{"id":"heritage-act-2011","name":"Heritage Act 2011","slug":"heritage-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30160,"registerId":"nt-heritage-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\n(1) The object of this Act is to provide for the conservation of the\nTerritory's cultural and natural heritage.\n(2) The object is achieved by:\n(a) declaring places and objects of heritage significance to be\nheritage places and objects; and\n(b) declaring classes of places and objects of heritage\nsignificance to be protected classes of heritage places and\nobjects; and\n(c) establishing the Heritage Council; and\n(d) providing for heritage agreements to encourage the\nconservation, use and management of heritage places and\nobjects; and\n(e) regulating work on heritage places and objects; and\n(f) establishing enforcement and offence provisions.\n\nHeritage Act 2011 2\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nAboriginal or Macassan archaeological object, see section 8(2).\nAboriginal or Macassan archaeological place, see section 6(2).\nAboriginal tradition, see section 3(1) of the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth).\nacting in an official capacity, in relation to a heritage officer,\nmeans the officer is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\naffected person, for:\n(a) a reviewable decision – see section 90(2); or\n(b) an appealable decision – see section 93(2).\nappealable decision, see section 93(1).\nappointed heritage officer, see section 141(1)(a).\nappointed members, see section 128(1)(a).\napproved form means a form approved under section 145.\narchaeological object, see section 8(1).\narchaeological place, see section 6(1).\nassessment period, see section 23.\nbuilding includes a structure of any kind.\ncause damage, to a heritage place or object, includes:\n(a) destroy the place or object; and\n(b) diminish the heritage significance of the place or object.\nCEO means the Chief Executive Officer.\nchairperson means the chairperson of the Council.\n\nHeritage Act 2011 3\nconnected, for Chapter 5, see section 100.\nconservation, of a place or object, see section 12(1).\nCouncil means the Heritage Council established by section 124.\ndecision maker means:\n(a) for an application for major work – the Minister; or\n(b) for another application – the Council.\ndeputy chairperson means the deputy chairperson of the Council.\nexempt work, see section 78(1).\nheritage agreement, see section 68(1).\nheritage assessment criteria, see section 11.\nheritage nomination, see section 20(1).\nheritage object means:\n(a) an object declared under Part 2.1 or 2.2 to be a heritage\n(b) an object of a protected class of heritage objects.\nheritage officer, see section 141.\nheritage place means:\n(a) a place declared under Part 2.1 or 2.2 to be a heritage place;\nor\n(b) a place of a protected class of heritage places.\nheritage significance, see section 10.\ninformation notice, see section 94.\ninterested person, for:\n(a) a place – means each of the following persons:\n(i) the owner of the place and, if the place is occupied by\nsomeone else, the occupier;\n\nHeritage Act 2011 4\n(ii) for land entered in the land register under the Land Title\nAct 2000 – the holder of a registered interest in the land\nunder that Act;\n(iii) for land covered by a resources interest – the holder of\nthe interest; or\n(b) an object – means the owner of the object and, if the object is\nin the lawful possession of someone else, the person in\npossession of the object.\ninterpretation, of a place or object, see section 12(2).\nland includes:\n(a) land that is, or is at any time, covered by Territory waters; and\n(b) Territory waters.\nmajor work means work that is likely to:\n(a) cause significant damage to a heritage place or object; or\n(b) to significantly alter the heritage significance of a heritage\nmember means a member of the Council, and includes the\nchairperson and deputy chairperson.\nobject, see section 7.\non, in relation to a place, includes at and in the place.\noccupier, of a place:\n(a) means:\n(i) a person in occupation of the place; or\n(ii) the person in control of the place; or\n(iii) if the place has different parts occupied or controlled by\ndifferent persons – each person in occupation or control\nof the part concerned; and\n(b) for Chapter 5 – see section 99.\nowner, for Part 3.1, see section 67.\n\nHeritage Act 2011 5\nplace, see:\n(a) generally – section 5; or\n(b) for Chapter 5 – section 99.\nprotected class, for a heritage place or object, means a place or\nobject of a class of places or objects of heritage significance\ndeclared under Part 2.3 to be a protected class of places or objects.\npublic consultation period, for:\n(a) Part 2.2 – see section 26(2)(b); or\n(b) Part 2.3 – see section 45(2)(b); or\n(c) Part 2.4 – see section 59(3).\nregister means the register kept under section 139.\nrelic, see section 9.\nrepair order, see section 86(1).\nresources interest, in land, means:\n(a) a registered licence or permit under the Energy Pipelines\nAct 1981; or\n(b) a geothermal authority under the Geothermal Energy Act 2009\n(other than a geothermal exploration permit); or\n(c) a mineral title under the Mineral Titles Act 2010 (other than a\nmineral exploration licence or extractive mineral exploration\nlicence); or\n(d) a petroleum interest under the Petroleum Act 1984 (other than\nan exploration permit).\nreviewable decision, see section 90(1).\nreview notice means a notice given under section 34 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014.\nrevocation request, for Part 2.4, see section 56(1) and (2).\nrevoke, for Part 2.4, see section 55.\nsacred site, see section 3(1) of the Aboriginal Land Rights Act\n(Northern Territory) Act 1976 (Cth).\n\nHeritage Act 2011 6\nstop work order, see section 80.\nTribunal means the Civil and Administrative Tribunal.\nuse includes proposed use.\nwork includes:\n(a) a physical act that results in, or may result in, a change to the\nnature, appearance or physical nature of a heritage place or\nobject; and\n(b) the subdivision or consolidation of land.\nExamples of work for paragraph (a)\n1 Construction, removal or demolition of a building.\n2 Alteration or decoration of a building.\n3 Archaeological excavation.\n4 Removal, destruction or lopping of trees.\n5 Removal of topsoil.\n6 Erection of a sign or hoarding.\nwork approval, see section 72(1).\n5 Meaning of place\n(1) A place is an area of land.\n(2) A place includes:\n(a) a building or, a part of a building, on the place; and\n(b) an item historically or physically associated with the place if\nthe primary importance of the item derives (completely or\npartly) from that association; and\n(c) equipment, furniture, fittings and articles on, or historically or\nphysically associated with, the place.\nExamples of places for section 5\n1 A reef or a cliff, cutting, gorge, spring or other landform.\n2 A plant or animal community.\n3 Fossil beds.\n4 A park or garden.\n5 A lighthouse, church, homestead, railway station or gaol.\n\nHeritage Act 2011 7\n6 A stock well.\n7 A cemetery, burial site or grave.\n8 An airstrip, magazine, storage tunnel or other military installation.\n9 The site of a shipwreck or aircraft crash.\n6 Meaning of archaeological place and Aboriginal or Macassan\narchaeological place\n(1) An archaeological place is a place that:\n(a) relates to the past human occupation of the Territory; and\n(b) has been modified by the activity of the occupiers.\n(2) An Aboriginal or Macassan archaeological place is a place that:\n(a) relates to the past human occupation of the Territory by\nAboriginal or Macassan people; and\n(b) has been modified by the activity of those people.\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of object","content":"7 Meaning of object\n(1) An object is a natural or manufactured object that is moveable.\n(2) An object includes an archaeological object but does not include a\nplace.\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of archaeological object and Aboriginal or Macassan","content":"8 Meaning of archaeological object and Aboriginal or Macassan\narchaeological object\n(1) An archaeological object is a relic that:\n(a) relates to the past human occupation of the Territory; and\n(b) is in an archaeological place.\n(2) An Aboriginal or Macassan archaeological object is a relic that:\n(a) relates to the past human occupation of the Territory by\nAboriginal or Macassan people; and\n(b) is:\n(i) in an Aboriginal or Macassan archaeological place; or\n(ii) stored in a place in accordance with Aboriginal tradition,\nincluding, for example, in an Aboriginal keeping place.\n\nHeritage Act 2011 8\n","sortOrder":3},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of relic","content":"9 Meaning of relic\n(1) A relic is:\n(a) an artefact or thing given shape by a person; or\n(b) human or animal skeletal remains; or\n(c) something else prescribed by regulation.\n(2) An artefact or thing can be of any material.\nExamples for subsection (2)\n1 A secret or ceremonial object.\n2 A log or bark coffin.\n3 Human remains.\n4 Rock or wood carvings or engravings.\n5 Stone tools.\n(3) However, an artefact or thing made for sale is not a relic.\n(4) In addition, a thing prescribed by regulation is not a relic.\n","sortOrder":4},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of heritage significance","content":"10 Meaning of heritage significance\nThe heritage significance of a place or object includes its\naesthetic, historical, scientific and social significance.\n","sortOrder":5},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of heritage assessment criteria","content":"11 Meaning of heritage assessment criteria\nThe heritage assessment criteria for a place or object are as\nfollows:\n(a) whether it is important to the course, or pattern, of the\nTerritory's cultural or natural history;\n(b) whether it possesses uncommon, rare or endangered aspects\nof the Territory's cultural or natural history;\n(c) whether it has potential to yield information that will contribute\nto an understanding of the Territory's cultural or natural\nhistory;\n(d) whether it is important in demonstrating the principal\ncharacteristics of a class of cultural or natural places or\nenvironments;\n(e) whether it is important in exhibiting particular aesthetic\ncharacteristics;\n\nHeritage Act 2011 9\n(f) whether it is important in demonstrating a high degree of\ncreative or technical achievement during a particular period;\n(g) whether it has a strong or special association with a particular\ncommunity or cultural group for social, cultural or spiritual\nreasons, including the significance of a place to Aboriginal\npeople as part of their continuing and developing cultural\ntraditions;\n(h) whether it has a special association with the life or works of a\nperson, or group of persons, of importance in the Territory's\nhistory.\nNote for section 11\nUnder section 24, the heritage assessment criteria are applied to assess the\nheritage significance of a place or object to decide whether or not to declare the\nplace or object a heritage place or object.\n","sortOrder":6},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of conservation and interpretation of places and","content":"12 Meaning of conservation and interpretation of places and\n(1) The conservation of a place or object includes the maintenance,\npreservation, restoration, reconstruction, adaptation and\ninterpretation of the place or object for the retention of its heritage\nsignificance.\n(2) The interpretation of a place or object is the way of presenting the\nheritage significance of the place or object.\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"Criminal responsibility","content":"Division 3 Criminal responsibility\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Application of Criminal Code","content":"13 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 13\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":9},{"sectionNumber":"14","sectionType":"section","heading":"Act binds Crown","content":"14 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nHeritage Act 2011 10\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Sacred sites","content":"15 Sacred sites\n","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 does not apply in relation to:","content":"Part 3.1 does not apply in relation to:\n(a) a place that is a sacred site; or\n(b) an object that is in a sacred site.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Native title rights and interests","content":"16 Native title rights and interests\n(1) This Act is not intended to affect native title rights and interests\notherwise than in accordance with the Native Title Act.\n(2) This Act must be interpreted in a way that does not prejudice native\ntitle rights and interests to the extent those rights and interests are\nrecognised and protected by the Native Title Act.\naffect, see section 227 of the Native Title Act.\nNative Title Act means the Native Title Act 1993 (Cth).\nnative title rights and interests, see section 223 of the Native\nTitle Act.\n\n","sortOrder":13},{"sectionNumber":"Div 2","sectionType":"division","heading":"Nomination and Council initiation process for assessment of heritage","content":"Division 2 Nomination and Council initiation process for assessment of heritage\nsignificance\nHeritage Act 2011 11\nPart 2.1 Declaration of Aboriginal and Macassan\n17 Aboriginal or Macassan archaeological heritage places\nAn Aboriginal or Macassan archaeological place is a heritage place.\n18 Aboriginal or Macassan archaeological heritage objects\nAn Aboriginal or Macassan archaeological object is a heritage\nPart 2.2 Declaration of other heritage places and\n19 Purpose of Part\nThis Part provides for the conservation of particular places and\nobjects by establishing a process for declaring them to be heritage\nplaces and objects.\nDivision 2 Nomination and Council initiation process for\nassessment of heritage significance\n","sortOrder":14},{"sectionNumber":"20","sectionType":"section","heading":"Nomination of place or object for assessment","content":"20 Nomination of place or object for assessment\n(1) Anyone may nominate a place or object for assessment of its\nheritage significance for declaration as a heritage place or object (a\nheritage nomination).\n(2) The nomination must:\n(b) be given to the Council; and\n(c) be accompanied by the information necessary to enable the\nassessment to be made.\n\nDivision 3 Assessment of heritage significance of places and objects\nHeritage Act 2011 12\n","sortOrder":15},{"sectionNumber":"21","sectionType":"section","heading":"Council to accept or refuse to accept nomination","content":"21 Council to accept or refuse to accept nomination\n(1) The Council must accept, or refuse to accept, the heritage\nnomination of the place or object for assessment as soon as\npracticable after receiving it.\n(2) The Council may refuse to accept the nomination only if it:\n(a) is satisfied the nomination is frivolous or vexatious; or\n(b) is prevented, under section 41, from making the assessment.\n(3) If the Council refuses to accept the nomination, it must give written\nnotice of the decision, and the reasons for the decision, to the\nperson who made the nomination.\n","sortOrder":16},{"sectionNumber":"22","sectionType":"section","heading":"Council may initiate assessment of heritage significance","content":"22 Council may initiate assessment of heritage significance\nThe Council may, on its own initiative, decide to assess the heritage\nsignificance of a place or object if it considers the place or object\nmay be of heritage significance.\nDivision 3 Assessment of heritage significance of places and\n","sortOrder":17},{"sectionNumber":"23","sectionType":"section","heading":"Assessment period","content":"23 Assessment period\n(1) The assessment period for the assessment of the heritage\nsignificance of a place or object is 6 months after:\n(a) the heritage nomination for the place or object is accepted by\nthe Council; or\n(b) the Council decides on its own initiative to make the\nassessment; or\n(c) the Council is directed, under section 36(3), to make the\nassessment of a provisionally declared heritage place or\n(2) However, the Council may extend the assessment period if:\n(a) the Council and the owner of the place or object agree to do\nso; or\n(b) the Council is satisfied it is not possible to complete the\nassessment in the period because of:\n(i) the remoteness of the place or object; or\n\nDivision 3 Assessment of heritage significance of places and objects\nHeritage Act 2011 13\n(ii) other reasons it considers appropriate.\n(3) If the assessment is to be made on a heritage nomination the\nCouncil must give written notice of the extension and the reasons\nfor it to the person who made the nomination.\n(4) If the Council extends the period other than with the agreement of\nthe owner of the place or object, it must:\n(a) give written notice to the owner of the extension and the\nreasons for it; and\n(b) complete the assessment as soon as practicable.\n","sortOrder":18},{"sectionNumber":"24","sectionType":"section","heading":"Assessment of place or object to be made","content":"24 Assessment of place or object to be made\n(1) The Council must assess the heritage significance of a place or\nobject by applying the heritage assessment criteria to the place or\n(2) In assessing the place or object, the Council may carry out the\nresearch and make the inquiries it considers appropriate.\n(3) In addition, for an assessment of the place or object on a heritage\nnomination, the Council may ask the person making the nomination\nto give it additional information relevant to the assessment.\n","sortOrder":19},{"sectionNumber":"25","sectionType":"section","heading":"Deciding assessment","content":"25 Deciding assessment\n(1) The Council must, before the end of the assessment period, decide\nwhether or not the place or object is of heritage significance.\n(2) If the Council decides the place or object is of heritage significance,\nthe Council must, before the end of the assessment period:\n(a) prepare a statement of heritage value for the place or object;\nand\n(b) give a copy of the statement to the Minister.\n(3) However, if the Council decides the place or object is not of\nheritage significance and the assessment was made on a heritage\nnomination, the Council must give the person who made the\nnomination a review notice for the decision before the end of the\nassessment period.\n\n","sortOrder":20},{"sectionNumber":"Div 4","sectionType":"division","heading":"Decision not to recommend declaration of place or object to be heritage place","content":"Division 4 Decision not to recommend declaration of place or object to be heritage place\nHeritage Act 2011 14\n","sortOrder":21},{"sectionNumber":"26","sectionType":"section","heading":"Public consultation on heritage significance of place or object","content":"26 Public consultation on heritage significance of place or object\n(1) As soon as practicable after preparing the statement of heritage\nvalue for the place or object, the Council must invite submissions\non the heritage significance of the place or object by:\n(a) giving a written notice to:\n(i) each interested person for the place or object; and\n(ii) anyone else the Council considers is likely to be directly\naffected if the place or object is declared to be a heritage\n(b) publishing a notice on the Agency's website.\n(2) A notice under subsection (1) must state:\n(a) where copies of the statement of heritage value can be\nobtained; and\n(b) that submissions are to be made to the Council in writing\nwithin 28 days after the notice mentioned in subsection (1)(b)\nis published (the public consultation period).\n(3) The Council must make available, without fee, copies of the\nstatement of heritage value.\n","sortOrder":22},{"sectionNumber":"27","sectionType":"section","heading":"Council's decision","content":"27 Council's decision\n(1) Within 60 days after the end of the public consultation period, the\nCouncil must decide whether or not to recommend that the Minister\ndeclare the place or object to be a heritage place or object.\n(2) In making the decision, the Council:\n(a) must consider the submissions made to it in the public\n(b) may carry out the research and make the inquiries it considers\nappropriate.\nDivision 4 Decision not to recommend declaration of place or\nobject to be heritage place\n","sortOrder":23},{"sectionNumber":"28","sectionType":"section","heading":"Application of Division","content":"28 Application of Division\n(1) This Division applies if, under Division 3, the Council decides not to\nrecommend that the Minister declare a place or object to be a\n\n","sortOrder":24},{"sectionNumber":"Div 5","sectionType":"division","heading":"Decision to recommend declaration of place or object to be heritage place","content":"Division 5 Decision to recommend declaration of place or object to be heritage place\nHeritage Act 2011 15\n(2) However, this Division does not apply if the Council cannot, under\nsection 41, make an assessment of the heritage significance of the\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Notice of Council's decision","content":"29 Notice of Council's decision\n(1) As soon as practicable after making the decision, the Council must\ngive a review notice for the decision to:\nor object in the public consultation period; and\n(c) if the assessment was made on a heritage nomination made\nby a person other than the Minister – the person who made\nthe nomination.\n(2) If the assessment was made on a heritage nomination made by the\nMinister, the Council must give written notice of the decision, and\nthe reasons for it, to the Minister.\nDivision 5 Decision to recommend declaration of place or\nobject to be heritage place\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Application of Division","content":"30 Application of Division\nThis Division applies if, under Division 3, the Council decides to\nrecommend that the Minister declare a place or object to be a\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Recommendation to be given to Minister","content":"31 Recommendation to be given to Minister\n(1) As soon as practicable after making the decision, the Council must\ngive the Minister a recommendation to declare the place or object\nto be a heritage place or object.\n(2) When giving the Minister the recommendation, the Council must\nalso give the Minister the following:\n(a) the statement of heritage value for the place or object;\n(b) a copy of each submission made in relation to the place or\nobject in the public consultation period;\n(c) other information the Council considers appropriate (for\nexample, suggestions about possible ways of dealing with any\nobjections to the declaration).\n\nDivision 5 Decision to recommend declaration of place or object to be heritage place\nHeritage Act 2011 16\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Minister's decision on recommendation","content":"32 Minister's decision on recommendation\n(1) The Minister must decide whether or not to permanently declare the\nplace or object to be a heritage place or object.\n(2) In making a decision on the Council's recommendation, the Minister\nmust consider all relevant documents and information.\n(3) The Minister must make the decision within 30 days after:\n(b) if, under section 33, the Minister asks the Council to give\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Minister may ask for further relevant information or variation of","content":"33 Minister may ask for further relevant information or variation of\nrecommendation for heritage place or object\non the Council's recommendation for the place or object; or\n(a) the Minister's reasons for asking for the information or\nvariation; and\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Permanent declaration of heritage place or object","content":"34 Permanent declaration of heritage place or object\n(1) If the Minister is satisfied the place or object is of heritage\nsignificance and should be conserved, the Minister must, by\nGazette notice, permanently declare the place or object to be a\n(2) The declaration may authorise:\n(a) stated work that may be carried out on the heritage place or\nobject without a work approval; or\n(b) the removal of:\n(i) part of the heritage place; or\n\n","sortOrder":31},{"sectionNumber":"Div 6","sectionType":"division","heading":"Provisional declaration of place or object to be heritage place or object","content":"Division 6 Provisional declaration of place or object to be heritage place or object\nHeritage Act 2011 17\n(ii) the object or part of it.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Minister's decision not to declare heritage place or object","content":"35 Minister's decision not to declare heritage place or object\n(1) This section applies if, on the Council's recommendation for the\nplace or object, the Minister decides not to declare the place or\nobject to be a heritage place or object.\n(2) The Minister must give written notice to the Council of the Minister's\ndecision and the reasons for it.\n(3) In addition, the Minister must give an information notice for the\nor object in the public consultation period; and\n(c) if the assessment of the place or object was made on a\nheritage nomination made by another person – the person.\n(4) If the Minister has, under Division 6, made a provisional declaration\nfor the place or object to be a heritage place or object, the Minister\nmust:\n(a) by Gazette notice, revoke the declaration; and\n(b) publish notice of the revocation on the Agency's website.\nDivision 6 Provisional declaration of place or object to be\nheritage place or object\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Provisional declaration – Minister's initiative","content":"36 Provisional declaration – Minister's initiative\n(1) This section applies if the Minister is satisfied:\n(a) a place or object is likely to be of heritage significance; and\n(b) a declaration under this section is necessary to ensure its\nconservation.\n(2) The Minister may, by Gazette notice, provisionally declare the place\nor object to be a heritage place or object.\n(3) If, when the declaration is made, an assessment of the heritage\nsignificance of the place or object has not been started, the Minister\nmust direct the Council to assess the heritage significance of the\n\nHeritage Act 2011 18\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Provisional declaration – after Division 3 assessment","content":"37 Provisional declaration – after Division 3 assessment\n(1) This section applies if the Minister is given notice of the Council's\ndecision on an assessment under Division 3 that a place or object\nis of heritage significance.\n(2) Within 7 days after the Council invites submissions on the heritage\nsignificance of the place or object under section 26(1)(a), the\nMinister must, by Gazette notice, provisionally declare the place or\nobject to be a heritage place or object.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Provisional declaration may authorise work or removal","content":"38 Provisional declaration may authorise work or removal\nThe provisional declaration of a place or object to be a heritage\nplace or object may authorise:\n(a) stated work that may be carried out on the heritage place or\nobject without a work approval; or\n(b) the removal of:\n(i) part of the heritage place; or\n(ii) the object or part of it.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Duration of provisional declaration","content":"39 Duration of provisional declaration\nThe provisional declaration of a place or object to be a heritage\nplace or object has effect until the earlier of the following:\n(a) the permanent declaration of the place or object to be a\nheritage place or object;\n(b) the revocation of the provisional declaration.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Notice of declaration of heritage place or object","content":"40 Notice of declaration of heritage place or object\n(1) Within 7 days after the provisional or permanent declaration of a\nheritage place or object, the Minister must give written notice of the\ndeclaration to:\n(b) for a permanent declaration – each person who made a\nsubmission in relation to the place or object in the public\nconsultation period.\n(2) The notice must include an information notice.\n\nHeritage Act 2011 19\n(3) In addition, the Minister must, as soon as practicable after the\ndeclaration is made:\n(a) publish notice of the provisional or permanent declaration on\nthe Agency's website; and\n(b) for the declaration of a heritage place – give written notice of\nthe declaration to the Registrar-General.\n(4) Immediately after receipt of the notice, the Registrar-General must\nenter details of the declaration in the record of administrative\ninterests kept under section 38 of the Land Title Act 2000.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"No further assessment of place or object for 5 years","content":"41 No further assessment of place or object for 5 years\n(1) This section applies if the Minister decides not to permanently\ndeclare a place or object to be a heritage place or object.\n(2) The Council must not make an assessment of the heritage\nsignificance of the place or object within 5 years after the decision\nis made except on a heritage nomination for the place or object\nmade:\n(a) by the owner of the place or object; or\n(b) with the owner's consent.\n","sortOrder":39},{"sectionNumber":"Part 2","sectionType":"part","heading":"3 Protected classes of places and objects of","content":"Part 2.3 Protected classes of places and objects of\nheritage significance\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Purpose of Part","content":"42 Purpose of Part\n(1) This Part provides for the conservation of places and objects by\nestablishing a process for declaring protected classes of places and\nobjects of heritage significance.\nExamples of classes of places and objects\n1 The remains of World War II aircraft wrecks.\n2 World War II coastal fortification sites.\n3 Shipwrecks, including the remains of a ship or anything associated with a\nship (whether or not they are attached to the ship).\n4 Places and objects associated with the Australian Overland Telegraph Line.\n(2) The declaration may be made even if the location of places or\nobjects of the declared class is not known.\n\nHeritage Act 2011 20\nDivision 2 Assessment and declaration process for protected\nclasses of places and objects\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Council may initiate assessment of heritage significance","content":"43 Council may initiate assessment of heritage significance\nIf the Council considers a class of places or objects may be of\nheritage significance, the Council may assess the heritage\nsignificance of places or objects of the class.\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"How assessment made","content":"44 How assessment made\n(1) The Council must assess the heritage significance of a class of\nplaces or objects by applying the heritage assessment criteria to\nplaces or objects of the class.\n(2) In assessing the places or objects, the Council may carry out the\nresearch and make the inquiries it considers appropriate.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Public consultation on heritage significance of places or","content":"45 Public consultation on heritage significance of places or\n(1) If, on completing the assessment, the Council considers places or\nobjects of the class are of heritage significance, it must:\n(a) prepare a statement of heritage value for places or objects of\nthe class; and\n(b) give a written notice to the local government council in whose\narea the places or objects are known to be situated; and\n(c) publish a notice on the Agency's website inviting submissions\non the heritage significance of places or objects of the class.\n(2) A notice under subsection (1)(c) must state:\n(a) where copies of the statement of heritage value can be\nobtained; and\n(b) that submissions are to be made to the Council in writing\nwithin 28 days after the notice mentioned in subsection (1)(c)\nis published (the public consultation period).\n(3) The Council must make available, without fee, copies of the\nstatement of heritage value.\n\n","sortOrder":44},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Minister's decision on recommendation for declaration","content":"Subdivision 2 Minister's decision on recommendation for declaration\nHeritage Act 2011 21\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Council's decision","content":"46 Council's decision\n(1) Within 60 days after the end of the public consultation period, the\nCouncil must decide whether or not to recommend that the Minister\ndeclare the class of places or objects to be a protected class of\nplaces or objects.\n(2) In making the decision, the Council:\n(a) must consider the submissions made to it in the public\n(b) may carry out the research and make the inquiries it considers\nappropriate.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Recommendation for declaration","content":"47 Recommendation for declaration\n(1) If the Council decides to recommend the Minister declare a class of\nplaces or objects to be a protected class of places or objects, it\nmust give the Minister its recommendation.\n(2) The Council must also give the Minister the following:\n(a) the statement of heritage value for places and objects of the\nclass;\n(b) a copy of each submission made in relation to the class of\nplaces or objects in the public consultation period.\nSubdivision 2 Minister's decision on recommendation for\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"When Minister to make decision on recommendation","content":"48 When Minister to make decision on recommendation\nThe Minister must make a decision on the Council's\nrecommendation for the class of places or objects to be a protected\nclass of places or objects within 30 days after:\n(b) if, under section 49, the Minister asks the Council to give\n\nSubdivision 2 Minister's decision on recommendation for declaration\nHeritage Act 2011 22\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Minister may ask for further relevant information or variation of","content":"49 Minister may ask for further relevant information or variation of\non the Council's recommendation for the class of places or\nobjects; or\n(a) the Minister's reasons for asking for the information or\nvariation; and\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Declaration of protected class of places or objects","content":"50 Declaration of protected class of places or objects\nIf the Minister is satisfied places or objects of the class are of\nheritage significance, the Minister must, by Gazette notice, declare\nthe class to be a protected class of places or objects.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Notice of declaration","content":"51 Notice of declaration\nAs soon as practicable after making the declaration of the protected\nclass of places or objects, the Minister must publish notice of the\ndeclaration on the Agency's website.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Effect of declaration","content":"52 Effect of declaration\n(1) On the making of the declaration of the protected class of places or\nobjects, a place or object of the class is a heritage place or object.\n(2) However, the declaration does not affect the declaration of a\nparticular place or object to be a heritage place or object regardless\nof when the particular place or object is declared to be a heritage\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Minister's decision not to declare protected class of places or","content":"53 Minister's decision not to declare protected class of places or\nIf, on the Council's recommendation for the class of places or\nobjects, the Minister decides not to declare the class to be a\nprotected class of places or objects, the Minister must give written\nnotice to the Council of the decision and the reasons for it.\n\nHeritage Act 2011 23\nPart 2.4 Revocation of declaration of heritage places\nand objects\nDivision 1 Preliminary matters\n54 Application of Part\nThis Part applies to a heritage place or object that:\n(a) is permanently declared under Part 2.2; or\n(b) is of a protected class of heritage places or objects.\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Definition","content":"55 Definition\nrevoke, for a declaration of:\n(a) a heritage place or object under Part 2.2 – includes partially\nrevoke the declaration by excluding part of the heritage place\nor object; or\n(b) a protected class of heritage places or objects – means\npartially revoke the declaration by excluding a particular\nheritage place or object of the class.\nDivision 2 Assessment for revocation of declaration of\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Request for assessment","content":"56 Request for assessment\n(1) The Minister may ask the Council to assess whether the declaration\nfor a heritage place or object should be revoked (a revocation\nrequest).\n(2) In addition, the owner of a particular heritage place or object may\nask the Council to assess whether the declaration for the heritage\nplace or object should be revoked (also a revocation request).\n(3) However, the owner of the heritage place or object may make a\nrevocation request only if:\n(a) a revocation request for the place or object has not been\nmade during the preceding 12 months; and\n\nHeritage Act 2011 24\n(b) any of the following applies:\n(i) the place or object no longer exists or is no longer of\nheritage significance;\n(ii) information is available about the heritage value of the\nplace or object that has not previously been considered\nby the Council;\n(iii) other relevant information is available that does not\nappear to have been taken into account by the Minister\nwhen deciding previously whether or not to make or\nrevoke the declaration.\n(4) A revocation request by the owner of a heritage place or object\nmust:\n(b) be accompanied by the information necessary to enable the\nassessment to be made.\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Council may initiate assessment","content":"57 Council may initiate assessment\nThe Council may, on its own initiative, decide to assess whether the\ndeclaration for a heritage place or object should be revoked.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Council to notify Minister of assessment","content":"58 Council to notify Minister of assessment\n(1) If the Council receives a revocation request from the owner of a\nheritage place or object, the Council must give the Minister a copy\nof the request.\n(2) If the Council decides to assess whether the declaration for a\nheritage place or object should be revoked, the Council must give\nthe Minister its reasons for the decision.\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Public consultation on assessment","content":"59 Public consultation on assessment\n(1) This section applies if the Council:\n(a) receives a revocation request for a heritage place or object; or\n(b) decides to assess whether the declaration for a heritage place\nor object should be revoked.\n\nHeritage Act 2011 25\n(2) Within 7 days after receiving the request or making the decision,\nthe Council must invite submissions on the assessment of the place\nor object by:\n(a) giving a written notice to:\n(i) each interested person for the place or object; and\n(ii) anyone else the Council considers is likely to be directly\naffected if the declaration for the place or object is\nrevoked; and\n(b) publishing a notice on the Agency's website.\n(3) A notice under subsection (2) must state that submissions are to be\nmade to the Council in writing within 28 days after the notice\nmentioned in subsection (2)(b) is published (the public\nconsultation period).\n(4) The Council must make available, without fee:\n(a) for an assessment made on a revocation request – copies of\nthe request; or\n(b) for an assessment on the Council's initiative – copies of the\nCouncil's reasons for its decision to make the assessment.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"How assessment made","content":"60 How assessment made\nIn assessing whether the declaration for the heritage place or object\nshould be revoked, the Council:\n(a) must have regard to the heritage assessment criteria for the\n(b) must consider the submissions made to it in the public\n(c) may carry out the research and make the inquiries it considers\nappropriate; and\n(d) may ask the owner of the place or object to give it information\nrelevant to the assessment.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Council's decision","content":"61 Council's decision\n(1) Within 30 days after the end of the public consultation period, the\nCouncil must recommend the Minister revoke or not revoke the\ndeclaration for the place or object.\n\nDivision 3 Minister's decision on Council recommendation\nHeritage Act 2011 26\n(2) When giving the Minister the recommendation, the Council must\nalso give the Minister the following:\n(a) a statement of its reasons for the recommendation;\n(b) a copy of each submission made in relation to the place or\nobject in the public consultation period;\n(c) the other information the Council considers appropriate.\nDivision 3 Minister's decision on Council recommendation\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Minister's decision","content":"62 Minister's decision\n(1) The Minister must decide whether or not to revoke the declaration\nof the heritage place or object.\n(2) In making a decision on the Council's recommendation, the Minister\nmust consider all relevant documents and information.\n(3) The Minister must make the decision within 30 days after:\n(b) if, under section 63, the Minister asks the Council to give\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Minister may ask for further relevant information or variation of","content":"63 Minister may ask for further relevant information or variation of\non the Council's recommendation for the heritage place or\n(a) the Minister's reasons for asking for the information; and\n\nHeritage Act 2011 27\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Revocation of declaration of heritage place or object","content":"64 Revocation of declaration of heritage place or object\n(1) This section applies if on the Council's recommendation the\nMinister decides to revoke the declaration for the heritage place or\n(2) As soon as practicable after making the decision, the Minister must,\nby Gazette notice, revoke the declaration.\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Notice of revocation of declaration of heritage place or object","content":"65 Notice of revocation of declaration of heritage place or object\n(1) This section applies if the Minister revokes the declaration for a\n(2) Within 7 days after publication of the notice revoking the declaration\nfor the place or object, the Minister must give written notice of the\nor object in the public consultation period.\n(3) The notice must include an information notice.\n(4) In addition, the Minister must:\n(a) publish notice of the revocation on the Agency's website; and\n(b) for the revocation of a heritage place entered in the record of\nadministrative interests kept under section 38 of the Land Title\nAct 2000 – give written notice of the declaration to the\nRegistrar-General.\n(5) Immediately after receipt of the notice, the Registrar-General must\nremove details of the declaration from the record of administrative\ninterests.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Notice of decision not to revoke declaration of heritage place","content":"66 Notice of decision not to revoke declaration of heritage place\nor object\n(1) This section applies if on the Council's recommendation the\nMinister decides not to revoke the declaration for a heritage place\nor object.\n(2) As soon as practicable after making the decision, the Minister must\ngive written notice to the Council of the Minister's decision and the\nreasons for it.\n\nHeritage Act 2011 28\n(3) In addition, the Minister must give an information notice for the\nor object in the public consultation period.\n\nHeritage Act 2011 29\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Definition","content":"67 Definition\nowner, of a heritage place that comprises land entered in the land\nregister under the Land Title Act 2000, means the registered owner\nof the land under that Act.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Agreement for conservation of heritage place or object","content":"68 Agreement for conservation of heritage place or object\n(1) The Minister may enter into an agreement (a heritage agreement)\non behalf of the Territory with the owner of a heritage place or\n(2) The Minister may enter into the agreement only after considering\nthe Council's advice.\n(3) The owner of a heritage place that comprises land may enter into\nthe agreement only with the written consent of each of the following\npersons:\n(a) for land entered in the land register under the Land Title\nAct 2000 – the holder of a registered interest in the land under\nthat Act;\n(b) for land covered by a resources interest – the holder of the\ninterest.\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Provisions of heritage agreement","content":"69 Provisions of heritage agreement\n(1) A heritage agreement may contain provisions about the\nconservation, use and management of the heritage place or object.\n(2) The agreement may, for example, provide for the following:\n(a) restricting the use of the heritage place or object;\n(b) carrying out, or restricting the carrying out, of work on the\nplace or object;\n(c) opening of the place for public inspection and regulating\ncharges for admission;\n(d) financial, technical or other professional advice or help to the\nowner of the place or object.\n\nHeritage Act 2011 30\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Effect of heritage agreement","content":"70 Effect of heritage agreement\n(1) A heritage agreement is binding on:\n(a) the parties to the agreement; and\n(b) to the extent it affects the use of a heritage place, the occupier\nof the place.\n(2) The agreement may be varied or terminated by agreement of the\nparties.\n(3) If the heritage place comprises land entered in the land register\nunder the Land Title Act 2000, the agreement:\n(a) is a registrable interest under the Land Title Act 2000; and\n(b) on registration under that Act:\n(i) has effect as if it were an instrument of covenant over\nthe land; and\n(ii) may be enforced by the Territory.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Heritage agreement for more than one heritage place or object","content":"71 Heritage agreement for more than one heritage place or object\nA heritage agreement may be entered into with the owner or\nowners of more than one heritage place or object or any\ncombination of them.\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Application for approval","content":"72 Application for approval\n(1) A person may apply to the CEO for an approval (a work approval)\nto carry out work on a heritage place or object.\n(2) The application must:\n(b) if the applicant is not the owner of the place or object – include\nthe owner's consent.\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Referral of application to Minister or Council","content":"73 Referral of application to Minister or Council\n(1) On receipt of the application, the CEO must:\n(a) if the application is for carrying out major work – request the\nCouncil's advice on it; or\n\nHeritage Act 2011 31\n(b) otherwise – refer it to the Council for decision.\n(2) The Council must give the advice to the CEO within 30 days after\nreceiving the request.\n(3) On receipt of the advice, the CEO must:\n(a) refer the application to the Minister for decision; and\n(b) give the Minister a copy of the Council's advice.\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"When decision on application to be made","content":"74 When decision on application to be made\n(1) The decision maker must decide the application:\n(a) for an application for major work – within 30 days after the\nMinister receives the application; or\n(b) for an application for other work – within 14 days after\nreceiving the application.\n(2) However, the decision maker may extend the time for deciding the\napplication if the decision maker:\n(a) considers it necessary to consult with affected persons or\nothers; or\n(b) requests further information relating to the application.\n(3) If the decision maker extends the time for deciding the application,\nthe decision maker must give written notice of the extension to:\n(a) the applicant; and\n(b) if the applicant is not the owner of the place or object – the\nowner.\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Consideration of application","content":"75 Consideration of application\n(1) In deciding an application for a work approval, the decision maker\nmust consider the following:\n(a) the extent to which the application, if approved, would affect\nthe heritage significance of the heritage place or object;\n(b) the extent to which the application, if refused, would:\n(i) affect the reasonable or economic use of the place or\n(ii) cause a person undue financial hardship;\n\nHeritage Act 2011 32\n(c) for an application for major work – the Council's advice on the\napplication;\n(d) if the heritage place or object is, or is in, a sacred site – the\nadvice of the Aboriginal Areas Protection Authority;\n(e) other matters relating to the conservation, use and\nmanagement of the place or object the decision maker\nconsiders relevant.\n(2) For subsection (1), the decision maker may ask the applicant to\ngive the decision maker additional information relevant to the\napplication.\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Conditions may be imposed on work approval","content":"76 Conditions may be imposed on work approval\n(1) If the decision maker approves the application, the decision maker\nmay impose reasonable conditions on the work approval.\n(2) Without limiting subsection (1), a condition may provide for the\nfollowing:\n(a) the removal of an archaeological object from the heritage\nplace;\n(b) what happens to the removed object.\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Notice of decision","content":"77 Notice of decision\n(1) The decision maker must, within 14 days after deciding the\napplication, give written notice of the decision to:\n(a) the applicant; and\n(b) if the applicant is not the owner of the place or object – the\nowner.\n(2) The notice must include a review notice.\n","sortOrder":76},{"sectionNumber":"78","sectionType":"section","heading":"Regulation may exempt work","content":"78 Regulation may exempt work\n(1) A regulation may declare work to be exempt from the requirement\nfor a work approval (exempt work).\n(2) However, the declaration may be made only for work that will not\ndetrimentally affect the heritage significance of a heritage place or\n\nHeritage Act 2011 33\n(3) Without limiting subsection (1), the declaration may be made for\nrepair or maintenance work.\nExamples of repair or maintenance work\n1 Painting a place in a colour that conforms to the existing colour scheme.\n2 Repairs to a place using the same types of materials and construction\nmethods as originally used.\n79 Application of Part\nThis Part applies if a heritage officer is satisfied:\n(a) a person is carrying out, or is about to carry out, work; and\n(b) the work constitutes a serious and imminent threat to the\nheritage significance of a heritage place or object; and\n(c) an order under this Part is necessary for the conservation of\nthe place or object.\n","sortOrder":77},{"sectionNumber":"80","sectionType":"section","heading":"Issuing order","content":"80 Issuing order\nThe heritage officer may, by written notice (a stop work order),\ngiven to the person:\n(a) order the person to stop the work stated in the notice; or\n(b) prohibit the person from starting the work stated in the notice.\n","sortOrder":78},{"sectionNumber":"81","sectionType":"section","heading":"Application to Tribunal","content":"81 Application to Tribunal\n(1) Within one business day after issuing the stop work order, the\nheritage officer must apply to the Tribunal for an order confirming it.\n(1A) The following persons are parties to a proceeding for an application\nfor the confirmation of a stop work order:\n(a) the Territory;\n(b) each interested person for the heritage place or object to\nwhich the application relates.\n(2) In this section:\nbusiness day means a day other than a Saturday, Sunday or\npublic holiday.\n\nHeritage Act 2011 34\n","sortOrder":79},{"sectionNumber":"82","sectionType":"section","heading":"Revocation of order","content":"82 Revocation of order\nIf, after issuing the stop work order, a heritage officer is no longer\nsatisfied grounds exist for issuing the order, the officer must\nimmediately:\n(a) revoke the order by written notice given to the person; and\n(b) if application has been made to the Tribunal for the\nconfirmation of the order – lodge with the Registrar of the\nTribunal a copy of the notice.\n","sortOrder":80},{"sectionNumber":"83","sectionType":"section","heading":"Duration of order","content":"83 Duration of order\n(1) The stop work order ends 30 days after it is given to the person\nunless confirmed by the Tribunal.\n(2) However, the Tribunal may extend the duration of the order pending\nthe hearing of the application for an order confirming it.\n","sortOrder":81},{"sectionNumber":"84","sectionType":"section","heading":"Offence to contravene order","content":"84 Offence to contravene order\n(a) the person knows a stop work order has been issued for a\n(b) the person engages in conduct that results in a contravention\nof the order.\n(2) If a court finds a person guilty of an offence against subsection (1),\nthe court may, in addition to a penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day the offence is\ncommitted.\n","sortOrder":82},{"sectionNumber":"85","sectionType":"section","heading":"Application of Part","content":"85 Application of Part\nThis Part applies if the Minister is satisfied:\n(a) repair or maintenance work is required to be carried out on a\n(b) an order under this Part is necessary for the conservation of\nthe place or object.\n\nHeritage Act 2011 35\n","sortOrder":83},{"sectionNumber":"86","sectionType":"section","heading":"Issuing order","content":"86 Issuing order\n(1) The Minister may, by written notice (a repair order), require the\nowner of the heritage place or object to carry out stated work at the\nowner's expense.\n(2) However, the Minister may issue the order only if the Minister:\n(a) has consulted with the owner about the nature and extent of\nthe work required to be carried out; and\n(b) is satisfied the owner has the financial capacity to carry out\nthe work.\n(3) The order may state the materials to be used to carry out the work\nand the way in which the work is to be carried out.\n(4) The order must include an information notice.\n","sortOrder":84},{"sectionNumber":"87","sectionType":"section","heading":"Offence to contravene order","content":"87 Offence to contravene order\n(a) the person knows a repair order has been issued for a\n(b) the person engages in conduct that results in a contravention\nof the order.\n(2) If a court finds a person guilty of an offence against subsection (1),\nthe court may, in addition to a penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day the offence is\ncommitted.\n","sortOrder":85},{"sectionNumber":"88","sectionType":"section","heading":"Territory may carry out work if owner contravenes order","content":"88 Territory may carry out work if owner contravenes order\n(a) the owner of a heritage place or object does not comply with a\nrepair order for the place or object; and\n(b) either:\n(i) the period allowed for starting an appeal against the\ndecision to issue the repair order has ended and no\nappeal has been started; or\n\nHeritage Act 2011 36\n(ii) an appeal against the decision to issue the repair order\nhas been finally decided and is unsuccessful.\n(2) A heritage officer may enter the place, or place where the object is\nlocated, and have the work carried out.\n(3) The reasonable cost incurred by the Territory in carrying out the\nwork is a debt owing to the Territory by the owner.\n(4) In addition, if the order relates to a heritage place comprising land,\nthe order is an overriding statutory charge, as defined in section 4\nof the Land Title Act 2000, on the land.\n","sortOrder":86},{"sectionNumber":"89","sectionType":"section","heading":"CEO may give approval for removal","content":"89 CEO may give approval for removal\n(1) The CEO may give approval for a heritage object to be removed\nfrom the Territory for one of the following purposes:\n(a) public display, for example, in a museum;\n(b) scientific research or educational purposes;\n(c) a purpose prescribed by regulation.\n(2) The CEO may give the approval subject to the conditions, and for\nthe period, the CEO considers appropriate.\n(3) However, if the object is an Aboriginal or Macassan archaeological\nobject, the approval may be given only if the person or group who,\naccording to Aboriginal tradition, have a right to possess it, consent\nto the removal in accordance with the approval.\n\nHeritage Act 2011 37\n","sortOrder":87},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Tribunal reviews","content":"Part 4.1 Tribunal reviews\n","sortOrder":88},{"sectionNumber":"90","sectionType":"section","heading":"Reviewable decisions and affected persons","content":"90 Reviewable decisions and affected persons\n(1) A reviewable decision is a decision mentioned in Schedule 1.\n(2) An affected person, for a reviewable decision, is a person\nmentioned in Schedule 1 for the decision.\n","sortOrder":89},{"sectionNumber":"91","sectionType":"section","heading":"Application to Tribunal for review","content":"91 Application to Tribunal for review\n(1) An affected person may apply to the Tribunal for a review of a\nreviewable decision.\n(2) The following persons are parties to a proceeding for an application\nto review a reviewable decision:\n(a) the applicant;\n(b) the Territory.\n","sortOrder":90},{"sectionNumber":"93","sectionType":"section","heading":"Appealable decisions and affected persons","content":"93 Appealable decisions and affected persons\n(1) An appealable decision is a decision mentioned in Schedule 2.\n(2) An affected person, for an appealable decision, is a person\nmentioned in Schedule 2 for the decision.\n","sortOrder":91},{"sectionNumber":"94","sectionType":"section","heading":"Information notice","content":"94 Information notice\n(1) An information notice, for an appealable decision, is a written\nnotice stating the following:\n(a) the decision and the reasons for it;\n(b) that an affected person may appeal against the decision to the\nSupreme Court on a question of law only;\n(c) the period allowed for starting the appeal;\n(d) how to start the appeal.\n(2) The validity of an appealable decision is not affected by a failure to\ngive an information notice to an affected person for the decision.\n\nHeritage Act 2011 38\n","sortOrder":92},{"sectionNumber":"95","sectionType":"section","heading":"Appeal on question of law","content":"95 Appeal on question of law\n(1) An affected person for an appealable decision may appeal against\nthe decision to the Supreme Court.\n(2) The appeal may be made in relation to a question of law only.\n","sortOrder":93},{"sectionNumber":"96","sectionType":"section","heading":"Starting appeal","content":"96 Starting appeal\nThe appeal is started by filing a notice of appeal in the Supreme\nCourt in accordance with applicable rules of court.\n","sortOrder":94},{"sectionNumber":"97","sectionType":"section","heading":"Appeal procedure","content":"97 Appeal procedure\nThe appeal must be decided on the evidence before the Minister\nwhen the appealable decision was made.\n","sortOrder":95},{"sectionNumber":"98","sectionType":"section","heading":"Decision on appeal","content":"98 Decision on appeal\nIn deciding the appeal, the Supreme Court may:\n(a) make any incidental order it considers appropriate; and\n(b) if it allows the appeal:\n(i) refer the matter back to the Minister for reconsideration;\nand\n(ii) give any directions in law and recommendations it\nconsiders appropriate.\n\nHeritage Act 2011 39\n","sortOrder":96},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Preliminary matters","content":"Part 5.1 Preliminary matters\n","sortOrder":97},{"sectionNumber":"99","sectionType":"section","heading":"Definitions","content":"99 Definitions\nIn this Chapter:\nconnected, see section 100.\nenter, a place, includes re-enter and board the place.\noccupier, of a place, includes a person who reasonably appears to\nbe an occupier of the place.\nplace includes an aircraft, vehicle or vessel.\nNote for section 99\nSection 4 defines on to include at or in a place and so a reference in a provision\nto a thing on an aircraft, vehicle or vessel includes a thing in the aircraft, vehicle\nor vessel.\n","sortOrder":98},{"sectionNumber":"100","sectionType":"section","heading":"When thing is connected with offence","content":"100 When thing is connected with offence\nFor this Part, a thing is connected with an offence if:\n(a) the offence has been committed in relation to the thing; or\n(b) the thing will afford evidence of the commission of the offence;\nor\n(c) the thing was used, is being used or is intended to be used for\nthe purpose of committing the offence.\n","sortOrder":99},{"sectionNumber":"101","sectionType":"section","heading":"Entry of place – general","content":"101 Entry of place – general\n(1) For the administration or enforcement of this Act, a heritage officer\nmay enter:\n(a) a place (other than residential premises) at any reasonable\ntime; or\n(b) any place at any time:\n(i) with the consent of the occupier of the place; or\n\nHeritage Act 2011 40\n(ii) under a search warrant issued under this Part for the\nplace.\n(2) An appointed heritage officer who enters a place under\nsubsection (1) must not remain on the place if the officer does not\nproduce the officer's identity card when asked by the occupier of\nthe place.\n","sortOrder":100},{"sectionNumber":"102","sectionType":"section","heading":"Consent to entry","content":"102 Consent to entry\n(1) A heritage officer seeking the consent of an occupier of a place to\nenter the place must:\n(a) give the occupier the reasons why entry is sought; and\n(b) inform the occupier that the occupier may refuse to give\nconsent; and\n(c) if the officer is an appointed heritage officer – show the\nofficer's identity card to the occupier.\n(2) If:\n(a) it is material in proceedings for a court to be satisfied the\noccupier consented to entry under this Part; and\n(b) written consent of the occupier is not produced in evidence;\nthe court may presume, in the absence of evidence to the contrary,\nthe occupier did not give consent.\n","sortOrder":101},{"sectionNumber":"103","sectionType":"section","heading":"Entry of place – search warrant","content":"103 Entry of place – search warrant\n(1) A heritage officer may apply to a Local Court Judge, by information\non oath, for a search warrant for a place if the officer reasonably\nbelieves an offence against this Act is about to be, is being or has\nbeen committed on the place.\n(2) The Local Court Judge may issue a search warrant only if satisfied\nabout the matters set out in the information.\n(3) The warrant authorises the officer named in the warrant, and any\nother person helping the officer, to enter the place and to exercise a\nheritage officer's powers under this Chapter.\n(4) The warrant must state:\n(a) the purpose for which it is issued; and\n(b) the nature of the offence or contravention for which the entry\nis authorised; and\n\nHeritage Act 2011 41\n(c) the hours during which entry to the place is authorised or state\nthat the entry is authorised at any time of the day or night; and\n(d) the date, within 30 days after the warrant's issue, the warrant\nceases to have effect.\n(5) The heritage officer executing the warrant must, if asked by the\noccupier of the place or another person on the place, produce the\nwarrant for the person's inspection.\n","sortOrder":102},{"sectionNumber":"104","sectionType":"section","heading":"Additional powers for entry of aircraft, vehicle or vessel","content":"104 Additional powers for entry of aircraft, vehicle or vessel\n(1) This section applies if a heritage officer has reasonable grounds for\nsuspecting:\n(a) an aircraft, vehicle or vessel is being, has been or is likely to\nbe, used in the commission of an offence against this Act; or\n(b) an aircraft, vehicle or vessel, or a thing on an aircraft, vehicle\nor vessel, may provide evidence of the commission of an\noffence against this Act.\n(2) For entering the aircraft, vehicle or vessel under this Part, the\nheritage officer may require the person in control of the aircraft,\nvehicle or vessel:\n(a) to stop, move or not to move it; or\n(b) to bring it to a stated place and remain in control of it until the\nofficer permits it to depart; or\n(c) to give the officer reasonable help.\n(3) A person commits an offence if the person engages in conduct that\nresults in a contravention of the heritage officer's requirement.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n","sortOrder":103},{"sectionNumber":"105","sectionType":"section","heading":"Powers on entry of place","content":"105 Powers on entry of place\n(1) A heritage officer who enters a place under Part 5.2 may do any of\nthe following:\n(a) inspect or examine the place or anything found on the place;\n\nHeritage Act 2011 42\n(b) break open and search fixtures and fittings, furniture and\nfurnishings or boxes, packages and other containers found on\nthe place;\n(c) take measurements of, or conduct tests in relation to, the\nplace or anything found on the place;\n(d) take photographs, films or audio, video or other recordings of\nthe place or anything found on the place;\n(e) take and remove from the place:\n(i) an object the officer reasonably believes is a heritage\nobject for the purpose of the conservation of the object;\nor\n(ii) samples for analysis of anything found on the place;\n(f) take copies of, or extracts from, documents found on the\nplace;\n(g) require a person on the place to:\n(i) answer questions or provide information; or\n(ii) make available documents kept on the place; or\n(iii) give the officer reasonable help to exercise powers\nunder this section;\n(h) subject to section 106:\n(i) seize anything found on the place; or\n(ii) if the place is an aircraft, vehicle or vessel – seize it.\n(2) After taking a sample under subsection (1)(e)(ii) or seizing a thing\nunder subsection (1)(h), the heritage officer must give a receipt for\nthe sample or thing to:\n(a) the occupier of the place; or\n(b) the person whom the heritage officer reasonably believes was\nin possession of the sample or thing immediately before it was\ntaken or seized.\n(3) A requirement under subsection (1)(g) must be given by written\nnotice.\n\nHeritage Act 2011 43\n(4) When making the requirement, the heritage officer must inform the\nperson it is an offence not to comply with the requirement unless\nthe person establishes a reasonable excuse.\n(5) A person commits an offence if the person engages in conduct that\nresults in a contravention of the requirement.\n(6) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant establishes a reasonable excuse.\n(7) Without limiting subsection (6), it is a reasonable excuse for an\nindividual to fail to answer a question under subsection (1)(g)(i) if\ncomplying with the requirement might tend to incriminate the\nindividual.\n","sortOrder":104},{"sectionNumber":"106","sectionType":"section","heading":"Seizure of things","content":"106 Seizure of things\n(1) A heritage officer may seize a thing under section 105(1)(h) only if\nthe officer reasonably believes the thing:\n(a) is connected with an offence against this Act and the seizure\nis necessary to prevent the thing from being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence; or\n(b) is connected with an offence against this Act and the seizure\nis necessary to conduct tests for adducing evidence for a\nprosecution for the offence.\n(2) After seizing the thing, the heritage officer may:\n(a) take, or direct another person to take, the thing to the place\nstated by the officer; or\n(b) give directions about handling and storing the thing that the\nofficer considers appropriate.\n(3) A person commits an offence if the person:\n(a) interferes with or disposes of the seized thing; or\n(b) removes the seized thing from:\n(i) the place on which it was seized; or\n\nHeritage Act 2011 44\n(ii) the place to which it was taken by or under the direction\nof the heritage officer.\n(4) Subsection (3) does not apply if the person has the written consent\nof the CEO.\n","sortOrder":105},{"sectionNumber":"107","sectionType":"section","heading":"Retention of things seized","content":"107 Retention of things seized\nThe following provisions apply in relation to a thing seized:\n(a) it must be held by the heritage officer for adducing evidence\nfor a prosecution for an offence against this Act unless the\nCEO authorises its release to its owner or the person who had\npossession of it immediately before its seizure;\n(b) if, on a prosecution for an offence against this Act, the\ndefendant is found guilty of the offence, the court may order\nthe thing be forfeited to the Territory;\n(c) the officer must release the thing to its owner or the person\nwho had possession of it immediately before its seizure if:\n(i) a prosecution for an offence against this Act is not\nstarted within the period provided by section 52 of the\nLocal Court (Criminal Procedure) Act 1928; or\n(ii) on a prosecution being started within that period, the\ndefendant is not found guilty or the court does not make\nan order under paragraph (b).\n","sortOrder":106},{"sectionNumber":"108","sectionType":"section","heading":"Heritage officer may use help and force in exercising powers","content":"108 Heritage officer may use help and force in exercising powers\nA heritage officer may exercise a power under this Chapter with the\nhelp, and using the force, that is reasonable in the circumstances.\n","sortOrder":107},{"sectionNumber":"109","sectionType":"section","heading":"Power to require name and address","content":"109 Power to require name and address\n(1) This section applies if a heritage officer:\n(a) finds a person committing an offence against this Act; or\n(b) finds a person in circumstances that lead the officer to\nreasonably suspect the person has just committed an offence\nagainst this Act; or\n\nHeritage Act 2011 45\n(c) has information that leads the officer to reasonably suspect a\nperson has just committed an offence against this Act.\n(2) The heritage officer may require the person to state the person's\nname and address.\n(3) When making the requirement, the heritage officer must inform the\nperson it is an offence to contravene the requirement unless the\nperson establishes a reasonable excuse.\n(4) The heritage officer may require the person to give evidence of the\ncorrectness of the person's name or address if the officer\nreasonably suspects the name or address given is false.\n(5) A person commits an offence if the person engages in conduct that\nresults in a contravention of a requirement given to the person\nunder this section by a heritage officer.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant establishes a reasonable excuse.\n","sortOrder":108},{"sectionNumber":"110","sectionType":"section","heading":"Power to require information from certain persons","content":"110 Power to require information from certain persons\n(1) This section applies if a heritage officer reasonably suspects:\n(a) an offence against this Act has been committed; and\n(b) a person may be able to give information about the offence.\n(2) The heritage officer may require the person to give information\nabout the suspected offence.\n(3) When making the requirement, the heritage officer must inform the\nperson it is an offence to fail to give the information unless the\nperson establishes a reasonable excuse.\n(4) A person commits an offence if the person engages in conduct that\nresults in a contravention of the requirement.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(6) Without limiting subsection (5), it is a reasonable excuse for an\nindividual to fail to answer the question if complying with the\nrequirement might tend to incriminate the individual.\n\nHeritage Act 2011 46\n","sortOrder":109},{"sectionNumber":"111","sectionType":"section","heading":"Causing damage to heritage place or object","content":"111 Causing damage to heritage place or object\n(a) knows a place or object is a heritage place or object; and\n(b) engages in conduct that results in damage to the place or\n(2) A person commits an offence if the person engages in conduct that\nresults in damage to a heritage place or object.\nand\n(b) the person engages in conduct in accordance with Aboriginal\ntradition.\n(5) In addition, subsections (1) and (2) do not apply if the person:\n(a) engages in conduct in accordance with:\n(i) a heritage agreement; or\n(ii) a work approval; or\n(iii) work authorised under the declaration of heritage place\nor object; or\n(iv) a repair order; or\n(b) carries out exempt work.\n\nHeritage Act 2011 47\n(7) If a court finds a person guilty of an offence against subsection (1)\nor (2), the court may, in addition to a penalty imposed for the\noffence, order the person:\n(a) to pay an amount for the damage caused by committing the\noffence; or\n(b) to make good the damage caused by committing the offence.\n(8) An amount that is not paid in accordance with the order is a debt\npayable by the person.\n","sortOrder":110},{"sectionNumber":"112","sectionType":"section","heading":"Removal of part of heritage place","content":"112 Removal of part of heritage place\n(a) knows a place is a heritage place; and\n(b) removes a part of the place.\n(2) A person must not remove a part of a heritage place.\nand\n(b) the person removes the part of the heritage place in\naccordance with Aboriginal tradition.\n(5) In addition, subsections (1) and (2) do not apply if:\n(a) the removal is carried out in accordance with:\n(i) a heritage agreement; or\n(ii) a work approval; or\n(b) the removal is authorised under the declaration of the heritage\nplace or object; or\n(c) a repair order; or\n\nHeritage Act 2011 48\n(d) the removal is exempt work.\n","sortOrder":111},{"sectionNumber":"113","sectionType":"section","heading":"Removal of heritage objects from Territory","content":"113 Removal of heritage objects from Territory\n(a) knows an object is a heritage object; and\n(b) removes the object from the Territory.\n(2) A person must not remove a heritage object from the Territory.\nand\n(b) the person removes the object in accordance with Aboriginal\ntradition.\n(5) In addition, subsections (1) and (2) do not apply if the object is\nremoved in accordance with the CEO's approval under section 89.\n","sortOrder":112},{"sectionNumber":"114","sectionType":"section","heading":"Discovery of archaeological places and objects","content":"114 Discovery of archaeological places and objects\n(a) discovers a place or object the person knows is an Aboriginal\nor Macassan archaeological place or object; and\n(b) does not, as soon as practicable after the discovery, give the\nCEO a written report stating the following:\n(i) a description of the place or object;\n(ii) its location;\n\nHeritage Act 2011 49\n(iii) the person's name and address;\n(iv) if known by the person – the name and address of the\nowner or occupier of the place or place where the object\nis located.\nMaximum penalty: 20 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n(3) A person is taken to have complied with subsection (1) if the person\ngives the report to the CEO within 7 days after the discovery.\n","sortOrder":113},{"sectionNumber":"115","sectionType":"section","heading":"Alternative verdicts","content":"115 Alternative verdicts\n(1) This section applies if, on the trial of a person charged with an\noffence against a provision mentioned in the following Table (the\nprosecuted offence), the trier of fact:\n(a) is not satisfied beyond reasonable doubt the person\ncommitted the prosecuted offence; but\n(b) is satisfied beyond reasonable doubt the person committed\nthe offence, or the offence of attempting to commit the\noffence, mentioned in the Table opposite the prosecuted\noffence (the alternative offence).\n(2) The trier of fact may find the person not guilty of the prosecuted\noffence but guilty of the alternative offence.\nTable Alternative verdicts\nProsecuted offence Alternative offence\nsection 111(1) section 111(2)\nsection 112(1) section 112(2)\nsection 113(1) section 113(2)\n","sortOrder":114},{"sectionNumber":"116","sectionType":"section","heading":"Misleading information or document","content":"116 Misleading information or document\n(a) the person gives information to another person; and\n(b) the other person is an official; and\n\nHeritage Act 2011 50\n(c) the person knows the information is misleading; and\n(d) the person knows the official is acting in an official capacity.\n(2) A person commits an offence if:\n(a) the person gives a document to another person; and\n(b) the other person is an official; and\n(c) the person knows the document contains misleading\ninformation; and\n(d) the person knows the official is acting in an official capacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the official's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe official the information necessary to correct the document.\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nofficial means:\n(a) the CEO; or\n(b) a heritage officer.\n","sortOrder":115},{"sectionNumber":"117","sectionType":"section","heading":"Obstruction of person acting in official capacity","content":"117 Obstruction of person acting in official capacity\n(a) obstructs a heritage officer, or person assisting a heritage\nofficer, acting in an official capacity; and\n\nHeritage Act 2011 51\n(b) knows the heritage officer is, or person is assisting a heritage\nofficer, acting in an official capacity.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\nobstruct includes resist and hinder.\n","sortOrder":116},{"sectionNumber":"118","sectionType":"section","heading":"Falsely representing to be heritage officer","content":"118 Falsely representing to be heritage officer\n(a) the person represents, by words or conduct, that the person or\nanother person is a heritage officer; and\n(b) the person or other person is not a heritage officer; and\n(c) the person makes the representation with an intention to\ndeceive.\n(2) Strict liability applies to subsection (1)(b).\n","sortOrder":117},{"sectionNumber":"119","sectionType":"section","heading":"Definitions","content":"119 Definitions\ndeclared provision means any of the following provisions:\n(a) section 84(1), 87(1), 110(4), 111(1) and (2), 112(1) and (2),\n113(1) and (2), 114(1), 116(1) or (2), 117(1) or 118;\n(b) a provision of the Regulations prescribed by regulation.\nrepresentative, of a person, means an employee or agent of the\nperson.\n\nHeritage Act 2011 52\n","sortOrder":118},{"sectionNumber":"120","sectionType":"section","heading":"Conduct of representative","content":"120 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n\nHeritage Act 2011 53\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":119},{"sectionNumber":"121","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"121 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence (a relevant offence)\nby contravening a declared provision; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention; and\n(d) the officer was reckless about whether the contravention\nwould happen.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n\nHeritage Act 2011 54\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":120},{"sectionNumber":"122","sectionType":"section","heading":"Judicial notice","content":"122 Judicial notice\nIn any proceeding, a signature purporting to be the signature of the\nCEO is evidence of the signature it purports to be.\n\nHeritage Act 2011 55\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Evidentiary certificate","content":"123 Evidentiary certificate\nIn a proceeding for an offence against this Act, a certificate signed\nby the CEO stating any of the following matters is evidence of the\nmatter:\n(a) a stated place or object is a heritage place or object or is a\nplace or object of a protected class of heritage place or object;\n(b) a stated person was a heritage officer on a stated day;\n(c) a stated notice or other document was made, given or issued\non a stated day;\n(d) a stated document is a copy of a heritage agreement, work\napproval, stop work order or repair order.\n\nHeritage Act 2011 56\n","sortOrder":122},{"sectionNumber":"124","sectionType":"section","heading":"Establishment","content":"124 Establishment\nThe Heritage Council is established.\n","sortOrder":123},{"sectionNumber":"125","sectionType":"section","heading":"Functions","content":"125 Functions\nThe functions of the Council are as follows:\n(a) to assess the heritage significance of places and objects;\n(b) to recommend to the Minister the declaration of places and\nobjects to be heritage places and objects;\n(c) to recommend to the Minister the revocation of the declaration\nfor heritage places and objects;\n(d) to advise the Minister on the conservation, use and\nmanagement of heritage places and objects;\n(e) to advise the Minister about the carrying out of work on a\nheritage place or object and to decide applications for work\napprovals other than applications for major work;\n(f) to promote, as it considers appropriate, the public use and\nenjoyment of heritage places and objects in a way that is\nconsistent with the conservation of the heritage significance of\nthe places and objects;\n(g) to facilitate public education and programs about the\nTerritory's cultural and natural heritage;\n(h) to advise the Minister on financial incentives or concessions\nfor heritage agreements (either in general or on particular\nagreements);\n(i) to advise the Minister on matters affecting the Territory's\ncultural and natural heritage;\n(j) to perform other functions conferred under this or another Act\nor as directed by the Minister.\n\nHeritage Act 2011 57\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Powers","content":"126 Powers\nThe Council has the powers necessary to perform its functions.\n","sortOrder":125},{"sectionNumber":"127","sectionType":"section","heading":"Delegation","content":"127 Delegation\nThe Council may delegate any of its powers and functions to the\nCEO.\n","sortOrder":126},{"sectionNumber":"128","sectionType":"section","heading":"Membership of Council","content":"128 Membership of Council\n(1) The Council consists of:\n(a) 10 members appointed by the Minister (appointed\nmembers); and\n(b) the CEO or, if the CEO nominates another person to be a\nmember in the CEO's place, the nominee.\n(2) The appointed members are:\n(a) a representative of The National Trust of Australia (Northern\nTerritory); and\n(b) a representative of the Aboriginal Areas Protection Authority;\nand\n(c) a representative of an organisation representing the interests\nof local government; and\n(d) a representative of an organisation representing the interests\nof land owners; and\n(e) 6 persons with expertise or experience relevant to the\nadministration of this Act.\n(3) A representative of an entity must be nominated by the entity.\n(4) In appointing members, the Minister must, as far as practicable,\nensure at least 2 of the appointed members are of Aboriginal\ndescent.\n","sortOrder":127},{"sectionNumber":"129","sectionType":"section","heading":"Nominations for appointment of member","content":"129 Nominations for appointment of member\n(1) Before appointing a member under section 128(2)(e), the Minister\nmust invite nominations for appointment.\n\nHeritage Act 2011 58\n(2) The invitation may be made by public advertisement or in another\nway the Minister considers appropriate.\n","sortOrder":128},{"sectionNumber":"130","sectionType":"section","heading":"Duration of appointment","content":"130 Duration of appointment\nAn appointed member holds office for the period, not exceeding\n3 years, stated in the instrument of appointment.\n","sortOrder":129},{"sectionNumber":"131","sectionType":"section","heading":"Conditions of appointment","content":"131 Conditions of appointment\nAn appointed member holds office on the conditions stated in the\ninstrument of appointment.\n","sortOrder":130},{"sectionNumber":"132","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"132 Chairperson and deputy chairperson\n(1) The Minister must appoint an appointed member to be the\nchairperson.\n(2) The members must elect an appointed member to be the deputy\nchairperson.\n","sortOrder":131},{"sectionNumber":"133","sectionType":"section","heading":"When appointed member ceases to hold office","content":"133 When appointed member ceases to hold office\n(1) An appointed member ceases to hold office if:\n(a) the member resigns by giving written notice of resignation to\nthe Minister; or\n(b) the member's term of office comes to an end and the member\nis not reappointed; or\n(c) the member is convicted of an indictable offence or sentenced\nto imprisonment for an offence; or\n(d) the member is absent, except on leave granted by the\nCouncil, from 3 consecutive meetings of the Council; or\n(e) the member is removed from office under subsection (2).\n(2) The Minister may remove a member from office for:\n(a) mental or physical incapacity to carry out official duties\nsatisfactorily; or\n(b) neglect of duty; or\n(c) breach of a condition of appointment; or\n(d) dishonest or dishonourable conduct.\n\nHeritage Act 2011 59\n","sortOrder":132},{"sectionNumber":"134","sectionType":"section","heading":"Holding meetings","content":"134 Holding meetings\n(1) The Council must meet as often as is necessary for the exercise of\nits powers and the performance of its functions.\n(2) However, the Council must meet at least 4 times in each year.\n(3) The chairperson must call a meeting of the Council if asked to do\nso by the Minister or at least 5 members.\n(4) The chairperson must make the arrangements that enable the\nCouncil to meet.\n","sortOrder":133},{"sectionNumber":"135","sectionType":"section","heading":"Presiding member at meetings","content":"135 Presiding member at meetings\n(1) The chairperson must preside at all meetings of the Council at\nwhich he or she is present.\n(2) If the chairperson is absent from a meeting, the deputy chairperson\nmust preside.\n(3) If the chairperson and deputy chairperson are absent from a\nmeeting, the members present must elect a member to preside.\n","sortOrder":134},{"sectionNumber":"136","sectionType":"section","heading":"Procedures at meetings","content":"136 Procedures at meetings\n(1) A quorum of the Council consists of 6 members.\n(2) A question arising for decision at a Council meeting must be\nresolved according to the opinion of a majority of the members\npresent at the meeting and, if they are equally divided in opinion,\nthe chairperson has a casting vote.\n(3) The Council must keep proper minutes of its proceedings and\ndecisions.\n(4) Subject to this Part, the Council may decide its own procedures.\n","sortOrder":135},{"sectionNumber":"137","sectionType":"section","heading":"Disclosure of interest","content":"137 Disclosure of interest\n(1) If a member of the Council has a direct or indirect interest in a\nmatter being considered or about to be considered by the Council,\nthe member must disclose the nature of the interest at a Council\nmeeting as soon as practicable after the relevant facts come to the\nmember's knowledge.\n(2) The disclosure must be recorded in the Council's minutes.\n\nHeritage Act 2011 60\n(3) The member must not, while having that interest:\n(a) take part in any deliberation or decision of the Council relating\nto that matter; or\n(b) form part of the quorum of the Council in any deliberation or\ndecision of the Council relating to that matter.\n(4) However, subsection (3) does not apply if the Council resolves the\nsubsection does not apply to the member.\n(5) Despite the resolution, the member may refuse to take part in any\ndeliberation or decision of the Council relating to the matter.\n","sortOrder":136},{"sectionNumber":"138","sectionType":"section","heading":"Annual report","content":"138 Annual report\n(1) Within 3 months after the end of each financial year, the Council\nmust report to the Minister on this Act's administration for the year.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":137},{"sectionNumber":"139","sectionType":"section","heading":"Register of heritage places and objects","content":"139 Register of heritage places and objects\n(1) The Council must keep a register for this Act.\n(2) The register may be kept in the way the Council considers\nappropriate, including for example, in an electronic form.\n(3) The register must contain details of the following:\n(a) heritage places and objects declared under Part 2.2;\n(b) protected classes of heritage places and objects;\n(c) heritage agreements.\n(4) An entry in the register for a heritage place or object declared under\nPart 2.2 must:\n(a) state its location; and\n(b) contain a description of it; and\n(c) contain a statement of its heritage value.\n(5) However, the register must not include information that under\nAboriginal tradition must be kept secret.\n\nHeritage Act 2011 61\n","sortOrder":138},{"sectionNumber":"140","sectionType":"section","heading":"Public access to register","content":"140 Public access to register\nAnyone may inspect the register and copy or take extracts from the\nregister.\n","sortOrder":139},{"sectionNumber":"141","sectionType":"section","heading":"Who is heritage officer","content":"141 Who is heritage officer\n(1) A heritage officer is:\n(a) a person appointed under subsection (2) as a heritage officer\n(an appointed heritage officer); or\n(b) a police officer.\n(2) The CEO may appoint as a heritage officer:\n(a) a public sector employee of the Agency; or\n(b) a public sector employee of another Agency under an\narrangement with the Chief Executive Officer of that Agency;\nor\n(c) an officer or employee of a statutory corporation or local\ngovernment council under an arrangement with the\ncorporation or council; or\n(d) an officer or employee of another jurisdiction, or an authority\nof another jurisdiction, under an arrangement with the\njurisdiction or authority.\n(3) An appointed heritage officer has the powers and functions of a\nheritage officer under this Act as stated in the appointment.\n(4) A police officer has all the powers and functions of a heritage\nofficer.\n(5) In this section:\nanother jurisdiction means the Commonwealth, a State or\nanother Territory.\n","sortOrder":140},{"sectionNumber":"142","sectionType":"section","heading":"Identity cards","content":"142 Identity cards\n(1) The CEO must give each appointed heritage officer an identity card\nstating the person's name and that the person is a heritage officer.\n\nHeritage Act 2011 62\n(2) The identity card must:\n(a) show a recent photograph of the officer; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the officer.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":141},{"sectionNumber":"143","sectionType":"section","heading":"Production of identity card","content":"143 Production of identity card\nAn appointed heritage officer exercising a power or performing a\nfunction under this Act in relation to a person must, if asked by the\nperson, produce the officer's identity card for the person's\ninspection.\n","sortOrder":142},{"sectionNumber":"144","sectionType":"section","heading":"Return of identity card","content":"144 Return of identity card\n(1) A person who ceases to be an appointed heritage officer must\nreturn the person's identity card to the CEO within 21 days after the\ncessation.\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person establishes a reasonable excuse.\n\nHeritage Act 2011 63\n","sortOrder":143},{"sectionNumber":"145","sectionType":"section","heading":"Approved forms","content":"145 Approved forms\nThe CEO may approve forms for this Act.\n","sortOrder":144},{"sectionNumber":"146","sectionType":"section","heading":"Delegations by Minister and CEO","content":"146 Delegations by Minister and CEO\n(1) The Minister may delegate any of the Minister's powers and\nfunctions to the CEO.\n(2) The CEO may delegate any of the CEO's powers and functions to a\nheritage officer.\n","sortOrder":145},{"sectionNumber":"147","sectionType":"section","heading":"Acquisition on just terms","content":"147 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":146},{"sectionNumber":"148","sectionType":"section","heading":"Protection from liability","content":"148 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member of the Council;\n(b) a member of a committee of the Council;\n(c) a heritage officer;\n(d) a person assisting a heritage officer under Chapter 5.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\n\nHeritage Act 2011 64\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":147},{"sectionNumber":"149","sectionType":"section","heading":"Regulations","content":"149 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) regulating access to heritage places;\n(b) the identification of archaeological places;\n(c) applying, adopting or incorporating (with or without changes) a\nmatter contained in another instrument as in force or existing\nat a particular time or from time to time;\n(d) fees payable under this Act;\n(e) an offence against a regulation to be an offence of strict or\nabsolute liability but not with a penalty exceeding 100 penalty\nunits.\n\nHeritage Act 2011 65\n","sortOrder":148},{"sectionNumber":"Part 8","sectionType":"part","heading":"1 Repeal of Acts","content":"Part 8.1 Repeal of Acts\n","sortOrder":149},{"sectionNumber":"150","sectionType":"section","heading":"Repeals","content":"150 Repeals\nThe following Acts are repealed:\n(a) Heritage Conservation Act 1991 (Act No. 39 of 1991);\n(b) Heritage Conservation Amendment Act 1998 (Act No. 17\nof 1998).\n","sortOrder":150},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"151 Definitions\ncommencement day means the day on which section 150\ncommences.\nrepealed Act means the Heritage Conservation Act 1991 as in\nforce immediately before the commencement day.\n","sortOrder":151},{"sectionNumber":"152","sectionType":"section","heading":"Register","content":"152 Register\nThe Register kept under the repealed Act is taken to be the register\nunder this Act.\n","sortOrder":152},{"sectionNumber":"153","sectionType":"section","heading":"Heritage places and objects","content":"153 Heritage places and objects\n(1) Subject to subsection (2), a prescribed archaeological place under\nthe repealed Act is taken to be a heritage place declared under\nPart 2.1 of this Act.\n(2) A heritage place declared under section 26 of the repealed Act is\ntaken to be a heritage place declared under Part 2.2 of this Act.\n(3) Subject to subsection (4), a prescribed archaeological object under\nthe repealed Act is taken to be a heritage object declared under\nPart 2.1 of this Act.\n(4) A heritage object declared under section 26 of the repealed Act is\ntaken to be a heritage object declared under Part 2.2 of this Act.\n\nHeritage Act 2011 66\n","sortOrder":153},{"sectionNumber":"154","sectionType":"section","heading":"Pending assessments for declaration of heritage places and","content":"154 Pending assessments for declaration of heritage places and\n(a) before the commencement day:\n(i) an application had been made under the repealed Act to\nhave a place or object declared to be a heritage place or\n(ii) the Council had decided of its own motion, or was\ndirected by the Minister, to assess the heritage value of\na place or object; and\n(b) immediately before the commencement day, the assessment\nprocess under Part 4 of the repealed Act had not been\ncompleted for the place or object.\nUnder Part 4 of the repealed Act, the assessment process for declaring a place\nor object to be a heritage place or object includes the following:\n(a) assessment of the place or object by applying relevant heritage assessment\ncriteria;\n(b) seeking comments about the declaration;\n(c) considering comments received;\n(d) making a recommendation to, and decision by, the Minister about making the\ndeclaration.\nthe assessment process for the place or object.\n(3) However, if the Minister decides to declare the place or object to be\na heritage place or object:\n(a) the declaration must be made under section 34; but\n(b) section 40 does not apply to the declaration.\nNote for subsection (3)\nBecause of subsection (2), notice of the declaration is given under section 26(2)\nof the repealed Act and Part 8 (Appeals) of the repealed Act continues to apply to\nthe decision made in relation to the assessment of the place or object.\n(4) In addition, the Council must decide whether or not to recommend\nthe declaration of the place or object:\n(a) within 12 months after the commencement day – if the Council\nhad complied with section 24(2) before the commencement\nday; or\n\nHeritage Act 2011 67\n(b) within 2 years after the commencement day – if:\n(i) the application for the declaration was made under\nsection 21 of the repealed Act; and\n(ii) the Council had not complied with section 24(2) before\nthe commencement day.\n","sortOrder":154},{"sectionNumber":"155","sectionType":"section","heading":"Pending assessments for revocation of declaration of heritage","content":"155 Pending assessments for revocation of declaration of heritage\nplaces and objects\n(a) before the commencement day:\n(i) the Minister has requested the Council to assess\nwhether the Minister should revoke all or part of the\ndeclaration of a heritage place or object; or\n(ii) a request or application had been made under the\nrepealed Act for an assessment as to whether the\nMinister should revoke all or part of the declaration of a\n(b) immediately before the commencement day, the assessment\nprocess under Part 6A of the repealed Act had not been\ncompleted for the place or object.\nUnder Part 6A of the repealed Act, the assessment process for revoking the\ndeclaration of a heritage place or object includes the following:\n(a) assessment of the place or object by having regard to relevant heritage\nassessment criteria;\n(b) seeking comments about the revocation;\n(c) considering comments received;\n(d) making a recommendation to, and decision by, the Minister about making the\nrevocation.\nthe assessment process for the heritage place or object.\n(3) However, if the Minister accepts the recommendation to revoke the\ndeclaration of the heritage place or object:\n(a) the declaration must be made under section 64; and\n\nHeritage Act 2011 68\n(b) section 65 does not apply to the declaration.\nNote for subsection (3)\nBecause of subsection (2), notice of the declaration of revocation is given under\nsection 39H(4) of the repealed Act and Part 8 (Appeals) of the repealed Act\ncontinues to apply to the decision made in relation to the assessment of the place\nor object.\n","sortOrder":155},{"sectionNumber":"156","sectionType":"section","heading":"Interim conservation orders","content":"156 Interim conservation orders\n(1) This section applies to an interim conservation order in force\nimmediately before the commencement day for a heritage place or\n(2) The order is taken to be a provisional declaration of the place or\nobject to be a heritage place or object under this Act.\n","sortOrder":156},{"sectionNumber":"157","sectionType":"section","heading":"Conservation management plans","content":"157 Conservation management plans\n(1) This section applies to a conservation management plan in force\nimmediately before the commencement day for a heritage place or\n(2) The work permitted to be carried out on the place or object, or the\nmoving of the object, under the plan is taken to be a work approval\nfor the place or object subject to the conditions stated in the plan.\n(3) However, the work approval expires 2 years after the\ncommencement day.\n","sortOrder":157},{"sectionNumber":"158","sectionType":"section","heading":"Heritage agreements","content":"158 Heritage agreements\nA heritage agreement under the repealed Act is taken to be a\nheritage agreement under this Act.\n","sortOrder":158},{"sectionNumber":"159","sectionType":"section","heading":"Applications for approval for works etc. on heritage places and","content":"159 Applications for approval for works etc. on heritage places and\n(1) This section applies to an application that:\n(a) was made under section 39J(1) of the repealed Act for\napproval to do something mentioned in the section in relation\nto a heritage place or object; and\n(b) had not been decided immediately before the commencement\nday.\nthe application.\n\nHeritage Act 2011 69\n","sortOrder":159},{"sectionNumber":"160","sectionType":"section","heading":"Authorisations for works etc. on heritage places and objects","content":"160 Authorisations for works etc. on heritage places and objects\n(1) This section applies to an authorisation given under section 39K of\nthe repealed Act whether given:\n(a) before the commencement day; or\n(b) after the commencement day under section 159.\n(2) The authorisation has effect as if it were a work approval and\ncontinues in force until it would have ended under the repealed Act\nas if that Act had not been repealed.\n","sortOrder":160},{"sectionNumber":"161","sectionType":"section","heading":"Directions to repair or maintain heritage places and objects","content":"161 Directions to repair or maintain heritage places and objects\nDespite its repeal, the repealed Act continues to apply in relation to\na direction under section 49 of that Act to repair or maintain a\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":161},{"sectionNumber":"163","sectionType":"section","heading":"Definitions","content":"163 Definitions\nIn this Division:\ncommencement means the commencement of Part 11 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal Act\nimmediately before the commencement of the Northern Territory\nCivil and Administrative Tribunal Act 2014.\nnew legislation means the following as in force after the\ncommencement:\n(a) this Act;\n\nHeritage Act 2011 70\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n","sortOrder":162},{"sectionNumber":"164","sectionType":"section","heading":"Review of Council's or Minister's decision made before","content":"164 Review of Council's or Minister's decision made before\ncommencement\n(a) before the commencement, the Council or Minister had given\na person a review notice for a reviewable decision; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the review\nperiod for the decision had not expired and the person\nhad not applied for a review of the decision;\n(ii) before the commencement, the person had applied for a\nreview of the decision and the proceeding for the review\nhad not been decided.\n(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\nthe person to apply for a review of the decision within the review\nperiod.\n(3) The former legislation continues to apply in relation to the functions\nand powers of the former Tribunal in conducting and deciding a\nproceeding for the review regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n(4) In this section:\nreview period means the period within which a person given a\nreview notice is entitled to apply for a review of the reviewable\ndecision mentioned in the notice.\n","sortOrder":163},{"sectionNumber":"165","sectionType":"section","heading":"Council's or Minister's decision made after commencement","content":"165 Council's or Minister's decision made after commencement\n(a) a person had made an application to the Council or Minister\nbefore the commencement; and\n(b) the Council or Minister makes a reviewable decision for the\napplication after the commencement.\n\nHeritage Act 2011 71\n(2) The new legislation applies in relation to:\n(a) giving a review notice for the decision; and\n(b) a person's entitlement to apply for a review of the decision.\n","sortOrder":164},{"sectionNumber":"166","sectionType":"section","heading":"Applications before former Tribunal","content":"166 Applications before former Tribunal\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the former Tribunal for\nthe review of the merits of a reviewable decision; and\n(b) the former Tribunal had not completed the review.\n(2) The former Tribunal must continue to deal with the review in\naccordance with the former legislation.\n\n","sortOrder":165},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions and affected persons","content":"Schedule 1 Reviewable decisions and affected persons\nHeritage Act 2011 72\nSchedule 1 Reviewable decisions and affected persons\nsection 90\nReviewable decision Affected person\nCouncil decision a place or object is not\nof heritage significance on a heritage\nnomination (section 25(1))\nThe person who made the\nnomination\nCouncil decision not to recommend\ndeclaration of place or object as heritage\nplace or object (section 27)\nsection 29(1) to be given a review\nnotice for the decision\nCouncil or Minister's decision on\napplication for work approval\n(section 74(1))\nThe applicant or owner of the\nheritage place or object\n\nHeritage Act 2011 73\nsection 93\nAppealable decision Affected person\nMinister's decision not to declare a place\nor object to be a heritage place or object\n(section 32)\nsection 35(3) to be given an\nMinister's decision to permanently\ndeclare a place or object to be a heritage\nplace or object (section 32)\nsection 40(1) to be given an\nMinister's decision to provisionally\ndeclare a place or object to be a heritage\nplace or object (section 36 or 37)\nsection 40(1) to be given an\nAn interested person for any place\nor object the use or value of which\nis directly affected by the decision\nMinister's decision to revoke declaration\nfor heritage place or object (section 62)\nsection 65(2) to be given an\nAn interested person for any place\nor object the use or value of which\nis directly affected by the\nMinister's decision not to revoke\ndeclaration of heritage place or object\n(section 62)\nsection 66(3) to be given an\nMinister's decision to issue repair order\nfor a heritage place or object (section 86)\nOwner of the heritage place or\nobject\n\nHeritage Act 2011 74\n","sortOrder":166},{"sectionNumber":"1","sectionType":"section","heading":"KEY Key to abbreviations","content":"1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":167},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nHeritage Act 2011 (Act No. 34, 2011)\nAssent date 15 November 2011\nCommenced 1 October 2012 (Gaz S43, 31 July 2012)\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n\nHeritage Act 2011 75\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 40, 65, 67, 68, 70, 88,\n107, 151 and 163.\n4 LIST OF AMENDMENTS\ns 4 amd No. 35, 2014, s 61\ns 26 amd No. 25, 2025, s 12\ns 35 amd No. 25, 2025, s 13\ns 40 amd No. 25, 2025, s 14\ns 45 amd No. 28, 2013, s 61; No. 25, 2025, s 15\ns 51 amd No. 25, 2025, s 16\ns 59 amd No. 25, 2025, s 17\ns 65 amd No. 25, 2025, s 18\ns 81 amd No. 35, 2014, s 62\ns 91 sub No. 35, 2014, s 63\ns 92 rep No. 35, 2014, s 63\ns 103 amd No. 8, 2016, s 45\ns 107 amd No. 8, 2016, s 45\ns 141 amd No. 19, 2014, s 26\nch 8\npt 8.2\ndiv 1 hdg ins No. 35, 2014, s 64\ns 162 exp No. 34, 2011, s 162(5)\nch 8\npt 8.2\ndiv 2 hdg ins No. 35, 2014, s 65\nss 163 – 166 ins No. 35, 2014, s 65\nch 9 hdg exp No. 34, 2011, s 171\nch 9\npt 9.1 hdg exp No. 34, 2011, s 171\nss 163 – 167 exp No. 34, 2011, s 171\nch 9\npt 9.2 hdg exp No. 34, 2011, s 171\nss 168 – 169 exp No. 34, 2011, s 171\nch 9\npt 9.3 hdg exp No. 34, 2011, s 171\ns 170 exp No. 34, 2011, s 171\nch 9\npt 9.4 hdg exp No. 34, 2011, s 171\ns 171 exp No. 34, 2011, s 171\nsch 3 exp No. 34, 2011, s 171","sortOrder":168}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The 2025 version incorporates only minor procedural amendments (e.g., updating references from 'internet' to 'Agency's website') and does not alter the fundamental scope or structure of the Act as originally enacted in 2011. The core mechanisms for declaration, conservation, enforcement, and review remain unchanged."},"complexity_factors":["47 defined terms in the interpretation section (section 4)","Nested assessment and decision processes in Part 2.2 with multiple stages, time limits, and conditional extensions","Cross-references between parts (e.g., Part 2.4 relies on Part 2.2 definitions and processes)","Complex offence provisions with strict liability, knowledge requirements, and multiple defences","Transitional provisions that continue the repealed Act for pending assessments and applications","Conditional logic distinguishing 'major work' from other work, with different decision-makers and timeframes","Multiple tiers of review (Tribunal) and appeal (Supreme Court on questions of law only)","Exceptions to exceptions, e.g., section 41 prevents reassessment for 5 years unless owner consents"],"plain_english_summary":"This Act creates a system to identify, protect, and manage places and objects in the Northern Territory that have special cultural or natural importance (called 'heritage significance'). It sets up a Heritage Council to assess and recommend which sites or items should be officially listed as 'heritage places' or 'heritage objects'. Once listed, owners and developers must get approval before doing work that could damage or change them. The Act also allows the government to enter into voluntary agreements with owners, issue stop-work orders in emergencies, and require repairs. It includes offences for causing damage, removing objects without permission, and failing to report discoveries of Aboriginal or Macassan archaeological sites. There are review and appeal rights through the Civil and Administrative Tribunal and the Supreme Court. The Act applies to land, buildings, objects, and even entire classes of sites (like WWII wrecks). It affects property owners, developers, local councils, Aboriginal communities, and anyone who might uncover archaeological material."},"kimi_summary":{"_metrics":{"completionTokens":850},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3: to conserve the Territory's cultural and natural heritage through declaration processes, heritage agreements, work regulation, and enforcement. The detailed procedural mechanisms, while complex, serve this core purpose rather than expanding into unrelated areas. The inclusion of Macassan heritage alongside Aboriginal heritage reflects the Territory's specific historical context rather than scope creep."},"complexity_factors":["Multiple overlapping processes for individual declarations, protected classes, provisional declarations, and revocations, each with different timeframes and consultation requirements","Extensive cross-referencing between Parts — for example, work approvals in Part 3.2 interact with heritage agreements (Part 3.1), exempt work regulations (Part 3.3), and enforcement powers (Chapter 5)","Conditional logic throughout — major work requires Minister decision with Council advice, other work goes to Council; different rules apply to Aboriginal/Macassan heritage, sacred sites, and native title","Defined terms section with 47+ defined terms, many with nested definitions (e.g., 'heritage place' depends on 'protected class' which depends on declaration under Part 2.3)","Multiple decision-makers with different powers: Council, Minister, CEO, heritage officers, and the Tribunal, with delegation provisions creating further complexity","Strict liability offences with reasonable excuse defences, plus corporate criminal liability provisions in Part 5.7 that modify general Criminal Code principles","Transitional provisions in Part 8.2 preserving old Act processes for pending matters while new Act applies to new matters, creating parallel systems","Schedules 1 and 2 listing reviewable and appealable decisions with different affected persons for each, requiring cross-referencing to identify standing"],"plain_english_summary":"This is the Northern Territory's main law for protecting cultural and natural heritage. It creates a system to identify, declare and conserve places and objects that matter to the Territory's history and environment.\n\n**What the Act does:**\n\n- **Establishes the Heritage Council** — an independent body of experts and community representatives who assess whether places or objects deserve protection\n\n- **Creates two types of heritage protection:**\n  - *Individual declarations* — specific places or objects (like a historic building or sacred site) can be nominated, assessed and declared as heritage\n  - *Protected classes* — whole categories can be protected at once (like all WWII aircraft wrecks or shipwrecks), even if their exact locations aren't known\n\n- **Automatic protection for Aboriginal and Macassan heritage** — archaeological places and objects from Aboriginal or Macassan (Indonesian trader) history are automatically heritage, no separate declaration needed\n\n- **Controls what can be done to heritage items** — owners generally need approval before carrying out work that might damage heritage significance. The Minister can issue stop-work orders in emergencies and repair orders if maintenance is neglected\n\n- **Allows heritage agreements** — voluntary deals between owners and the government about how a place will be managed, which can include financial incentives\n\n- **Sets up enforcement** — heritage officers can enter properties, seize items and issue fines. There are criminal offences for damaging heritage, removing objects from the Territory, or failing to report discovered archaeological items\n\n- **Provides review rights** — decisions can be reviewed by the Civil and Administrative Tribunal or appealed to the Supreme Court on legal questions\n\n**Who it affects:**\n- Property owners whose land or buildings might be declared heritage\n- Developers and anyone proposing to alter heritage places\n- Aboriginal traditional owners (the Act specifically protects their rights and excludes sacred sites from heritage agreements)\n- Anyone who discovers archaeological items\n- Museums and collectors dealing with heritage objects\n\n**Why it matters:**\nThe Act balances conservation with property rights. It recognises that heritage protection can restrict what owners do with their property, so it includes compensation rights, requires consultation, and lets owners request revocation of heritage status if circumstances change. The automatic protection for Aboriginal heritage reflects the Territory's unique cultural landscape and legal obligations under land rights and native title laws."}},"importantCases":[],"_links":{"self":"/api/acts/heritage-act-2011","history":"/api/acts/heritage-act-2011/history","analysis":"/api/acts/heritage-act-2011/analysis","conflicts":"/api/acts/heritage-act-2011/conflicts","importantCases":"/api/acts/heritage-act-2011/important-cases","documents":"/api/acts/heritage-act-2011/documents"}}