Heritage Legislation Amendment Act (No. 1) 2003 (Cth)

Environment and Heritage Legislation Amendment Act (No. 1) 2003 Act No. 88 of 2003 as amended This compilation was prepared on 21 February 2007 [This Act was amended by Act No. 165 of 2006] Amendments from Act No. 165 of 2006 [Schedule 1 (item 846) amended Heading to subitem 1A(2) of Schedule 3 Schedule 1 (item 847) amended subitem 1A(2) of Schedule 3 Schedule 1 (items 846 and 847) commenced on 19 February 2007] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments relating to the National Heritage List and Commonwealth Heritage List Environment Protection and Biodiversity Conservation Act 1999 Schedule 2—Amendments relating to the Director of Indigenous Heritage Protection Environment Protection and Biodiversity Conservation Act 1999 Schedule 3—New listings of places in other lists Schedule 4—Other amendments Environment Protection and Biodiversity Conservation Act 1999 An Act to amend legislation relating to the environment, and for related purposes [Assented to 23 September 2003] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Environment and Heritage Legislation Amendment Act (No. 1) 2003. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 23 September 2003 2. Schedule 1 A single day to be fixed by Proclamation, subject to subsection (3) 1 January 2004 (s. 2(1); Gazette 2003, GN47) 3. Schedule 2 The later of: (paragraph (b) applies) (a) immediately after the commencement of the provisions covered by item 2 of this table; and (b) the time when section 9 of the Act that establishes the Director of Indigenous Heritage Protection commences 4. Schedule 3 At the same time as the provisions covered by item 2 of this table 1 January 2004 5. Schedule 4 The day on which this Act receives the Royal Assent 23 September 2003 Note 1: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. Note 2: The Director of Indigenous Heritage Protection is expected to be established by the Aboriginal and Torres Strait Islander Heritage Protection Act, which may be enacted in 2002 or a later year. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. (3) If the provisions covered by item 2 of the table do not commence within the period of 6 months beginning on the latest of the following days: (a) the day on which this Act receives the Royal Assent; (b) the day on which the Australian Heritage Council Act 2002 receives the Royal Assent; (c) the day on which the Australian Heritage Council (Consequential and Transitional Provisions) Act 2002 receives the Royal Assent; they commence on the first day after the end of that period. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments relating to the National Heritage List and Commonwealth Heritage List Environment Protection and Biodiversity Conservation Act 1999 1 After paragraph 3(1)(c) Insert: (ca) to provide for the protection and conservation of heritage; and 2 After paragraph 3(2)(f) Insert: (fa) includes provisions to identify places for inclusion in the National Heritage List and Commonwealth Heritage List and to enhance the protection, conservation and presentation of those places; and 3 Subsection 12(4) Omit "Act", substitute "section". 4 After Subdivision A of Division 1 of Part 3 Insert: Subdivision AA—National Heritage 15B Requirement for approval of activities with a significant impact on a National Heritage place (1) A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (2) A person must not, for the purposes of trade or commerce: (a) between Australia and another country; or (b) between 2 States; or (c) between a State and Territory; or (d) between 2 Territories; take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (3) A person must not take an action in: (a) a Commonwealth area; or (b) a Territory; that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (4) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. Note: For indigenous heritage value, see section 528. (5) A person must not take an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (6) Subsection (5) only applies to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, that subsection may not apply to certain actions because of subsection (8).) (7) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the National Heritage values of a National Heritage place outside the Australian jurisdiction. Civil Penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units. (8) Subsections (1) to (5) (inclusive) and (7) do not apply to an action if: (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency, Commonwealth or person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the constitutional corporation, Commonwealth agency, Commonwealth or person take the action without an approval under Part 9 for the purposes of this section; or (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). 15C Offences relating to National Heritage places (1) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if: (a) the corporation or agency takes an action; and (b) the action results or will result in a significant impact on the National Heritage values of a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) A constitutional corporation, or a Commonwealth agency that does not enjoy the immunities of the Commonwealth, is guilty of an offence if: (a) the corporation or agency takes an action; and (b) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and (c) the corporation or agency is reckless as to the facts in paragraph (b). Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and Territory; or (iv) between 2 Territories; and (c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (4) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken for the purposes of trade or commerce: (i) between Australia and another country; or (ii) between 2 States; or (iii) between a State and Territory; or (iv) between 2 Territories; and (c) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and (d) the person is reckless as to the facts in paragraph (c). Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (5) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and (c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (6) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken in: (i) a Commonwealth area; or (ii) a Territory; and (c) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and (d) the person is reckless as to the facts in paragraph (c). Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (7) A person is guilty of an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place. Note 1: For indigenous heritage value, see section 528. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (8) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is likely to have a significant impact on the National Heritage values, to the extent that they are indigenous heritage values, of a National Heritage place; and (c) the person is reckless as to the facts in paragraph (b). Note 1: For indigenous heritage value, see section 528. Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (9) A person is guilty of an offence if: (a) the person takes an action; and (b) the action results or will result in a significant impact on the National Heritage values of a National Heritage place; and (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (10) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and (c) the National Heritage place is in an area in respect of which Australia has obligations under Article 8 of the Biodiversity Convention; and (d) the person is reckless as to the facts in paragraphs (b) and (c). Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (11) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken outside the Australian jurisdiction; and (c) the action results or will result in a significant impact on the National Heritage values of a National Heritage place; and (d) the place is outside the Australian jurisdiction. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (12) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken outside the Australian jurisdiction; and (c) the action is likely to have a significant impact on the National Heritage values of a National Heritage place; and (d) the person is reckless as to the facts in paragraph (c); and (e) the place is outside the Australian jurisdiction. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (13) An offence against any of subsections (1) to (12) (inclusive) is punishable on conviction by imprisonment for a term not more than 7 years, a fine not more than 420 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495. (14) Subsections (9) and (10) only apply to actions whose prohibition is appropriate and adapted to give effect to Australia's obligations under Article 8 of the Biodiversity Convention. (However, those subsections may not apply to certain actions because of subsection (16).) (15) Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section. Note: Section 5 affects the extra‑territorial operation of this section. (16) Subsections (1) to (12) (inclusive) do not apply to an action if: (a) an approval of the taking of the action by the constitutional corporation, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the constitutional corporation, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. 5 Subsection 26(3) (note) Repeal the note, substitute: Note 1: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528. Note 2: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment. 6 Subsection 27A(6) (note 2) Repeal the note, substitute: Note 2: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place on Commonwealth land, because the heritage values of a place are part of the environment. See the definition of environment in section 528. Note 3: Section 28 regulates actions by the Commonwealth or a Commonwealth agency with a significant impact on the environment. 7 After Subdivision A of Division 2 of Part 3 Insert: Subdivision AA—Protection of Commonwealth Heritage places outside the Australian jurisdiction 27B Requirement for approval of actions with significant impact on Commonwealth Heritage places overseas (1) A person must not take outside the Australian jurisdiction an action that has, will have or is likely to have a significant impact on the environment in a Commonwealth Heritage place outside the Australian jurisdiction. Civil Penalty: (a) for an individual—1,000 penalty units; (b) for a body corporate—10,000 penalty units. (2) Subsection (1) does not apply to an action if: (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: Subdivision F of Division 1 and Subdivision A of this Division protect the environment in Commonwealth Heritage places inside the Australian jurisdiction because those places are in Commonwealth marine areas or on Commonwealth land. 27C Offences relating to Commonwealth Heritage places overseas (1) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken outside the Australian jurisdiction; and (c) the action results or will result in a significant impact on the environment in a Commonwealth Heritage place; and (d) the place is outside the Australian jurisdiction. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) A person is guilty of an offence if: (a) the person takes an action; and (b) the action is taken outside the Australian jurisdiction; and (c) the action is likely to have a significant impact on the environment in a Commonwealth Heritage place; and (d) the person is reckless as to the facts in paragraph (c); and (e) the place is outside the Australian jurisdiction. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not more than 2 years, a fine not more than 120 penalty units, or both. Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body corporate up to 5 times the maximum amount the court could fine a person under this subsection. Note 2: An executive officer of a body corporate convicted of an offence against this section may also be guilty of an offence against section 495. (4) Section 14.1 (standard geographical jurisdiction) of the Criminal Code does not apply to an offence created by this section. Note: Section 5 affects the extra‑territorial operation of this section. (5) Subsections (1) and (2) do not apply to an action if: (a) an approval of the taking of the action by the person is in operation under Part 9 for the purposes of this section; or (b) Part 4 lets the person take the action without an approval under Part 9 for the purposes of this section; or (c) there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or (d) the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process). Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code. 8 Application (1) This item is about the application of: (a) Subdivision AA of Division 1 of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999; and (b) Subdivision AA of Division 2 of that Part. Note: So far as those Subdivisions have effect in relation to places and actions outside the Australian jurisdiction, those Subdivisions apply only to persons with a jurisdictional connection with Australia or the external Territories. See subsection 5(3) of that Act. (2) Neither Subdivision applies to a particular action if, before the commencement of this Schedule, the Minister has decided under section 75 of that Act whether the action is a controlled action (whether the decision was that the action is a controlled action or that the action is not a controlled action). 9 Subsection 28(1) (note) Repeal the note, substitute: Note 1: This section protects (among other things) the Commonwealth Heritage values of a Commonwealth Heritage place from an action taken by the Commonwealth or a Commonwealth agency, because the heritage values of a place are part of the environment. See the definition of environment in section 528. Note 2: This section does not apply to decisions to authorise activities. See Subdivision A of Division 1 of Part 23. 10 At the end of Division 2 of Part 3 Add: Subdivision C—Actions that are taken to be covered by this Division 28AA Actions that are taken to be covered by this Division (1) The regulations may provide that a specified action is taken to be an action to which a specified regulatory provision applies. Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901. (2) To avoid doubt, if, as a result of a regulation made for the purposes of subsection (1), a regulatory provision applies to an action, the action is taken to be described in the provision. (3) In this section: regulatory provision means: (a) a civil penalty provision set out in this Division; or (b) a provision of this Division that creates an offence. 11 Section 34 (after table item 1A) Insert: 1B section 15B the National Heritage values of a National Heritage place 1C section 15C the National Heritage values of a National Heritage place 12 Section 34 (after table item 16B) Insert: 16C section 27B the environment in a Commonwealth Heritage place outside the Australian jurisdiction 16D subsections 27C(1) and (2) the environment in a Commonwealth Heritage place outside the Australian jurisdiction 13 After section 34B Insert: 34BA Declarations relating to National Heritage places (1) The Minister may make a declaration under section 33 relating to a National Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and (b) the declaration meets the requirements (if any) prescribed by the regulations. (2) The Minister may accredit a management plan under section 33 for the purposes of such a declaration only if he or she is satisfied that the management plan will promote the management of the place concerned in accordance with the National Heritage management principles. 14 At the end of Subdivision C of Division 2 of Part 4 Add: 34F Declarations relating to Commonwealth Heritage places (1) The Minister may make a declaration under section 33 relating to a Commonwealth Heritage place only if: (a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the Commonwealth Heritage management principles; and (b) the declaration meets the requirements (if any) prescribed by the regulations. (2) The Minister may accredit a management plan under section 33 for the purposes of such a declaration only if he or she is satisfied that the management plan will promote the management of the place concerned in accordance with the Commonwealth Heritage management principles. 15 After section 51 Insert: 51A Agreements relating to National Heritage places (1) The Minister may enter into a bilateral agreement containing a provision relating to a National Heritage place only if: (a) the Minister is satisfied that the agreement will promote the management of the place in accordance with the National Heritage management principles; and (b) the provision meets the requirements (if any) prescribed by the regulations. (2) The Minister may accredit a management plan under section 46 for the purposes of such a bilateral agreement only if he or she is satisfied that the plan will promote the management of the place concerned in accordance with the National Heritage management principles. 16 After subsection 74(1) Insert: Inviting comments from ATSIC (1A) As soon as practicable after receiving a referral of a proposal to take an action, the Environment Minister must: (a) inform the Aboriginal and Torres Strait Islander Commission; and (b) invite the Commission to give the Minister comments within 10 business days (measured in Canberra) on whether the proposed action is a controlled action; if the Minister thinks that section 15B, 15C, 23, 24A, 26, 27A, 27B, 27C or 28 could be a controlling provision for the action because of the indigenous heritage value of a National Heritage place or Commonwealth Heritage place. Note 1: Subsections 15B(4) and subsections 15C(7) and (8) protect the National Heritage values of National Heritage places, to the extent that those values are indigenous heritage values. Note 2: Sections 23, 24A, 26, 27A, 27B, 27C and 28 protect the environment, which includes the heritage values of places. See the definition of environment in section 528. 17 Subsection 84(3A) Omit "34C, 34D and 34E", substitute "34BA, 34C, 34D, 34E and 34F". 18 After section 137 Insert: 137A Requirements for decisions about National Heritage places In deciding whether or not to approve for the purposes of section 15B or 15C the taking of an action, and what conditions to attach to such an approval, the Minister must not act inconsistently with: (a) the National Heritage management principles; or (b) an agreement to which the Commonwealth is party in relation to a National Heritage place; or (c) a plan that has been prepared for the management of a National Heritage place under section 324S or as described in section 324X. 19 Chapter 5 (heading) Repeal the heading, substitute: Chapter 5—Conservation of biodiversity and heritage 20 After paragraph 176(4)(b) Insert: (ba) heritage values of places; 21 Paragraph 304(a) Repeal the paragraph, substitute: (a) conservation agreements between the Commonwealth and persons related to the protection and conservation of the following: (i) biodiversity; (ii) the world heritage values of declared World Heritage properties; (iii) the National Heritage values of National Heritage places; (iv) the Commonwealth Heritage values of Commonwealth Heritage places; and 22 Section 304 After "biodiversity" (last occurring), insert ", those heritage values or both of those things". 23 Subsections 305(1) to (3) Repeal the subsections, substitute: (1) The Minister may, on behalf of the Commonwealth, enter into an agreement (a conservation agreement) with a person for the protection and conservation of all or any of the following: (a) biodiversity in the Australian jurisdiction; (b) the world heritage values of a declared World Heritage property in the Australian jurisdiction; (c) the National Heritage values of a National Heritage place (whether inside or outside the Australian jurisdiction); (d) the Commonwealth Heritage values of a Commonwealth Heritage place (whether inside or outside the Australian jurisdiction). (1A) The protection and conservation of the matters in subsection (1) include all or any of the following: (a) the protection, conservation and management of any listed species or ecological communities, or their habitats; (b) the management of things in a way necessary for the protection and conservation of: (i) the world heritage values of a declared World Heritage property; or (ii) the National Heritage values of a National Heritage place; or (iii) the Commonwealth Heritage values of a Commonwealth Heritage place; (c) the abatement of processes, and the mitigation or avoidance of actions, that might adversely affect: (i) biodiversity; or (ii) the world heritage values of a declared World Heritage property; or (iii) the National Heritage values of a National Heritage place; or (iv) the Commonwealth Heritage values of a Commonwealth Heritage place. Note: When the Minister is considering entering into a conservation agreement, the Minister must take into account any responsibilities of other Commonwealth Ministers that may be affected by the agreement. (2) However, the Minister must not enter into a conservation agreement unless satisfied that: (a) in the case of a proposed agreement wholly or partly for the protection and conservation of biodiversity—the agreement: (i) will result in a net benefit to the conservation of biodiversity; and (ii) is not inconsistent with a recovery plan, threat abatement plan or wildlife conservation plan; and (b) in the case of a proposed agreement wholly or partly for the protection and conservation of heritage values—the agreement: (i) will result in a net benefit to the conservation of those heritage values; and (ii) is not inconsistent with at least one of the Australian World Heritage management principles, the National Heritage management principles and the Commonwealth Heritage management principles. (3) For the purposes of subsection (2), in deciding whether a proposed agreement will result in a net benefit to the conservation of biodiversity or heritage values, the Minister must have regard to the matters (if any) prescribed by the regulations. 24 Saving of agreements The amendment of section 305 of the Environment Protection and Biodiversity Conservation Act 1999 by this Schedule does not affect the validity of a conservation agreement made before the commencement of this Schedule. 25 Saving of matters prescribed by the regulations Matters prescribed for the purposes of section 305 of the Environment Protection and Biodiversity Conservation Act 1999 immediately before the commencement of this Schedule are taken to be, immediately after the commencement of this Schedule, matters prescribed for the purposes of that section as amended by this Schedule. 26 Subsection 305(6) After "agreement", insert "that is wholly or partly for the protection and conservation of biodiversity". 27 Paragraphs 306(1)(a) and (b) Repeal the paragraphs, substitute: (a) activities that promote the protection and conservation of all or any of the following: (i) biodiversity; (ii) the world heritage values of a declared World Heritage property; (iii) the National Heritage values of a National Heritage place; (iv) the Commonwealth Heritage values of a Commonwealth Heritage pl