Explanatory Memorandum
(Circulated by authority of the Minister for the Environment and Heritage, The Hon. Dr David Kemp MP)General outline, financial and regulation impact statements
General outline
The objects of this Bill are to:
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- repeal the Australian Heritage Commission Act 1975 and amend the Environment Protection and Biodiversity Conservation Act 1999;
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- provide for matters of a transitional nature arising out of the repeal of the Australian Heritage Commission Act 1975, the associated amendment of the Environment Protection and Biodiversity Conservation Act 1999 and the commencement of the Australian Heritage Council Act 2002;
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- amend Commonwealth legislation that is affected by the repeal of the Australian Heritage Commission Act 1975 or the provisions of the Environment and Heritage Legislation Amendment Bill (No. 2) 2002.
Schedule 1 repeals the Australian Heritage Commission Act 1975, and subsection 9(3) of the Environment Protection and Biodiversity Conservation Act 1999. It also amends other Commonwealth Acts that refer or rely on elements of the Australian Heritage Commission Act 1975.
Schedule 2 deals with transitional mechanisms concerned with business matters, such as the vesting of former Australian Heritage Commission assets and liabilities in the Commonwealth, tax exemptions, and final reporting requirements. It also provides for the making of regulations of a transitional nature.
Financial impact statement
The Australian Heritage Council (Consequential and Transitional Provisions) Act 2002 will not have any significant financial impact on the Commonwealth.
Regulation impact statement
The Australian Heritage Council (Consequential and Transitional Provisions) Bill 2002 provides consequential and transitional arrangements in relation to two other Bills. These are the Environment and Heritage Legislation Amendment Bill (No.1) 2002 and the Australian Heritage Council Bill 2002. A regulation impact statement was included in the Explanatory Memorandum for the Environment and Heritage Legislation Amendment Bill (No.2) 2002. A statement is not necessary for this Bill as it does not set up any regulatory mechanism of its own.