{"id":"a-2004-57","name":"Heritage Act 2004","slug":"heritage-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"57 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23720,"registerId":"act-a-2004-57-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Heritage Act 2004.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe main objects of this Act are as follows:\n(a) to establish a system for the recognition, registration and\nconservation of the following:\n(i) places and objects that have natural heritage significance;\n(ii) places and objects that have cultural heritage significance;\n(iii) Aboriginal places and objects;\n(b) to establish the heritage council;\n(c) to provide for heritage agreements to encourage the\nconservation of heritage places and objects;\n(d) to establish enforcement and offence provisions to provide\ngreater protection for heritage places and objects;\n(e) to provide a system integrated with land planning and\ndevelopment to consider development applications having\nregard to the heritage significance of places and heritage\nguidelines.\n","sortOrder":1},{"sectionNumber":"3A","sectionType":"section","heading":"Exercise of functions under Act","content":"3A Exercise of functions under Act\n(1) A function under this Act must be exercised in a way that, as far as\npracticable, achieves the following:\n(a) the conservation of—\n(i) places and objects with heritage significance; and\n(ii) Aboriginal places and objects;\n\nPreliminary Part 1\n(b) the maximisation of the community’s ability to benefit from the\nplaces and objects, without adversely affecting—\n(i) the ongoing conservation of the places and objects; and\n(ii) any thing that forms an important part of the heritage\nsignificance of the place or thing.\n(2) However, if the exercise of a function would result in harm to a place\nor object with heritage significance, or an Aboriginal place or object,\nthe function may be exercised only if the entity or person exercising\nthe function—\n(a) is satisfied that it is not reasonably practicable to exercise the\nfunction in a way that avoids the harm; and\n(b) identifies all reasonable steps that must be taken to minimise the\nextent of the harm.\n","sortOrder":2},{"sectionNumber":"3B","sectionType":"section","heading":"Registration of urban tree","content":"3B Registration of urban tree\n(a) an urban tree forms part of a place; and\n(b) the council decides to register the place.\n(2) The council may also register the tree.\n(3) To remove any doubt, an urban tree must not be registered under this\nAct unless the tree forms part of a place that is registered.\nurban forest—see the Urban Forest Act 2023, section 7.\nurban tree means a tree in the urban forest.\nNote In addition to the protections under this Act, the Urban Forest Act 2023\nalso protects trees of heritage significance, including Aboriginal cultural\ntrees, in the urban forest (see that Act, pt 3 and pt 4).\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘Aboriginal place—see section 9.’\nmeans that the term ‘Aboriginal place’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to Emergencies Act 2004","content":"7 Application of Act to Emergencies Act 2004\n(1) This Act does not apply to the exercise or purported exercise by a\nrelevant person of a function under the Emergencies Act 2004 for the\npurpose of—\n(a) protecting life or property; or\n(b) controlling, extinguishing or preventing the spread of a fire.\nemergency controller—see the Emergencies Act 2004, dictionary.\nrelevant person means—\n(a) an emergency controller; or\n(b) a member of the ambulance service; or\n(c) a member of the fire and rescue service; or\n(d) a member of the rural fire service; or\n(e) a member of the SES; or\n(f) any other person under the control of—\n(i) an emergency controller; or\n(ii) the chief officer (ambulance service); or\n(iii) the chief officer (fire and rescue service); or\n(iv) the chief officer (rural fire service); or\n(v) the chief officer (SES); or\n(g) a police officer.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of object and place","content":"8 Meaning of object and place\nIn this Act:\nobject means a natural or manufactured object, but does not include a\nbuilding or any other man-made structure.\nplace includes the following:\n(a) a site, precinct or parcel of land;\n(b) a building or structure, or part of a building or structure;\n(c) the curtilage, or setting, of a building or structure, or part of a\nbuilding or structure;\n(d) an object or feature historically associated with, and located at,\nthe place.\nExamples—things that site or parcel of land includes\n• landforms\n• plantings\n• animal habitats\nExamples—object or feature historically associated with, and located at, a\nplace\n• furniture\n• fittings\n• view to or from the place, including visible landscapes\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of Aboriginal object and Aboriginal place","content":"9 Meaning of Aboriginal object and Aboriginal place\nAboriginal object means an object associated with Aboriginal people\nbecause of Aboriginal tradition.\nAboriginal place means a place associated with Aboriginal people\nbecause of Aboriginal tradition.\nAboriginal tradition means the customs, rituals, institutions, beliefs\nor general way of life of Aboriginal people.\nNote Words in the singular number include the plural (see Legislation Act,\ns 145 (b)).\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of heritage significance","content":"10 Meaning of heritage significance\nA place or object has heritage significance if the place or object\nmeets 1 or more of the following criteria (the heritage significance\ncriteria):\n(a) importance to the course or pattern of the ACT’s cultural or\nnatural history;\n(b) has uncommon, rare or endangered aspects of the ACT’s\ncultural or natural history;\n(c) potential to yield important information that will contribute to\nan understanding of the ACT’s cultural or natural history;\n(d) importance in demonstrating the principal characteristics of a\nclass of cultural or natural places or objects;\n(e) importance in exhibiting particular aesthetic characteristics\nvalued by the ACT community or a cultural group in the ACT;\n(f) importance in demonstrating a high degree of creative or\ntechnical achievement for a particular period;\n\n(g) has a strong or special association with the ACT community, or\na cultural group in the ACT for social, cultural or spiritual\nreasons;\nExample\na place or object that has a strong or special association for Aboriginal people\nin the ACT because it is part of their continuing or developing cultural\ntradition\n(h) has a special association with the life or work of a person, or\npeople, important to the history of the ACT.\n","sortOrder":10},{"sectionNumber":"10A","sectionType":"section","heading":"Meaning of natural heritage significance","content":"10A Meaning of natural heritage significance\n(1) For this Act, a place or object has natural heritage significance if\nit—\n(a) forms part of the natural environment; and\n(b) has heritage significance primarily because of the scientific\nvalue of its biodiversity, geology, landform or other naturally\noccurring elements.\nnatural environment means the native flora, native fauna, geological\nformations or any other naturally occurring element at a particular\nlocation.\n","sortOrder":11},{"sectionNumber":"10B","sectionType":"section","heading":"Meaning of cultural heritage significance","content":"10B Meaning of cultural heritage significance\nA place or object has cultural heritage significance if it—\n(a) is—\n(i) created or modified by human action; or\n(ii) associated with human activity or a human event; and\n(b) has heritage significance.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of registered","content":"11 Meaning of registered\nA place or object is registered if it is—\n(a) provisionally registered under division 6.1; or\n(b) registered under division 6.2.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of registration details","content":"12 Meaning of registration details\nThe registration details for a registered place or object are as follows:\n(a) its name;\n(b) its location or address;\n(c) a description of it, including (if relevant) its extent or boundary;\n(d) a statement about its heritage significance, including the reasons\nfor the registration and an assessment of the place or object\nagainst the heritage significance criteria;\n(e) whether it is registered or provisionally registered;\n(f) the date it was registered or provisionally registered;\n(g) if it is provisionally registered—the period of provisional\nregistration.\nNote The registration details for a place or object may be cancelled under s 48\n(Cancellation of registration of place or object).\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of interested person","content":"13 Meaning of interested person\ninterested person means the following:\n(a) for a place or object on territory land—the territory planning\nauthority;\n(b) for a place or object that affects the conservation of flora or\nfauna—the conservator;\n\n(c) for a place or object the council considers may be relevant to the\nCommonwealth—the national capital authority;\n(d) for a place—the following:\n(i) the owner of the place;\n(ii) the occupier of the place;\n(iii) the lessee or sublessee of the place;\n(iv) the architect or designer of a building, structure or\nlandscape at the place;\n(v) any person who made a nomination application for the\nplace;\n(vi) any person who made an urgent provisional registration\napplication for the place;\n(vii) any person who made a cancellation proposal for the place;\n(viii) any person who made a register amendment application for\nthe place;\n(e) for an object—the following:\n(i) the owner of the object;\n(ii) the person in possession of the object;\n(iii) the designer of the object;\n(iv) if the object is an artwork—the artist who created the\n(v) any person who made a nomination application for the\n(vi) any person who made an urgent provisional registration\napplication for the object;\n(vii) any person who made a cancellation proposal for the\n\n(viii) any person who made a register amendment application for\nthe object;\n(f) for a place or object that is also an Aboriginal place or\nAboriginal object—the following:\n(i) for an Aboriginal place—a person (or entity) mentioned in\nparagraphs (a) to (d);\n(ii) for an Aboriginal object—a person (or entity) mentioned\nin paragraphs (a) to (c), and paragraph (e);\n(iii) a representative Aboriginal organisation;\n(iv) if the discovery of the place or object was reported under\nsection 51—the person who reported the discovery;\n(g) for a decision under section 40 (Decision about registration)—\nanyone who made comments, in writing, to the council about the\ndecision before the end of the public consultation period for the\ndecision;\n(h) for a decision under section 49 (Decision about cancellation\nproposal)—anyone who made comments, in writing, to the\ncouncil about the decision before the end of the public\nconsultation period for the decision.\n(2) However, a person is an interested person for part 17 (Notification\nand review of decisions) only if the person is 1 of the following:\n(a) for a decision under section 40 (Decision about registration)—\nthe following:\n(i) a person mentioned in subsection (1) (g);\nsubsection (1) (d) (i) to (iii);\nsubsection (1) (e) (i) and (ii);\n\n(b) for a decision under section 49 (Decision about cancellation\nproposal)—the following:\n(i) a person mentioned in subsection (1) (h);\nsubsection (1) (d) (i) to (iii);\nsubsection (1) (e) (i) and (ii);\n(c) for a decision under section 56 (Approval to publish restricted\ninformation)—the applicant for approval;\n(d) for a decision under section 62 (Heritage direction by council)—\nthe person to whom the direction is given;\n(e) for a decision under section 67A (Repair damage direction by\ncouncil)—the following:\n(i) the person to whom the direction is given;\nsubsection (1) (d) (i);\nsubsection (1) (e) (i);\n(f) for a decision under section 67B (Extension of repair damage\ndirection)—the person who applied for the extension;\n(g) for a decision under section 95 (Information discovery order)—\nthe person to whom the order is given.\nNote An interested person for a reviewable decision is entitled to—\n(a) be given a reviewable decision notice (see s 113); and\n(b) apply to the ACAT for a review of the decision (see s 114).\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of representative Aboriginal organisation","content":"14 Meaning of representative Aboriginal organisation\nrepresentative Aboriginal organisation means an entity declared\nunder subsection (8).\n(2) Before declaring criteria under subsection (3), the Minister must\nconsult—\n(a) Aboriginal people whom the Minister is satisfied have a\ntraditional affiliation with land; and\n(b) the council.\n(3) The Minister may declare criteria for deciding whether an entity\nshould be declared to be a representative Aboriginal organisation.\n(4) A declaration under subsection (3) is a disallowable instrument.\n(5) For this section, the Minister must invite expressions of interest from\nentities willing to be declared under subsection (8).\n(6) The notice under subsection (5) is a notifiable instrument.\n(7) The Minister must give additional public notice of the notice under\nsubsection (5).\nrequirement in s (7) is in addition to the requirement for notification on\n(8) The Minister may declare an entity to be a representative Aboriginal\norganisation.\n(9) However, the Minister may make a declaration under subsection (8)\nonly if satisfied that the entity satisfies the criteria (if any) declared\nunder subsection (3).\n(10) A declaration under subsection (8) is a notifiable instrument.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Establishment of heritage council","content":"16 Establishment of heritage council\nThe Australian Capital Territory Heritage Council is established.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Members of council","content":"17 Members of council\n(1) The members of the council are as follows:\n(a) the conservator of flora and fauna;\n(b) the chief planner;\n(c) 4 people appointed by the Minister as public representatives (see\nsubsection (3));\n(d) 6 people appointed by the Minister as experts (see\nsubsection (4)).\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The Minister must appoint a chairperson and deputy\nchairperson of the council from the members appointed under\nsubsection (1) (c) and (d).\n(3) For subsection (1) (c), the Minister must appoint the following public\nrepresentatives who, in the Minister’s opinion, adequately represent\nthe group for which they are appointed:\n(a) 1 public representative from the community;\n(b) 2 public representatives from the Aboriginal community;\n(c) 1 public representative from the property ownership,\nmanagement and development sector.\n\nHeritage council Part 3\n(4) Each expert must, in the Minister’s opinion, adequately represent 1 or\nmore of the following disciplines:\n(a) Aboriginal culture;\n(b) Aboriginal history;\n(c) archaeology;\n(d) architecture;\n(e) engineering;\n(f) history, other than Aboriginal history;\n(g) landscape architecture;\n(h) nature conservation;\n(i) object conservation;\n(j) town planning;\n(k) urban design;\n(l) any other discipline if, in the Minister’s opinion, a person\nrepresenting the discipline would have knowledge, skills or\nexperience beneficial to, or necessary for, the exercise of the\ncouncil’s functions.\n(5) However, only 1 expert may represent the discipline mentioned in\nsubsection (4) (l) without representing any other discipline.\n(6) A person may be appointed under subsection (1) (c) or (d) for no\nlonger than 3 years.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Functions of council","content":"18 Functions of council\nThe council has the following functions:\n(a) to identify, assess, conserve and promote places and objects in\nthe ACT with natural and cultural heritage significance;\n(b) to encourage the registration of heritage places and objects;\n\n(c) to work within the land planning system to achieve appropriate\nconservation of the ACT’s natural and cultural heritage places\nand objects, including Aboriginal places and objects;\n(d) to advise the Minister about issues affecting the management\nand promotion of heritage;\n(e) to encourage and assist in appropriate management of heritage\nplaces and objects;\n(f) to encourage public interest in, and understanding of, issues\nrelevant to the conservation of heritage places and objects;\n(g) to encourage and provide public education about heritage places\nand objects;\n(h) to assist in the promotion of tourism in relation to heritage places\nand objects;\n(i) to keep adequate records, and encourage others to keep adequate\nrecords, in relation to heritage places and objects;\n(j) any other function given to it under this Act or another territory\nlaw.\nExamples—other council functions\n1 making recommendations and submissions to the territory planning authority\nabout draft major plan amendments (see Planning Act 2023, s 62 (d))\n2 giving advice to the territory planning authority about development\napplications (see Planning Act 2023, div 7.5.3, s 186 (i), s 189 and s 190)\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity the powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and\nfunction).\n\nHeritage council Part 3\n","sortOrder":19},{"sectionNumber":"18A","sectionType":"section","heading":"Ministerial statement of priorities","content":"18A Ministerial statement of priorities\n(1) The Minister may make a statement setting out the government’s\npriorities in relation to heritage in the ACT (a statement of priorities).\n(2) The Minister must consult the council before making a statement of\npriorities.\n(3) The statement of priorities—\n(a) must include information about how the council must or may\nreport about the action taken by the council to respond to the\nstatement of priorities; and\n(b) may include any information the Minister believes will assist the\ncouncil in responding to the statement of priorities; but\n(c) must not include a direction about the way in which a function\nof the council is exercised.\n(4) The Minister must give the statement of priorities to the council.\n(5) A statement of priorities is a notifiable instrument.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Procedures of council","content":"19 Procedures of council\n(1) The regulations may prescribe the procedures of the council,\nincluding its decision-making procedures.\n(2) However, the conservator of flora and fauna and the chief planner are\nnot eligible to vote on questions being decided by the council.\nExamples of what regulations may prescribe\n1 the number of members required to be at meetings of the council\n2 what happens when votes are tied at meetings of the council\n3 who is to preside at meetings of the council\n\n","sortOrder":21},{"sectionNumber":"19A","sectionType":"section","heading":"Council must consult scientific committee on matters","content":"19A Council must consult scientific committee on matters\naffecting natural heritage significance\nThe council must—\n(a) consult the scientific committee before making any decision that\nmay affect a place or object that has natural heritage\nsignificance; and\n(b) tell the scientific committee about the decision the council\nmakes.\n\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Establishment of heritage register","content":"20 Establishment of heritage register\n(1) The council must keep a register of heritage places and heritage\nobjects (the heritage register).\n(2) The heritage register must include the registration details for each\nregistered place or object.\n(3) For each place or object nominated for provisional registration, the\nheritage register must include the following:\n(a) details of the place or object;\n(b) the date the nomination application was given to the council; and\n(c) if an application for an urgent decision on the nomination\napplication has been made under section 30—\n(i) a statement to that effect; and\n(ii) the date the application was given to the council.\n(4) In addition, the heritage register must include the following:\n(a) each heritage guideline;\n(b) each heritage direction;\n(c) each repair damage direction;\n(d) each heritage agreement;\n(e) each enforcement order.\n(5) The heritage register may also include any other material the council\nconsiders appropriate.\n\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Public access to heritage register","content":"21 Public access to heritage register\n(1) The council may—\n(a) approve an internet site for this Act; and\n(b) publish a copy of the register (other than restricted information)\non the internet site.\n(2) An instrument under subsection (1) (a) is a notifiable instrument.\n(3) A person may inspect the heritage register during ordinary office\nhours at a place named under subsection (4).\n(4) The council must name a place where the register may be inspected.\n(5) An instrument under subsection (4) is a notifiable instrument.\n(6) On application, the council must give a person a copy of all, or any\npart, of the heritage register.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Restricted information on heritage register","content":"22 Restricted information on heritage register\n(1) This section applies if the registration details for a place or object\ninclude restricted information.\n(2) The council must include a statement in the register about the effect\nof subsections (3) and (4).\n(3) The restricted information must not be disclosed under section 21,\nexcept in accordance with subsection (4).\n(4) The restricted information may be made available for inspection or\ncopying only if approved under section 56 (Approval to publish\nrestricted information).\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Judicial notice of matters on heritage register","content":"23 Judicial notice of matters on heritage register\n(1) Proof is not required about a matter mentioned in section 20 (2) to (4)\nif the matter is published on the internet site approved under\nsection 21.\n\n(2) A court or tribunal may inform itself about the matter by examining\nthe approved internet site.\nNote Section 21 provides for the council to approve an internet site by a\nnotifiable instrument under the Legislation Act.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Heritage register corrections and changes","content":"24 Heritage register corrections and changes\n(1) The council may, on application or its own initiative, correct a\nmistake or omission in the heritage register subject to any\nrequirements prescribed by regulation.\n(2) The council may, on application or its own initiative, change a\nregistration detail included in the heritage register only if—\n(a) for a change to a registration detail mentioned in section 12 (a),\n(c) or (d) for a place registered under division 6.2—the council\nmakes a further heritage decision that changes the detail; or\n(b) in any other case—the council is satisfied that the change is in\nthe interests of maintaining up-to-date, comprehensive and\naccurate information in the register.\n(3) An application (a register amendment application) must—\n(b) briefly state the proposed correction or change to the register;\nand\n(c) be given to the council; and\n(d) include the following information about the place or object to\nwhich the correction or change relates:\n(iii) a statement by the applicant about the reasons for the\nproposed correction or change.\n\n(4) As soon as practicable after receiving a register amendment\napplication, the council must assess the merit of the application\nreceived and—\n(a) dismiss the application if—\n(i) the council is satisfied on reasonable grounds that the\napplication is frivolous, vexatious, misconceived, lacking\nin substance or not made honestly; or\n(ii) the council has previously decided not to correct or change\nthe register in the way proposed in the application, and is\nsatisfied that the application shows no substantial new\nreasons for correction or change; or\n(b) if the application is not dismissed under paragraph (a)—accept\nthe application and exercise the council’s functions under this\n(5) The council must—\n(a) if the council dismisses a register amendment application—give\nthe person who made the application written notice of the\ndismissal and reasons for the dismissal as far as practicable\nwithin 15 working days after the dismissal; and\n(b) if the council accepts a register amendment application—tell\neach interested person about the decision as far as practicable\nwithin 15 working days after the day the decision is made.\nchange, of a registration detail, includes add extra information to the\ndetail.\n\n","sortOrder":27},{"sectionNumber":"24A","sectionType":"section","heading":"Effect of further registration decision about registered","content":"24A Effect of further registration decision about registered\nplace or object\n(1) If the council makes a registration decision about a place or object\nthat is already registered (a further decision), the further decision—\n(a) does not affect the operation of the registration for the place or\nobject as in force before the further decision is notified; and\n(b) if the further decision is a decision under section 40—amends\nthe place or object’s registration details to include the further\nregistration decision means a decision under—\n(a) section 32 (Decision about provisional registration); or\n(b) section 40 (Decision about registration).\n\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Guidelines about conserving heritage significance","content":"25 Guidelines about conserving heritage significance\n(1) The council may make guidelines (heritage guidelines) in relation to\nthe conservation of the following:\n(a) a place or object registered under division 6.2;\n(b) an Aboriginal place or Aboriginal object.\nExamples of matters about which guidelines may be made\n1 demolition of registered structures\n2 alterations and additions to registered buildings\n3 residential heritage precincts\n4 rural heritage places\n5 new buildings in heritage precincts\n6 Aboriginal heritage places and objects\n7 working with heritage places\n8 developing heritage places\n9 when, and when not, to undertake a development affecting the heritage\nsignificance of a place\n(2) However, the council may make heritage guidelines only—\n(a) if the Minister has given the council a direction under\nsection 26C—after the council complies with the Minister’s\ndirection; and\n(b) if satisfied on reasonable grounds that making the guidelines\npromotes the effective conservation of—\n(i) places or objects that have heritage significance; or\n(ii) Aboriginal places or Aboriginal objects.\n(3) A guideline is a disallowable instrument.\n\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Public consultation about heritage guidelines","content":"26 Public consultation about heritage guidelines\n(1) Before making heritage guidelines, the council must prepare a written\nnotice (a consultation notice) about the proposed guidelines.\n(2) The council must, as soon as practicable, give additional public notice\nof the consultation notice.\nrequirement in s (2) is in addition to the requirement for notification on\n(3) The consultation notice must include the following:\n(a) a statement about the effect of the proposed guidelines and the\nplaces or objects to which the guidelines would apply;\n(b) details of how to obtain further information about the proposed\nguidelines;\n(c) an invitation to make comments, in writing, about the proposed\nguidelines to the council within 4 weeks after the day the notice\nis notified under the Legislation Act (the public consultation\nperiod).\n(4) The council may give public notice to extend the consultation period\n(an extension notice).\nNote 2 The council may extend the consultation period after it has ended (see\nLegislation Act, s 151C).\n(5) If the proposed guidelines relate to an Aboriginal place or object, the\ncouncil must give a copy of the consultation notice to each\nrepresentative Aboriginal organisation in relation to the proposed\nguidelines.\nNote Section 14 defines representative Aboriginal organisation.\n\n(6) In making heritage guidelines, the council—\n(a) must consider any written comments about the proposed\nguidelines made to the council before the end of the public\nconsultation period; and\n(b) may consider any written comments about the guidelines made\nto the council after the end of the consultation period.\n(7) The following are notifiable instruments:\n(a) the consultation notice;\n(b) any extension notice.\n","sortOrder":30},{"sectionNumber":"26A","sectionType":"section","heading":"Period for making heritage guidelines","content":"26A Period for making heritage guidelines\n(1) Heritage guidelines must—\n(a) be made within—\n(i) if the guidelines are for a place or object (other than a place\nor object that forms part of a precinct)—5 months after the\nday the consultation notice for the guidelines is notified\nunder the Legislation Act, unless the period is extended\nunder this section; or\n(ii) if the guidelines are for a precinct—9 months after the day\nthe consultation notice for the guidelines is notified under\nthe Legislation Act, unless the period is extended under\nthis section; and\n(b) not be made before the precinct, place or object is registered\nunder division 6.2.\n(2) However, this section does not apply to heritage guidelines for an\nAboriginal place or an Aboriginal object.\n\n(3) A period mentioned in subsection (1) (the initial period) is extended\nfor an additional period (an extension) if any of the following apply:\n(a) the guidelines are for a precinct, place or object that is\nprovisionally registered, and the period of its provisional\nregistration is extended under section 35 (Period of provisional\nregistration);\n(b) the—\n(i) council is satisfied that making the guidelines requires\nconsideration of complex issues that cannot be\nsatisfactorily examined before the end of the initial period;\nand\n(ii) council, at least 25 working days before the end of the\ninitial period, takes reasonable steps to tell each interested\nperson for the place or object that the council seeks an\nextension of time to make the guidelines; and\n(iii) council, at least 25 working days before the end of the\ninitial period, gives the Minister written notice\n(an extension notice) stating—\n(A) that the council seeks an extension of time to make\nthe guidelines; and\n(B) the reasons for the extension; and\n(iv) Minister does not, within 10 working days after receiving\nan extension notice, tell the council in writing that the\nextension notice is opposed;\n(c) the Minister gives the council a direction under section 26C.\n\n(4) An extension is—\n(a) if subsection (3) (a) applies—the period of extended provisional\nregistration; or\n(b) if subsection (3) (b) applies—3 months beginning on the day\nafter the end of the initial period; or\n(c) if subsection (3) (c) applies—3 months beginning on the day\nafter the end of the initial period; or\n(d) if subsection (3) (a) and (b) apply—the period in paragraph (a)\nonly; or\n(e) if subsection (3) (a) and (c) apply—the period in paragraph (a)\nplus the period in paragraph (c); or\n(f) if subsection (3) (b) and (c) apply—the period in paragraph (b)\nplus the period in paragraph (c); or\n(g) if subsection (3) (a), (b) and (c) apply—the period in\nparagraph (a) plus the period in paragraph (c).\n(5) An extension notice that is not opposed by the Minister—\ndays of the last day on which the Minister could have opposed\nthe extension notice.\n(6) The council must, as soon as practicable, give additional public notice\nof the extension notice under subsection (5).\nrequirement in s (6) is in addition to the requirement for notification on\n(7) If the council has not made the guidelines by the end of the period\nallowed under this section—\n(a) the proposal for the guidelines lapses; and\n\n(b) if the council wishes to make the guidelines—the council must\ncomply with the requirements under section 26 (Public\nconsultation about heritage guidelines) again.\n","sortOrder":31},{"sectionNumber":"26B","sectionType":"section","heading":"Report to Minister about public consultation on heritage","content":"26B Report to Minister about public consultation on heritage\nguidelines\nin relation to heritage guidelines, the council must give the Minister\na written report that—\n(a) identifies the guidelines the council proposes to make; and\n(b) gives the council’s view about the need for the proposed\nguidelines; and\n(c) identifies any issues raised in written comments made to the\ncouncil before the end of the public consultation period; and\n(e) identifies any other change the council proposes to make to the\nguidelines taking into account the issues raised in the written\ncomments.\n","sortOrder":32},{"sectionNumber":"26C","sectionType":"section","heading":"Minister may require further consideration by council on","content":"26C Minister may require further consideration by council on\nheritage guidelines\n(1) The Minister may direct the council to give further consideration to—\n(a) issues raised in, or arising from, its report to the Minister under\nsection 26B; or\n(b) any other matter the Minister considers—\n(i) relevant to the proposed guidelines; and\n(ii) related to the functions of the council.\n\n","sortOrder":33},{"sectionNumber":"26D","sectionType":"section","heading":"Heritage guidelines revocation","content":"26D Heritage guidelines revocation\nThe heritage guidelines for a particular place or object are revoked if\nthe place or object ceases to be registered.\n","sortOrder":34},{"sectionNumber":"26E","sectionType":"section","heading":"Notification about heritage guidelines","content":"26E Notification about heritage guidelines\nThe council must, as far as practicable, give each interested person\nfor a place or object written notice about the following:\n(a) proposed heritage guidelines for the place or object;\n(b) notification of the guidelines;\n(c) revocation of the guidelines.\nNote If a provision of a law requires something to be done but does not provide\na time for doing the thing, the thing must or may be done as soon as\npossible and as often as needed (see Legislation Act, s 151B).\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Application of heritage guidelines","content":"27 Application of heritage guidelines\n(1) A function under this Act that relates, directly or indirectly, to the\nconservation of a place or object must be exercised in accordance\nwith any applicable heritage guidelines.\n(2) Subsection (1) applies, in particular, to the following functions:\n(a) the giving of advice to the territory planning authority under\nsection 60 (Advice about effect of development on heritage\nsignificance), particularly in relation to ways of avoiding or\nminimising the effect of a development on the heritage\nsignificance of a place or object;\n(b) the giving of a heritage direction;\n(c) the giving of a repair damage direction;\n(d) the making of a heritage order;\n(e) the making of a heritage agreement.\n\n","sortOrder":36},{"sectionNumber":"Part 6","sectionType":"part","heading":"Registration of places and","content":"Part 6 Registration of places and\nobjects\n","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Application for provisional registration of place or","content":"28 Application for provisional registration of place or\nobject—nomination application\n(1) A person may make an application (a nomination application)\nrequesting that the council provisionally register a place or object\nunder section 33.\n(2) A nomination application must—\n(c) include the following details about the place or object to which\nthe nomination relates:\n(iii) a statement by the applicant about why the place or object\nhas heritage significance.\n(3) The council may reject a nomination application if it is not made in\naccordance with subsection (2).\nNote If particular information is to be included in the form for a nomination\napplication, or a particular document must be attached to or given with\nthe form, the form is properly completed only if the requirement is\ncomplied with (see Legislation Act, s 255 (5)).\n\n","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Decision about nomination application","content":"29 Decision about nomination application\n(1) This section applies if the council—\n(a) receives a nomination application; and\n(b) does not reject it under section 28 (3).\n(2) The council must, as soon as practicable—\n(a) assess the merit of the nomination application; and\n(i) dismiss the application; or\n(ii) accept the application and consider whether to\nprovisionally register the place or object the subject of the\napplication under section 32.\n(3) The council must dismiss the nomination application if—\n(a) the council is satisfied on reasonable grounds that the\napplication is frivolous, vexatious, misconceived, lacking in\nsubstance or not made honestly; or\n(b) the council believes on reasonable grounds that accepting the\napplication is unlikely to result in registration of the place or\nobject; or\n(c) the council—\n(i) knows, or believes on reasonable grounds, the application\ncontains incorrect, insufficient or outdated information\nabout the place or object the subject of the application; and\n(ii) is satisfied on reasonable grounds that, because of the\nincorrect, insufficient or outdated information, accepting\nthe application is unlikely to result in registration of the\nplace or object; or\n\n(d) after the application is made—\n(i) something happens to the place or object the subject of the\napplication that changes any of the details about the place\nor object provided in the application; and\n(ii) the council is satisfied there are no longer any grounds for\naccepting the application; or\n(e) the council—\n(i) has previously decided not to register the place or object\nthe subject of the application; and\n(ii) is satisfied that the application shows no substantial new\ngrounds for registration.\n(4) The council must, as far as practicable within 15 working days after\nmaking a decision under subsection (2) (b)—\n(a) if the council dismisses the application—give the applicant\nwritten notice of the dismissal and the reasons for the dismissal;\nor\n(b) if the council accepts the application—tell each interested\nperson about the decision.\nlacking in substance—a nomination application is lacking in\nsubstance if the council is satisfied on reasonable grounds that the\napplication contains insufficient information for the council to make\na decision about provisional registration.\n\n","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Request for urgent provisional registration","content":"30 Request for urgent provisional registration\n(1) A person may make an application (an urgent provisional\nregistration application) requesting that the council urgently decide\nwhether to provisionally register a place or object.\n(2) An urgent provisional registration application—\n(a) must be in writing; and\n(b) must be given to the council; and\n(c) may be made—\n(i) at the same time as a nomination application for the place\nor object to which the urgent provisional registration\napplication relates is given to the council, or a later time;\nand\n(ii) by the same person who made the nomination application,\nor someone else; and\n(d) must explain the circumstances that require an urgent decision\nto be made.\nExamples—urgent provisional registration applications\n1 a member of the Legislative Assembly applies for urgent provisional\nregistration to protect a place or object under imminent threat\n2 a developer applies for urgent provisional registration to avoid delay in a\ndevelopment project\n(3) The council must accept the application only if—\n(a) the place or object mentioned in the application is a nominated\n\n(i) the application complies with subsection (2); or\n(ii) if the application does not comply with subsection (2)—\nthe council agrees to accept the application; and\n(c) the council is satisfied an urgent decision must be made\nbecause—\n(i) if the heritage council believes on reasonable grounds that\nthe place or object is likely to have heritage significance—\n1 or more of the following is reasonably likely to occur if\nthe decision is not made:\n(A) the likely heritage significance of the place or object\nwill be diminished or damaged;\n(B) if a development application applies to the place or\nobject—approval of the development proposal will\nauthorise action that will diminish or damage the\nplace or object; or\n(ii) the heritage council believes on reasonable grounds that\nthe application is reasonable in the circumstances.\n(4) If the council accepts the application, the council must—\n(a) as far as practicable, make a decision under section 32 about the\nplace or object—\n(i) if the place is a precinct—within 60 working days after the\nday the council receives the application; or\n(ii) in any other case—within 20 working days after the day\nthe council receives the application; and\n(b) notify each interested person of the decision.\n(5) If the council dismisses the application the council must notify the\napplicant of the dismissal as far as practicable within 15 working days\nof the decision.\n\n","sortOrder":40},{"sectionNumber":"30A","sectionType":"section","heading":"Change to nominated place or object before provisional","content":"30A Change to nominated place or object before provisional\nregistration decision\n(1) This section applies if, before the council makes a decision under\nsection 32 in relation to a nominated place or object—\n(a) the council knows, or believes on reasonable grounds, that\ninformation in the nomination application for the place or object\nis now incorrect, insufficient or outdated; or\n(b) since the nomination application for the place or object was\nmade or accepted, something has happened to the place or object\nthat changes a detail about the place or object mentioned in the\napplication.\n(2) The council may reassess the merit of the nomination application.\n(3) If the council reassesses the merit of the nomination application, it\nmust—\n(a) dismiss the application; or\n(b) accept the application and consider whether to provisionally\nregister the place or object the subject of the application under\nsection 32.\nNote If a nomination application is dismissed under s (3) (a), the place or object\nthe subject of the application is no longer a nominated place or object\n(see dict, def nominated, par (b)).\n(4) The council must dismiss the application if a circumstance mentioned\nin section 29 (3) applies.\n(5) The council must, as far as practicable within 15 working days after\nmaking a decision under subsection (3)—\n(a) if the council dismisses the application—give the applicant\nwritten notice of the dismissal and the reasons for the dismissal;\nor\n\n(b) if the council accepts the application—tell each interested\nperson about the decision.\n","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Council must consult representative Aboriginal","content":"31 Council must consult representative Aboriginal\norganisation\nThe council must consult each representative Aboriginal organisation\nabout an Aboriginal place or an Aboriginal object before making a\ndecision about registration under division 6.1 (Provisional\nregistration) for the place or object.\n","sortOrder":42},{"sectionNumber":"31A","sectionType":"section","heading":"Consultation with scientific committee about provisional","content":"31A Consultation with scientific committee about provisional\nregistration\nThe council must consult the scientific committee before making a\ndecision about registration under division 6.1 (Provisional\nregistration) for a place or object that forms part of the natural\nenvironment.\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Decision about provisional registration","content":"32 Decision about provisional registration\n(1) The council—\n(a) must decide whether or not to provisionally register a nominated\n(b) may decide to provisionally register a place or object that is not\na nominated place or object.\n(2) However, the council may provisionally register a place or object\nonly if satisfied on reasonable grounds that the place or object is likely\nto have heritage significance.\n\n","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Provisional registration of place or object","content":"33 Provisional registration of place or object\nTo provisionally register a place or object, the council must enter in\nthe register—\n(a) the registration details for the place or object; and\n(b) an indication that the registration is provisional.\n","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Notice of decision about provisional registration","content":"34 Notice of decision about provisional registration\n(1) The council must prepare a written notice about a decision made\nunder section 32 (1).\n(2) A notice under subsection (1)—\ndays after the day the decision under section 32 (1) is made.\n(3) The council must, as soon as practicable, give additional public notice\nof the notice under subsection (1).\nrequirement in s (3) is in addition to the requirement for notification on\n(4) The council must use its best endeavours to give a copy of the notice\nto each interested person within 15 working days after the day the\nNote Section 13 defines interested person.\n(5) The notice must include—\n(a) for a decision to provisionally register the place or object—the\nfollowing:\n(i) the registration details of the place or object;\n(ii) the council’s reasons for its decision;\n\n(iii) the date of provisional registration;\n(iv) an indication of the council’s intention to decide whether\nto register the place or object under division 6.2; and\n(b) for a decision not to provisionally register the place or object—\nthe following:\n(i) the name of the place or object;\n(ii) the location or address of the place or object;\n(iii) a description of the place or object, including (if relevant)\nits extent or boundary;\n(iv) the council’s reasons for its decision;\n(v) if an assessment of the place or object has been made\nagainst the heritage significance criteria—the assessment;\n(vi) the date the decision takes effect.\n(6) The notice must not include restricted information.\n","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Period of provisional registration","content":"35 Period of provisional registration\n(1) The period of provisional registration of a place or object begins on\nthe day the place or object is provisionally registered under section 33\n(the provisional registration day) and ends—\n(a) for a precinct—9 months after the provisional registration day;\nor\n(b) in any other case—5 months after the provisional registration\nday.\n\n(2) A period mentioned in subsection (1) (the initial period) is extended\nfor an additional period (an extension), not more than 3 months, if—\n(a) the council is required to resolve complex issues in relation to\nthe place or object provisionally registered and the council is\nsatisfied on reasonable grounds that the initial period will end\nbefore it is able to resolve the issues; and\n(b) the council, at least 25 working days before the end of the initial\nperiod, takes reasonable steps to tell each interested person for\nthe place or object that the council seeks an extension; and\n(c) the council, at least 25 working days before the end of the initial\nperiod, gives the Minister written notice (an extension notice)\nstating—\n(i) that the council seeks an extension; and\n(ii) the length of the extension sought, including the beginning\nand end dates of the extension; and\n(iii) the reasons for the extension; and\n(d) the Minister does not, within 10 working days after receiving an\nextension notice, tell the council in writing that the extension is\nopposed.\n(3) If the Minister gives the council a direction under section 39 the initial\nperiod is extended for 3 months beginning—\n(a) on the day after the end of the initial period; or\n(b) if an extension applies to the initial period—on the day after the\nend of the extension period.\n(4) However, if a termination event happens before the end of a period of\nprovisional registration worked out under this section, the period of\nprovisional registration ends on the day the event happens.\n\n(5) An extension notice that is not opposed by the Minister—\ndays of the last day on which the Minister could have opposed\nthe extension notice.\n(6) The council must, as soon as practicable, give additional public notice\nof the extension notice under subsection (5).\nrequirement in s (6) is in addition to the requirement for notification on\n(7) In this section:\ntermination event, for a period of provisional registration for a place\nor object, means a decision by the council to register or not register\nthe place or object under division 6.2.\n","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"End of period of provisional registration without decision","content":"36 End of period of provisional registration without decision\nIf the period of provisional registration for a place or object ends and\nthe council has not made a decision about whether or not to register\nthe place or object under division 6.2, the place or object is taken to\nbe a nominated place or object.\nNote If a place or object is a nominated place or object the council must decide\nwhether or not to provisionally register the nominated place or object (see\ns 32).\n\n","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Public consultation about registration of place or object","content":"37 Public consultation about registration of place or object\n(1) A notice under section 34 (Notice of decision about provisional\nregistration) must include an invitation to make comments, in writing,\nabout the registration of the place or object to the council within\n4 weeks after the day the notice is notified under the Legislation Act\n(the public consultation period).\n(2) The council may give public notice (an extension notice) to extend\nthe public consultation period.\nNote 2 The council may extend the public consultation period after it has ended\n(see Legislation Act, s 151C).\n(3) An extension notice is a notifiable instrument.\n(4) In deciding whether to register a place or object under this division,\nthe council—\n(a) must consider any written comments made to the council about\nthe registration before the end of the public consultation period;\nand\n(b) may consider any written comments made to the council about\nthe registration after the end of the public consultation period.\n","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Report to Minister about public consultation","content":"38 Report to Minister about public consultation\nin relation to the registration of a place or object, the council must\ngive the Minister a written report that—\n(a) identifies the place or object; and\n\nRegistration Division 6.2\n(b) gives the council’s view about whether the place or object\nshould be registered under this division; and\n(c) identifies issues raised in written comments made to the council\nbefore the end of the public consultation period; and\n(e) identifies any other change the council proposes to make to the\nregistration having regard to the issues raised in the written\ncomments.\n","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Minister may require council to further consider issues","content":"39 Minister may require council to further consider issues\nrelated to registration\n(1) The Minister may direct the council to give further consideration to\nthe following when considering a place or object for registration\nunder this division:\n(a) any issue raised in, or arising from, the council’s report to the\nMinister for the place or object under section 38;\n(b) any issue relating to the council’s functions.\n","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Decision about registration","content":"40 Decision about registration\n(1) If a place or object is provisionally registered the council must\neither—\n(a) decide to register the place or object under this division by—\n(i) entering the registration details for the place or object in\nthe register; and\n(ii) removing the indication that registration is provisional; and\n(iii) preparing written notice of the decision; or\n\n(b) decide not to register the place or object under this division by\npreparing a written notice stating—\n(i) the decision; and\n(ii) the date the decision takes effect (the cancellation date).\n(2) The cancellation date must not be a date before the end of the period\nan interested person may apply to the ACAT for a review of the\n(3) A notice under this section—\ndays after the day the decision is made; and\n(c) must include the following information:\n(i) the registration details of the place or object;\n(ii) the reasons for the council’s decision;\n(iii) for a decision to register a place or object—the date\nregistration takes effect; and\n(d) must not include restricted information.\n(4) The council must, as soon as practicable, give additional public notice\nof the notice under subsection (3).\nrequirement in s (4) is in addition to the requirement for notification on\n(5) The council must take reasonable steps to give a copy of the notice to\neach interested person within 15 working days after the day the\n\nRegistration of place or object protected under Nature Conservation Act\n","sortOrder":52},{"sectionNumber":"Div 6","sectionType":"division","heading":"3","content":"Division 6.3\n(6) However, any decision of the council under this section may only be\nmade if—\n(a) the council is satisfied on reasonable grounds that the place or\nobject has heritage significance; and\n(b) the council has complied with any direction given by the\nMinister under section 39.\nDivision 6.3 Registration of place or object\nprotected under Nature Conservation\nAct 2014\n","sortOrder":53},{"sectionNumber":"42A","sectionType":"section","heading":"Registration of place or object under this Act limited if","content":"42A Registration of place or object under this Act limited if\nplace or object already protected under Nature\nConservation Act 2014\n(1) This section applies if a place or object includes or is likely to\ninclude—\n(a) the habitat of—\n(i) a threatened native species; or\n(ii) a threatened ecological community; or\n(b) a key threatening process.\n(2) The council may register the place or object only if the place or object\nalso has—\n(a) cultural heritage significance; or\n\nDivision 6.3 Registration of place or object protected under Nature Conservation Act\n(b) natural heritage significance of a kind not protected under the\nNature Conservation Act 2014.\nExample\nThe council registers a homestead and its surrounding property that includes a\nthreatened ecological community because of either of the following:\n(a) the homestead and surrounding property have cultural heritage significance\nbecause of the homestead’s special association with the ACT community;\n(b) the surrounding property on which the homestead is located contains an\nunusual geological formation (the Nature Conservation Act 2014 is\nprincipally concerned with the protection of flora and fauna).\nhabitat—see the Nature Conservation Act 2014, dictionary.\nkey threatening process—see the Nature Conservation Act 2014,\nsection 74.\nthreatened ecological community—see the Nature Conservation\nAct 2014, section 67.\nthreatened native species—see the Nature Conservation Act 2014,\nsection 61.\n\n","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Cancellation proposal","content":"43 Cancellation proposal\n(1) A person may make an application proposing, or the council may on\nits own initiative propose, that a place or object registered under\ndivision 6.2 cease to be registered (a cancellation proposal).\n(2) A cancellation proposal made by a person must—\n(c) include the following details about the place or object to which\nthe proposal relates:\n(iii) a statement by the applicant about why the place or object\ndoes not have heritage significance.\n(3) As soon as practicable after receiving the cancellation proposal, the\ncouncil must assess the merit of the proposal and—\n(a) dismiss the proposal if—\n(i) the council is satisfied on reasonable grounds that the\nproposal is frivolous, vexatious, misconceived, lacking in\nsubstance or not made honestly; or\n(ii) the council has previously decided not to cancel the\nregistration of the place or object to which the proposal\nrelates, and is satisfied that the proposal shows no\nsubstantial new grounds for cancellation; or\n\n(b) if the proposal is not dismissed under paragraph (a)—accept the\nproposal and exercise the council’s functions under section 49\n(Decision about cancellation proposal).\n(4) The council must—\n(a) if the council dismisses a proposal—give the person who made\nthe proposal written notice of the dismissal and reasons for the\ndismissal as far as practicable within 15 working days after the\nday the decision is made; and\n(b) if the council accepts the proposal, or makes a proposal on its\nown initiative—tell each interested person about the decision as\nfar as practicable within 15 working days after the day the\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Notice of cancellation proposal","content":"44 Notice of cancellation proposal\n(1) The council must prepare a written notice of each cancellation\nproposal.\n(2) A notice under subsection (1)—\ndays after the day the proposal is given to the council.\n(3) The council must, as soon as practicable, give additional public notice\nof the notice under subsection (1).\nrequirement in s (3) is in addition to the requirement for notification on\n\n(4) The council must give a copy of the notice to each interested person\nas far as practicable within 15 working days after—\n(a) for a cancellation proposal made by a person—the day the\nproposal is given to the council; or\n(b) for a cancellation proposal made by the council—the day the\ncouncil makes the proposal.\n(5) A notice under this section must include the following:\n(a) the registration details of the place or object;\n(b) the proponent’s reasons for the cancellation proposal;\n(c) the date the proposal was given to the council.\n(6) The notice must not include restricted information.\n","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Consultation with representative Aboriginal organisation","content":"45 Consultation with representative Aboriginal organisation\nabout cancellation proposal\n(1) This section applies if a cancellation proposal is made about an\nAboriginal place or Aboriginal object registered under division 6.2.\n(2) In deciding whether the place or object should cease to be registered,\nthe council must consult, and consider the views of, each\nrepresentative Aboriginal organisation about the proposal.\n","sortOrder":57},{"sectionNumber":"45A","sectionType":"section","heading":"Consultation with scientific committee about cancellation","content":"45A Consultation with scientific committee about cancellation\nproposal\n(1) This section applies if a cancellation proposal is made in relation to a\nplace or object that forms part of the natural environment.\n(2) In deciding whether the place or object should cease to be registered,\nthe council must consult, and consider the views of, the scientific\ncommittee.\n\n","sortOrder":58},{"sectionNumber":"46","sectionType":"section","heading":"Public consultation about cancellation proposal","content":"46 Public consultation about cancellation proposal\n(1) A notice under section 44 (Notice of cancellation proposal) in relation\nto the registration of a place or object must include an invitation to\nmake comments, in writing, about the proposal to the council within\n4 weeks after the day the notice is notified under the Legislation Act\n(the public consultation period).\n(2) The council may give public notice to extend the consultation period\n(an extension notice).\nNote 2 The council may extend the consultation period after it has ended\n(see Legislation Act, s 151C).\n(3) An extension notice is a notifiable instrument.\n(4) In deciding whether a place or object registered under division 6.2\nshould cease to be registered, the council—\n(a) must consider any written comments made to the council about\nthe proposed cancellation before the end of the public\nconsultation period; and\n(b) may consider any written comments made to the council about\nthe proposed cancellation after the end of the public consultation\nperiod.\n","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Report to Minister about public consultation","content":"47 Report to Minister about public consultation\nin relation to the cancellation of the registration of a place or object,\nthe council must give the Minister a written report that—\n(a) identifies the place or object; and\n(b) gives the council’s view about whether the registration of the\nplace or object should be cancelled under this part; and\n\n(c) identifies issues raised in written comments made to the council\nbefore the end of the public consultation period; and\n(e) if the council’s view is not to cancel the registration of the place\nor object—identifies any change the council proposes to make\nto the registration having regard to the issues raised in the\nwritten comments.\n","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Minister may require council to further consider issues","content":"48 Minister may require council to further consider issues\nrelated to cancellation\n(1) The Minister may direct the council to give further consideration to\nthe following when considering a cancellation proposal:\n(a) any issue raised in, or arising from, the council’s report to the\nMinister for the place or object under section 47;\n(b) any issue relating to the council’s functions.\n","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Decision about cancellation proposal","content":"49 Decision about cancellation proposal\n(1) If the council receives a cancellation proposal about a registered place\nor object, or proposes cancellation on its own initiative, the council\nmust by written notice either—\n(a) decide to end the registration of the place or object, in\naccordance with the proposal by entering the following\ninformation in the heritage register:\n(i) particulars of the place or object and its registration;\n(ii) the reasons for the decision;\n(iii) the date the decision takes effect (the cancellation date);\nor\n\n(b) decide not to end the registration of the place or object.\n(2) However, any decision of the council under subsection (1) (a) may\nonly be made if—\n(a) the council is satisfied on reasonable grounds that the place or\nobject no longer has heritage significance; and\n(b) the council has complied with any direction given by the\nMinister under section 48.\n(3) The cancellation date must not be a date that happens before the end\nof the period an interested person may apply to the ACAT for a\nreview of the decision.\n(4) A notice under subsection (1)—\ndays after the day the decision is made.\n(5) The council must, as soon as practicable, give additional public notice\nof a notice under subsection (1).\nrequirement in s (5) is in addition to the requirement for notification on\n(6) The council must take reasonable steps to give a copy of the notice to\neach interested person within 15 working days after the day the\n","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Partial cancellation of registration of place or object","content":"50 Partial cancellation of registration of place or object\n(1) In this part:\ncancellation includes partial cancellation.\npartial cancellation means the exclusion of part of a registered place\nor object.\n\n(2) This part applies to a partial cancellation as if—\n(a) a reference to a registered place or object were a reference to the\npart of the place or object to be excluded; and\n(b) all other necessary changes, including any changes prescribed\nby regulation, were made.\n\nPart 8 Management of Aboriginal places and Aboriginal objects\nPart 8 Management of Aboriginal places\nand Aboriginal objects\n51 Reporting discovery of Aboriginal place or object\n(a) discovers an Aboriginal place or object; and\n(b) has reasonable grounds to believe it is an Aboriginal place or\n(c) fails to take reasonable steps to report the discovery to the\ncouncil, in accordance with subsection (2), as soon as\npracticable after the day of the discovery.\nMaximum penalty: 5 penalty units.\n(2) The report must be in writing and must include the following:\n(a) a description of the place or object and its location;\n(b) the person’s name and address;\n(c) if known by the person—the name and address of the owner or\noccupier of the place where the discovery was made.\n(3) A discovery is taken to be reported to the council as soon as\npracticable if the discovery is reported to the council within\n5 working days after the day of the discovery.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Exceptions to reporting obligation","content":"52 Exceptions to reporting obligation\nSection 51 does not apply to—\n(a) a registered place or object; or\n(b) a person who has a traditional Aboriginal affiliation with the\nland where the place or object was discovered.\n\nManagement of Aboriginal places and Aboriginal objects Part 8\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Assessing heritage significance of reported Aboriginal","content":"53 Assessing heritage significance of reported Aboriginal\nplaces and objects\nAs soon as practicable after a place or object is reported under\nsection 51, the council must—\n(a) arrange consultation under section 31 with each representative\nAboriginal organisation in relation to the place or object; and\n(b) decide whether the place or object is to be provisionally\nregistered.\n","sortOrder":65},{"sectionNumber":"53A","sectionType":"section","heading":"Repository for Territory-owned Aboriginal objects","content":"53A Repository for Territory-owned Aboriginal objects\nThe Minister must ensure that each Aboriginal object owned by the\nTerritory is kept in a repository declared under section 53B.\n","sortOrder":66},{"sectionNumber":"53B","sectionType":"section","heading":"Declaration of repository","content":"53B Declaration of repository\n(1) The Minister may declare a place to be a repository for Aboriginal\nobjects.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n(2) Before making a declaration, the Minister must consult the council\nand each representative Aboriginal organisation about the proposed\ndeclaration.\n(3) The Minister may declare a place to be a repository only if satisfied\non reasonable grounds that the place is suitable for the conservation\nof Aboriginal objects owned by the Territory.\n(4) A declaration must not include restricted information.\n(5) A declaration is a notifiable instrument.\n\n","sortOrder":67},{"sectionNumber":"Part 8","sectionType":"part","heading":"Management of Aboriginal places and Aboriginal objects","content":"Part 8 Management of Aboriginal places and Aboriginal objects\n","sortOrder":68},{"sectionNumber":"53C","sectionType":"section","heading":"Ownership of Aboriginal objects on territory land","content":"53C Ownership of Aboriginal objects on territory land\n(1) An Aboriginal object is owned by the Territory if—\n(a) the object is located on territory land, and the following apply:\n(i) another person or entity does not hold a legal interest in the\n(ii) the Minister has not made a declaration stating that the\nTerritory surrenders its legal interest in the object; or\n(b) the object is purchased by the Territory; or\n(c) the object is given to the Territory by a person who holds an\ninterest in the object.\n(2) A declaration is a disallowable instrument.\n\nRestricted information Part 9\n","sortOrder":69},{"sectionNumber":"54","sectionType":"section","heading":"Declaration of restricted information","content":"54 Declaration of restricted information\n(1) The council may, in writing, declare particular information about the\nlocation or nature of the following to be restricted information:\n(a) a place or object that has heritage significance;\n(b) an Aboriginal place or an Aboriginal object.\n(2) The council may make the declaration only if satisfied on reasonable\ngrounds that public disclosure of the information would be likely to\nhave a substantial adverse effect on—\n(a) the heritage significance of the place or object; or\n(b) the Aboriginal place or Aboriginal object.\n(3) Before making a declaration in relation to an Aboriginal place or\nobject, the council must consult, and consider the views of, each\nrepresentative Aboriginal organisation about the proposed\ndeclaration.\n(4) The council must use its best endeavours to give a copy of the\ndeclaration to each interested person for the place or object.\nNote Section 13 defines interested person.\n","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Restricted information not to be published without","content":"55 Restricted information not to be published without\napproval\n(a) publishes restricted information about a place or object; and\n(b) knows the information is restricted information.\n\n(2) Subsection (1) does not apply if the publication is—\n(a) in accordance with an approval under section 56; or\n(b) for the exercise of a function under this Act or another territory\nlaw.\n(3) Also, subsection (1) does not apply to a publication about an\nAboriginal place or object if the publication—\n(a) is made by a person with a traditional affiliation with the place\n(b) is—\n(i) to another Aboriginal person; or\n(ii) for the purpose of education about Aboriginal tradition; or\n(iii) necessary and reasonable to avoid an imminent risk of\ndamage to, or destruction of, an Aboriginal place or object.\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Approval to publish restricted information","content":"56 Approval to publish restricted information\n(1) The council may approve the publication of restricted information\nabout a place or object if satisfied, on reasonable grounds, that the\npublication will not have a substantial adverse effect on the heritage\nsignificance of the place or object.\n(2) An approval—\n(a) may be given only on application; and\n(b) must be given in writing to the applicant.\n(3) An application must be in writing and must—\n(a) identify the restricted information proposed to be published; and\n(b) state the reason for the publication; and\n(c) state the nature of the publication, including the person, people\nor kind of people to whom it would be directed.\n\nRestricted information Part 9\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Limited access to restricted information","content":"57 Limited access to restricted information\n(1) This section applies if a person applies to access restricted\ninformation.\n(2) The council must give the applicant the restricted information—\n(a) if land is offered for sale; and\n(b) the applicant is an interested person for the land, or someone\nconsidering buying an interest in the land; and\n(c) the restricted information is relevant to the conservation and use\nof the land.\n(3) The council may give the applicant the restricted information if—\n(a) the council is satisfied on reasonable grounds that the release of\nthe information will not diminish the heritage significance of a\nplace or object, or damage an Aboriginal place or object; and\n(b) the applicant satisfies the council that the applicant will use the\ninformation for 1 or more of the following:\n(i) academic research in connection with a recognised tertiary\ninstitution;\n(ii) as a consultant or researcher engaged by an interested\nperson in connection with planning, land management, or\na development proposal;\n(iii) to assess heritage significance;\n(iv) to assess whether proposed conduct will diminish the\nheritage significance of a place or object, or damage an\nAboriginal place or object.\n(4) If the council gives a person restricted information the council must,\nat the same time, give the person a written explanation about the\noperation of this part.\n\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Meaning of development—pt 10","content":"58 Meaning of development—pt 10\ndevelopment means a proposed development to which a development\napplication under the Planning Act 2023, chapter 7 applies.\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Simplified outline","content":"59 Simplified outline\nThe following notes provide a simplified outline of this part and the\nPlanning Act 2023, chapter 7 (Development assessment and\napprovals):\nNote 1 Certain development applications to be referred to council\nThe territory planning authority may be required to refer a development\napplication to the council (see Planning Act 2023, s 170 and s 171).\nNote 2 Council to give advice about development application\nThe council gives advice to the territory planning authority, within the\nprescribed number of days, about the effect of a development on the\nheritage significance of a place or object if the development application\nis referred to the council (see Planning Act 2023, s 172). The council may\nalso give the authority advice about the effect of development on heritage\nsignificance under this Act, s 60 or make a representation about a\ndevelopment application under the Planning Act 2023, s 180.\nNote 3 Council’s advice to be considered\nThe council’s advice must be considered by the decision-maker in\ndeciding a development application referred to the council (see Planning\nAct 2023, s 186 (i), s 189 and s 190).\n\nLand development applications Part 10\nNote 4 Council may apply for review of decision to approve application\nThe council may apply to the ACAT for review of the territory planning\nauthority’s decision to approve a development application if the\ncouncil—\n(a) made a representation about the development application under the\nPlanning Act 2023, s 180; and\n(b) is an eligible entity under that Act, ch 15 (Notification and review\nof decisions) (see Planning Act 2023, s 504 and s 506 and sch 5,\npt 5.2, item 2, item 6 and item 8).\n","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Advice about effect of development on heritage","content":"60 Advice about effect of development on heritage\nsignificance\n(1) This section applies if the council is satisfied on reasonable grounds\nthat a development would affect—\n(a) the heritage significance of a registered place or object; or\nNote A registered place or object includes a provisionally registered\nplace or object (see s 11).\n(b) a nominated place or object that, in the opinion of the council,\nis likely to have heritage significance.\n(2) The council may give the territory planning authority written advice\nin accordance with section 61 about its decision.\nNote 1 If the territory planning authority refers a development application to the\ncouncil under the Planning Act 2023, s 170 or s 171, the council must,\nwithin the number of days prescribed by regulation after the day the\nauthority refers the application, give the authority its advice in relation to\nthe development application (see Planning Act 2023, s 172).\nNote 2 The council may apply to the ACAT for review of the territory planning\nauthority’s decision to approve a development application if the\ncouncil—\n(a) made a representation about the development application under the\nPlanning Act 2023, s 180; and\n(b) is an eligible entity under that Act, ch 15 (Notification and review\nof decisions) (see Planning Act 2023, s 504 and s 506 and sch 5,\npt 5.2, item 2, item 6 and item 8).\n\n","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Requirements for council’s advice about development","content":"61 Requirements for council’s advice about development\n(1) This section applies if the council gives advice—\n(a) under section 60 about the effect of a development on a place or\nobject that has, or is likely to have, heritage significance; or\n(b) under the Planning Act 2023, section 172 in relation to a\ndevelopment application.\n(2) The council’s advice must include the following:\n(a) an outline of the effect of the development on the heritage\nsignificance of the place or object;\n(b) advice about ways of avoiding or minimising the impact of the\ndevelopment on the heritage significance of the place or object.\n(3) Without limiting subsection (2), the advice may set out proposed\nconditions on any approval of the development, including conditions\nrequiring compliance with 1 or more of the following:\n(a) if it is not reasonably practicable for the development to avoid\nharming the place or object—the reasonable steps that must be\ntaken to minimise the extent of the harm;\n(b) conservation requirements under applicable heritage guidelines;\n(c) a conservation management plan approved by the council.\n\nTree damaging activity etc Part 10A\n","sortOrder":77},{"sectionNumber":"61A","sectionType":"section","heading":"Definitions—pt 10A","content":"61A Definitions—pt 10A\nAboriginal cultural tree—see the Urban Forest Act 2023, dictionary.\ndecision-maker—see the Urban Forest Act 2023, dictionary.\ntree damaging activity means an activity to which an application\nunder the Urban Forest Act 2023, section 21 applies.\ntree management plan—see the Urban Forest Act 2023, dictionary.\n","sortOrder":78},{"sectionNumber":"61B","sectionType":"section","heading":"Advice about effect of tree damaging activity or tree","content":"61B Advice about effect of tree damaging activity or tree\nmanagement plan\n(1) This section applies if, after receiving a tree protection notice—\n(a) the council is satisfied on reasonable grounds that a proposed\ntree damaging activity would harm a tree, or a tree management\nplan proposal or application does not adequately protect a tree,\nthat—\n(i) has heritage significance; or\n(ii) forms an important part of a place with heritage\nsignificance; or\n(b) a representative Aboriginal organisation is satisfied on\nreasonable grounds that a proposed tree damaging activity\nwould harm a tree, or a tree management plan proposal or\napplication does not adequately protect a tree, that—\n(i) is an Aboriginal cultural tree; or\n(ii) forms an important part of an Aboriginal place.\n\n(2) However, this section does not apply if the notice is about proposed\ntree damaging activity, or a tree management plan, required for\nreasons of public safety.\n(3) The council or representative Aboriginal organisation, as the case\nrequires—\n(a) may give the decision-maker written advice about the proposed\ntree-damaging activity, or tree management plan proposal or\napplication, set out in the notice; and\n(b) if the council or representative Aboriginal organisation decides\nto give written advice—must give the decision-maker advice—\n(i) in accordance with section 61C; and\n(ii) within the period mentioned in—\n(A) for a proposed tree damaging activity—the Urban\nForest Act 2023, section 26; or\n(B) for a tree management plan proposal or application—\nthat Act, section 83.\ntree protection notice means a notice given to the council or a\nrepresentative Aboriginal organisation by—\n(a) for a proposed tree damaging activity—the decision-maker\nunder the Urban Forest Act 2023, section 25; or\n(b) for a tree management plan proposal or application—\nthe decision-maker under that Act, section 82.\n\nTree damaging activity etc Part 10A\n","sortOrder":79},{"sectionNumber":"61C","sectionType":"section","heading":"Requirements for advice about tree damaging activity or","content":"61C Requirements for advice about tree damaging activity or\ntree management plan\n(1) Advice given by the council to the decision-maker under\nsection 61B (3) must include the following:\n(a) an outline of the effect of the proposed tree damaging activity or\ntree management plan on—\n(i) the tree that has heritage significance; or\n(ii) the place with heritage significance of which the tree forms\nan important part;\n(b) advice about ways of avoiding or minimising the harm of the\nactivity, or risks associated with the plan, for the tree or place.\n(2) Advice given by the representative Aboriginal organisation to the\ndecision-maker under section 61B (3) must include the following:\n(a) an outline of the effect of the proposed tree damaging activity or\ntree management plan on—\n(i) the Aboriginal cultural tree; or\n(ii) the Aboriginal place of which the tree forms an important\npart;\n(b) advice about ways of avoiding or minimising the harm of the\nactivity, or risks associated with the plan, for the tree or place.\n(3) Without limiting subsection (1) or (2), the advice may recommend\nconditions that must be complied with.\n\n","sortOrder":80},{"sectionNumber":"61D","sectionType":"section","heading":"Effect of advice about tree damaging activity or tree","content":"61D Effect of advice about tree damaging activity or tree\nmanagement plan\n(a) the council, or a representative Aboriginal organisation, gives\nadvice to the decision-maker under section 61B (3) in relation\nto a proposed tree damaging activity or tree management plan\nproposal or application; and\n(b) the decision-maker makes a decision under the Urban Forest\nAct 2023 in relation to the proposed activity, or plan proposal or\napplication that is substantially consistent with the advice of the\nentity.\n(2) The entity that provided the advice must act consistently with the\nadvice given to the decision-maker in any activity undertaken, further\nadvice given or decision made, by the entity in relation to a tree that\nis the subject of the proposed tree damaging activity or tree\nmanagement plan proposal or application, unless—\n(a) further information comes to the entity’s attention which was\nnot available to the entity when it gave the advice; and\n(b) the further information is relevant to the advice; and\n(c) the entity would have given different advice if the entity had the\nfurther information before giving the advice.\n(3) However, for subsection (2), a reference to further information does\nnot include information that—\n(a) was not required to be provided under the Urban Forest\nAct 2023 for the decision-maker to make a decision about a tree\ndamaging activity or tree management plan under that Act; and\n(b) is substantially the same as information available to the entity at\nthe time the entity gave the advice.\n\n","sortOrder":81},{"sectionNumber":"61E","sectionType":"section","heading":"Application to excavate","content":"61E Application to excavate\n(1) A person or entity may make an application to the council\n(an excavation application) for permission to carry out\narchaeological excavation work at, or near, a registered place or\nobject, or an Aboriginal place or Aboriginal object (a heritage site).\n(2) An excavation application must—\n(ii) a description of the heritage site;\n(iii) the location or address of the heritage site;\n(iv) details about the proposed excavation work, including the\nreason for the excavation, the extent and duration of the\nexcavation and any other work of which the excavation\nforms part;\n(v) details about the measures the applicant will adopt during\nthe excavation to reduce the risk of diminishing the\nheritage significance of, or damage to, the heritage site;\n(vi) any other matter prescribed by regulation.\n\narchaeological excavation work means excavation undertaken—\n(a) in a systematic way; and\n(b) using archaeological methods; and\n(c) to investigate the heritage significance of a place or object.\n","sortOrder":82},{"sectionNumber":"61F","sectionType":"section","heading":"Permit to excavate","content":"61F Permit to excavate\n(1) As soon as practicable after receiving an excavation application the\ncouncil must assess the application and decide whether or not to issue\na permit for the proposed archaeological excavation work\n(an excavation permit).\n(2) An excavation permit may be issued with conditions.\n(3) The council must issue an excavation permit if satisfied on reasonable\ngrounds—\n(a) that the proposed excavation is a justifiable part of work\nrequired at, or near, a registered place or object, or an Aboriginal\nplace or Aboriginal object (a heritage site); and\n(b) that there are no reasonably practicable alternatives to the\nexcavation; and\n(c) that the applicant has identified reasonable steps it will take to\ndamage to, the heritage site; and\n(d) about any other matter prescribed by regulation.\nunder subsection (1), including any conditions associated with a\ndecision to issue a permit, as far as practicable within 15 working\ndays after the decision.\n\n","sortOrder":83},{"sectionNumber":"61G","sectionType":"section","heading":"Application for approval of statement of heritage effect","content":"61G Application for approval of statement of heritage effect\n(1) A person or entity proposing to undertake an activity that is likely to\ndiminish the heritage significance of a place or object, or likely to\ndamage an Aboriginal place or Aboriginal object, may make an\napplication to the council for approval of a plan (a statement of\nheritage effect) that sets out the following:\n(a) a description of the place or object, or Aboriginal place or object\n(the heritage site);\n(b) details about the proposed activity, including the reason for the\nactivity and the extent and duration of the activity;\n(c) the likely effect of the proposed activity on the heritage site,\nincluding the effects that may diminish the heritage significance\nof, or damage, the heritage site;\n(d) the measures the applicant will adopt during the activity to\ndamage to, the heritage site;\n(e) whether other reasonably practicable ways of carrying out the\nactivity at the heritage site are available;\n(f) any other matter prescribed by regulation.\n(2) An application must—\n(ii) the location or address of the heritage site;\n(iii) any other matter prescribed by regulation; and\n\n(d) attach the applicant’s statement of heritage effect.\n","sortOrder":84},{"sectionNumber":"61H","sectionType":"section","heading":"Approval of statement of heritage effect","content":"61H Approval of statement of heritage effect\n(1) As soon as practicable after receiving an application under\nsection 61G the council must assess the application and decide\nwhether or not to approve the applicant’s statement of heritage effect.\n(2) A statement of heritage effect may be approved with conditions.\n(3) The council must approve the statement of heritage effect, if satisfied\non reasonable grounds—\n(a) that the proposed activity is justifiable at, or near, a place or\nobject, or an Aboriginal place or Aboriginal object (a heritage\nsite); and\n(b) that there are no reasonably practicable alternative ways to carry\nout the proposed activity at the heritage site; and\n(c) that the applicant has identified reasonable steps it will take to\ndamage to, the heritage site; and\n(d) about any other matter prescribed by regulation.\nunder subsection (1), including any conditions associated with its\napproval, as far as practicable within 15 working days after the\n\n","sortOrder":85},{"sectionNumber":"61I","sectionType":"section","heading":"Council may direct application for approval of statement","content":"61I Council may direct application for approval of statement\nof heritage effect\n(1) The council may, in writing, direct a person or entity to make an\napplication under section 61G if the council is satisfied on reasonable\ngrounds that—\n(a) the person or entity conducts, or proposes to conduct, an activity\nthat is likely to diminish the heritage significance of a place or\nobject, or likely to damage an Aboriginal place or Aboriginal\n(b) the council has not approved a statement of heritage effect in\nrelation to the activity.\n(2) If the council issues a direction under this section—\n(a) if the activity has not started—the person or entity may only start\nthe activity if the council approves a statement of heritage effect\nfor the activity; or\n(b) if the activity has started—the person or entity must\nimmediately stop the activity until the council approves a\nstatement of heritage effect for the activity.\nNote It is an offence to engage in conduct—\n(a) that—\n(i) diminishes the heritage significance of a place or object; or\n(ii) damages an Aboriginal place or Aboriginal object; and\n(b) that is not in accordance with a statement of heritage effect\napproved by the council, or some other exception under s 76 (see\npt 13).\n","sortOrder":86},{"sectionNumber":"61J","sectionType":"section","heading":"Application for approval of conservation management","content":"61J Application for approval of conservation management\nplan\n(1) A person or entity responsible for a place or object with heritage\nsignificance, or an Aboriginal place or Aboriginal object, (a heritage\nsite) may make an application to the council for approval of a\nconservation management plan for the heritage site.\n\n(2) An application must—\n(ii) the location or address of the heritage site;\n(iii) any other matter prescribed by regulation; and\n(d) attach the applicant’s conservation management plan.\n","sortOrder":87},{"sectionNumber":"61K","sectionType":"section","heading":"Approval of conservation management plan","content":"61K Approval of conservation management plan\n(1) As soon as practicable after receiving an application under\nsection 61J, the council must assess the application and decide\nwhether or not to approve the conservation management plan.\n(2) A conservation management plan may be approved with conditions.\n(3) The council must approve the conservation management plan, if\nsatisfied on reasonable grounds—\n(a) that the plan ensures the conservation and responsible\nmanagement of the place or object, or Aboriginal place or\nAboriginal object, to which the plan relates; and\n(b) about any other matter prescribed by regulation.\nunder subsection (1), including any conditions associated with its\napproval, as far as practicable within 15 working days after the\n\n","sortOrder":88},{"sectionNumber":"62","sectionType":"section","heading":"Heritage direction by council","content":"62 Heritage direction by council\n(1) This section applies if a place or object—\n(a) has heritage significance; or\n(b) is an Aboriginal place or an Aboriginal object.\n(2) The council may give any of the following people a written direction\n(a heritage direction) to do or not do something to conserve the place\nor object:\n(a) the owner or occupier of the place;\n(b) the owner or custodian of the object;\n(c) a person whose work affects the place or object.\nExamples—heritage directions\n1 to do essential maintenance on a place\n2 not to adversely affect a significant feature of a heritage place\n3 not to undertake a development affecting the heritage significance of a place\nExamples—person whose work affects a place or object\n1 tradesperson providing trade services for the place or object\n2 developer of the place or object\n3 building certifier for the place\n(3) A heritage direction may be given only if the council is satisfied on\nreasonable grounds that—\n(a) immediate protection of the place or object is justified because\nan imminent threat exists that would harmfully affect—\n(i) for a place or object with heritage significance—\nthe heritage significance of the place or object; or\n(ii) an Aboriginal place or Aboriginal object; and\n\n(b) if heritage guidelines apply to the place or object—the direction\ncomplies with the guideline.\n(4) A heritage direction must state the period for which it is in force.\n(5) To remove any doubt, a heritage direction may be given for a place\nor object whether or not the place or object is registered.\n","sortOrder":89},{"sectionNumber":"63","sectionType":"section","heading":"Service of heritage direction","content":"63 Service of heritage direction\nA heritage direction may be given to a person mentioned in\nsection 62 (2) by leaving it secured in a conspicuous position at the\nplace or object to which it relates.\nNote For how directions may be served generally, see the Legislation Act,\npt 19.5.\n","sortOrder":90},{"sectionNumber":"64","sectionType":"section","heading":"Extension of heritage direction","content":"64 Extension of heritage direction\n(1) On application by the council, the Supreme Court may extend the\nperiod for which a heritage direction is in force in relation to a place\nor object if satisfied that—\n(a) there is an imminent threat to the heritage significance of the\n(b) extended protection is necessary.\n(2) An extension must be for no longer than the Supreme Court considers\nnecessary.\n","sortOrder":91},{"sectionNumber":"65","sectionType":"section","heading":"Contravention of heritage direction—offence","content":"65 Contravention of heritage direction—offence\nA person commits an offence if the person intentionally contravenes\na requirement of a heritage direction.\n\n","sortOrder":92},{"sectionNumber":"66","sectionType":"section","heading":"Contravention of heritage direction—action by authorised","content":"66 Contravention of heritage direction—action by authorised\nperson\n(a) a person does not comply with a heritage direction requiring the\nperson to do something; and\n(i) the appeal period has ended and no appeal has been made;\nor\n(ii) any appeal has been finally decided and is unsuccessful.\n(2) An authorised person, with necessary assistance, may enter the\npremises where the place or object to which the direction applies is\nlocated and—\n(a) do the thing stated in the direction; or\n(b) do or finish any work stated in the direction; or\n(c) direct or supervise another person that the authorised person has\nasked to carry out a task mentioned in paragraph (a) or (b).\n(3) The reasonable cost incurred by the Territory in doing anything under\nsubsection (2) is a debt owing to the Territory by the person to whom\nthe direction was given.\n(4) The council must endeavour to give each interested person for the\nplace or object written notice of the action proposed under\nsubsection (2) at least 5 working days before the day the action is to\nbegin.\n(5) The notice must include the following:\n(a) a statement about the operation of this section;\n(b) the purpose and nature of the proposed action;\n(c) the parts of the place likely to be affected;\n\n(d) the time or times when the action is proposed to be taken;\n(e) a statement about the obligations of the authorised person and\nthe Territory under subsection (7).\n(6) A person may waive the right to all or part of the minimum period of\nnotice under subsection (4).\n(7) Section 97 (Damage etc to be minimised) and section 98\n(Compensation for exercise of enforcement powers) apply to any\naction taken under subsection (2) as if—\n(a) it were the exercise of a function under part 14 (Enforcement)\nby an authorised person or a person assisting an authorised\nperson; and\n(b) as if all other changes, including changes prescribed under the\nregulations, were made.\n(8) In this section:\n","sortOrder":93},{"sectionNumber":"67","sectionType":"section","heading":"Order to enforce exercise of functions","content":"67 Order to enforce exercise of functions\n(a) an authorised person is entitled to exercise a function under\nsection 66 (2); and\n(b) another person obstructs, or proposes to obstruct, the authorised\nperson in the exercise of the function.\n(2) The Magistrates Court may, on the application of the authorised\nperson, make an order authorising a police officer or other person\nnamed in the order to use necessary assistance and force to enable the\nfunction to be exercised.\n\n(3) A copy of an application under subsection (1) must be given to the\nobstructor, and the obstructor is entitled to appear and be heard on the\nhearing of the application.\n\n","sortOrder":94},{"sectionNumber":"67A","sectionType":"section","heading":"Repair damage direction by council","content":"67A Repair damage direction by council\n(a) a person causes damage to—\n(i) a place or object that has heritage significance; or\n(ii) an Aboriginal place or an Aboriginal object; and\n(b) the damage can be repaired; and\n(c) the damage is not caused by conduct engaged in, in accordance\nwith any of the following:\n(i) a heritage guideline;\n(ii) a heritage direction;\n(iii) a heritage agreement;\n(iv) a conservation management plan approved by the council;\n(v) development approval under the Planning Act 2023,\nchapter 7;\n(vi) an excavation permit;\n(vii) a statement of heritage effect approved by the council.\n(2) The council may give any of the following people a written direction\n(a repair damage direction) to do or not do something to repair\ndamage to the place or object:\n(a) the owner or occupier of the place;\n(b) the owner or custodian of the object;\n\nRepair damage directions Part 11A\n(c) a person whose work affects a place or object that has heritage\nsignificance.\nExamples—person whose work affects a place or object\n1 developer of a place\n2 tradesperson providing trade services for a place or object\n(3) A repair damage direction must be in writing and state—\n(a) the place or object; and\n(b) the damage to be repaired; and\n(c) when the direction must be complied with, being a day at least\n1 month after the direction is given to the person.\n","sortOrder":95},{"sectionNumber":"67B","sectionType":"section","heading":"Extension of repair damage direction","content":"67B Extension of repair damage direction\n(1) A person who has been given a repair damage direction may apply to\nthe council for an extension of time to comply with the direction.\n(2) The application must—\n(b) state the reasons why the extension is required.\n(3) In deciding whether to extend the time, the council must consider the\nreasons set out in the application.\n(4) The council must—\n(a) extend the time; or\n(b) refuse to extend the time.\n(5) If the council extends the time, the extension must not be for longer\nthan the time the council considers necessary for the damage to be\nrepaired.\n\n(6) If the council refuses to extend the time, the council must give the\napplicant—\n(a) written notice of the refusal; and\n(b) reasons for the refusal.\n","sortOrder":96},{"sectionNumber":"67C","sectionType":"section","heading":"Offence—fail to comply with repair damage direction","content":"67C Offence—fail to comply with repair damage direction\n(a) is subject to a repair damage direction; and\n(b) fails to comply with the direction within the later of—\n(i) the time stated in the direction; and\n(ii) if the council extends the time under section 67B—\nthe extended time.\n(2) This section does not apply to a person if the person has a reasonable\nexcuse for failing to comply with the repair damage direction.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n","sortOrder":97},{"sectionNumber":"67D","sectionType":"section","heading":"Repair of damage by Territory","content":"67D Repair of damage by Territory\n(1) This section applies if a person—\n(a) is subject to a repair damage direction; and\n(b) fails to comply with the direction within the later of—\n(i) the time stated in the direction; and\n(ii) if the council extends the time under section 67B—\nthe extended time.\n\nRepair damage directions Part 11A\n(2) An authorised person, with necessary assistance, may enter the\npremises where the place or object to which the repair damage\ndirection applies is located and—\n(a) do the thing stated in the direction; or\n(b) do or finish any work stated in the direction; or\n(c) direct or supervise another person that the authorised person has\nasked to carry out a task mentioned in paragraph (a) or (b).\n(3) However, the authorised person may only—\n(a) enter the premises—\n(i) between 8 am and 6 pm on a day; or\n(ii) at any reasonable time with the occupier’s consent; and\n(b) enter the premises necessary to carry out the task mentioned in\nsubsection (2); and\n(c) remain at the premises until the task mentioned in subsection (2)\nis complete.\n(4) The reasonable costs incurred by the Territory in doing anything\nunder subsection (2) is a debt owing to the Territory by the person to\nwhom the direction was given.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n(5) The council must, at least 7 days before the proposed action is to\nbegin—\n(a) give the person written notice of the action proposed under\nsubsection (2); and\n(b) endeavour to give each interested person for the place or object\nwritten notice of the action proposed under subsection (2).\n\n(6) The notice must include the following:\n(a) a statement about the operation of this section;\n(b) the purpose and nature of the proposed action;\n(c) the parts of the place likely to be affected;\n(d) the time or times when the action is proposed to be taken;\n(e) a statement about the obligations of the authorised person and\nthe Territory under subsection (7).\n(7) Section 97 (Damage etc to be minimised) and section 98\n(Compensation for exercise of enforcement powers) apply to any\naction taken under subsection (2) as if—\n(a) it were the exercise of a function under part 14 (Enforcement)\nby an authorised person or a person assisting an authorised\nperson; and\n(b) all other necessary changes, including changes prescribed by\nregulation, were made.\n(8) In this section:\n\nCivil protection of heritage Part 12\n","sortOrder":98},{"sectionNumber":"68","sectionType":"section","heading":"Application for heritage order","content":"68 Application for heritage order\n(1) An application for a heritage order may be made to the Supreme Court\nby—\n(a) the council on behalf of the Territory; or\n(b) someone else with the court’s leave.\n(2) The Supreme Court may grant leave under subsection (1) (b) only if\nsatisfied that—\n(a) the person has asked the council to apply for a heritage order\nand the council has failed to do so within a reasonable time; and\n(b) it is in the public interest that the proceeding be brought.\n","sortOrder":99},{"sectionNumber":"69","sectionType":"section","heading":"Heritage order","content":"69 Heritage order\n(1) This section applies if, on an application under section 68, the\nSupreme Court is satisfied that—\n(a) the respondent has contravened, is contravening or is likely to\ncontravene a defined offence provision; and\n(b) an order under this section is necessary to avoid material harm\nto the heritage significance of a place or object.\n(2) The Supreme Court may make an order (a heritage order)—\n(a) restraining the respondent from contravening the defined\noffence provision (including an order requiring the respondent\nto do something); and\n(b) about anything else the court considers appropriate for giving\neffect to the order.\n\ndefined offence provision means any of the following:\n(a) section 55 (Restricted information not to be published without\napproval);\n(b) section 65 (Contravention of heritage direction—offence);\n(c) section 67C (Offence—fail to comply with repair damage\ndirection);\n(d) section 74 (Diminishing heritage significance of place or\nobject);\n(e) section 75 (Damaging Aboriginal place or object);\n(f) section 96 (Contravention of information discovery order).\n","sortOrder":100},{"sectionNumber":"70","sectionType":"section","heading":"Interim heritage order","content":"70 Interim heritage order\nThe Supreme Court may make an interim heritage order under\nsection 69 before deciding an application for a heritage order.\n","sortOrder":101},{"sectionNumber":"71","sectionType":"section","heading":"Costs","content":"71 Costs\nIn deciding the amount of any costs to be awarded against a party to\na proceeding under section 69, the Supreme Court must consider the\npublic interest in the proceeding being brought.\n","sortOrder":102},{"sectionNumber":"72","sectionType":"section","heading":"Security for costs etc","content":"72 Security for costs etc\nThe Supreme Court may order an applicant for a heritage order to\ngive—\n(a) security for the payment of costs that may be awarded against\nthe applicant if the application is subsequently dismissed; or\n(b) an undertaking about the payment of any amount that may be\nawarded against the applicant under section 73.\n\nCivil protection of heritage Part 12\n","sortOrder":103},{"sectionNumber":"73","sectionType":"section","heading":"Respondent’s loss etc in relation to heritage order","content":"73 Respondent’s loss etc in relation to heritage order\nproceedings\n(1) This section applies if, on an application for a heritage order claiming\na contravention of a defined offence provision, the Supreme Court is\nsatisfied that—\n(a) there has not been a contravention of the provision by the\nrespondent; and\n(b) the respondent has suffered loss or damage because of the\nmaking of the application; and\n(c) in the circumstances it is appropriate to make an order under this\n(2) The court may, on the application of the respondent, and in addition\nto any order about costs, order the applicant to pay the respondent an\namount, decided by the court, to compensate the respondent for the\nloss or damage suffered by the respondent.\ndefined offence provision—see section 69 (3).\n\n","sortOrder":104},{"sectionNumber":"74","sectionType":"section","heading":"Diminishing heritage significance of place or object","content":"74 Diminishing heritage significance of place or object\n(a) engages in conduct that diminishes the heritage significance of\na place or object; and\n(b) is reckless about whether the conduct would diminish the\nheritage significance of the place or object.\n(2) A person commits an offence if the person—\n(a) engages in conduct that diminishes the heritage significance of\na place or object; and\n(b) is negligent about whether the conduct would diminish the\nheritage significance of the place or object.\n(3) A person commits an offence if the person engages in conduct that\ndiminishes the heritage significance of a place or object.\n(4) An offence against subsection (3) is a strict liability offence.\nplace or object—\n(a) means a place or object that is registered; but\n(b) does not include an Aboriginal place or an Aboriginal object.\n\nHeritage offences Part 13\n","sortOrder":105},{"sectionNumber":"75","sectionType":"section","heading":"Damaging Aboriginal place or object","content":"75 Damaging Aboriginal place or object\n(a) engages in conduct that causes damage to an Aboriginal place\n(b) is reckless about whether the conduct would cause damage to\nthe Aboriginal place or object.\n(2) A person commits an offence if the person—\n(a) engages in conduct that causes damage to an Aboriginal place\n(b) is negligent about whether the conduct would cause damage to\nthe Aboriginal place or object.\n(3) A person commits an offence if the person engages in conduct that\ncauses damage to an Aboriginal place or object.\n(4) An offence against subsection (3) is a strict liability offence.\ncause damage includes disturb and destroy.\n","sortOrder":106},{"sectionNumber":"76","sectionType":"section","heading":"Exceptions to part 13 offences","content":"76 Exceptions to part 13 offences\n(1) In this section:\nauthorised—see the Legislation Act, section 121 (6).\nconservation officer—see the Nature Conservation Act 2014,\ndictionary.\n\ngovernmental officer means—\n(a) a public servant or conservation officer; or\n(b) a person declared under subsection (3) to be a governmental\nofficer.\n(2) Section 74 and section 75 do not apply to—\n(a) engaging in conduct in accordance with any of the following:\n(i) a heritage guideline;\n(ii) a heritage direction;\n(iii) a repair damage direction;\n(iv) a heritage agreement;\n(v) a conservation management plan approved by the council;\n(vi) development approval under the Planning Act 2023,\nchapter 7;\n(vii) an excavation permit;\n(viii) a statement of heritage effect approved by the council; or\n(b) a governmental officer exercising a function for this Act or\nanother territory law or engaging in authorised conduct.\n(3) The Minister may declare a person to be a governmental officer.\n(4) A declaration is a notifiable instrument.\n\nGeneral Division 14.1\n","sortOrder":107},{"sectionNumber":"Div 14","sectionType":"division","heading":"1 General","content":"Division 14.1 General\n","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Definitions for pt 14","content":"77 Definitions for pt 14\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\nNote The dictionary defines premises as including land.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\n\n","sortOrder":109},{"sectionNumber":"78","sectionType":"section","heading":"Appointment of authorised people","content":"78 Appointment of authorised people\nThe director-general may appoint a public servant to be an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Identity cards","content":"79 Identity cards\n(1) The director-general must give each authorised person an identity\ncard that states the person’s name and appointment as an authorised\nperson, and shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed under the regulations.\n(2) A person commits an offence if—\n(a) the person ceases to be an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable (but within 7 days) after\nthe day the person ceases to be an authorised person.\nMaximum penalty: 1 penalty unit.\n(3) An offence against this section is a strict liability offence.\n\n","sortOrder":111},{"sectionNumber":"80","sectionType":"section","heading":"Power to enter premises","content":"80 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any reasonable time, enter premises to—\n(i) inspect a place or object that is registered, or nominated for\nprovisional registration; or\nNote A registered place or object includes a provisionally\nregistered place or object (see s 11).\n(ii) give a heritage direction to—\n(A) the person to whom the direction is given; or\n(B) the owner or occupier; or\n(iii) give a repair damage direction to—\n(A) the person to whom the direction is given; or\n(B) the owner or occupier; or\n(c) at any time, enter premises with the occupier’s consent; or\n(d) at any time, enter premises if the authorised person believes, on\nreasonable grounds, that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary; or\n(e) enter premises in accordance with a search warrant.\n(2) However, subsections (1) (a) and (1) (b) do not authorise entry into a\npart of the premises that is being used only for residential purposes.\n\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) for subsection (1) (a), (b) or (c)—enter the premises with\nnecessary assistance; and\n(b) for subsection (1) (d)—enter the premises with necessary\nassistance and force.\nNote A search warrant to enter premises, issued under this Act, permits an\nauthorised person to enter premises with any necessary assistance and\nforce.\n","sortOrder":112},{"sectionNumber":"81","sectionType":"section","heading":"Production of identity card","content":"81 Production of identity card\nAn authorised person and any other person other than a police officer\nwho is accompanying the authorised person may not remain at\npremises entered under this part if the authorised person does not\nproduce the authorised person’s identity card when asked by the\noccupier.\n\n","sortOrder":113},{"sectionNumber":"82","sectionType":"section","heading":"Consent to entry","content":"82 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 80 (1) (c), an authorised person must—\n(a) produce the authorised person’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":114},{"sectionNumber":"83","sectionType":"section","heading":"General powers on entry to premises","content":"83 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, or audio, video or other recordings);\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n\n","sortOrder":115},{"sectionNumber":"84","sectionType":"section","heading":"Power to seize things","content":"84 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied, on reasonable grounds, that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied, on reasonable grounds, that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":116},{"sectionNumber":"85","sectionType":"section","heading":"Power to require name and address","content":"85 Power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand home address if the authorised person suspects, on reasonable\ngrounds, that the person is committing, is about to commit, or has\ncommitted, an offence against this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n(2) If an authorised person makes a requirement of a person under\nsubsection (1), the authorised person must—\n(a) tell the person the reasons for the requirement; and\n(b) as soon as practicable, record the reasons.\n(3) A person commits an offence if the person contravenes a requirement\nunder subsection (1).\nMaximum penalty: 10 penalty units.\n(4) However, a person is not required to comply with a requirement under\nsubsection (1) if, when asked by the person, the authorised person\ndoes not produce the authorised person’s identity card for inspection\nby the person.\n(5) An offence against subsection (3) is a strict liability offence.\n\nSearch warrants Division 14.4\n","sortOrder":117},{"sectionNumber":"86","sectionType":"section","heading":"Warrants generally","content":"86 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue,\nwhen the warrant ends.\n\n","sortOrder":118},{"sectionNumber":"87","sectionType":"section","heading":"Warrants—application made other than in person","content":"87 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio,\nemail, letter or other form of communication if the authorised person\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\nperson—\n(a) the magistrate must—\n(i) tell the authorised person what the terms of the warrant are;\nand\n(ii) tell the authorised person the date and time the warrant was\nissued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\nSearch warrants Division 14.4\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":119},{"sectionNumber":"88","sectionType":"section","heading":"Search warrants—announcement before entry","content":"88 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to the person.\n\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes, on reasonable grounds, that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":120},{"sectionNumber":"89","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"89 Details of search warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":121},{"sectionNumber":"90","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"90 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\nReturn and forfeiture of things seized Division 14.5\n","sortOrder":122},{"sectionNumber":"91","sectionType":"section","heading":"Receipt for things seized","content":"91 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised person\nunder this part, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously\nat the place of seizure under section 84 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":123},{"sectionNumber":"92","sectionType":"section","heading":"Moving things to another place for examination or","content":"92 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes, on reasonable grounds, that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":124},{"sectionNumber":"93","sectionType":"section","heading":"Access to things seized","content":"93 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\nReturn and forfeiture of things seized Division 14.5\n","sortOrder":125},{"sectionNumber":"94","sectionType":"section","heading":"Return of things seized","content":"94 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within 1 year after the day of the seizure; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within 1 year after the day of the seizure but the\ncourt does not find the offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an infringement notice is not laid in the Magistrates Court\nagainst the person for the offence within 60 days after the\nday notice is given under section 132 that liability is\ndisputed; or\n(ii) the Magistrates Court does not find the offence proved.\n\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":126},{"sectionNumber":"95","sectionType":"section","heading":"Information discovery order","content":"95 Information discovery order\n(1) This section applies if the council has reasonable grounds for\nsuspecting that a person—\n(a) has information (the required information) reasonably required\nby the council for the administration or enforcement of this Act;\nor\n(b) has possession or control of a document containing the required\ninformation.\n(2) The council may give the person an order (an information discovery\norder) requiring the person to give the information, or produce the\ndocument, to the council.\n(3) The information discovery order must be in writing and must include\nparticulars of the following:\n(a) the identity of the person to whom it is given;\n(b) why the information is required;\n(c) the time by which the order must be complied with;\n(d) the operation of section 96.\n(4) A person does not incur any civil or criminal liability only because\nthe person gives information, or produces a document, to the council\nin accordance with an information discovery order.\n\nMiscellaneous Division 14.6\n(5) The council must return a document produced in accordance with an\ninformation discovery order to the person who produced the\ndocument as soon as practicable.\n","sortOrder":127},{"sectionNumber":"96","sectionType":"section","heading":"Contravention of information discovery order","content":"96 Contravention of information discovery order\nA person commits an offence if the person intentionally contravenes\na requirement of an information discovery order.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and legal professional privilege.\n","sortOrder":128},{"sectionNumber":"97","sectionType":"section","heading":"Damage etc to be minimised","content":"97 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncause as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves, on reasonable grounds, is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n","sortOrder":129},{"sectionNumber":"98","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"98 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) the council; or\n\n(b) an authorised person; or\n(c) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) The regulations may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nHeritage agreements Part 15\n","sortOrder":130},{"sectionNumber":"99","sectionType":"section","heading":"Heritage agreement with Minister","content":"99 Heritage agreement with Minister\n(1) The Minister may enter into an agreement (a heritage agreement)\nwith a person in relation to the conservation of the heritage\nsignificance of a place or object.\n(2) A heritage agreement may only be made in accordance with the\ncouncil’s advice and with—\n(a) the owner of the place or object; or\n(b) if the owner consents—someone else.\n(3) A heritage agreement may be made in relation to a place or object,\nwhether or not it is registered.\n(4) The regulations may provide that a stated territory law does not apply\nto—\n(a) a place to which a heritage agreement applies; or\n(b) a place where there is an object to which a heritage agreement\napplies.\n","sortOrder":131},{"sectionNumber":"100","sectionType":"section","heading":"Provisions of heritage agreement","content":"100 Provisions of heritage agreement\nA heritage agreement may include provisions about 1 or more of the\nfollowing:\n(a) conservation of the place or object;\n(b) provision of financial, technical or other professional advice or\nassistance needed for the conservation of the place or object;\n(c) review of the valuation of the place or object;\n(d) restrictions on the use of the place or object;\n(e) requirements to carry out work;\n\n(f) standards to which any work is to be carried out;\n(g) restrictions on work that may be carried out;\n(h) public appreciation of the heritage significance of the place or\n(i) availability of the place or object for public inspection.\n","sortOrder":132},{"sectionNumber":"101","sectionType":"section","heading":"Amending or ending heritage agreement","content":"101 Amending or ending heritage agreement\nThe Minister may, on the council’s advice, amend or end a heritage\nagreement—\n(a) by agreement with the owner of the place or object; or\n(b) in accordance with the original agreement.\n","sortOrder":133},{"sectionNumber":"102","sectionType":"section","heading":"Period of heritage agreement","content":"102 Period of heritage agreement\nA heritage agreement begins and ends on the dates stated in the\nagreement.\n","sortOrder":134},{"sectionNumber":"103","sectionType":"section","heading":"Binding nature of heritage agreement","content":"103 Binding nature of heritage agreement\n(1) A heritage agreement attaches to the land where the place or object is\nlocated and is binding on the owner of the land for the time being.\n(2) The Minister must lodge a copy of each heritage agreement, and of\nany agreement to vary or end a heritage agreement, with the\nregistrar-general for registration under the Land Titles Act 1925.\n(3) The Minister must ensure as far as is practicable that the copy of the\nagreement is lodged with the registrar-general in registrable form.\nNote The Land Titles Act 1925 provides for the registrar-general to register an\nagreement mentioned in s (2) under that Act (see s 48).\n\nHeritage agreements Part 15\n","sortOrder":135},{"sectionNumber":"104","sectionType":"section","heading":"Enforcement order","content":"104 Enforcement order\n(1) A party to a heritage agreement may apply to the Supreme Court for\nan enforcement order to give effect to the agreement if—\n(a) someone contravenes the agreement; or\n(b) there are reasonable grounds for believing that someone may\ncontravene the agreement.\nNote Contravene includes fails to comply with (see Legislation Act,\ndict, pt 1).\n(2) The council must enter details of an enforcement order in the heritage\nregister as soon as possible after the order is made.\n","sortOrder":136},{"sectionNumber":"105","sectionType":"section","heading":"Financial and other assistance","content":"105 Financial and other assistance\nThe council may arrange for the provision of financial, technical or\nother assistance that the council considers necessary or desirable for\nthe conservation of a place or object subject to a heritage agreement.\n\n","sortOrder":137},{"sectionNumber":"Part 16","sectionType":"part","heading":"Heritage and public sector","content":"Part 16 Heritage and public sector\nbodies\n","sortOrder":138},{"sectionNumber":"107","sectionType":"section","heading":"Heritage places and heritage objects for which public","content":"107 Heritage places and heritage objects for which public\nsector body responsible\nFor this part, a place or object is a heritage place or heritage object\nfor which a public sector body is responsible if—\n(a) the place or object—\n(i) is vested in, or subject to the control of, the body; or\n(ii) is owned by the body; and\n(b) the place or object—\n(i) is registered; or\n(ii) although not registered, meets 1 or more heritage\nsignificance criteria; or\n(iii) is an Aboriginal place or object.\n","sortOrder":139},{"sectionNumber":"108","sectionType":"section","heading":"Heritage reports","content":"108 Heritage reports\n(1) A public sector body must give the council a written report (a heritage\nreport) for a heritage reporting period if the body was responsible for\na heritage place or object at any time during the period.\n(2) A heritage report must include—\n(a) details about each heritage place or object for which the body\nwas responsible during the reporting period; and\n(b) if the body disposed of a heritage place or object during the\nreporting period—details about the disposal of the place or\n(c) any other information prescribed by regulation.\n\nHeritage and public sector bodies Part 16\n(3) However, a heritage report does not need to include details about a\nheritage place or object if—\n(a) details about the place or object were included in a previous\nheritage report to the council; and\n(b) since the previous heritage report—\n(i) the details about the place or object have not changed; and\n(ii) the place or object was not disposed of by the body.\n(4) A regulation may prescribe information that may, or must not, be\nincluded in a heritage report.\n(5) A heritage report must be given to the council by the heritage\nreporting day.\nheritage reporting day, for a heritage report, means the day that is\n1 month after the end of the heritage reporting period to which the\nreport relates.\nheritage reporting period means a period of 3 years beginning on\n1 July 2014, and each successive 3-year period.\n","sortOrder":140},{"sectionNumber":"109","sectionType":"section","heading":"Assessment of heritage reports by council","content":"109 Assessment of heritage reports by council\n(1) If the council is given a heritage report by a public sector body, the\ncouncil must review the report and give—\n(a) the body, in writing—\n(i) any comments about the report; and\n(ii) any recommendations relating to the conservation of a\nheritage place or object mentioned in the report; and\n\n(b) the Minister a written summary of the report and the council’s\ncomments and recommendations (if any) on the report.\nNote The council’s comments, recommendations and summary must be given\nas soon as possible (see Legislation Act, s 151B).\n(2) If the council makes a recommendation under subsection (1) (a) (ii),\nthe council may monitor the implementation of the recommendation.\n","sortOrder":141},{"sectionNumber":"109A","sectionType":"section","heading":"Public reporting","content":"109A Public reporting\n(1) A public sector body must include information about the following in\na report prepared by the body under the Annual Reports (Government\nAgencies) Act 2004:\n(a) any action taken by the body in response to a council comment\nor recommendation;\n(b) any council comment or recommendation about which the body\ndid not take action and the reasons for not taking action.\ncouncil comment or recommendation means a comment or\nrecommendation made by the council under section 109.\n","sortOrder":142},{"sectionNumber":"110","sectionType":"section","heading":"Conservation management plan","content":"110 Conservation management plan\n(1) The council or the Minister, may, in writing—\n(a) direct a public sector body to prepare a conservation\nmanagement plan for a heritage place or object for which the\nbody is responsible; and\n(b) state a date, at least 1 month after the day the direction is given\nfor completion of the plan (the completion date).\n\nHeritage and public sector bodies Part 16\n(2) If a public sector body is given a direction under subsection (1), the\nbody must—\n(a) draft the plan; and\n(b) ensure the plan complies with any requirements prescribed by\nregulation for a conservation management plan; and\n(c) give the completed plan to the council by the completion date.\n(3) If the council is satisfied that a conservation management plan\nadequately manages a threat, or potential threat, to a heritage place or\nobject the council—\n(a) may, in writing, approve the plan; and\n(b) if the council approves the plan—must, in writing, tell the public\nsector body—\n(i) that it has approved the plan; and\n(ii) the date the plan was approved (the approval date).\n(4) If the council is not satisfied that a conservation management plan\nadequately manages a threat, or potential threat, to a heritage place or\nobject the council must, in writing—\n(a) refuse to approve the plan; and\n(b) tell the public sector body responsible for the plan the reasons\nwhy the council is not satisfied with the plan; and\n(c) state a new completion date for the plan.\n(5) The council must tell the public sector body about the council’s\ndecision under subsection (3) or (4) as far as practicable within\n15 working days after making the decision.\n(6) The public sector body responsible for a plan that is not approved\nunder subsection (4) must take into account the council’s reasons for\nnot approving the plan, and give a revised plan to the council by the\ncompletion date stated under subsection (4) (c).\n\n(7) A public sector body must comply, and promote compliance by other\nentities, with a conservation management plan approved under this\n(8) The council or Minister must not give a direction to a public sector\nbody under subsection (1) in relation to a heritage place or object if—\n(a) a direction has been given under subsection (1) in relation to the\nplace or object and the council has not yet approved a\nconservation management plan for the place or object; or\n(b) a conservation management plan for the place or object has been\napproved by the council within the previous 5 years.\n\nNotification and review of decisions Part 17\n","sortOrder":143},{"sectionNumber":"Part 17","sectionType":"part","heading":"Notification and review of","content":"Part 17 Notification and review of\ndecisions\n","sortOrder":144},{"sectionNumber":"111","sectionType":"section","heading":"Meaning of reviewable decision","content":"111 Meaning of reviewable decision\nIn this Act:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":145},{"sectionNumber":"112","sectionType":"section","heading":"Meaning of decision-maker—pt 17","content":"112 Meaning of decision-maker—pt 17\ndecision-maker, for a reviewable decision, means an entity\nmentioned in schedule 1, column 4 for the decision.\n","sortOrder":146},{"sectionNumber":"113","sectionType":"section","heading":"Reviewable decision notices","content":"113 Reviewable decision notices\nIf a decision-maker makes a reviewable decision, the decision-maker\nmust give a reviewable decision notice to each interested person for\nthe decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":147},{"sectionNumber":"114","sectionType":"section","heading":"Applications for review","content":"114 Applications for review\nAn interested person for a reviewable decision may apply to the\nACAT for a review of the decision.\n\nPart 17 Notification and review of decisions\n","sortOrder":148},{"sectionNumber":"114A","sectionType":"section","heading":"Stay of decision under review","content":"114A Stay of decision under review\n(a) the council makes a decision under section 40 (Decision about\nregistration) or section 49 (Decision about cancellation\nproposal); and\n(b) an interested person for the decision applies to the ACAT for a\nreview of the decision.\n(2) The decision is stayed until the review, or an appeal to a court arising\nfrom the review—\n(a) has been finally decided; and\n(b) the final decision on the review, or appeal arising from the\nreview, is consistent with the council’s decision.\n\n","sortOrder":149},{"sectionNumber":"116","sectionType":"section","heading":"Criminal liability of executive officers","content":"116 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nrelevant offence means an offence against any of the following:\n(a) section 65 (Contravention of heritage direction—offence);\n(b) section 67C (Offence—fail to comply with repair damage\ndirection);\n(c) section 74 (Diminishing heritage significance of place or\nobject);\n(d) section 75 (Damaging Aboriginal place or object).\n\n","sortOrder":150},{"sectionNumber":"117","sectionType":"section","heading":"Service of documents on council","content":"117 Service of documents on council\nA document may be given to the council by giving it to the\ndirector-general.\nNote 1 For how documents may be given generally, see the Legislation Act,\npt 19.5.\nNote 2 The director-general may delegate the function under this section, for\nexample, to the council secretary (see Public Sector Management\nAct 1994, s 20).\n","sortOrder":151},{"sectionNumber":"118","sectionType":"section","heading":"Legal immunity for council members etc","content":"118 Legal immunity for council members etc\n(1) This section applies to someone who is, or has been, a member of the\ncouncil or an authorised person.\n(2) A civil proceeding does not lie against the person in relation to\nanything done or omitted to be done honestly by the person in the\nexercise or purported exercise of a function under this Act.\n(3) Subsection (2) does not affect any liability the Territory would have\nfor the act or omission apart from that subsection.\n","sortOrder":152},{"sectionNumber":"118A","sectionType":"section","heading":"Council may ask for information from commissioner for","content":"118A Council may ask for information from commissioner for\nrevenue in certain cases\n(a) the council—\n(i) may, or must, give notice to a person under this Act; or\n(ii) intends taking action under this Act which affects a person;\nand\n(b) the person is an uncontactable person.\n\n(2) The council may, in writing, ask the commissioner for revenue for\neither of the following:\n(a) the person’s name;\n(b) the person’s home address or other contact address.\n(3) The commissioner for revenue must provide the council with the\ninformation requested in accordance with subsection (2).\nNote See also the Taxation Administration Act 1999, s 97 (1) (d) for power to\ndisclose the information.\nuncontactable person means a person for whom the council does not\nhave, or only has incomplete or outdated information about—\n(a) the person’s name; or\n(b) the person’s address.\n","sortOrder":153},{"sectionNumber":"118B","sectionType":"section","heading":"Council may ask for information about leases from","content":"118B Council may ask for information about leases from\ncommissioner for revenue\n(1) The council may, in writing, ask the commissioner for revenue for the\nfollowing information in relation to a lease:\n(a) the lessee’s name;\n(b) the lessee’s home address or other contact address.\nNote 1 The Territory privacy principles apply to the council (see Information\nPrivacy Act 2014, sch 1).\nNote 2 The council may ask the commissioner for information in relation to more\nthan 1 lease at a time. Words in the singular include the plural (see\nLegislation Act, s 145 (b)).\n(2) The commissioner for revenue must disclose the information required\nin a request made in accordance with subsection (1).\nNote See also the Taxation Administration Act 1999, s 97 (1) (d) for power to\ndisclose the information.\n\n(3) The council must not—\n(a) make a request under subsection (1) in relation to a lease more\noften than—\n(i) once every 3 months; or\n(ii) if a regulation prescribes a longer period—once each\nperiod; and\n(b) use the information provided by the commissioner for revenue\nabout a lessee other than—\n(i) for giving notice to the lessee under this Act; or\n(ii) to take action under this Act which affects the lessee.\n(4) Nothing in this section prevents the council from asking for\ninformation under section 118A.\nlease—see the Planning Act 2023, section 257.\nlessee—see the Planning Act 2023, section 256.\n","sortOrder":154},{"sectionNumber":"119","sectionType":"section","heading":"Approved forms","content":"119 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":155},{"sectionNumber":"120","sectionType":"section","heading":"Determination of fees","content":"120 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":156},{"sectionNumber":"121","sectionType":"section","heading":"Delegation","content":"121 Delegation\nThe council may delegate the council’s functions under this Act or\nanother territory law to the director-general.\nNote 1 For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\nNote 2 The director-general may subdelegate a function delegated to the\ndirector-general under this section (see Public Sector Management\nAct 1994, s 20).\n","sortOrder":157},{"sectionNumber":"122","sectionType":"section","heading":"Regulation-making power","content":"122 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\n","sortOrder":158},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 17)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\ndecision-maker\n1 40 register, or not register, place or object council\n2 49 to cancel, or not cancel, registration of\nplace or object\n3 56 to approve, or not approve, publication of\nrestricted information\n4 62 to make, or not make, heritage direction council\n5 62 revoke, or not revoke, heritage direction council\n6 67A give a repair damage direction council\n7 67B refuse to give extension of time to comply\nwith repair damage direction\n8 95 give information discovery order council\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• chief planner\n• commissioner for revenue\n• conservator of flora and fauna\n• director-general (see s 163)\n• entity\n• exercise\n• function\n• home address\n• interest\n• Minister (see s 162)\n• national capital authority\n• notification\n• public sector body\n• reviewable decision notice\n• territory land\n• territory law\n• territory planning authority\n• working day.\nAboriginal cultural tree, for part 10A (Tree damaging activity etc)—\nsee the Urban Forest Act 2023, dictionary.\nAboriginal object—see section 9.\nAboriginal place—see section 9.\n\nAboriginal tradition means Aboriginal tradition, observance, custom\nor belief, including Aboriginal tradition, observance, custom or belief\nthat has evolved or developed since European colonisation of\nAustralia.\nappeal, in relation to a reviewable decision, means an application to\nthe ACAT to review the decision.\nappeal period means the period within which an appeal may be made.\nat premises includes on the premises.\nauthorised person means a person appointed as an authorised person\nunder section 78.\ncancellation, for part 7 (Cancellation of registration)—see section 50.\ncancellation proposal—see section 43.\nconnected, for part 14 (Enforcement)—see section 77.\nconservation includes preservation, protection, maintenance,\nrestoration and reconstruction.\nconservation management plan means a plan that—\n(a) sets out the conservation measures that must be adopted for, and\nconditions on future use of, a place or object or Aboriginal place\nor object to conserve its heritage significance; and\n(b) identifies any threat, or potential threat, to the heritage\nsignificance of the place or object or Aboriginal place or object,\nand sets out a plan for management of the threats; and\n(c) includes the following information:\n(i) a description of the place or object or Aboriginal place or\n(ii) the history of the place or object or Aboriginal place or\n\n(iii) details about the heritage significance of the place or object\nor Aboriginal place or object;\n(iv) any other matter prescribed by regulation.\nconservation requirement means a requirement under any heritage\nguideline that applies, directly or indirectly, to conservation of the\nheritage significance of a place or object.\nconservator means the conservator of flora and fauna.\nconsultation notice—see section 26.\ncouncil means the Australian Capital Territory Heritage Council\nestablished under section 16.\ncultural heritage significance—see section 10B.\ndecision-maker—\n(a) for part 10A (Tree damaging activity etc)—see the Urban\nForest Act 2023, dictionary; and\n(b) for part 17 (Notification and review of decisions)—see\nsection 112.\ndevelopment, for part 10 (Land development applications)—see\nsection 58.\nenforcement order means an order under section 104.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nexcavation application—see section 61E.\nexcavation permit—see section 61F.\nheritage agreement—see section 99.\n\nheritage decision means a decision under—\n(a) section 32 (Decision about provisional registration); or\n(b) section 40 (Decision about registration); or\n(c) section 49 (Decision about cancellation proposal).\nheritage direction—see section 62.\nheritage guidelines—see section 25.\nheritage object, for which a public sector body is responsible—see\nsection 107.\nheritage order—see section 69.\nheritage place, for which a public sector body is responsible—see\nsection 107.\nheritage report—see section 108.\nheritage register—see section 20.\nheritage significance—see section 10.\nheritage significance criteria—see section 10.\ninformation discovery order—see section 95.\ninterested person—see section 13.\nnatural heritage significance—see section 10A.\nnominated, place or object, means a place or object the subject of a\nnomination application that is—\n(a) accepted by the council under section 29 (2) (b) (ii); and\n(b) not dismissed by the council under section 30A (3) (a).\nNote 1 A nominated place or object is eligible to be considered for provisional\nregistration, but is not yet provisionally registered under s 32.\nNote 2 A place or object is taken to be a nominated place or object under s 36.\nnomination application—see section 28.\n\nobject—see section 8.\noccupier, for part 14 (Enforcement)—see section 77.\noffence, for part 14 (Enforcement)—see section 77.\nowner, of a place, means—\n(a) the registered proprietor of a lease granted under the Planning\nAct 2023 over land that includes the place; or\n(b) a unit owner within the meaning of the Unit Titles Act 2001, if\nthe lease of the unit is over land that includes the place; or\n(c) an owners corporation within the meaning of the Unit Titles\n(Management) Act 2011, if the common property covers land\nthat includes the place.\npartial cancellation, for part 7 (Cancellation of registration)—see\nsection 50.\nplace—see section 8.\nprecinct means an area that contains buildings, structures or other\nconstructed features that—\n(a) are spatially or thematically connected; and\n(b) have a distinct identity; and\n(c) are located in, or make up, a discernable zone.\nExample—precinct\n1 a brick furnace, chimney and adjoining clay quarry\n2 a powerhouse with adjoining railway track and rail yard\n3 a homestead with associated structures, sheds and surrounding property\npremises includes land.\npublic consultation period—\n(a) for division 6.2 (Registration)—see section 37; and\n(b) for part 7 (Cancellation of registration)—see section 46.\n\nregister amendment application—see section 24 (3).\nregistered—see section 11.\nregistered proprietor, of a lease, means the person registered under\nthe Land Titles Act 1925 as the proprietor of the lease.\nregistration details—see section 12.\nrepair damage direction—see section 67A (2).\nrepresentative Aboriginal organisation—see section 14.\nrestricted information means information declared to be restricted\ninformation under section 54 (Declaration of restricted information).\nreviewable decision—see section 111.\nscientific committee—see the Nature Conservation Act 2014,\ndictionary.\nstatement of heritage effect—see section 61G.\ntree damaging activity, for part 10A (Tree damaging activity etc)—\nsee section 61A.\ntree management plan, for part 10A (Tree damaging activity etc)—\nsee the Urban Forest Act 2023, dictionary.\nurgent provisional registration application—see section 30.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":159},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nHeritage Act 2004 A2004-57\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\nremainder commenced 9 March 2005 (s 2 and LA s 79)\nas amended by\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.27\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.27 commenced 2 June 2005 (s 2 (1))\nTree Protection Act 2005 A2005-51 sch 1 pt 1.2\nnotified LR 29 September 2005\ns 1, s 2 commenced 29 September 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 March 2006 (s 2 and LA s 79)\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 1 pt 1.2, sch 3\npt 3.19\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 1 pt 1.2, sch 3 pt 3.19 commenced 11 July 2007 (s 2 (1))\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.17\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.17 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.29\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.29 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.41\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.41 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.38\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.38 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.80\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.80 commenced 1 July 2011 (s 2 (1))\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.4\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.4 commenced 30 March 2012 (s 2 and CN2012-6)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.23\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\namdt 3.86, amdt 3.87 commenced 5 June 2012 (s 2 (2))\nsch 3 pt 3.23 remainder commenced 5 June 2012 (s 2 (1))\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.5\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.5 commenced 22 February 2013 (s 2)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.11\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.11 commenced 10 June 2014 (s 2 (1))\nHeritage Legislation Amendment Act 2014 A2014-43 pt 2\nnotified LR 3 October 2014\ns 1, s 2 commenced 3 October 2014 (LA s 75 (1))\npt 2 commenced 4 October 2014 (s 2 (1))\n\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.8\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.8 commenced 11 June 2015 (s 2 (1) and LA s 79)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.35\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.35 commenced 14 October 2015 (s 2)\nAct 2016 (No 2) A2016-24 pt 7\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 7 commenced 12 May 2016 (s 2 (1))\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.11\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.11 commenced 21 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.35\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.35 commenced 1 September 2016 (s 2)\nAct 2017 (No 2) A2017-20 pt 7\nnotified LR 15 June 2017\ns 1, s 2 commenced 15 June 2017 (LA s 75 (1))\npt 7 commenced 16 June 2017 (s 2)\nAct 2018 A2018-18 pt 3\nnotified LR 16 May 2018\ns 1, s 2 commenced 16 May 2018 (LA s 75 (1))\npt 3 commenced 17 May 2018 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.21\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.21 commenced 23 October 2018 (s 2 (4))\nHeritage Amendment Act 2020 A2020-3\nnotified LR 25 February 2020\ns 1, s 2 commenced 25 February 2020 (LA s 75 (1))\nremainder commenced 26 February 2020 (s 2)\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.3\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 September 2020 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.22\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.22 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.33\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.33 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.3\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nPlanning and Environment Legislation Amendment Act 2024\nA2024-21 pt 4\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 4 commenced 31 May 2024 (s 2 (1))\n\nHeritage Amendment Act 2024 A2024-32\nnotified LR 9 July 2024\ns 1, s 2 commenced 9 July 2024 (LA s 75 (1))\nremainder commenced 10 July 2024 (s 2)\nHeritage and Planning Legislation Amendment Act 2025 A2025-15\npt 2\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 2 commenced 2 June 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.47, sch 4\npt 4.92\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.47, sch 4 pt 4.92 commenced 16 November 2025\n(s 2 (1), (9))\n\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 3 am A2014-43 s 4, s 5\nExercise of functions under Act\ns 3A ins A2005-51 amdt 1.3\nom A2014-43 s 6\nins A2014-43 s 5\nRegistration of urban tree\ns 3B ins A2014-43 s 6\nam A2023-52 amdt 1.5\nApplication of Act to Emergencies Act 2004\ns 7 am A2012-21 amdt 3.86, amdt 3.87\nsub A2016-33 amdt 1.28\nam A2020-47 amdts 1.6-1.8; pars renum R29 LA\nMeaning of object and place\ns 8 sub A2014-43 s 7\nMeaning of Aboriginal object and Aboriginal place\ns 9 sub A2014-43 s 7\nMeaning of heritage significance\ns 10 sub A2014-43 s 7\nam A2016-24 s 24\nMeaning of natural heritage significance\ns 10A ins A2014-43 s 7\nMeaning of cultural heritage significance\ns 10B ins A2014-43 s 7\nMeaning of registered\ns 11 hdg sub A2014-43 s 8\nMeaning of registration details\ns 12 hdg sub A2014-43 s 9\nMeaning of interested person\ns 13 am A2007-16 amdt 1.3\nsub A2014-43 s 10\nam A2016-24 s 44, s 45; A2020-3 s 4; pars renum R28 LA;\nA2023-36 amdt 1.166; A2025-29 amdt 3.155\n\nMeaning of representative Aboriginal organisation\ns 14 hdg sub A2014-43 s 11\ns 14 am A2012-21 amdts 3.88-3.90; A2014-43 s 12; A2015-33\namdt 1.106; ss renum R20 LA; A2025-29 amdt 4.92\nConservation management plan\ns 15 om A2014-43 s 13\nMembers of council\ns 17 am A2007-16 amdt 3.69; A2023-36 amdt 1.167; A2024-32\nss 4-6; ss renum R34 LA\nFunctions of council\ns 18 am A2007-16 amdt 3.70; A2007-25 amdt 1.72; A2023-36\namdt 1.168, amdt 1.169; A2025-29 amdt 3.158\nMinisterial statement of priorities\ns 18A ins A2024-21 s 19\nProcedures of council\ns 19 am A2023-36 amdt 1.170\nCouncil must consult scientific committee on matters affecting natural\nheritage significance\ns 19A hdg am A2014-59 amdt 2.29\ns 19A ins A2014-43 s 14\nam A2014-59 amdt 2.29\nEstablishment of heritage register\ns 20 am A2014-43 ss 15-17; pars renum R18 LA; A2020-3 s 5; pars\nrenum R28 LA; A2024-32 s 7\nPublic access to heritage register\ns 21 am A2012-21 amdt 3.91, amdt 3.92; A2025-29 amdt 4.92\nHeritage register corrections and changes\ns 24 sub A2014-43 s 18\nEffect of further registration decision about registered place or object\ns 24A ins A2014-43 s 18\nGuidelines about conserving heritage significance\ns 25 am A2007-25 amdt 1.73; A2012-21 amdt 3.93; A2014-43 s 19,\ns 20; A2025-29 amdt 4.92\nPublic consultation about heritage guidelines\ns 26 am A2014-43 s 21; A2015-33 amdt 1.107; ss renum R20 LA;\nA2016-24 ss 25-27, s 45, s 46; ss renum R21 LA; A2025-29\namdt 4.92\n\nPeriod for making heritage guidelines\ns 26A ins A2014-43 s 22\nam A2015-33 amdt 1.108; ss renum R20 LA\nReport to Minister about public consultation on heritage guidelines\ns 26B ins A2014-43 s 22\nam A2016-24 s 46\nMinister may require further consideration by council on heritage guidelines\ns 26C ins A2014-43 s 22\nHeritage guidelines revocation\ns 26D ins A2014-43 s 22\nNotification about heritage guidelines\ns 26E ins A2014-43 s 22\nApplication of heritage guidelines\ns 27 am A2020-3 s 6; pars renum R28 LA; A2023-36 amdt 1.171\nApplication for provisional registration of place or object—nomination\napplication\ns 28 sub A2014-43 s 23\nam A2024-32 s 8; A2025-29 amdt 4.92\nDecision about nomination application\ns 29 sub A2014-43 s 23; A2024-32 s 9\nRequest for urgent provisional registration\ns 30 sub A2014-43 s 23\nam A2016-24 ss 28-30; A2025-29 amdt 4.92\nChange to nominated place or object before provisional registration decision\ns 30A ins A2024-32 s 10\nCouncil must consult representative Aboriginal organisation\ns 31 sub A2014-43 s 23\nConsultation with scientific committee about provisional registration\ns 31A hdg am A2014-59 amdt 2.30\ns 31A ins A2014-43 s 23\nam A2014-59 amdt 2.30\nDecision about provisional registration\ns 32 sub A2014-43 s 23\nNotice of decision about provisional registration\ns 34 am A2014-43 ss 24-26; A2015-33 amdt 1.109; ss renum\nR20 LA; A2016-24 s 31; A2017-20 s 14\nPeriod of provisional registration\ns 35 sub A2014-43 s 27\nam A2015-33 amdt 1.110; ss renum R20 LA\n\nEnd of period of provisional registration without decision\ns 36 am A2012-21 amdt 3.94\nsub A2014-43 s 27\nPublic consultation about registration of place or object\ns 37 am A2014-43 s 28; A2016-24 s 32, s 45, s 46; ss renum\nR21 LA; A2025-29 amdt 4.92\nReport to Minister about public consultation\ns 38 am A2016-24 s 46\nMinister may require council to further consider issues related to registration\ns 39 sub A2014-43 s 29\nDecision about registration\ns 40 sub A2014-43 s 29\nam A2015-33 amdt 1.111; ss renum R20 LA\nRegistration of place or object\ns 41 om A2014-43 s 29\nNotice of decision about registration\ns 42 om A2014-43 s 30\nRegistration of place or object protected under Nature Conservation Act\ndiv 6.3 hdg ins A2014-43 s 31\nsub A2014-59 amdt 2.31\nRegistration of place or object under this Act limited if place or object\nalready protected under Nature Conservation Act 2014\ns 42A ins A2014-43 s 31\nsub A2014-59 amdt 2.31\nCancellation proposal\ns 43 sub A2014-43 s 32\nam A2016-24 s 44; A2025-29 amdt 4.92\nNotice of cancellation proposal\ns 44 am A2014-43 s 33, s 34; A2015-33 amdt 1.112; ss renum\nR20 LA\nConsultation with representative Aboriginal organisation about cancellation\nproposal\ns 45 sub A2014-43 s 35\nConsultation with scientific committee about cancellation proposal\ns 45A hdg am A2014-59 amdt 2.32\ns 45A ins A2014-43 s 36\nam A2014-59 amdt 2.32\n\nPublic consultation about cancellation proposal\ns 46 am A2014-43 s 37; A2016-24 s 33, s 45, s 46; ss renum\nR21 LA; A2025-29 amdt 4.92\nReport to Minister about public consultation\ns 47 sub A2014-43 s 38\nam A2016-24 s 46\nMinister may require council to further consider issues related to\ncancellation\ns 48 sub A2014-43 s 38\nDecision about cancellation proposal\ns 49 sub A2014-43 s 38\nam A2015-33 amdt 1.113; ss renum R20 LA; A2018-18 s 10\nPartial cancellation of registration of place or object\ns 50 sub A2007-16 amdt 1.4\nManagement of Aboriginal places and Aboriginal objects\npt 8 hdg sub A2014-43 s 39\nRepository for Territory-owned Aboriginal objects\ns 53A ins A2014-43 s 40\nDeclaration of repository\ns 53B ins A2014-43 s 40\nam A2022-14 amdt 3.115; A2025-29 amdt 4.92\nOwnership of Aboriginal objects on territory land\ns 53C ins A2014-43 s 40\nDeclaration of restricted information\ns 54 am A2014-43 s 41\nRestricted information not to be published without approval\ns 55 am A2025-29 amdt 3.158\nApproval to publish restricted information\ns 56 am A2025-29 amdt 4.92\nLimited access to restricted information\ns 57 sub A2016-24 s 34\nMeaning of development—pt 10\ns 58 sub A2007-25 amdt 1.74\nam A2023-36 amdt 1.172\n\nSimplified outline\ns 59 sub A2007-25 amdt 1.74\nam A2008-36 amdt 1.344\nsub A2023-36 amdt 1.173\nAdvice about effect of development on heritage significance\ns 60 am A2007-25 amdt 1.75\nam A2008-36 amdt 1.344; A2014-43 s 42;\nA2023-36 amdt 1.174\nRequirements for council’s advice about development\ns 61 sub A2007-25 amdt 1.76\nam A2014-18 amdt 3.47; A2014-43 s 43, s 44;\nA2023-36 amdt 1.175\nTree damaging activity etc\npt 10A hdg ins A2014-43 s 45\nDefinitions—pt 10A\ns 61A ins A2014-43 s 45\ndef Aboriginal cultural tree ins A2023-52 amdt 1.6\ndef Aboriginal heritage tree ins A2014-43 s 45\nom A2023-52 amdt 1.6\ndef decision-maker ins A2023-52 amdt 1.6\ndef tree damaging activity ins A2014-43 s 45\ndef tree management plan ins A2014-43 s 45\nAdvice about effect of tree damaging activity or tree management plan\ns 61B ins A2014-43 s 45\nam A2023-52 amdt 1.7, amdt 1.8\nRequirements for advice about tree damaging activity or tree management\nplan\ns 61C ins A2014-43 s 45\nam A2023-52 amdt 1.9, amdt 1.10\nEffect of advice about tree damaging activity or tree management plan\ns 61D ins A2014-43 s 45\nam A2023-52 amdts 1.11-1.14\nPermissions and approvals\npt 10B hdg ins A2014-43 s 45\nApplication to excavate\ns 61E ins A2014-43 s 45\nam A2016-24 s 35, s 36; A2025-29 amdt 4.92\n\nPermit to excavate\ns 61F ins A2014-43 s 45\nam A2016-24 s 37\nApplication for approval of statement of heritage effect\ns 61G ins A2014-43 s 45\nApproval of statement of heritage effect\ns 61H ins A2014-43 s 45\nCouncil may direct application for approval of statement of heritage effect\ns 61I ins A2014-43 s 45\nApplication for approval of conservation management plan\ns 61J ins A2014-43 s 45\nsub A2016-24 s 38\nApproval of conservation management plan\ns 61K ins A2014-43 s 45\nHeritage direction by council\ns 62 am A2007-25 amdt 1.77\nsub A2014-43 s 46\nam A2016-24 s 39; A2020-3 s 7; A2025-29 amdt 4.92\nService of heritage direction\ns 63 sub A2014-43 s 46\nExtension of heritage direction\ns 64 am A2014-43 s 47; A2020-3 s 8\nContravention of heritage direction—action by authorised person\ns 66 am A2014-43 ss 48-50; A2022-14 amdt 3.116\nRepair damage directions\npt 11A hdg ins A2020-3 s 9\nRepair damage direction by council\ns 67A ins A2020-3 s 9\nam A2023-36 amdt 1.176; A2025-29 amdt 4.92\nExtension of repair damage direction\ns 67B ins A2020-3 s 9\nOffence—fail to comply with repair damage direction\ns 67C ins A2020-3 s 9\nRepair of damage by Territory\ns 67D ins A2020-3 s 9\nHeritage order\ns 69 am A2020-3 s 10; pars renum R28 LA\n\nDiminishing heritage significance of place or object\ns 74 am A2014-43 s 51\nExceptions to part 13 offences\ns 76 am A2007-25 amdt 1.78; A2012-21 amdt 3.95; A2014-43 s 52;\nA2014-59 amdt 2.33; A2020-3 s 11; pars renum R28 LA;\nA2023-36 amdt 1.176; A2025-29 amdt 3.158, amdt 4.92\nAppointment of authorised people\ns 78 am A2011-22 amdt 1.248\nIdentity cards\ns 79 am A2011-22 amdt 1.248\nPower to enter premises\ns 80 am A2014-43 ss 53-55; A2020-3 s 12; A2022-14 amdt 3.116\nProduction of identity card\ns 81 am A2014-43 s 56; A2022-14 amdt 3.117\nProduction of identity card\ns 82 am A2014-43 ss 57-59; pars renum R18 LA; A2022-14\namdt 3.117\nPower to require name and address\ns 85 am A2009-49 amdt 3.87; A2014-43 s 60; A2022-14\namdt 3.117\nWarrants—application made other than in person\ns 87 am A2014-43 ss 61-63; A2018-33 amdt 1.39, amdt 1.40\nSearch warrants—announcement before entry\ns 88 am A2022-14 amdt 3.118\nReturn of things seized\ns 94 am A2005-20 amdts 3.164-3.166; A2011-22 amdt 1.248\nInformation discovery order\ns 95 am A2014-18 amdt 3.48\nHeritage agreement with Minister\ns 99 am A2025-29 amdt 3.158\nHeritage and public sector bodies\npt 16 hdg sub A2025-15 s 4\nMeaning of public authority for pt 16\ns 106 om A2025-15 s 5\nHeritage places and heritage objects for which public sector body\nresponsible\ns 107 hdg sub A2025-15 s 6\ns 107 am A2025-15 s 7, s 8\n\nHeritage reports\ns 108 (4), (5) exp 9 March 2007 (s 108 (5))\nss renum R5 LA\nsub A2014-43 s 64\nam A2025-15 s 9, s 10\nAssessment of heritage reports by council\ns 109 exp 9 March 2009 (s 109 (5))\nins A2014-43 s 64\nam A2025-15 s 11, s 12\nPublic reporting\ns 109A ins A2014-43 s 64\nsub A2025-15 s 13\nConservation management plan\ns 110 sub A2014-43 s 65\nam A2016-24 s 40; A2025-15 ss 14-21\nNotification and review of decisions\npt 17 hdg sub A2008-36 amdt 1.345; A2014-43 s 66\nMeaning of reviewable decision\ns 111 sub A2008-36 amdt 1.345; A2014-43 s 66\nMeaning of decision-maker—pt 17\ns 112 sub A2008-36 amdt 1.345; A2014-43 s 66\nReviewable decision notices\ns 113 sub A2008-36 amdt 1.345; A2014-43 s 66\nApplications for review\ns 114 sub A2008-36 amdt 1.345; A2014-43 s 66\nStay of decision under review\ns 114A ins A2014-43 s 66\nRepository for Territory-owned Aboriginal objects\ns 115 am A2012-21 amdt 3.96\nom A2014-43 s 67\nCriminal liability of executive officers\ns 116 sub A2013-4 amdt 1.6\nam A2020-3 s 13; pars renum R28 LA; A2025-29 amdt 3.156\nService of documents on council\ns 117 am A2011-22 amdt 1.248; A2014-18 amdt 3.49; A2016-52\namdt 1.100\n\nCouncil may ask for information from commissioner for revenue in certain\ncases\ns 118A ins A2014-43 s 68\nam A2024-32 amdt 1.1\nCouncil may ask for information about leases from commissioner for\nrevenue\ns 118B ins A2016-24 s 41\nam A2023-36 amdt 1.177; A2024-32 amdt 1.2\nApproved forms\ns 119 am A2012-21 amdt 3.97; A2025-29 amdt 4.92\nDetermination of fees\ns 120 am A2012-21 amdt 3.98; A2025-29 amdt 4.92\nDelegation\ns 121 am A2011-22 amdt 1.248; A2014-18 amdt 3.50; A2014-43\ns 69; A2016-52 amdt 1.101\nRegulation-making power\ns 122 am A2025-29 amdt 4.92\n5-year review\ns 123 exp 9 March 2011 (s 123 (4))\nTransitional\npt 19 hdg exp 9 March 2006 (s 136)\nDefinitions for pt 19\ns 124 exp 9 March 2006 (s 136)\nLegislation repealed\ns 125 om LA s 89 (3)\nLegislation amended—sch 1\ns 126 om LA s 89 (3)\nApplications for registration on old heritage places register\ns 127 exp 9 March 2006 (s 136)\nPlaces on old heritage places register\ns 128 exp 9 March 2006 (s 136)\nConservation requirements for places on old heritage places register\ns 129 exp 9 March 2006 (s 136)\nObjects on old heritage objects register\ns 130 exp 9 March 2006 (s 136)\nConservation requirements for objects on old heritage objects register\ns 131 exp 9 March 2006 (s 136)\n\nRestricted information on old registers\ns 132 exp 9 March 2006 (s 136)\nUnregistered Aboriginal places and objects\ns 133 exp 9 March 2006 (s 136)\nTransitional regulations\ns 134 exp 9 March 2006 (s 136)\nModification of pt 19’s operation\ns 135 exp 9 March 2006 (s 136)\nExpiry of pt 19\ns 136 exp 9 March 2006 (s 136)\nTransitional—Heritage Legislation Amendment Act 2014\npt 20 hdg ins A2014-43 s 70\nMeaning of commencement day—pt 20\ns 200 ins A2014-43 s 70\nApplication for provisional registration not determined before\ncommencement day\ns 201 ins A2014-43 s 70\nDecisions or proposals made before commencement day\ns 202 ins A2014-43 s 70\nTransitional regulations\ns 203 ins A2014-43 s 70\nExpiry—pt 20\ns 204 ins A2014-43 s 70\nReviewable decisions\nsch 1 om LA s 89 (3)\nins A2008-36 amdt 1.346\nsub A2014-43 s 71\nam A2016-24 s 42; A2020-3 s 14; items renum R28 LA\n\ndict am A2008-36 amdt 1.347; A2009-20 amdt 3.97; A2009-49\namdt 3.88; A2011-22 amdt 1.249, amdt 1.250; A2014-43\ns 72; A2015-33 amdt 1.114; A2023-36 amdt 1.178; A2025-15\ns 22; A2025-29 amdt 3.157\ndef Aboriginal cultural tree ins A2023-52 amdt 1.15\ndef Aboriginal heritage tree ins A2014-43 s 73\nom A2023-52 amdt 1.16\ndef appeal sub A2008-36 amdt 1.348\ndef appeal period ins A2014-43 s 73\ndef cancellation ins A2007-16 amdt 3.71\ndef cancellation proposal sub A2014-43 s 74\ndef conservation management plan sub A2014-43 s 74;\nA2016-24 s 43\ndef conservator ins A2014-43 s 75\ndef consultation notice ins A2014-43 s 75\ndef cultural heritage significance ins A2014-43 s 75\ndef daily newspaper om A2009-20 amdt 3.98\ndef decision-maker ins A2014-43 s 75\nsub A2023-52 amdt 1.17\ndef excavation application ins A2014-43 s 75\ndef excavation permit ins A2014-43 s 75\ndef Flora and Fauna Committee ins A2014-43 s 75\nom A2014-59 amdt 2.34\ndef heritage decision ins A2014-43 s 75\ndef heritage object am A2025-15 s 23\ndef heritage place am A2025-15 s 23\ndef heritage report ins A2014-43 s 75\ndef interested person sub A2007-16 amdt 3.72; A2008-36\namdt 1.349; A2014-43 s 76\ndef Land Act om A2007-25 amdt 1.79\ndef natural heritage significance ins A2014-43 s 77\ndef nominated ins A2014-43 s 77\nsub A2024-32 s 11\ndef nomination om A2014-43 s 78\ndef nomination application ins A2014-43 s 79\ndef nomination details om A2014-43 s 80\ndef object am A2014-43 s 81\ndef owner am A2007-25 amdt 1.80; A2011-41 amdt 5.8;\nA2023-36 amdt 1.179\ndef place am A2014-43 s 82\ndef precinct ins A2014-43 s 83\ndef public authority om A2025-15 s 24\ndef register amendment application ins A2014-43 s 83\ndef repair damage direction ins A2020-3 s 15\n\ndef representative Aboriginal organisations om A2014-43\ns 84\ndef representative Aboriginal organisation ins A2014-43\ns 85\ndef restricted information sub A2014-43 s 86\ndef reviewable decision sub A2008-36 amdt 1.350\ndef scientific committee ins A2014-59 amdt 2.35\ndef statement of heritage effect ins A2014-43 s 87\ndef tree damaging activity ins A2014-43 s 87\ndef tree management plan ins A2014-43 s 87\nsub A2023-52 amdt 1.18\ndef urgent provisional registration application ins\nA2014-43 s 87\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n18 Oct 2006\n9 Mar 2005–\nnot amended new Act\nreissue for textual\ncorrection in s 127\nR2 (RI)\n18 Oct 2006\n2 June 2005–\n9 Mar 2006\nA2005-20 amendments by\nA2005-20\nreissue for textual\ncorrection in s 127\n10 Mar 2006\n10 Mar 2006–\n28 Mar 2006\nA2005-20 commenced expiry\n29 Mar 2006\n29 Mar 2006–\n9 Mar 2007\nA2005-51 amendments by\nA2005-51\n10 Mar 2007\n10 Mar 2007–\nA2005-51 commenced expiry\n11 July 2007–\n30 Mar 2008\nA2007-16 amendments by\nA2007-16\n31 Mar 2008\n31 Mar 2008–\n1 Feb 2009\nA2007-25 amendments by\nA2007-25\n2 Feb 2009\n2 Feb 2009–\n9 Mar 2009\nA2008-36 amendments by\nA2008-36\n10 Mar 2009\n10 Mar 2009–\n21 Sept 2009\nA2008-36 commenced expiry\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n17 Dec 2009\n17 Dec 2009–\n9 Mar 2011\nA2009-49 amendments by\nA2009-49\n\n5 Earlier republications\nfor\n10 Mar 2011\n10 Mar 2011–\nA2009-49 expiry of provision\n(s 123)\n1 July 2011–\n29 Mar 2012\nA2011-22 amendments by\nA2011-22\n30 Mar 2012\n30 Mar 2012–\nA2011-41 amendments by\nA2011-41\n5 June 2012–\n21 Feb 2013\nA2012-21 amendments by\nA2012-21\n22 Feb 2013\n22 Feb 2013–\nA2013-4 amendments by\nA2013-4\n10 June 2014–\n3 Oct 2014\nA2014-18 amendments by\nA2014-18\n4 Oct 2014\n4 Oct 2014–\nA2014-43 amendments by\nA2014-43\n11 June 2015–\n13 Oct 2015\nA2014-59 amendments by\nA2014-59\n14 Oct 2015\n14 Oct 2015–\nA2015-33 amendments by\nA2015-33\n12 May 2016–\nA2016-24 amendments by\nA2016-24\n21 June 2016–\n31 Aug 2016\nA2016-33 amendments by\nA2016-33\n1 Sept 2016\n1 Sept 2016–\nA2016-52 amendments by\nA2016-52\n16 June 2017–\nA2017-20 amendments by\nA2017-20\n17 May 2018–\n22 Oct 2018\nA2018-18 amendments by\nA2018-18\n23 Oct 2018\n23 Oct 2018–\n4 Oct 2019\nA2018-33 amendments by\nA2018-33\n5 Oct 2019\n5 Oct 2019–\n25 Feb 2020\nA2018-33 expiry of\ntransitional\nprovisions (pt 20)\n\nExpired transitional or validating provisions 6\nfor\n26 Feb 2020\n26 Feb 2020–\n3 Sept 2020\nA2020-3 amendments by\nA2020-3\n4 Sept 2020\n4 Sept 2020–\n23 Aug 2022\nA2020-47 amendments by\nA2020-47\n24 Aug 2022\n24 Aug 2022–\n26 Nov 2023\nA2022-14 amendments by\nA2022-14\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nA2023-36 amendments by\nA2023-36\n1 Jan 2024\n1 Jan 2024–\nA2023-52 amendments by\nA2023-52\n31 May 2024–\nA2024-21 amendments by\nA2024-21\n10 July 2024–\nA2024-32 amendments by\nA2024-32\n2 June 2025–\n15 Nov 2025\nA2025-15 amendments by\nA2025-15\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":160}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s core aim remains the recognition, registration and conservation of heritage (s3), but its operational scope has been broadened by later provisions. Notable expansions include explicit urban‑tree registration (s3B) and tree‑damage advice/influence (pt10A, ss61A–61D), statutory repair damage powers (pt11A, ss67A–67D), obligations and directions for public sector bodies including reporting and conservation plans (pt16, ss107–110), and tighter restricted‑information controls (pt9, ss54–57). The Act also formalises links with planning and nature‑conservation regimes (ss58–61; s42A), increasing its regulatory reach beyond the original registration/enforcement framework (see ss20, 25, 99)."},"complexity_factors":["Extensive cross-references to other Acts and bodies (Planning Act 2023, Urban Forest Act 2023, Nature Conservation Act 2014; see s58, s61A, s42A)","Layered decision process with provisional then final registration, public consultation and ministerial directions (div 6.1–6.2; ss 32, 34, 37–40, 39)","Multiple decision-makers and review rights (Heritage Council, Minister, ACAT) with statutory timelines and stay on registration decisions (s18, s39, ss 111–114A)","Discretionary instruments and delegated powers (heritage guidelines, heritage directions, repair directions, heritage agreements; ss25, 62, 67A, 99)","Criminal and civil enforcement mix: graded offences (recklessness, negligence, strict liability), large penalties, and civil heritage orders (pt 13; ss74–75; pt12)","Strong enforcement toolkit for authorised officers: entry, warrants, seizure, information discovery orders and associated safeguards/compensation (pt14; ss80–96; ss91–94; ss95–98)","Special provisions for Aboriginal heritage: reporting duties, consultation obligations, repositories, ownership rules and publication limits (pt8; ss51–53C; ss54–57)","Confidentiality regime (restricted information) with publication approvals and limited disclosure pathways (pt9; ss54–57)","Interactions creating overlapping protections and limits (eg Nature Conservation protections limiting registration under this Act; s42A)","Detailed administrative requirements and time limits (consultation periods, extension mechanisms, notification instruments, and forms/fees) adding procedural complexity (eg ss26, 26A, 34, 119–120)"],"plain_english_summary":"This law creates a system to recognise, register and protect places and objects in the ACT with natural, cultural or Aboriginal heritage significance. It sets up a Heritage Council, a public register, provisional and final registration processes, conservation guidelines, permissions (eg excavation, statements of heritage effect), heritage agreements, and enforcement tools (directions, repair orders, entry and seizure).\n\nIt affects owners, occupiers, developers, public sector bodies and Aboriginal organisations: they face reporting duties, approval or permit requirements, possible fines, and limits on publishing sensitive location information (see s3, s20, s54)."},"kimi_summary":{"_metrics":{"completionTokens":978},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2004 scope. Major additions include: Part 10A on urban tree protection (2014, expanded 2023), Part 10B on excavation permits and heritage effect statements (2014), Part 11A on repair damage directions (2020), enhanced Aboriginal heritage consultation requirements (2014), and integration with the new Planning Act 2023 and Urban Forest Act 2023. The 2024-2025 amendments added Ministerial statements of priority and refined public sector heritage reporting. What began as a straightforward heritage registration scheme now encompasses integrated land-use planning controls, tree protection, archaeological permitting, and complex enforcement mechanisms."},"complexity_factors":["122 sections across 18 Parts plus Schedule 1 and Dictionary","47+ defined terms in the Dictionary with extensive cross-referencing to other legislation (Planning Act 2023, Urban Forest Act 2023, Nature Conservation Act 2014, etc.)","Nested conditional logic in registration timelines (e.g., s 26A with 7 different extension scenarios)","Multiple overlapping consultation requirements (Aboriginal organisations, scientific committee, public consultation, Ministerial direction)","Dual registration tracks (provisional vs full) with different timeframes for precincts (9 months) vs individual places/objects (5 months)","Complex 'interested person' definition (s 13) with 8 categories and varying rights depending on decision type","Strict liability offences mixed with fault-based offences requiring careful mental element analysis","Integration with at least 5 other major ACT statutes creating interdependent compliance obligations"],"plain_english_summary":"The Heritage Act 2004 establishes the ACT’s system for identifying, registering and conserving places and objects of cultural, natural and Aboriginal significance. An independent Heritage Council and a public Heritage Register guide decisions and require owners and developers to seek advice and avoid actions that diminish heritage value, with enforcement powers, emergency directions and significant penalties. It directly affects property owners, developers, public bodies, tradespeople and Aboriginal communities because it governs what can be altered, excavated or removed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/heritage-act-2004","history":"/api/acts/heritage-act-2004/history","analysis":"/api/acts/heritage-act-2004/analysis","conflicts":"/api/acts/heritage-act-2004/conflicts","importantCases":"/api/acts/heritage-act-2004/important-cases","documents":"/api/acts/heritage-act-2004/documents"}}