{"id":"heritage-act-2017","name":"Heritage Act 2017","slug":"heritage-act-2017","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174133,"registerId":"vic-heritage-act-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to re-enact with amendments the **Heritage Act 1995**—\n\n(a) to provide for the protection and conservation of the cultural heritage of the State; and\n\n(b) to establish a Victorian Heritage Register for the registration of places and objects; and\n\n(c) to establish a Heritage Inventory for the recording of archaeological sites and approved sites of archaeological value; and\n\n(d) to establish a Heritage Council to perform functions in relation to cultural heritage; and\n\n(e) to establish a Heritage Fund to provide for the conservation and management of cultural heritage; and\n\n(f) to provide for the management of places included in the World Heritage List; and\n\n(g) to create offences and other enforcement measures to protect and conserve cultural heritage.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 November 2017, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***Aboriginal person*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***Aboriginal tradition*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***alter***, in relation to a place or object, means to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration;\n\n***approved site of archaeological value*** means a site of archaeological value approved by the Heritage Council under section 133;\n\n***Approved World Heritage Management Plan*** means a World Heritage Management Plan approved under Part 9 and includes any approved amendments to that plan;\n\n***Approved World Heritage Strategy Plan*** means a World Heritage Strategy Plan approved under Part 9 and includes any approved amendments to that plan;\n\n***archaeological artefact*** means an object (other than a shipwreck artefact) which provides information of past activity in the State and—\n\n(a) is associated with an archaeological site; or\n\n(b) is associated with a registered archaeological place; or\n\n(c) is associated with an approved site of archaeological value; or\n\n(d) is associated with a place that was an archaeological site, registered archaeological place or approved site of archaeological value;\n\n***archaeological site*** means a place (other than a shipwreck) which—\n\n(a) contains an artefact, deposit or feature which is 75 or more years old; and\n\n(b) provides information of past activity in the State; and\n\n(c) requires archaeological methods to reveal information about the settlement, development or use of the place; and\n\n(d) is not associated only with Aboriginal occupation of the place;\n\nS. 3(1) def. of *audio link* inserted by No. 5/2023 s. 13.\n\n***audio link*** has the same meaning as in section 42C of the **Evidence (Miscellaneous Provisions) Act 1958**;\n\nS. 3(1) def. of *audio visual link* inserted by No. 5/2023 s. 13.\n\n***audio visual link*** has the same meaning as in section 42C of the **Evidence (Miscellaneous Provisions) Act 1958**;\n\n***building*** includes a structure, work and fixture, and any part of a building, structure, work or fixture;\n\nS. 3(1) def. of *building permit* inserted by No. 5/2023 s. 25(a).\n\n***building permit*** means a building permit issued under the **Building Act 1993**;\n\nS. 3(1) def. of *business day* inserted by No. 5/2023 s. 25(a).\n\n***business day*** means a day other than—\n\n(a) a Saturday or a Sunday; or\n\n(b) a day appointed under the **Public Holidays Act 1993** as a public holiday or public half‑holiday;\n\n***committee*** means a committee established under section 13;\n\n***conservation*** includes—\n\n(a) the retention of the cultural heritage significance of a place or object; and\n\n(b) any maintenance, protection, preservation, restoration, reconstruction or sustainable use of a place or object;\n\n***corporate plan*** means a corporate plan prepared by the Heritage Council and approved by the Minister under clause 9 of Schedule 1;\n\n***cultural heritage*** means places and objects of—\n\n(a) cultural heritage significance; or\n\n(b) State-level cultural heritage significance;\n\n***cultural heritage management plan*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***cultural heritage permit*** has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\n***cultural heritage significance*** means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance;\n\nS. 3(1) def. of *Department* amended by No. 5/2023 s. 25(b).\n\n***Department*** means the Department of Transport and Planning;\n\n***develop***, in relation to a place, means—\n\n(a) to construct or alter the place or a building on the place; or\n\n(b) to demolish or remove a building or structure on the place; or\n\n(c) to carry out any works on, over or under the place; or\n\n(d) to subdivide or consolidate land comprising the place, including any building or airspace; or\n\n(e) to place or relocate a building or structure on the place; or\n\n(f) to construct or put up for display signs or hoardings;\n\n***dispose***, in relation to a place or object, includes—\n\n(a) any assumption of any of the rights of an owner in relation to the place or object; and\n\n(b) any dealing in the place or object whether for reward or not; and\n\n(c) selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange the place or object;\n\nS. 3(1) def. of *exclusion determination* inserted by No. 5/2023 s. 19.\n\n***exclusion determination***—see section 36A;\n\n***Executive Director*** means the Executive Director employed under section 18;\n\n***executive officer*** means an executive officer of the Heritage Council employed under section 22;\n\n***government asset manager*** means a Minister or any entity responsible for the care, management or control of—\n\n(a) a building on government land; or\n\n(b) government land; or\n\n(c) a government object;\n\n***government land*** means land, other than Crown land which is permanently or temporarily reserved under section 4 of the **Crown Land (Reserves)** **Act 1978** and vested in trustees or is under the control of a committee of management under that Act, which is—\n\n(a) Crown land; or\n\n(b) land vested in a Minister; or\n\n(c) land vested in a public authority;\n\n***government object*** means an object owned by or vested in—\n\n(a) the Crown; or\n\n(b) a Minister; or\n\n(c) a public authority;\n\n***harm***, in relation to a place or object, includes moving or removing any part of the place or object;\n\n***heritage certificate*** means a certificate given under section 58;\n\n***Heritage Council*** means the Heritage Council established under Division 1 of Part 2;\n\n***Heritage Fund*** means the Heritage Fund established under Part 11;\n\n***Heritage Inventory*** means the Heritage Inventory established under Division 1 of Part 6;\n\n***Heritage Register*** means the Victorian Heritage Register established under Division 1 of Part 3;\n\n***historic shipwreck*** has the meaning given by section 4;\n\n***historic shipwreck artefact*** has the meaning given by section 5;\n\n***inspector*** means—\n\n(a) an inspector appointed under Part 10; or\n\n(b) a police officer;\n\n***interim protection order*** means an order issued under Division 1 of Part 8;\n\n***listed place*** means a place in the State which is included in the World Heritage List and is recorded in the Heritage Register;\n\nS. 3(1) def. of *municipal council* amended by No. 9/2020 s. 390(Sch. 1 item 53).\n\n***municipal council*** means a Council within the meaning of the **Local Government Act 2020**;\n\n***National Trust*** means the National Trust of Australia (Victoria);\n\n***notice of intended action***—see section 230;\n\n***object*** includes—\n\n(a) any fixed or non-fixed object; and\n\n(b) a collection of objects; and\n\n(c) a shipwreck artefact; and\n\n(d) an archaeological artefact;\n\n***owner*** means—\n\n(a) in relation to land which has been alienated in fee by the Crown and is under the operation of the **Transfer of** **Land Act 1958**, other than land in an identified folio under that Act—the person who is registered or entitled to be registered as proprietor of an estate in fee simple in the land; or\n\n(b) in relation to land which has been alienated in fee by the Crown and is under the **Transfer of Land Act 1958**, being land in an identified folio under that Act—the person who is the owner of the fee or equity of redemption; or\n\n(c) in relation to land which has been alienated in fee by the Crown but is land not under the operation of the **Transfer of Land Act 1958**—the person who is the owner of the fee or equity of redemption; or\n\n(d) in relation to Crown land reserved under the **Crown Land (Reserves) Act** **1978** and managed or controlled by a committee of management—the Minister administering that Act; or\n\n(e) in relation to any other Crown land—the Minister or public authority that manages or controls the land; or\n\n(f) in relation to land affected by an owners corporation—\n\n(i) any owner of affected lots; and\n\n(ii) the owners corporation in relation to any common property for which the owners corporation is responsible;\n\nS. 3(1) def. of *personal information* inserted by No. 5/2023 s. 4.\n\n***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**;\n\n***place*** includes—\n\n(a) an archaeological site; and\n\n(b) an area of land covered with water; and\n\n(c) a building; and\n\n(d) a garden; and\n\n(e) a landscape; and\n\n(f) a precinct; and\n\n(g) a shipwreck; and\n\n(h) a site; and\n\n(i) a tree; and\n\n(j) land associated with any thing specified in paragraphs (a) to (i);\n\n***place of worship*** means a place used for religious activities, including a chapel, church, mosque, synagogue or temple;\n\nS. 3(1) def. of *planning permit* inserted by No. 5/2023 s. 25(a).\n\n***planning permit*** means a permit issued under the **Planning and Environment Act 1987**;\n\n***planning scheme*** means a planning scheme approved under the **Planning and Environment Act 1987**;\n\n***possess***, in relation to an item, includes—\n\n(a) having the custody or control of the item by any means; and\n\n(b) controlling access to the item, either alone or in the company or with the assistance of others;\n\n***protected zone*** means a place included in the Heritage Register as a protected zone;\n\n***public authority*** means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council;\n\nS. 3(1) def. of *public availability requirements* inserted by No. 5/2023 s. 4.\n\n***public availability requirements***—see section 254A;\n\n***rectification order*** means an order issued under Division 3 of Part 8;\n\n***registered archaeological artefact*** means an object included in the Heritage Register as a registered archaeological artefact;\n\n***registered archaeological place*** means a place included in the Heritage Register as a registered archaeological place;\n\n***registered object*** means an object included in the Heritage Register;\n\n***registered place*** means a place included in the Heritage Register;\n\n***registered shipwreck*** means—\n\n(a) a shipwreck included in the Heritage Register under section 49; or\n\n***place*** is defined to include a shipwreck—see paragraph (g) of that definition.\n\n(b) a historic shipwreck that has been included in the Heritage Register; or\n\n(c) a place appearing to be a shipwreck provisionally registered under section 68;\n\n***registered shipwreck artefact*** means—\n\n(a) a shipwreck artefact included in the Heritage Register under section 49; or\n\n***object*** is defined to include a shipwreck artefact—see paragraph (c) of that definition.\n\n(b) a historic shipwreck artefact that has been included in the Heritage Register; or\n\n(c) an object appearing to be a shipwreck artefact provisionally registered under section 68;\n\nS. 3(1) def. of *relevant survey purpose* amended by No. 5/2023 s. 25(c).\n\n***relevant survey purpose*** means the purpose of—\n\n(a) discovering an archaeological site; or\n\n(b) preparing a cultural heritage management plan; or\n\n(c) acting in accordance with a cultural heritage permit;\n\n***repair order*** means an order made under Division 2 of Part 8;\n\n***residence*** means a building or part of a building ordinarily used as a residence;\n\n***responsible authority*** has the meaning given by section 13 of the **Planning and Environment Act 1987**;\n\nS. 3(1) def. of *sea* repealed by No. 5/2023 s. 25(d).\n\n***sea-bed*** means any land temporarily or permanently covered by Victorian waters;\n\n***ship*** includes any vessel used in navigation by water;\n\n***shipwreck*** means—\n\n(a) the remains or any part of the remains of a ship; and\n\n(b) any marine concretions and accretions that have become attached to the remains or any part of the remains of the ship;\n\n***shipwreck artefact*** means—\n\n(a) an artefact associated with a shipwreck, including an artefact appearing to have formed part of a ship or appearing to have been installed or carried on a ship; and\n\n(b) any marine concretions and accretions that have become attached to the artefact;\n\nS. 3(1) def. of *show cause notice* inserted by No. 5/2023 s. 25(a).\n\n***show cause notice*** means a notice served under section 154(2);\n\n***site card***, in relation to an investigation or survey of land, means a summary of information prepared in the prescribed form by the person undertaking the investigation or survey;\n\n***State-level cultural heritage significance*** means cultural heritage significance which is important to the history and development of the State;\n\n***statement of recommendation***—see section 40;\n\nS. 3(1) def. of *statement of recom-mendation period* inserted by No. 5/2023 s. 25(a).\n\n***statement of recommendation period*** means the period beginning on the day on which a statement of recommendation is given under section 40(1) and ending on the day on which either of the following occurs—\n\n(a) a determination is made under section 49 or 52 to not include the place, object or land in the Heritage Register;\n\n(b) the place or part of the place, or object or land, is included in the Heritage Register;\n\n***stop order*** means an order issued under Division 4 of Part 8;\n\n***underwater cultural heritage regulations*** means regulations made under section 256;\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**;\n\n***Victorian coastal waters*** has the same meaning as the expression \"coastal waters of the State\" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;\n\n***Victorian waters*** means Victorian coastal waters and waters within the limits of the State;\n\n***works*** includes—\n\n(a) any physical intervention, excavation or action that may result in a permanent or temporary change to the appearance or physical nature of a place or object; and\n\n(b) any change to the natural or existing condition or topography of land; and\n\n(c) any removal or destruction of trees; and\n\n(d) any removal of vegetation or topsoil;\n\n***World Heritage Environs Area*** means an area declared to be a World Heritage Environs Area under Part 9;\n\n***World Heritage List*** has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;\n\n***world heritage values*** has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.\n\n(2) A reference in this Act to a shipwreck or to a shipwreck artefact being situated in any waters includes a reference to a shipwreck or shipwreck artefact—\n\n(a) being situated in or forming part of the sea‑bed or the sub-soil of the sea-bed beneath those waters; or\n\n(b) being situated in or forming part of a reef in those waters.\n\n(3) A reference in this Act to a shipwreck or to a shipwreck artefact being no longer situated in any waters includes a reference to a shipwreck or shipwreck artefact being situated on or forming part of land or the sub-soil of land.\n\n(4) An item must not be taken not to be a shipwreck or shipwreck artefact for the purposes of this Act by reason only that it is attached to a shipwreck, a reef, the sea-bed, land or the sub-soil of the sea‑bed or land.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of *historic shipwreck*","content":"\t4 Meaning of *historic shipwreck*\n\n(1) Subject to subsection (5), a ***historic shipwreck*** is a shipwreck that has been situated in Victorian waters—\n\n(a) for 75 years or more; or\n\n(b) for the number of years specified under proclamation under section 6 (a ***proclaimed number of years***).\n\n(2) Subsection (1) applies whether or not the existence or location of the shipwreck is presently known.\n\n(3) In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a ***historic shipwreck***—\n\n(a) 75 years after the likely date that the shipwreck first came to rest on the sea-bed; or\n\n(b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed.\n\n(4) Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.\n\n(5) A shipwreck is not a ***historic shipwreck*** if it is—\n\n(a) a shipwreck specified under proclamation under subsection (6); or\n\n(b) a shipwreck of a class specified under proclamation under subsection (6).\n\n(6) The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of *historic shipwreck artefact*","content":"\t5 Meaning of *historic shipwreck artefact*\n\n(1) Subject to subsection (5), a ***historic shipwreck artefact*** is a shipwreck artefact that has been situated in Victorian waters—\n\n(a) for 75 years or more; or\n\n(b) for the number of years specified under proclamation under section 6 (a ***proclaimed number of years***).\n\n(2) Subsection (1) applies whether or not the existence or location of the object is presently known.\n\n(3) In addition but subject to subsection (5), a shipwreck artefact that has been removed from Victorian waters at any time becomes a ***historic shipwreck artefact***—\n\n(a) 75 years after the likely date that the object first came to rest on the sea-bed; or\n\n(b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the object first came to rest on the sea-bed.\n\n(4) Subsection (3) does not apply to an object that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.\n\n(5) A shipwreck artefact is not a ***historic shipwreck artefact*** if it is—\n\n(a) an object specified under proclamation under subsection (6); or\n\n(b) an object of a class specified under proclamation under subsection (6).\n\n(6) The Governor in Council, by proclamation published in the Government Gazette, may specify an object, or an object of a specified class, is not a historic shipwreck artefact.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Specification of period of years for determining a historic shipwreck or historic shipwreck artefact","content":"\t6 Specification of period of years for determining a historic shipwreck or historic shipwreck artefact\n\n(1) The Governor in Council, by proclamation published in the Government Gazette, may specify a period of years for the purpose of section 4(1)(b) or 5(1)(b).\n\n(2) A period of years specified under subsection (1) cannot be—\n\n(a) less than 10 years; or\n\n(b) 75 years or more.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Crown to be bound","content":"\t7 Crown to be bound\n\nThis Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of Act","content":"\t8 Application of Act\n\nThis Act does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition.\n\nPart 2—Heritage administration\n\nDivision 1—Heritage Council\n\n\t9 Establishment of the Heritage Council\n\n(1) The Heritage Council is established.\n\n(2) The Heritage Council—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) has a common seal; and\n\n(c) may sue and be sued in its corporate name; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n(3) The common seal of the Heritage Council must be kept as directed by the Heritage Council.\n\n(4) All courts must take judicial notice of the seal of the Heritage Council on a document and, until the contrary is proved, must presume that the document was properly sealed.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Members of the Heritage Council","content":"\t10 Members of the Heritage Council\n\n(1) The Heritage Council consists of 10 members appointed by the Governor in Council on the recommendation of the Minister.\n\n(2) Of the persons appointed as members of the Heritage Council—\n\n(a) 7 persons must have recognised skills or expertise in one of each of the following areas—\n\n(i) archaeology;\n\n(ii) architectural conservation or architectural history;\n\n(iii) engineering or building construction;\n\n(iv) heritage law, planning law or property law;\n\n(v) financial management;\n\n(vi) history;\n\n(vii) urban or regional planning; and\n\n(b) one person must be appointed from a list of 3 names submitted to the Minister by the National Trust; and\n\n(c) one person must be an Aboriginal person who has relevant experience or knowledge of cultural heritage; and\n\n(d) one person must have a demonstrated understanding, expertise or interest in the State's heritage or in the management of heritage places.\n\n(3) If the National Trust does not submit a list of names to the Minister under subsection (2)(b) within one month after receiving a written request by the Minister, the Governor in Council may appoint a suitable person nominated by the Minister to fill the vacancy.\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Functions and powers of the Heritage Council","content":"\t11 Functions and powers of the Heritage Council\n\n(1) The functions of the Heritage Council are—\n\n(a) to advise the Minister on the status of the State's cultural heritage resources and on any steps necessary to protect and conserve them; and\n\n(b) to make and publish guidelines in relation to the conservation of cultural heritage; and\n\n(c) to promote public understanding of the State's cultural heritage and develop and conduct community information and education programs; and\n\n(d) to advise government departments and agencies, municipal councils and other responsible authorities on matters relating to the protection and conservation of cultural heritage; and\n\n(e) to liaise with other bodies responsible for matters relating to the protection, conservation, management and promotion of cultural heritage; and\n\n(f) to initiate and undertake programs of research related to the identification, conservation or interpretation of cultural heritage; and\n\n(g) to include places or objects in the Heritage Register; and\n\n(h) to remove places or objects from the Heritage Register, or to amend the registration of a place or object; and\n\n(i) to remove sites from the Heritage Inventory; and\n\n(j) to conduct reviews of decisions of the Executive Director in relation to nominations, permits and consents; and\n\n(k) to develop, revise and publish the assessment criteria to be used in considering the cultural heritage significance of places and objects and determining whether those places or objects should or should not be included in the Heritage Register; and\n\n(l) to adopt, and forward to the Minister, World Heritage Strategy Plans and amendments to World Heritage Strategy Plans; and\n\n(m) to determine criteria for assessing whether a place has archaeological value; and\n\n(n) to advise the Minister administering the **Planning and Environment Act 1987** on proposed amendments to planning schemes which may affect the protection or conservation of cultural heritage; and\n\n(o) to manage the Heritage Fund; and\n\n(p) to perform any other functions conferred on the Heritage Council under this Act or any other Act.\n\n(2) Subject to this Act, the Heritage Council has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of its functions.\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Assessment criteria regarding cultural heritage significance","content":"\t12 Assessment criteria regarding cultural heritage significance\n\nIn determining assessment criteria for inclusion of places and objects in the Heritage Register under section 11(1)(k), the Heritage Council must have regard to the following matters—\n\n(a) historical importance, association with or relationship to the State's history;\n\n(b) good design or aesthetic characteristics;\n\n(c) scientific or technical innovations or achievements;\n\n(d) social or cultural associations;\n\n(e) potential to educate, illustrate or provide further scientific investigation in relation to the State's cultural heritage;\n\n(f) importance in exhibiting a richness, diversity or unusual integration of features;\n\n(g) rarity or uniqueness of a place or object;\n\n(h) the representative nature of a place or object as part of a class or type of places or objects;\n\n(i) methods of establishing the extent to which land or objects nominated for inclusion in the Heritage Register in association with a registered place or a place nominated for inclusion are integral to the State-level cultural heritage significance of the place;\n\n(j) any other matter which is relevant to the determination of State-level cultural heritage significance.\n\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Committees","content":"\t13 Committees\n\n(1) For the purposes of this Act, the Heritage Council may appoint committees consisting of at least 3 members of the Heritage Council and any other persons as the Heritage Council considers necessary.\n\n(2) A committee may—\n\n(a) make recommendations to the Heritage Council on any matter referred to it by the Heritage Council; and\n\n(b) perform any other function, duty or power given to it under this Act.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Consultation and advice","content":"\t14 Consultation and advice\n\n(1) In performing its functions or duties or exercising its powers under this Act, the Heritage Council or a committee may do any of the following—\n\n(a) consult with any person or body;\n\n(b) perform any investigation it considers appropriate;\n\n(c) prepare, commission the preparation of or adopt any guidelines, statements of policy, reports, studies and conservation plans it considers appropriate;\n\n(d) have regard to any information it considers relevant.\n\n(2) The Heritage Council may engage persons with suitable qualifications and experience as consultants.\n\n(3) An engagement under subsection (2) may be on any terms and conditions that the Heritage Council considers appropriate.\n\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Delegation of powers—Heritage Council","content":"\t15 Delegation of powers—Heritage Council\n\n(1) Subject to subsection (2), the Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to the Executive Director or the executive officer, other than—\n\n(a) the power to review the Executive Director's refusal of a nomination; or\n\n(b) the power to determine that a place or object should or should not be included in the Heritage Register; or\n\n(c) the power to approve sites of archaeological value; or\n\nS. 15(1)(d) repealed by No. 5/2023 s. 26.\n\n(e) the power to review determinations of the Executive Director in relation to consents; or\n\n(f) the power to review determinations of the Executive Director in relation to permits.\n\n(2) The Heritage Council cannot delegate any of its functions, duties or powers in relation to the management of the Heritage Fund to the Executive Director.\n\n(3) The Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to a committee.\n\nUnder section 42A(1)(aa) of the **Interpretation of Legislation Act 1984**, the power to delegate under this section cannot be delegated.\n\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Immunity from liability","content":"\t16 Immunity from liability\n\n(1) A member of the Heritage Council or a member of a committee is not liable for anything done or omitted to be done in good faith—\n\n(a) in performing any function, duty or power under this Act, the regulations or any other Act; or\n\n(b) in the reasonable belief that the act or omission was in the performance of a function, duty or power under this Act, the regulations or any other Act.\n\n(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a member of the Heritage Council or a member of a committee, attaches instead to the Heritage Council.\n\n\t17 Further heritage administration\n\nSchedule 1 has effect.\n\nDivision 2—Executive Director\n\n\t18 Executive Director\n\nAn Executive Director must be employed under Part 3 of the **Public Administration Act 2004** for the purposes of this Act.\n\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Functions and powers of Executive Director","content":"\t19 Functions and powers of Executive Director\n\n(1) The functions of the Executive Director are—\n\n(a) to establish and maintain the Heritage Register; and\n\n(b) to recommend to the Heritage Council the registration of any place or object in the Heritage Register; and\n\n(c) to recommend to the Heritage Council the removal of places or objects from the Heritage Register, or the amendment of the Heritage Register; and\n\n(d) to establish and maintain the Heritage Inventory; and\n\n(e) to determine applications for permits and consents under this Act; and\n\n(f) to make and publish—\n\n(i) guidelines in relation to the nomination of places and objects, applications for permits, applications for consents, the assessment of applications, and the assessment of sites of archaeological value under this Act; and\n\n(ii) forms and other materials relating to the nomination of places and objects, applications for permits, applications for consents, and reporting requirements under this Act; and\n\n(g) to report to the Heritage Council on all actions or decisions taken by the Executive Director in relation to nominations for registration, permits and any other matters on which the Heritage Council requires a report; and\n\n(h) to regulate the investigation and documentation of registered places and registered objects and other cultural heritage in the State; and\n\n(i) to manage the enforcement of this Act; and\n\n(j) to prepare World Heritage Strategy Plans; and\n\n(k) to perform any other functions conferred on the Executive Director under this Act or any other Act.\n\n(2) Subject to this Act, the Executive Director has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of the Executive Director's functions.\n\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Delegation of powers—Executive Director","content":"\t20 Delegation of powers—Executive Director\n\nThe Executive Director, by instrument, may delegate to an officer or employee employed under section 21 the Executive Director's functions, duties or powers under this Act.\n\nUnder section 42A(1)(aa) of the **Interpretation of Legislation Act 1984**, the power to delegate under this section cannot be delegated.\n\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Staff","content":"\t21 Staff\n\nAny employees that are necessary for the purposes of this Act may be employed under Part 3 of the **Public Administration Act 2004**.\n\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Executive officer of Heritage Council","content":"Division 3—Executive officer of Heritage Council\n\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Executive officer of the Heritage Council","content":"\t22 Executive officer of the Heritage Council\n\n(1) An executive officer of the Heritage Council may be employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) The functions of the executive officer are—\n\n(a) to assist the Heritage Council perform its functions; and\n\n(b) to perform any other functions conferred on the executive officer under this Act.\n\n(3) The executive officer has the power to do all things necessary or convenient to be done for, or in connection with or incidental to, the performance of the executive officer's functions.\n\nPart 3—Victorian Heritage Register\n\nDivision 1—Establishment and content of Victorian Heritage Register\n\n\t23 Establishment of the Victorian Heritage Register\n\nThe Executive Director must establish and maintain a register called the Victorian Heritage Register.\n\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Content of the Heritage Register","content":"\t24 Content of the Heritage Register\n\nThe Executive Director must record in the Heritage Register—\n\n(a) all places and objects of State-level cultural heritage significance that are registered under this Part; and\n\n(b) all objects integral to registered places that are registered under this Part; and\n\n(c) any place in the State that is included in the World Heritage List; and\n\n(d) all historic shipwrecks and historic shipwreck artefacts to the extent they are known; and\n\n(e) all places and objects included in the Heritage Register under the **Heritage Act 1995** immediately before the commencement of section 257.\n\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Categories of registration","content":"\t25 Categories of registration\n\n(1) A place or object must be recorded in the Heritage Register in one or more of the following categories—\n\n(a) a registered place;\n\n(b) a registered object;\n\n(c) a registered object integral to a registered place;\n\n(d) a registered archaeological place;\n\n(e) a registered archaeological artefact;\n\n(f) a registered shipwreck;\n\n(g) a registered shipwreck artefact;\n\n(h) a protected zone;\n\n(i) a place included in the World Heritage List.\n\n(2) The Executive Director must specify the category or categories of the Heritage Register in which a place or object is to be registered.\n\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Details included in the Heritage Register","content":"\t26 Details included in the Heritage Register\n\n(1) The Executive Director must include in the Heritage Register sufficient details to identify a place or object included in the Heritage Register.\n\n(2) The Executive Director is not required to include the name or exact location of a shipwreck or shipwreck artefact in the Heritage Register if the name or exact location of the shipwreck or shipwreck artefact is unknown.\n\n(3) If the Heritage Council determines that a place or object may be harmed if it is fully identified in the Heritage Register, the Heritage Council may direct the Executive Director to limit the identifying details in the Heritage Register to those specified by the Heritage Council.\n\n","sortOrder":23},{"sectionNumber":"Div 2","sectionType":"division","heading":"Nominations for registration","content":"Division 2—Nominations for registration\n\nS. 27 (Heading) amended by No. 5/2023 s. 27.\n\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Nominations of place or object for inclusion in the Heritage Register","content":"\t27 Nominations of place or object for inclusion in the Heritage Register\n\n(1) A person or body may nominate a place or object for inclusion in the Heritage Register.\n\n(2) A nomination under subsection (1) must be made to the Executive Director in the prescribed form.\n\n(3) The Executive Director may nominate a place or object for inclusion in the Heritage Register.\n\n(4) A nomination under this section must include—\n\n(a) reasons why the place or object should be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and\n\n(b) any other prescribed information.\n\nS. 27A inserted by No. 5/2023 s. 28.\n\n","sortOrder":25},{"sectionNumber":"27A","sectionType":"section","heading":"Nominations of objects integral to places","content":"\t27A Nominations of objects integral to places\n\n(1) A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register an object that is integral to understanding the cultural heritage significance of—\n\n(a) a registered place; or\n\n(b) a place that is the subject of a nomination under section 27 which has not been determined.\n\n(2) A nomination under subsection (1) may be made—\n\n(a) in respect of an object whether or not the object is located at the place or under the place; or\n\n(b) in respect of all archaeological artefacts associated with the place whether or not the number, nature or exact location of the archaeological artefacts is known; or\n\n(c) without the extraction of the object from the place.\n\n(3) A nomination under subsection (1) must be made in the prescribed form.\n\nS. 27B inserted by No. 5/2023 s. 28.\n\n","sortOrder":26},{"sectionNumber":"27B","sectionType":"section","heading":"Nominations of additional land","content":"\t27B Nominations of additional land\n\n(1) A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register additional land as part of—\n\n(a) a registered place; or\n\n(b) a place that is the subject of a nomination under section 27 which has not been determined.\n\n(2) Additional land may be nominated under subsection (1) if—\n\n(a) the State‑level cultural heritage significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or\n\n(b) the additional land surrounds the place and—\n\n(i) is important to the protection or conservation of the place; or\n\n(ii) contributes to the understanding of the place.\n\n(3) A nomination under subsection (1) must be made in the prescribed form.\n\n(4) A nomination may be accepted under this section whether or not the additional land is under the same ownership as the place.\n\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Certain nominations cannot be accepted","content":"\t28 Certain nominations cannot be accepted\n\nS. 28(1) substituted by No. 5/2023 s. 29(1).\n\n(1) Subject to subsection (2), the Executive Director cannot accept a nomination under this Division if—\n\n(a) the Executive Director, in the preceding 5 years, has refused a nomination in relation to the same or substantially the same place, object or land on the grounds that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register; or\n\n(b) the Heritage Council, in the preceding 5 years—\n\n(i) has refused to register the place or object following a nomination under section 27 or 27A; or\n\n(ii) has removed the place or object from the Heritage Register; or\n\n(iii) has refused to include the land following a nomination under section 27B as part of a place in the Heritage Register; or\n\n(iv) has amended the Heritage Register to remove the land from a registered place; or\n\n(c) the Minister, in the preceding 5 years, has refused to—\n\n(i) register the place or object following a nomination under section 27 or 27A; or\n\n(ii) include the land following a nomination under section 27B as part of a place in the Heritage Register.\n\nS. 28(1A) inserted by No. 5/2023 s. 20(1).\n\n(1A) In addition, subject to subsection (2), the Executive Director cannot accept a nomination under this Division if the Executive Director, in the preceding 5 years, has made an exclusion determination in relation to the place or object or the part of the place or object.\n\nS. 28(2) amended by No. 5/2023 s. 29(2).\n\n(2) If the Executive Director receives new information relating to a place, object or land which was not available to the Executive Director, the Heritage Council or the Minister in making a decision referred to in subsection (1), and the Executive Director considers the information to be of significance, the Executive Director may accept a nomination relating to—\n\nS. 28(2)(a) amended by No. 5/2023 ss 20(2), 29(2).\n\n(a) a place, object or land referred to in subsections (1)(a) or (b) or (1A); or\n\nS. 28(2)(b) amended by No. 5/2023 s. 29(2).\n\n(b) with the consent of the Minister, a place, object or land referred to in subsection (1)(c).\n\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Executive Director may refuse nominations in certain circumstances","content":"\t29 Executive Director may refuse nominations in certain circumstances\n\nS. 29(1) amended by No. 5/2023 s. 30(1).\n\n(1) The Executive Director may refuse a nomination under this Division if the Executive Director considers that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register.\n\nS. 29(2) amended by No. 5/2023 s. 30(2).\n\n(2) The Executive Director must give the person or body that made the nomination written notice of the Executive Director's refusal of the nomination as soon as practicable after the refusal.\n\n(3) The written notice must include—\n\n(a) reasons why the nomination has been refused; and\n\nS. 29(3)(b) amended by No. 5/2023 s. 30(3).\n\n(b) a statement that the person or body that made the nomination has the right to request a review of the refusal of the nomination.\n\nS. 29(4) substituted by No. 5/2023 s. 30(4).\n\n(4) In addition to the notice under subsection (2), the Executive Director must give written notice of the refusal of the nomination to—\n\n(b) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Requests for review of the Executive Director's refusal of nomination","content":"\t30 Requests for review of the Executive Director's refusal of nomination\n\nS. 30(1) amended by No. 5/2023 s. 31(1).\n\n(1) A person or body whose nomination has been refused by the Executive Director under section 29 may make a written request to the Heritage Council to review the Executive Director's decision refusing that nomination.\n\n(a) be lodged within 28 days after the nominator receives written notice of the Executive Director's decision refusing the nomination; and\n\n(3) The Heritage Council may request the Executive Director to provide any information in relation to the decision refusing the nomination.\n\n(4) The Executive Director must provide any information requested under subsection (3).\n\n(5) In determining a review, the Heritage Council may—\n\n(a) affirm the decision under review; or\n\n(b) set aside the decision under review and make another decision in substitution for it; or\n\nS. 30(5)(c) amended by No. 5/2023 s. 31(2).\n\n(c) set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.\n\nS. 30(6) repealed by No. 5/2023 s. 31(3).\n\n(7) The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.\n\n(8) The Heritage Council must give the nominator written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.\n\nS. 30(9) substituted by No. 5/2023 s. 31(4).\n\n(9) In addition to the notice under subsection (8), the Heritage Council must give written notice of the outcome of a review to—\n\n(b) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(c) the Executive Director.\n\nSs 31, 32 repealed by No. 5/2023 s. 32.\n\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Requests for further information regarding nominations","content":"\t33 Requests for further information regarding nominations\n\nS. 33(1) amended by No. 5/2023 s. 33(a).\n\n(1) The Executive Director may make a written request to a person or body that made a nomination under this Division for further information to assist the consideration of the nomination.\n\nS. 33(2) amended by No. 5/2023 s. 33(b).\n\n(2) The person or body that made the nomination must provide any information requested by the Executive Director within 30 days after the request or a longer period agreed to by the Executive Director.\n\n(3) If the person or body does not provide the requested information within the period referred to in subsection (2), the nomination is taken to have been withdrawn.\n\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Notice of nominations","content":"\t34 Notice of nominations\n\nS. 34(1) amended by No. 5/2023 s. 34(a).\n\n(1) The Executive Director, within 14 days after accepting a nomination under this Division, must give written notice of the acceptance to—\n\nS. 34(1)(a) amended by No. 5/2023 s. 34(b).\n\n(a) the person or body that made the nomination; and\n\nS. 34(1)(b) amended by No. 5/2023 s. 34(c).\n\n(b) the owner of the place, object or land; and\n\nS. 34(1)(c) amended by No. 5/2023 s. 34(c).\n\n(c) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(2) If the Executive Director considers that it is not practicable in a particular case to give notice to an owner under subsection (1), the Executive Director may apply to the Minister to exempt the Executive Director from the requirements of that subsection.\n\n(3) If the Minister exempts the Executive Director from the requirement to give notice under subsection (1), the Executive Director must give notice to the affected owners in any manner the Minister specifies in the exemption.\n\n(4) The details of any exemption must be included in the Department's report of operations under the **Financial Management Act 1994**.\n\nS. 34A inserted by No. 5/2023 s. 21.\n\n","sortOrder":32},{"sectionNumber":"34A","sectionType":"section","heading":"Effect of decision of Executive Director not to make an exclusion determination","content":"\t34A Effect of decision of Executive Director not to make an exclusion determination\n\n(1) The Executive Director is taken to have accepted a nomination of a place or object, or part of a place or object, for inclusion in the Heritage Register under this Division if—\n\n(a) the Executive Director has refused to make an exclusion determination in relation to the place or object or part of the place or object, under section 36C(1)(c), and review rights in relation to the decision to refuse are exhausted; or\n\n(b) the Heritage Council—\n\n(i) has set aside a decision of the Executive Director to make an exclusion determination in relation to the place or object or part of the place or object; and\n\n(ii) has substituted a decision to refuse to make the exclusion determination in relation to the place or object or part of the place or object.\n\n(2) For the purposes of this Division, the Executive Director is taken to have accepted the nomination under section 27 on whichever of the following days is applicable—\n\n(a) if subsection (1)(a) applies, on the day after the day on which the review rights were exhausted;\n\n(b) if subsection (1)(b) applies, on the day after the day on which the Heritage Council set aside the Executive Director's decision.\n\n(3) For the purposes of subsection (1)(a), review rights in relation to a decision of the Executive Director are exhausted—\n\n(a) subject to paragraph (b), on the day after the end of the period for making an application for review; or\n\n(b) if the decision of the Executive Director is affirmed on review, on the day after the day on which the decision is affirmed.\n\nS. 35 amended by No. 5/2023 s. 35.\n\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Deferral of consideration for nomination","content":"\t35 Deferral of consideration for nomination\n\nIf any place, object or land which is the subject of a nomination has been offered for sale or is offered for sale within 60 days after the making of the nomination, the Executive Director, with the agreement of the owner of the place, object or land, may defer the consideration of a nomination until after completion of that sale.\n\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Owner to notify purchaser of nomination and deferral","content":"\t36 Owner to notify purchaser of nomination and deferral\n\nS. 36(1) amended by No. 5/2023 s. 36(a).\n\n(1) The owner of a place, object or land which is the subject of a nomination under this Division, before entering into a contract for the sale of the place, object or land, must inform the purchaser of the nomination and of any deferral of consideration of the nomination.\n\nS. 36(2) amended by No. 5/2023 s. 36(b).\n\n(2) If the owner of a place, object or land which is the subject of a nomination under this Division fails to comply with subsection (1), the contract of sale is not invalid, but is voidable at the option of the purchaser.\n\nPt 3 Div. 2A (Heading and ss 36A–36F) inserted by No. 5/2023 s. 22.\n\n","sortOrder":35},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Exclusion determinations","content":"Division 2A—Exclusion determinations\n\nS. 36A inserted by No. 5/2023 s. 22.\n\n","sortOrder":36},{"sectionNumber":"36A","sectionType":"section","heading":"Application for an exclusion determination","content":"\t36A Application for an exclusion determination\n\n(1) A prescribed person or body, or a person or body included in a prescribed class, may make an application to the Executive Director for a determination under section 36C (an ***exclusion determination***) that a place or object not be included in the Heritage Register.\n\n(2) An application for an exclusion determination must—\n\n(a) be made to the Executive Director in the prescribed form; and\n\n(b) be prepared by a prescribed person; and\n\n(c) include reasons why the place or object should not be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and\n\n(d) include any other prescribed information; and\n\n(e) be accompanied by the prescribed fee (if any).\n\nS. 36B inserted by No. 5/2023 s. 22.\n\n","sortOrder":37},{"sectionNumber":"36B","sectionType":"section","heading":"Requests for further information regarding application","content":"\t36B Requests for further information regarding application\n\n(1) The Executive Director, by writing, may request that an applicant for an exclusion determination provide further information to assist the consideration of the application.\n\n(2) The applicant must provide any information requested by the Executive Director—\n\n(a) within 30 days after the request; or\n\n(b) within a longer period agreed to by the Executive Director.\n\n(3) If the applicant does not provide the requested information within the period referred to in subsection (2), the application is taken to have been withdrawn.\n\nS. 36C inserted by No. 5/2023 s. 22.\n\n","sortOrder":38},{"sectionNumber":"36C","sectionType":"section","heading":"Decision on application","content":"\t36C Decision on application\n\n(1) After considering an application for an exclusion determination in relation to a place or object, the Executive Director must—\n\n(a) make the exclusion determination as specified in the application, if the Executive Director is satisfied that the place or object has no reasonable prospect of inclusion in the Heritage Register; or\n\n(b) make an exclusion determination in relation to a part of the place or object, if the Executive Director is satisfied that the part of the place or object has no reasonable prospect of inclusion in the Heritage Register; or\n\n(c) refuse to make the exclusion determination, if the Executive Director is not so satisfied as mentioned in paragraph (a) or (b).\n\n(2) If the Executive Director makes an exclusion determination in relation to a place or part of a place, the Executive Director may refer the determination to the relevant planning authority or the Minister administering the **Planning and Environment Act 1987** to consider the inclusion of the place, or the part of the place, as the case requires, in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.\n\nS. 36D inserted by No. 5/2023 s. 22.\n\n","sortOrder":39},{"sectionNumber":"36D","sectionType":"section","heading":"Notice of decision to make or refuse to make an exclusion determination","content":"\t36D Notice of decision to make or refuse to make an exclusion determination\n\n(1) This section applies if the Executive Director—\n\n(a) decides to make an exclusion determination in relation to a place or object or part of a place or object; or\n\n(b) refuses to make an exclusion determination in relation to a place or object or part of a place or object.\n\n(2) Within 14 days of the decision, the Executive Director must give written notice of the decision to the following—\n\n(a) the applicant;\n\n(b) the owner of the place or object or the part of the place or object;\n\n(c) the responsible authority for the area in which the place or object or the part of the place or object is situated;\n\n(d) if the responsible authority for the area in which the place or object or the part of the place or object is situated is not a municipal council, the relevant municipal council.\n\n(3) The written notice must include—\n\n(a) reasons for the decision; and\n\n(b) a statement that specifies—\n\n(i) who has the right to request a review of the decision under section 36E; and\n\n(ii) the process that will apply if a review of the decision is not requested, or if a decision is made on a review of the decision.\n\n(4) In the case of a decision to make an exclusion determination in relation to a place or object or part of a place or object, within 14 days of the decision, the Executive Director must also—\n\n(a) publish the exclusion determination in a newspaper circulating generally in the area in which the place or object or the part of the place or object is situated; and\n\n(b) make the exclusion determination available on the Internet site of the Department for a period of at least 14 days; and\n\n(c) include with the exclusion determination, as published or made available, a statement that a person who has a real and substantial interest in the place or object or the part of the place or object has the right to request a review of the decision to make the exclusion determination.\n\nS. 36E inserted by No. 5/2023 s. 22.\n\n","sortOrder":40},{"sectionNumber":"36E","sectionType":"section","heading":"Request for review of decision to make or refuse to make an exclusion determination","content":"\t36E Request for review of decision to make or refuse to make an exclusion determination\n\n(1) If the Executive Director makes or refuses to make an exclusion determination in relation to a place or object or part of a place or object, a person who has a real and substantial interest in the place or object or the part of the place or object, by writing, may request the Heritage Council to review the Executive Director's decision.\n\n(a) be made within 28 days after the written notice of the Executive Director's decision is given; and\n\n(3) If the Executive Director refuses to make an exclusion determination in relation to a place or object or part of a place or object, the applicant for the exclusion determination, by writing, may request the Heritage Council to review the Executive Director's decision.\n\n(4) A request under subsection (3) must—\n\n(a) be made within 28 days after the written notice of the Executive Director's decision is given; and\n\n(5) The Heritage Council, by writing, may request that the Executive Director provide specified information in relation to the Executive Director's decision.\n\n(6) The Executive Director must provide any information requested under subsection (5).\n\nS. 36F inserted by No. 5/2023 s. 22.\n\n","sortOrder":41},{"sectionNumber":"36F","sectionType":"section","heading":"Decision on review","content":"\t36F Decision on review\n\n(1) In determining an application under section 36E for review of a decision of the Executive Director to make, or refuse to make, an exclusion determination, the Heritage Council may—\n\n(a) affirm the decision under review; or\n\n(b) set aside the decision under review and make another decision in substitution for it; or\n\n(c) set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.\n\n(2) The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.\n\n(3) The Heritage Council must give the applicant for review written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.\n\n(4) In addition to the notice under subsection (3), the Heritage Council must give written notice of the outcome of a review to—\n\n(a) the owner of the place or object or the part of the place or object; and\n\n(b) the applicant for the exclusion determination concerned (if they are not notified under subsection (3)); and\n\n(c) the responsible authority for the area in which the place or object or the part of the place or object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(d) the Executive Director.\n\nDivision 3—Recommendations of registration\n\nS. 37 substituted by No. 5/2023 s. 37.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Executive Director recommendations in respect of nominations","content":"\t37 Executive Director recommendations in respect of nominations\n\n(1) After considering a nomination under Division 2 and any further information provided under section 33, the Executive Director must recommend to the Heritage Council—\n\n(a) that the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or\n\n(b) that the land should be included in the Heritage Register as part of a place; or\n\n(c) that part of the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or\n\n(d) that part of the land should be included in the Heritage Register as part of a place; or\n\n(e) that the place or object should not be included in the Heritage Register; or\n\n(f) that the land should not be included in the Heritage Register as part of a place.\n\n(2) If the Executive Director makes a recommendation that a place, or part of a place, should not be included in the Heritage Register, the Executive Director may refer the nomination to the relevant planning authority or the Minister administering the **Planning and Environment Act 1987** to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.\n\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Executive Director recommendations for exempted works or activities","content":"\t38 Executive Director recommendations for exempted works or activities\n\nS. 38(1) amended by No. 5/2023 s. 38(1).\n\n(1) If the Executive Director makes a recommendation to the Heritage Council that a place, object or land should be included in the Heritage Register, the Executive Director may include in the recommendation categories of works or activities which may be carried out in relation to the place, object or land without the need for a permit under Part 5.\n\nS. 38(2) amended by No. 5/2023 s. 38(2).\n\n(2) The Executive Director must not make a recommendation referred to in subsection (1) in relation to any categories of works or activities if the Executive Director considers that the works or activities may harm  the cultural heritage significance of the place, object or land.\n\nS. 38(3) amended by No. 5/2023 s. 38(3).\n\n(3) The Executive Director may consult with the owner of the place, object or land before making the recommendation.\n\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Executive Director recommendations for protected zones","content":"\t39 Executive Director recommendations for protected zones\n\n(1) The Executive Director may recommend to the Heritage Council that a place, being an area of land covered with water and any associated land, be included in the Heritage Register as a protected zone if the place contains—\n\n(a) a registered shipwreck; or\n\n(b) a registered shipwreck artefact; or\n\n(c) a registered archaeological place; or\n\n(d) a registered archaeological artefact.\n\n(2) An area initially recommended under this section must not be greater than 100 hectares.\n\n(3) In addition, any subsequent recommendation under this section recommending an expansion of the area of an existing protected zone must not result in that protected zone being greater than 100 hectares.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Statement of recommendation","content":"\t40 Statement of recommendation\n\nS. 40(1) amended by No. 5/2023 s. 39(1)(a).\n\n(1) Subject to subsection (2), on making a recommendation to the Heritage Council that a place, object or land should or should not be included in the Heritage Register, the Executive Director must give a statement (a ***statement of recommendation***) to—\n\nS. 40(1)(a) amended by No. 5/2023 s. 39(1)(b).\n\nS. 40(1)(b) substituted by No. 5/2023 s. 23(1), amended by No. 5/2023 s. 39(1)(c).\n\n(b) in the case of a nomination that has been made by a person or body, the person or body that made the nomination; and\n\nS. 40(1)(ba) inserted by No. 5/2023 s. 23(1).\n\n(ba) in the case of a nomination that the Executive Director is taken to have accepted under section 34A(1), the applicant for the exclusion determination concerned; and\n\nS. 40(1)(c) amended by No. 5/2023 s. 39(1)(d).\n\n(c) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(2) If a place that is a shipwreck or protected zone or an object that is a shipwreck artefact is recommended for inclusion in the Heritage Register, the Executive Director may give notice of the recommendation in any manner the Executive Director considers fit.\n\n(3) A statement of recommendation must be in writing and contain the following information—\n\n(a) the terms of the recommendation;\n\nS. 40(3)(b) amended by No. 5/2023 s. 39(2)(a).\n\n(b) sufficient information to identify the place, object or land, whether by reference to maps or diagrams or otherwise;\n\n(c) the reasons for the recommendation, including an assessment of the State-level cultural heritage significance of the place or object;\n\n(d) information advising that the Heritage Council will consider the recommendation after a period of 60 days from the date the notice of recommendation is published under section 41;\n\nS. 40(3)(e) amended by No. 5/2023 s. 39(2)(a).\n\n(e) information advising the owner of the place, object or land that the owner, within that period of 60 days, may make a submission to the Heritage Council regarding the recommendation and request a hearing in relation to that submission;\n\nS. 40(3)(f) amended by No. 5/2023 ss 23(2), 39(2)(b).\n\n(f) information advising the owner of the place, object or land and the person or body that made the nomination or, if the Executive Director is taken to have accepted the nomination under section 34A(1), the applicant for the exclusion determination concerned, of sections 46, 46A and 49;\n\nS. 40(3)(g) substituted by No. 5/2023 s. 39(2)(c).\n\n(g) a summary of the rights and obligations under this Act that would apply to the owner of the place, object or land that is the subject of the Executive Director's recommendation, if that place, object or land is included in the Heritage Register.\n\nS. 40(3A) inserted by No. 5/2023 s. 39(3).\n\n(3A) For the purposes of subsection (3)(c), a statement of recommendation must also include the following—\n\n(a) for a place or object nominated under section 27, an assessment of the State‑level cultural heritage significance of the place or object;\n\n(b) for an object nominated under section 27A, an assessment of whether the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;\n\n(i) an assessment of whether the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or\n\n(ii) if the additional land surrounds the place, whether it is important to the protection or conservation of the place or contributes to the understanding of the place.\n\nS. 40(4) substituted by No. 5/2023 s. 39(4).\n\n(4) In addition, a statement of recommendation must contain the following information if the Executive Director recommends that a place or object should be included in the Register—\n\n(a) for a place or object nominated under section 27, a summary of the State‑level cultural heritage significance of the place or object and the category or categories of the Register in which the place or object is to be registered;\n\n(b) for an object nominated under section 27A, a summary of how the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;\n\n(i) a summary of how the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or\n\n(ii) if the additional land surrounds the place, a summary of how it is important to the protection or conservation of the place or contributes to the understanding of the place;\n\n(d) any recommendations made under section 38 in relation to the works or activities with respect to the place, object or land and an invitation for submissions from the owner in relation to those recommendations.\n\nS. 40(5) amended by No. 5/2023 s. 39(5).\n\n(5) Despite subsection (3)(b), the Executive Director may determine that some details of identification should not be included in the statement of recommendation if the Executive Director considers that, if the details were known, there is a real danger that a person may harm the place, object or land.\n\nS. 41 amended by No. 5/2023 s. 40.\n\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Notice of recommendation to be published","content":"\t41 Notice of recommendation to be published\n\nThe Heritage Council, after receiving a recommendation by the Executive Director that a place, object or land should or should not be included in the Heritage Register, must cause notice of the recommendation to be published—\n\nS. 41(a) amended by No. 5/2023 s. 40.\n\n(a) in a newspaper circulating generally in the area in which the place, object or land is located; and\n\n(b) on the Internet site of the Heritage Council.\n\nS. 42 (Heading) amended by No. 5/2023 s. 41(1).\n\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Obligations of owners—to advise of works, permits etc. on foot when statement of recommendation given","content":"\t42 Obligations of owners—to advise of works, permits etc. on foot when statement of recommendation given\n\nS. 42(1) amended by No. 5/2023 s. 41(2)(a).\n\n(1) The owner of a place, object or land to whom a statement of recommendation has been given must advise the Executive Director in writing of—\n\nS. 42(1)(a) amended by No. 5/2023 s. 41(2)(b).\n\n(a) any works or activities that are being carried out in relation to the place, object or land at the time the statement is given; and\n\nS. 42(1)(b) substituted by No. 5/2023 s. 41(2)(c).\n\n(b) if the place, object or land is a place or additional land, any application for a planning permit or a building permit, or any application for an amendment to a planning permit or a building permit, that has been made in relation to the place or additional land but not determined at the time the statement is given; and\n\nS. 42(1)(c) amended by No. 5/2023 s. 41(2)(d).\n\n(c) any works or activities that are proposed to be carried out in relation to the place, object or land at the time the statement is given.\n\n(2) An advice under subsection (1) must be given within 10 days after the statement of recommendation is given under section 40.\n\nS. 42(3)–(9) repealed by No. 5/2023 s. 41(3).\n\nS. 42A inserted by No. 5/2023 s. 42.\n\n","sortOrder":48},{"sectionNumber":"42A","sectionType":"section","heading":"Obligations of owners before determination or inclusion in the Heritage Register—to advise of permits","content":"\t42A Obligations of owners before determination or inclusion in the Heritage Register—to advise of permits\n\n(a) an owner of any of the following is given a statement of recommendation—\n\n(i) a place or object nominated under section 27;\n\n(ii) an object nominated under section 27A;\n\n(iii) land nominated under section 27B; and\n\n(b) any of the following occurs within the statement of recommendation period in relation to the place, object or land—\n\n(i) the making of an application for a planning permit or a building permit;\n\n(ii) the making of an application for an amendment to a planning permit or a building permit;\n\n(iii) the grant of a planning permit or building permit;\n\n(iv) the grant of an amendment to a planning permit or building permit.\n\n(2) The owner must advise the Executive Director in writing of—\n\n(a) the making of an application referred to in subsection (1)(b)(i) or (ii), within 10 days of the making of the application; or\n\n(b) a grant referred to in subsection (1)(b)(iii) or (iv), within 10 days of the owner becoming aware of the grant.\n\nS. 42B inserted by No. 5/2023 s. 42.\n\n","sortOrder":49},{"sectionNumber":"42B","sectionType":"section","heading":"Obligations of owners before determination or inclusion in the Heritage Register—to advise of activities","content":"\t42B Obligations of owners before determination or inclusion in the Heritage Register—to advise of activities\n\n(b) within the statement of recommendation period it is proposed that activities that could harm the place, object or land be carried out.\n\n(2) The owner, not less than 10 days before carrying out the activities, must advise the Executive Director in writing of the proposal to do so.\n\nS. 42C inserted by No. 5/2023 s. 42.\n\n","sortOrder":50},{"sectionNumber":"42C","sectionType":"section","heading":"Obligations of owners before determination or inclusion in the Heritage Register—to advise of proposal to dispose","content":"\t42C Obligations of owners before determination or inclusion in the Heritage Register—to advise of proposal to dispose\n\n(b) within the statement of recommendation period a proposal is made to dispose of the whole or any part of the place, object or land.\n\n(2) The owner, within 10 days after entering into an agreement, arrangement or understanding for the disposal of the whole or any part of the place, object or land, must advise the Executive Director in writing of the proposal to do so.\n\nS. 42D inserted by No. 5/2023 s. 42.\n\n\t42D Obligations of owners before determination or inclusion in the Heritage Register—requirement to give statement to purchaser\n\n(b) the owner proposes to dispose of the whole or any part of the place, object or land within the statement of recommendation period.\n\n(2) Before entering into an agreement, arrangement or understanding to dispose of the whole or any part of the place, object or land during the statement of recommendation period, the owner must give a copy of the statement of recommendation to the person who, under the proposed agreement, arrangement or understanding, is to acquire the place, object or land or part of the place, object or land.\n\nS. 43 (Heading) amended by No. 5/2023 s. 43(1).\n\nS. 43 amended by No. 5/2023 s. 43(2).\n\n","sortOrder":51},{"sectionNumber":"43","sectionType":"section","heading":"Owners of places, objects and land must comply with obligations","content":"\t43 Owners of places, objects and land must comply with obligations\n\nAn owner of a place, object or land who is subject to an obligation under section 42, 42A, 42B, 42C or 42D must comply with that obligation.\n\n","sortOrder":52},{"sectionNumber":"Div 4","sectionType":"division","heading":"Determinations of registration","content":"Division 4—Determinations of registration\n\n","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Submissions to the Heritage Council","content":"\t44 Submissions to the Heritage Council\n\nS. 44(1) amended by No. 5/2023 s. 44(1).\n\n(1) Any person or body may make a written submission to the Heritage Council in relation to a recommendation of the Executive Director that a place, object or land should or should not be included in the Heritage Register.\n\n(2) A submission under subsection (1) must be made in the prescribed form.\n\nS. 44(3) amended by No. 5/2023 s. 44(1).\n\n(3) A submission must be made within 60 days after the date on which a notice of recommendation in relation to the place, object or land is published under section 41.\n\nS. 44(4) substituted by No. 5/2023 s. 44(2).\n\n(4) A submission must relate to—\n\n(a) for a place or object nominated under section 27, whether or not the place or object is of State‑level cultural heritage significance; or\n\n(b) for an object nominated under section 27A, whether or not the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27; or\n\n(i) whether or not the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or\n\n(ii) if the additional land surrounds the place, whether or not it is important to the protection or conservation of the place or contributes to the understanding of the place; or\n\n(d) any recommendation under section 37, 38 or 39 in relation to the place, object or land.\n\n(5) A submission may include a request for a hearing before the Heritage Council in relation to the submission.\n\n","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Requests for further information regarding submissions","content":"\t45 Requests for further information regarding submissions\n\nThe Heritage Council may request a person or body making a written submission under section 44 for further information to assist the consideration of the submission.\n\n","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Consideration of submissions to the Heritage Council","content":"\t46 Consideration of submissions to the Heritage Council\n\n(1) The Heritage Council must consider—\n\n(a) any written submission made to it under section 44; and\n\n(b) any further information provided to the Heritage Council in response to a request under section 45.\n\nS. 46(2)(3) repealed by No. 5/2023 s. 45.\n\nS. 46A inserted by No. 5/2023 s. 46.\n\n","sortOrder":56},{"sectionNumber":"46A","sectionType":"section","heading":"Conduct of hearings by Heritage Council in relation to a recommendation","content":"\t46A Conduct of hearings by Heritage Council in relation to a recommendation\n\n(1) The Heritage Council may conduct a hearing in relation to a recommendation under section 37, 38 or 39 in any circumstances that the Heritage Council considers appropriate.\n\n(2) The Heritage Council must conduct a hearing if—\n\n(a) a submission made to it under section 44 includes a request for a hearing before the Heritage Council; and\n\n(b) the submission is made by a person or body with a real or substantial interest in the place, object or land that is the subject of the submission.\n\n","sortOrder":57},{"sectionNumber":"47","sectionType":"section","heading":"Role of the Executive Director in determination of recommendation","content":"\t47 Role of the Executive Director in determination of recommendation\n\n(1) The Heritage Council may request the Executive Director to provide any information in relation to a recommendation under section 37, 38 or 39.\n\n(2) The Executive Director must provide any information requested under subsection (1).\n\n(3) The Executive Director may appear, be heard or be represented at any hearing into a recommendation under section 37, 38 or 39.\n\nS. 48 (Heading) amended by No. 5/2023 s. 47(1).\n\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Sale of place, object or land the subject of recommendation","content":"\t48 Sale of place, object or land the subject of recommendation\n\nS. 48(1) amended by No. 5/2023 s. 47(2).\n\n(1) Despite section 49, if any place, object or land that is the subject of a recommendation under section 37 has been offered for sale by auction, the Heritage Council, with the agreement of the owner of the place, object or land, may defer the consideration of the recommendation until after the auction.\n\nS. 48(2) amended by No. 5/2023 s. 47(2).\n\n(2) The owner of a place, object or land to which subsection (1) applies must inform the purchaser of the place, object or land of the deferral of consideration of the recommendation.\n\nS. 48(3) amended by No. 5/2023 s. 47(3).\n\n(3) If the owner of a place, object or land which is the subject of a recommendation under section 37 fails to comply with subsection (2), the contract of sale is not invalid, but is voidable at the option of the purchaser.\n\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Determinations of the Heritage Council","content":"\t49 Determinations of the Heritage Council\n\nS. 49(1) amended by No. 5/2023 s. 48(1)(a)(b).\n\n(1) After considering a recommendation that a place, object or land should or should not be included in the Heritage Register and any submissions in respect of the recommendation and conducting any hearing, the Heritage Council may—\n\nS. 49(1)(a) amended by No. 5/2023 s. 48(1)(c).\n\n(a) determine that the place or object is of State-level cultural heritage significance and is to be included in the Heritage Register; or\n\nS. 49(1)(ab) inserted by No. 5/2023 s. 48(1)(d).\n\n(ab) in the case of a place, determine that—\n\n(i) part of the place is of State‑level cultural heritage significance and is to be included in the Heritage Register; and\n\n(ii) part of the place is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or\n\nS. 49(1)(ac) inserted by No. 5/2023 s. 48(1)(d).\n\n(ac) in the case of an object, determine that—\n\n(i) part of the object is of State‑level cultural heritage significance and is to be included in the Heritage Register; and\n\n(ii) part of the object is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or\n\nS. 49(1)(b) amended by No. 5/2023 s. 48(1)(e).\n\n(b) determine that the place or object is not of State-level cultural heritage significance and is not to be included in the Heritage Register; or\n\nS. 49(1)(c) amended by No. 5/2023 s. 48(1)(f)(i).\n\n(c) in the case of a recommendation in respect of a place, determine that the place or part of the place is not to be included in the Heritage Register but—\n\nS. 49(1)(c)(i) substituted by No. 5/2023 s. 48(1)(f)(ii).\n\n(i) refer the recommendation and any submissions to the relevant planning authority or the Minister administering the **Planning and Environment Act 1987** to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act; or\n\nS. 49(1)(c)(ii) amended by No. 5/2023 s. 48(1)(f)(iii).\n\n(ii) determine that it is more appropriate for steps to be taken under the **Planning and Environment Act 1987** or by any other means to protect or conserve the place or part of the place; or\n\nS. 49(1)(ca) inserted by No. 5/2023 s. 48(1)(g).\n\n(ca) in the case of a recommendation in respect of an object nominated under section 27A, determine that the object, or part of the object, is to be included in the Heritage Register if it is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register; or\n\nS. 49(1)(d) substituted by No. 5/2023 s. 48(1)(g).\n\n(d) in the case of a recommendation in respect of additional land nominated under section 27B, determine that the additional land, or any part of the additional land, is to be included in the Heritage Register if—\n\n(i) the State‑level cultural heritage significance of the place, or part of the place, would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or\n\n(ii) the additional land or any part of the additional land surrounding the place, or part of the place, is important to the protection or conservation of the place or contributes to the understanding of the place.\n\nS. 49(1)(e) repealed by No. 5/2023 s. 48(1)(h).\n\n(2) The Heritage Council must make a determination under subsection (1)—\n\n(a) within 40 days after the date on which written submissions may be made under section 44; or\n\nS. 49(2)(b) amended by No. 5/2023 s. 48(2).\n\n(b) if any hearing is conducted, within 90 days after the completion of the hearing.\n\nS. 49(3) substituted by No. 5/2023 s. 48(3).\n\n(3) A determination made under subsection (1)(a), (ab), (ac), (ca) or (d)—\n\n(a) may include categories of works or activities which may be carried out in relation to a place, object or land, or part of a place, object or land, for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place, object or land; and\n\n(b) must include a statement of the reasons for the making of the determination.\n\nS. 49(4) substituted by No. 5/2023 s. 48(4).\n\n(4) If the Heritage Council determines to include a place, or part of a place, in the Heritage Register, the Heritage Council may also determine to include land that is not the subject of a nomination under section 27B in the Heritage Register as part of the place if—\n\n(a) the land is ancillary to the place; and\n\n(b) the person who owns the place, or part of the place—\n\n(i) is the owner of the land; and\n\n(ii) consents to its inclusion.\n\n(5) If a member of the Heritage Council makes a submission under section 44 in respect of a recommendation, the member must not take part in the consideration or determination of the Heritage Council.\n\n(6) The Heritage Council must notify the Executive Director of any determination under this section as soon as practicable after the determination.\n\nS. 49A inserted by No. 5/2023 s. 49.\n\n","sortOrder":60},{"sectionNumber":"49A","sectionType":"section","heading":"Notice to the owner or government asset manager","content":"\t49A Notice to the owner or government asset manager\n\n(1) The Heritage Council must give written notice of any determination of the Heritage Council under section 49 in relation to a place, object or land, and of any works or activities which the Heritage Council has determined under section 49(3) may be carried out in relation to a place, object or land without a permit under Part 5, to—\n\n(a) the owner or government asset manager of the place, object or land; and\n\n(b) the Executive Director.\n\n(2) A notice under subsection (1) must be given within 7 days after the day on which the determination is made.\n\n","sortOrder":61},{"sectionNumber":"Div 5","sectionType":"division","heading":"Minister's powers regarding registration","content":"Division 5—Minister's powers regarding registration\n\n","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Minister's call-in powers","content":"\t50 Minister's call-in powers\n\nS. 50(1) amended by No. 5/2023 s. 50(a).\n\n(1) The Minister may direct the Heritage Council to refer a recommendation to the Minister for determination at any time after notice of the recommendation is published under section 41 but before the Heritage Council makes a determination under section 49.\n\n(2) The Heritage Council—\n\n(a) must comply with a direction under subsection (1); and\n\nS. 50(2)(b) substituted by No. 5/2023 s. 50(b).\n\n(b) must not—\n\n(i) consider, or continue to consider, the recommendation; or\n\n(ii) make a determination.\n\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Heritage Council must hear submissions and give report","content":"\t51 Heritage Council must hear submissions and give report\n\n(1) If the Minister gives a direction under section 50 in relation to a recommendation, the Minister may require the Heritage Council to consider any submissions and conduct any hearings in relation to the submissions as if the recommendation were being dealt with under Division 4.\n\n(2) The Heritage Council must provide a report on the recommendation, including a report on any submissions considered or hearings conducted under subsection (1).\n\n(3) The Heritage Council must comply with any requirement of the Minister under this section.\n\n","sortOrder":64},{"sectionNumber":"52","sectionType":"section","heading":"Determination of the Minister","content":"\t52 Determination of the Minister\n\n(1) After considering a report of the Heritage Council provided under section 51, the Minister may make any determination in relation to a recommendation that the Heritage Council has the power to make under Division 4.\n\n(2) A determination of the Minister under this section has the same effect as a determination of the Heritage Council under Division 4.\n\nS. 52A inserted by No. 5/2023 s. 51.\n\n","sortOrder":65},{"sectionNumber":"52A","sectionType":"section","heading":"Notice to the owner or government asset manager","content":"\t52A Notice to the owner or government asset manager\n\n(1) The Minister must give written notice of any determination of the Minister under section 52, and of any works or activities which the Minister has determined under section 52 may be carried out in relation to a place, object or land without a permit under Part 5, to—\n\n(a) the owner or government asset manager of the place, object or land; and\n\n(b) the Executive Director.\n\n(2) A notice under subsection (1) must be given within 7 days after the day on which the determination is made.\n\n","sortOrder":66},{"sectionNumber":"Div 6","sectionType":"division","heading":"Effects of registration","content":"Division 6—Effects of registration\n\n","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Notice of registration","content":"\t53 Notice of registration\n\nS. 53(1) amended by No. 5/2023 s. 52(1).\n\n(1) The Executive Director must publish notice in the Government Gazette of the making of a determination that a place, object or additional land is to be included in the Heritage Register.\n\nS. 53(2) amended by No. 5/2023 s. 52(1).\n\n(2) A place, object or additional land is included in the Heritage Register on publication of the notice in the Government Gazette.\n\nS. 53(3) substituted by No. 5/2023 s. 52(2).\n\n(3) The notice must specify—\n\n(a) the category or categories of the Heritage Register, or the record of the Heritage Register, to which the place or object is included; or\n\n(b) in the case of additional land, the place to which the land forms part of.\n\nS. 53(4) amended by No. 5/2023 s. 52(1).\n\n(4) The notice must include sufficient information to provide reasonable identification of the place, object or additional land.\n\n(5) Despite subsection (4), the Heritage Council may determine that some details of identification must not be included in the notice if it considers that if the details were known, there is a real danger that a person may harm the object or place.\n\n(6) The Executive Director must forward notice of any amendment of the Heritage Register to—\n\n(a) the Minister administering the **Planning and** **Environment Act 1987**; and\n\n(b) any responsible authority for a place affected by the amendment and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Notice to the Registrar of Titles","content":"\t54 Notice to the Registrar of Titles\n\n(1) The Executive Director must lodge with the Registrar of Titles notice of any matter on the Heritage Register affecting a folio of the Register of land.\n\n(2) On the amendment of the Heritage Register, the Executive Director must as soon as practicable give notice to the Registrar of Titles of any land, other than unalienated Crown land, affected by the amendment.\n\n(3) Despite subsections (1) and (2), notice is not required to be given of any place or object which is taken to be included in the Heritage Register under section 144.\n\n(4) On receipt of a notice under this section, the Registrar of Titles must make any recordings in the Register that are necessary or convenient for the purpose of giving effect to the notice.\n\n(5) The Registrar of Titles may require any evidence of the identity of any land affected by a notice lodged under this section that the Registrar considers fit.\n\n(6) If a Crown grant is issued in respect of a registered place that is unalienated Crown land, any matters in the Heritage Register affecting the land must be specified in a notice to the Registrar of Titles accompanying the Crown grant.\n\n(7) A notice under subsection (1), (2) or (6) must be in a form approved by the Registrar of Titles.\n\nS. 55 repealed by No. 5/2023 s. 53.\n\n","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"Amendment of planning schemes","content":"\t56 Amendment of planning schemes\n\n(1) The Minister administering the **Planning and Environment Act 1987** must prepare and approve  an amendment to any planning scheme applying  to—\n\n(a) a place which is included or amended in the Heritage  Register to identify the inclusion or amendment of that place in  the Heritage Register; or\n\n(b) a place which has been removed from the Heritage Register to identify that removal.\n\n(2) An amendment under subsection (1) must be prepared as soon as practicable after—\n\n(a) notice is given under section 53 of the inclusion of a place in the Heritage Register; or\n\n(b) the place is removed from the Heritage Register.\n\n(3) An amendment under subsection (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with or duplicate the provisions of this Act.\n\nS. 56(4) amended by No. 43/2025 s. 75.\n\n(4) The **Planning and Environment Act 1987** (except sections 12(1)(a) and (e), 12(2), 12(2A), 12(3),  Divisions 1 and 2 of Part 3 and sections 39(1),  39(2), 39(3), 39(4) and 39(5) and any  regulations made for the purpose of those  provisions) applies to the preparation and approval of amendments under subsection (1).\n\nS. 57 substituted by No. 5/2023 s. 5.\n\n","sortOrder":70},{"sectionNumber":"57","sectionType":"section","heading":"Public availability of the Heritage Register","content":"\t57 Public availability of the Heritage Register\n\n(1) The Heritage Council must publish and make an up to date copy of the Heritage Register available both—\n\n(a) electronically in accordance with the requirements set out in section 254E; and\n\n(b) on request in accordance with the requirements set out in section 254D.\n\n(2) The Executive Director must make an up to date copy of the Heritage Register available on request in accordance with the requirements set out in section 254D.\n\n","sortOrder":71},{"sectionNumber":"58","sectionType":"section","heading":"Heritage certificates","content":"\t58 Heritage certificates\n\n(1) A person may apply to the Executive Director for a heritage certificate.\n\n(b) state particulars of the place or object in respect of which the heritage certificate is required; and\n\n(c) be accompanied by the prescribed fee (if any).\n\n(3) The Executive Director must give the applicant a signed heritage certificate containing the following information in respect of the place or object described in the application—\n\n(a) whether or not the place or object is included in the Heritage Register and if so the category or categories in which it is registered;\n\n(b) whether or not the place is in a World Heritage Environs Area;\n\n(c) whether or not the place or object is subject to an interim protection order and if so the date of the order;\n\nS. 58(3)(d) substituted by No. 5/2023 s. 54.\n\n(d) whether or not a nomination has been made for inclusion of the place or object in the Heritage Register and, if a nomination has been made, whether or not the following things have occurred in respect of the nomination—\n\n(i) the Executive Director has not accepted the nomination under section 28(1)(a), (b) or (c) or (1A);\n\n(ii) the Executive Director has refused the nomination under section 29 and the date on which the refusal occurred;\n\n(iii)  the Executive Director has given written notice of accepting the nomination under section 34;  \n\n(iv) the nomination has been withdrawn;\n\n(v) at the date the certificate is issued the nomination has not been determined;\n\nS. 58(3)(da) inserted by No. 5/2023 s. 54.\n\n(da) whether or not an application for exclusion has been made under section 36A and, if an application has been made, whether or not the following things have occurred in respect of the application—\n\n(i) the Executive Director has made the exclusion determination and the date on which the determination was made;\n\n(ii) the Executive Director has refused to make the exclusion determination and the date on which the refusal occurred;\n\n(iii) the Heritage Council has been requested to review the Executive Director's decision to make, or refuse to make, an exclusion determination;\n\n(iv) the Heritage Council has affirmed or set aside the Executive Director's decision to make, or refuse to make, an exclusion determination;\n\n(e) whether or not the place or object is being considered for inclusion in the Heritage Register;\n\n(f) whether or not a site is included in the Heritage Inventory;\n\n(g) whether or not a repair order is in force in respect of the place or object;\n\n(h) whether or not an order of the Supreme Court under Division 3 of Part 10 is in force in respect of the place or object;\n\n(i) whether or not any Governor in Council declaration made under section 227 is in force against the owner of the place or object;\n\n(j) whether or not any court order made under section 229 is in force against a person in respect of the place or object;\n\n(k) whether or not there are any current proceedings for a contravention of this Act in respect of the place or object;\n\n(l) whether or not any rectification order has been issued in respect of the place or object.\n\n(4) The Executive Director must give the applicant a signed heritage certificate within 7 business days after receiving their application.\n\n","sortOrder":72},{"sectionNumber":"59","sectionType":"section","heading":"Notice of intention to sell registered place or registered object","content":"\t59 Notice of intention to sell registered place or registered object\n\nThe owner of a registered place or registered object who enters into a contract of sale of the whole or any part of the place or object must give written notice to the Executive Director in the prescribed form regarding the existence of the contract within 28 days of the date of the contract.\n\n","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"Change of owner of registered place or registered object","content":"\t60 Change of owner of registered place or registered object\n\n(1) A person who purchases or acquires a registered place or registered object must give written notice to the Executive Director within 28 days of the purchase or acquisition of—\n\n(a) that person's name and address; and\n\n(b) in the case of the purchase or acquisition of a building, whether the person intends to occupy the building.\n\n(2) A person who has notified the Executive Director under subsection (1) must give written notice to the Executive Director of any change to the information provided within 28 days of the change.\n\n","sortOrder":74},{"sectionNumber":"Div 7","sectionType":"division","heading":"Amendment of Heritage Register","content":"Division 7—Amendment of Heritage Register\n\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Destroyed places and registered objects","content":"\t61 Destroyed places and registered objects\n\nIf an object is registered as an object integral to a registered place and that place is destroyed, the object remains in the Heritage Register until it is amended or removed from the Register under this Division.\n\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Amendment of the Heritage Register","content":"\t62 Amendment of the Heritage Register\n\n(1) The Heritage Council may amend the Heritage Register by amending or removing an item in the Heritage Register.\n\n(2) Subject to section 63, Divisions 2 to 6 and this Division apply to an amendment or removal in the same way as those Divisions apply to a registration.\n\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Expedited amendment of the Heritage Register","content":"\t63 Expedited amendment of the Heritage Register\n\n(1) On the recommendation of the Executive Director, the Heritage Council may amend the Heritage Register by amending or removing an item in the Register if—\n\n(a) the amendment is for the purposes of correcting any technical or other minor error; or\n\n(b) the amendment relates to a registered place or registered object which has been destroyed, and the Heritage Council considers that the State-level cultural heritage significance of the place or object is lost; or\n\n(c) the amendment relates to an object integral to a registered place, and that place has been removed from the Heritage Register; or\n\n(d) the amendment relates to land forming part of a registered place that has been subdivided in accordance with a relevant permit, and the subdivided land has no State-level cultural heritage significance.\n\n(2) Before amending the Heritage Register, the Heritage Council must give at least 28 days written notice to—\n\n(a) the owner of the item; and\n\n(b) any government asset manager; and\n\n(c) the responsible authority for the area in which the item is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(3) In this section—\n\n***relevant permit*** means—\n\n(a) a permit issued under Part 5; or\n\n(b) a permit granted under Part 4 of the **Planning and Environment Act 1987** that was referred to the Executive Director as a determining referral authority under that Act.\n\n","sortOrder":78},{"sectionNumber":"Div 8","sectionType":"division","heading":"Other provisions relating to registered archaeological places and associated archaeological artefacts","content":"Division 8—Other provisions relating to registered archaeological places and associated archaeological artefacts\n\n","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Erection of notices","content":"\t64 Erection of notices\n\n(1) The Executive Director or any person authorised by the Executive Director may cause to be erected at suitable places within, on or near the boundaries of a registered archaeological place, notices indicating that the place is a registered archaeological place.\n\n(2) The fact that a notice is not erected at a place under this section does not affect the liability of any person for a contravention of Part 5 or any regulations relating to registered archaeological places.\n\n(3) A person must not destroy, damage, remove or interfere with a notice erected under this section.\n\n","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Archaeological artefacts in a registered archaeological place taken to be property of the Crown","content":"\t65 Archaeological artefacts in a registered archaeological place taken to be property of the Crown\n\nAll archaeological artefacts within a registered archaeological place are the property of the Crown and under the protection of the Crown.\n\n","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Museum of Victoria to be place of lodgement","content":"\t66 Museum of Victoria to be place of lodgement\n\n(1) The Museum of Victoria is the official place of lodgement of archaeological artefacts which are the property of the Crown.\n\n(2) The following archaeological artefacts must be entrusted to the care of the Chief Executive Officer of the Museums Board of Victoria to be lodged in the Museum of Victoria unless the Executive Director, after consulting the Chief Executive Officer of the Museums Board of Victoria, otherwise determines—\n\n(a) artefacts removed from a registered archaeological place;\n\n(b) artefacts directed by the Executive Director to be removed to a place of safe storage under section 67;\n\n(c) artefacts which are otherwise the property of the Crown.\n\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Power of the Executive Director to direct excavation or examination of place","content":"\t67 Power of the Executive Director to direct excavation or examination of place\n\n(1) The Executive Director may direct the excavation or examination of a registered archaeological place and the removal of archaeological artefacts from it to a place of safe storage.\n\n(2) A person must not knowingly obstruct, hinder or otherwise interfere with an excavation or examination being conducted in accordance with subsection (1).\n\nPart 4—Underwater cultural heritage\n\nDivision 1—Provisional registration\n\n\t68 Determination of provisional registration\n\n(1) The Executive Director, by notice published in the Government Gazette, may determine a place appearing to be a shipwreck, or an object appearing to be a shipwreck artefact, to be provisionally included in the Heritage Register as a registered shipwreck or registered shipwreck artefact if—\n\n(a) the place or object is situated in Victorian waters; and\n\n(b) the Executive Director considers that the place or object may be of State-level cultural heritage significance.\n\n(2) The Executive Director, by notice published in the Government Gazette, may determine a place situated underwater appearing to be an archaeological site, or an object situated underwater appearing to be associated with an archaeological site, to be provisionally included in the Heritage Register as a registered archaeological place or a registered archaeological artefact if—\n\n(a) the place or object is situated in Victorian waters; and\n\n(b) the Executive Director considers that the place or object may be of State-level cultural heritage significance.\n\n(3) On publication of a notice under subsection (1) or (2), the place or object is provisionally included in the Heritage Register in the category or categories determined by the Executive Director and specified in the notice.\n\n(4) As soon as practicable after the notice is published, notice must also be published in a newspaper circulating generally in the area in which the item is situated.\n\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Duration of provisional registration","content":"\t69 Duration of provisional registration\n\n(1) A determination under section 68 remains in force for 12 months from the date the notice is published in the Government Gazette, unless revoked earlier by the Executive Director or by the registration in the Heritage Register of the place or object as—\n\n(a) a registered shipwreck; or\n\n(b) a registered shipwreck artefact; or\n\n(c) a registered archaeological place; or\n\n(d) a registered archaeological artefact.\n\n(2) The Executive Director, by notice published in the Government Gazette, may extend a determination under this section for any further period of 12 months that the Executive Director considers necessary.\n\nDivision 2—Shipwrecks and shipwreck artefacts\n\n\t70 Notice of location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts\n\n(1) A person who obtains possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after obtaining possession of the item.\n\n(2) A person who possesses an item which becomes a registered shipwreck or registered shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after the item is registered.\n\n(3) A person who possesses an item which becomes a historic shipwreck or historic shipwreck artefact must notify the Executive Director in writing of the item's description and location within 7 days after the item becomes an historic shipwreck or historic shipwreck artefact.\n\n(4) Subsection (1) or (2) do not apply if the person did not know, and had no reasonable grounds for believing, that the item was included in the Heritage Register.\n\n(5) Subsection (1) or (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was or had become a historic shipwreck or historic shipwreck artefact.\n\n\t71 Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck  \nartefacts\n\n(1) The Executive Director may give written notice to a person if it appears to the Executive Director that—\n\n(a) the person may have, or may have had, possession of an item; and\n\n(b) the item is, or may be, a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n(2) A notice under subsection (1) may require the person to whom it is given—\n\n(a) to inform the Executive Director whether the person has, or has had, possession of the item; and\n\n(b) if the person has ceased to have possession of the item, to give the Executive Director particulars of the circumstances in which the person ceased to have possession of the item; and\n\n(c) if the person has transferred possession, custody or control of the item to another person, to give the Executive Director the name and address of the person to whom possession, custody or control of the item was transferred.\n\n(3) A person to whom notice is given under section (1) must not—\n\n(a) refuse or fail to comply with the notice to the extent that the person is capable of complying with it; or\n\n(b) in purported compliance with the notice, knowingly provide information that is false or misleading.\n\n\t72 Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts\n\n(1) If a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact, the Executive Director, by notice in writing, may require the person to take any action in relation to the item that is specified in the notice for the purposes of—\n\n(a) the conservation of the item; or\n\n(b) exhibiting or providing access to the item.\n\n(2) The action that a person may be required to take in relation to an item by a notice under subsection (1) includes the following—\n\n(a) keeping the item in a particular manner or place;\n\n(b) removing the item to a particular place within a particular time;\n\n(c) doing a particular act in relation to the item within a particular time, being an act designed to assist in the conservation of the item;\n\n(d) making the item available for inspection within a particular time and for the periods specified in the notice;\n\n(e) delivering the item into the custody of a particular person for the purpose of operations designed to conserve the item or for the purpose of public exhibition.\n\n(3) A notice given under subsection (1) does not prevent the giving of further notices under that subsection in relation to the same item.\n\n(4) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.\n\n(5) A civil action does not lie against a person in respect of any action taken by the person pursuant to a notice given to the person under subsection (1).\n\n\t73 Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State\n\nS. 73(1) substituted by No. 5/2023 s. 55(1).\n\n(1) A person must not remove any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact from the State otherwise than in accordance with—\n\n(a) an action required under section 72; or\n\n(b) any terms and conditions of a permit issued by the Executive Director under section 77.\n\nS. 73(2) amended by No. 5/2023 s. 55(2).\n\n(2) An item removed from the State other than in accordance with an action required under section 72 or a permit issued by the Executive Director under section 77 is forfeited to the Crown.\n\n(3) Subsection (1) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n(4) In this section, a reference to an item being removed from the State includes a reference to an item being removed from Victorian coastal waters, but does not include a reference to an item being removed directly from Victorian coastal waters to the State.\n\n\t74 Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts\n\n(1) A person must not, without lawful authority, knowingly or recklessly—\n\n(a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n(2) A person must not, without lawful authority, negligently—\n\n(a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\nPenalty: In the case of a natural person, 1200 penalty units or imprisonment for 2 years or both;\n\nIn the case of a body corporate, 2400 penalty units.\n\n(3) A person must not, without lawful authority, knowingly or recklessly—\n\n(a) buy, offer to buy, agree to buy or offer, or agree to barter or exchange any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(b) possess a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n(4) An offence against subsection (1), (2) or (3) is an indictable offence.\n\n(5) Subsection (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item that is the subject of the offence was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n(6) A reference in subsection (1) or (2) to the taking or removal of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact includes a reference to the taking or removal from a reef, from the sea‑bed or the sub-soil of the sea-bed or from land or the sub-soil of land.\n\n(7) In this section—\n\n***take*** means to gain possession of an item by any means.\n\n\t75 Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact\n\n(1) If the Executive Director considers on reasonable grounds that a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact which has been removed from a place without a permit issued in accordance with section 77, the Executive Director may give written notice to the person requiring them to deliver the item to the Executive Director.\n\n(2) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.\n\n\t76 Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment\n\n(1) A person must not, without authority or reasonable cause, possess on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—\n\n(a) any salvage or recovery equipment or any equipment that could be readily adapted or used for the salvage or recovery of the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or\n\n(b) any explosives, instruments or other equipment that could be used to damage or interfere with the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both;\n\n(2) This section does not apply to the holder of an access licence or general permit under the **Fisheries Act 1995** carrying out an activity under that licence or permit.\n\n\t77 Permits for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones\n\n(1) A person may apply to the Executive Director for a permit authorising that person, and any other person named or described in the permit, to do an act or thing which would otherwise be prohibited under section 73, 74, 75 or 76 or the underwater cultural heritage regulations.\n\n(2) An application must be made in the prescribed form and be accompanied by the prescribed fee (if any).\n\n(3) The Executive Director may grant the permit subject to any conditions the Executive Director considers fit.\n\n(4) The Executive Director may at any time, by notice in writing to the person to whom a permit has been granted—\n\n(a) revoke the permit; or\n\n(b) vary any conditions of the permit; or\n\n(c) suspend the permit; or\n\n(d) cancel a suspension of the permit.\n\n(5) A suspension of a permit may be of indefinite duration or for a specified period.\n\n(6) A person must not contravene a condition imposed in respect of a permit that has been granted to the person or is otherwise applicable to the person.\n\nPenalty: In the case of a natural person, 240 penalty units or imprisonment  \nfor 2 years or both;\n\n","sortOrder":84},{"sectionNumber":"78","sectionType":"section","heading":"Permits for the use of registered shipwrecks or registered shipwreck artefacts","content":"\t78 Permits for the use of registered shipwrecks or registered shipwreck artefacts\n\n(1) The Executive Director may grant a permit to any person for the use of a registered shipwreck or registered shipwreck artefact in the custody or control of the Executive Director for the purposes of study, conservation or exhibition.\n\n(2) The Executive Director may impose any conditions on the permit that the Executive Director considers fit.\n\n(3) A permit under this section remains in force for the period of time specified in the permit.\n\n(4) An application for a permit must be made in the prescribed form and be accompanied by the prescribed fee (if any).\n\n(5) A person who is the holder of a permit must comply with the permit.\n\n","sortOrder":85},{"sectionNumber":"79","sectionType":"section","heading":"Further exceptions to offences","content":"\t79 Further exceptions to offences\n\nSections 73, 74, 75 or 76 or an offence against the underwater cultural heritage regulations do not apply if the act constituting the offence was done for the purposes of—\n\n(a) saving human life; or\n\n(b) securing the safety of a ship, if the ship was endangered by stress of weather or by navigational hazards; or\n\n(c) dealing with an emergency involving a serious threat to the environment.\n\n","sortOrder":86},{"sectionNumber":"80","sectionType":"section","heading":"Discovery of shipwrecks and shipwreck artefacts to be notified","content":"\t80 Discovery of shipwrecks and shipwreck artefacts to be notified\n\nS. 80(1) amended by No. 5/2023 s. 56(1).\n\n(1) A person who discovers a shipwreck or shipwreck artefact must within 7 days give to the Executive Director a notice in writing setting out—\n\n(a) a description of the shipwreck or shipwreck artefact; and\n\n(b) a description of the place where the shipwreck or shipwreck artefact is situated which is sufficient to enable the shipwreck or shipwreck artefact to be located.\n\n(2) The notice under subsection (1) must be in the prescribed form and contain any other prescribed details.\n\n(3) A person must not in a notice purporting to be given to the Executive Director under subsection (1) make a statement that to their knowledge is false or misleading in a material particular.\n\n(4) Subsection (1) does not apply if—\n\nS. 80(4)(a) amended by No. 5/2023 s. 56(2).\n\n(a) the person did not know and, in the circumstances, they could not reasonably have been expected to know that the thing which they discovered was a shipwreck or a shipwreck artefact; or\n\n(b) a notice was given in accordance with subsection (1) to the Executive Director in respect of the shipwreck or shipwreck artefact by a person who is not the person charged for the offence before it was practicable for the person charged for the offence to give the notice; or\n\n(c) the person had reasonable grounds for believing that a notice was given to the Executive Director in accordance with subsection (1) by some other person in respect of the shipwreck or shipwreck artefact before it was practicable for the first‑mentioned person to give the notice.\n\nS. 80(5) amended by No. 5/2023 s. 56(2).\n\n(5) A person who has discovered a shipwreck or shipwreck artefact must not knowingly carry out operations designed to conceal the location of the shipwreck or shipwreck artefact.\n\n(6) A prosecution must not be continued in respect of an offence under this section unless the court is provided with a certificate signed by the Executive Director that the shipwreck or shipwreck artefact is of cultural heritage significance.\n\n(7) A certificate signed by the Executive Director under subsection (6) is conclusive evidence of the facts stated in it.\n\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Rewards","content":"\t81 Rewards\n\n(1) The Executive Director, with the consent of the Heritage Council, may give a person a reward in the form of a plaque, model, replica, medallion or other commemorative item if the person—\n\n(a) first gives notice of any shipwreck or shipwreck artefact; or\n\n(b) gives a description of the location of any shipwreck or shipwreck artefact that enables its discovery; or\n\n(c) provides information leading to the conviction of a person for an offence against this Act or the underwater cultural heritage regulations.\n\n(2) Any funds required to buy an item referred to in subsection (1) must be paid from the Heritage Fund.\n\n","sortOrder":88},{"sectionNumber":"82","sectionType":"section","heading":"Declaration as to Crown ownership of registered shipwrecks or registered shipwreck artefacts","content":"\t82 Declaration as to Crown ownership of registered shipwrecks or registered shipwreck artefacts\n\n(1) The Minister, by notice published in the Government Gazette, may declare a registered shipwreck or registered shipwreck artefact to be vested in the Crown if the Minister is of the opinion that the declaration is necessary to protect the public interest.\n\n(2) On the publication of a notice under subsection (1), the ownership of the registered shipwreck or registered shipwreck artefact vests in the Crown free of any other interest.\n\n","sortOrder":89},{"sectionNumber":"83","sectionType":"section","heading":"Right to claim compensation for loss on vesting of registered shipwreck or registered shipwreck artefact in the Crown","content":"\t83 Right to claim compensation for loss on vesting of registered shipwreck or registered shipwreck artefact in the Crown\n\n(1) A person who would, but for the publication of a notice under section 82, have been entitled to ownership of a registered shipwreck or registered shipwreck artefact, or to any interest in a registered shipwreck or registered shipwreck artefact, may claim compensation for their loss by action against the Crown in the Supreme Court within 6 months after the date of publication of the notice.\n\n(2) On a claim under subsection (1), the Supreme Court may award such compensation against the Crown as it considers just in the circumstances.\n\n","sortOrder":90},{"sectionNumber":"84","sectionType":"section","heading":"Official place of lodgement of registered shipwrecks and registered shipwreck artefacts","content":"\t84 Official place of lodgement of registered shipwrecks and registered shipwreck artefacts\n\nThe Museum of Victoria is the official place of lodgement of registered shipwrecks and registered shipwreck artefacts which are the property of the Crown unless the Executive Director, after consulting the Chief Executive Officer of the Museums Board of Victoria, otherwise determines.\n\n","sortOrder":91},{"sectionNumber":"85","sectionType":"section","heading":"Danger to navigation","content":"\t85 Danger to navigation\n\n(1) Nothing in this Part derogates from any power granted under any other Act to any person to deal with a shipwreck that constitutes an obstruction to the safe and convenient navigation of any Victorian waters or that are situated on shore in any port in the State.\n\n(2) Despite subsection (1), any power referred to in that subsection must not be exercised in relation to a shipwreck unless—\n\n(a) at least 60 days have passed from the date on which that person has given to the Executive Director a notice in writing containing the following particulars—\n\n(i) that person's intention to exercise the power;\n\n(ii) the item in relation to which it is intended to exercise the power;\n\n(iii) the location of that item;\n\n(iv) the nature and extent of the action which is to be taken; or\n\n(b) the item constitutes an imminent danger to the safe navigation of those waters or is likely to cause damage to persons or property in a port.\n\nPart 5—Permits\n\nDivision 1—General\n\n\t86 Scope of Part\n\n(1) Subject to subsection (2), this Part has effect despite anything in or authorised by the **Building Act 1993** or any other Act.\n\n(2) This Act is subject to any regulation or emergency order under the **Building Act 1993** relating to the securing, pulling down or removal of dangerous buildings.\n\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Offences in relation to knowingly or recklessly performing certain activities","content":"\t87 Offences in relation to knowingly or recklessly performing certain activities\n\n(1) A person must not knowingly or recklessly remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.\n\n(2) A person must not knowingly or recklessly remove, relocate or demolish, or damage or despoil, or alter, a registered object.\n\n(3) A person must not knowingly or recklessly disturb the position of an object that is a fixed registered object.\n\nS. 87(4)(a) amended by No. 5/2023 s. 57(a).\n\nS. 87(4)(ca) inserted by No. 5/2023 s. 57(b).\n\nS. 87(4)(cb) inserted by No. 5/2023 s. 57(b).\n\nS. 87(4)(cc) inserted by No. 5/2023 s. 57(b).\n\n(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Act.\n\n(5) An offence against subsection (1), (2) or (3) is an indictable offence.\n\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Offences in relation to negligently performing certain activities","content":"\t88 Offences in relation to negligently performing certain activities\n\n(1) A person must not negligently remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.\n\n(2) A person must not negligently remove, relocate or demolish, damage or despoil, or alter, a registered object.\n\n(3) A person must not negligently disturb the position of an object that is a fixed registered object.\n\nS. 88(4)(a) amended by No. 5/2023 s. 58(a).\n\nS. 88(4)(ca) inserted by No. 5/2023 s. 58(b).\n\nS. 88(4)(cb) inserted by No. 5/2023 s. 58(b).\n\nS. 88(4)(cc) inserted by No. 5/2023 s. 58(b).\n\n(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Act.\n\n(5) An offence against subsection (1), (2) or (3) is an indictable offence.\n\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Offences in relation to performing certain activities","content":"\t89 Offences in relation to performing certain activities\n\n(1) A person must not remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.\n\n(2) A person must not remove, relocate or demolish, damage or despoil, or alter, a registered object.\n\n(3) A person must not disturb the position of an object that is a fixed registered object.\n\nS. 89(4)(a) amended by No. 5/2023 s. 59(a).\n\nS. 89(4)(ca) inserted by No. 5/2023 s. 59(b).\n\nS. 89(4)(cb) inserted by No. 5/2023 s. 59(b).\n\nS. 89(4)(cc) inserted by No. 5/2023 s. 59(b).\n\n(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Part.\n\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Exemption for the purposes of religious services or rites","content":"\t90 Exemption for the purposes of religious services or rites\n\nS. 90(1) amended by No. 5/2023 s. 60(1).\n\n(1) Subject to this section, a person may carry out works or activities in relation to the following places or objects for the purposes of religious services or rites without a permit—\n\n(a) a registered place which is a place of worship or in the precincts of a place of worship;\n\n(b) a registered object which is in a place of worship or in the precincts of a place of worship.\n\n(2) Subsection (1) does not apply to a place that was built for purposes other than religious services or rites.\n\nS. 90(3) substituted by No. 5/2023 s. 60(2).\n\n(3) The owner of the place or object must give notice of the proposed works or activities to the Executive Director at least 20 business days before the works or activities are to commence.\n\n(4) A notice under subsection (3) must—\n\nS. 90(4)(b) amended by No. 5/2023 s. 60(3).\n\n(b) include a declaration by an officer of the place of worship, authorised by the place of worship for that purpose, that the proposed works or activities are required for the purposes of religious services or rites.\n\nS. 90(5) inserted by No. 5/2023 s. 60(4).\n\n(5) If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, the Executive Director may notify the owner of the place or object that—\n\n(a) the exemption under this section does not apply to the proposed works or activities; and\n\n(b) a permit for the proposed works or activities is required.\n\nS. 90(6) inserted by No. 5/2023 s. 60(4).\n\n(6) A notice under subsection (5) must be given within 15 business days after the Executive Director receives a notice under subsection (3).\n\nS. 90A inserted by No. 5/2023 s. 61.\n\n","sortOrder":96},{"sectionNumber":"90A","sectionType":"section","heading":"Requests for additional information in relation to exemption for the purposes of religious services or rites","content":"\t90A Requests for additional information in relation to exemption for the purposes of religious services or rites\n\n(1) The Executive Director may request an owner to provide any additional information that the Executive Director considers necessary to determine if the proposed works or activities are for the purposes of religious services or rites.\n\n(c) a statement that the notice given under section 90(3) will cease to have effect if the information is not provided by that date.\n\n(3) The owner may request the Executive Director to grant an extension of time to provide the requested information.\n\n(b) give written notice to the owner of the Executive Director's decision.\n\n(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.\n\n(6) The Executive Director must notify the owner within 5 business days after agreeing or refusing to agree to the extension.\n\n(7) The period within which the Executive Director must give notice under section 90(6) stops to run on the day when the Executive Director requests additional information under this section and starts to run when that information is provided to the Executive Director.\n\nS. 91 substituted by No. 5/2023 s. 62.\n\n","sortOrder":97},{"sectionNumber":"91","sectionType":"section","heading":"Exemption for certain subdivisions or consolidations","content":"\t91 Exemption for certain subdivisions or consolidations\n\nA person may cause land to be subdivided or consolidated without a permit issued under Part 5 if—\n\n(a) the subdivision or consolidation is in accordance with a planning permit; and\n\n(b) the application for the planning permit was referred to the Executive Director as a determining referral authority under the **Planning and Environment Act 1987**.\n\n","sortOrder":98},{"sectionNumber":"92","sectionType":"section","heading":"Other exemptions from permits","content":"\t92 Other exemptions from permits\n\n(1) The Heritage Council, on the recommendation of the Executive Director, may determine categories of works or activities which may be undertaken in relation to any registered place, registered object or class of registered place or registered object without a permit under this Part.\n\nS. 92(2) repealed by No. 5/2023 s. 63(1).\n\n(3) The Executive Director, on the application of the owner of a registered place or registered object, may determine that a permit is not required for particular works or activities in relation to the registered place or registered object.\n\nS. 92(3A) inserted by No. 5/2023 s. 63(2).\n\n(3A) The Executive Director must give written notice to the owner of a registered place or registered object affected by a determination made—\n\n(a) under subsection (1), without delay; or\n\n(b) under subsection (3), within 5 business days.\n\nS. 92(4) amended by No. 5/2023 s. 63(3).\n\n(4) If the Heritage Council or Executive Director makes or amends a determination under this section, the specified works or activities may be carried out in relation to the registered place or registered object.\n\n(5) The Heritage Council or the Executive Director must not make a determination in relation to any works or activities if they consider the works or activities may harm the cultural heritage significance of the registered place or registered object.\n\n(6) The Heritage Council, on the recommendation of the Executive Director, may amend or revoke a determination made under subsection (1).\n\nS. 92(6A) inserted by No. 5/2023 s. 63(4).\n\n(6A) The Executive Director may amend or revoke a determination made under subsection (3) if, at the time of the amendment or revocation, the Executive Director considers the works or activities may harm the cultural heritage significance of the registered place or registered object.\n\nS. 92(7) substituted by No. 5/2023 s. 63(5).\n\n(7) The Executive Director must give written notice to the owner of a registered place or registered object affected by an amendment or revocation of a determination—\n\n(a) under subsection (6), without delay; or\n\n(b) under subsection (6A), within 5 business days.\n\nDivision 2—Permit applications\n\n","sortOrder":99},{"sectionNumber":"93","sectionType":"section","heading":"Permit applications","content":"\t93 Permit applications\n\n(1) A person may apply to the Executive Director for a permit to carry out works or activities in relation to a registered place or registered object.\n\n(2) A permit application must—\n\n(a) be made in the prescribed form; and\n\n(3) If the applicant is not the owner or government asset manager of the registered place or registered object, the applicant must obtain the written consent of the owner or government asset manager of the place or object.\n\nS. 93(3A) inserted by No. 5/2023 s. 64.\n\n(3A) Despite subsection (3), if the works or activities for which a permit is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.\n\n(4) An applicant may withdraw a permit application at any time.\n\n","sortOrder":100},{"sectionNumber":"94","sectionType":"section","heading":"Public display of permit applications in certain circumstances","content":"\t94 Public display of permit applications in certain circumstances\n\nS. 94(1) substituted by No. 5/2023 s. 6(1).\n\n(1) If the Executive Director receives a permit application under section 93 and the Executive Director considers that the proposed works or activities may harm the cultural heritage significance of the place or object, the Executive Director must—\n\n(a) cause notice of a permit application to be published in a newspaper circulating generally in the area in which the registered place or registered object is situated; and\n\n(b) make a notice of the permit application available electronically in accordance with the requirements set out in section 254C for a period of 14 days beginning on the day on which the notice is published under paragraph (a).\n\nS. 94(1A) inserted by No. 5/2023 s. 6(1).\n\n(1A) A notice under subsection (1)(a) is to be published—\n\n(a) as soon as practicable after the Executive Director receives the permit application; or\n\n(b) if publication under paragraph (a) would be during the period from 24 December to 9 January next following, as soon as practicable after that period ends.\n\n(2) The Executive Director may require—\n\n(a) the owner or government asset manager of the registered place to cause a copy of the notice to be continuously displayed in a conspicuous position at that place for a period not exceeding 14 days; or\n\n(b) the owner or government asset manager of the registered object to cause a copy of the notice to be continuously displayed in a conspicuous position on or near that object for a period not exceeding 14 days.\n\n(3) The Executive Director may extend the specified period of display under subsection (2) with the agreement of the applicant and the owner or government asset manager of the registered place or registered object.\n\nS. 94(4) amended by No. 5/2023 s. 6(2).\n\n(4) The Executive Director may require the applicant or the owner or government asset manager of the registered place or registered object to cause publication of the notice under subsection (1)(a).\n\n(5) A person is taken to have complied with subsection (2) if the Executive Director is satisfied that the person took all reasonable steps to ensure that the notice was conspicuously and continuously displayed during the specified period of display.\n\nS. 94(6) substituted by No. 5/2023 s. 6(3).\n\n(6) For the period of 14 days beginning on the day on which the notice is published under subsection (1)(a), the Executive Director must make a copy of the application available in accordance with the public availability requirements.\n\nS. 94(6A) inserted by No. 5/2023 s. 6(3).\n\n(6A) If the Executive Director makes a copy of an application available electronically under subsection (6), the Executive Director must not disclose personal information about an individual, other than the address of the land subject to the application, without the individual's consent.\n\n(7) The Executive Director may require the applicant to provide information regarding compliance with subsection (2) or (4).\n\n(8) In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.\n\n","sortOrder":101},{"sectionNumber":"95","sectionType":"section","heading":"Public submissions in relation to permit applications","content":"\t95 Public submissions in relation to permit applications\n\n(1) If notice of a permit application is given under section 94(1) or (4), any person may lodge a written submission with the Executive Director in relation to the application.\n\n(2) A submission must be lodged within—\n\n(a) 14 days after notice is given under section 94(1) or (4); or\n\n(b) an extended period of time under section 94(3).\n\nS. 96 (Heading) substituted by No. 5/2023 s. 65(1).\n\n","sortOrder":102},{"sectionNumber":"96","sectionType":"section","heading":"Amending permit applications—request of applicant","content":"\t96 Amending permit applications—request of applicant\n\n(1) An applicant may make a written request to the Executive Director to amend a permit application.\n\n(2) A request to amend a permit application may be made before or after any notice of the application is publicly displayed under section 94.\n\n(3) A request must—\n\n(a) include any new information in relation to the proposed amendment that was not included in the original application; and\n\nS. 96(3)(c) amended by No. 5/2023 s. 65(2).\n\n(c) if the applicant is not the owner or government asset manager of the registered place or registered object in respect of which the permit application applies, include the written consent of the owner or government asset manager.\n\nS. 96(3A) inserted by No. 5/2023 s. 65(3).\n\n(3A) Despite subsection (3)(c), if the works or activities for which the amendment to the permit application is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.\n\nS. 96(4) amended by No. 5/2023 s. 65(4).\n\n(4) The Executive Director, within 20 business days after receiving a request under subsection (1), must—\n\n(a) agree to the request; or\n\n(b) refuse the request if the Executive Director considers that the amendment is so substantial that a new permit application is necessary.\n\nS. 96(4A) inserted by No. 5/2023 s. 65(5).\n\n(4A) The Executive Director must notify the applicant within 5 business days after a decision under subsection (4) to agree to the request or to refuse the request.\n\nS. 96(5) repealed by No. 5/2023 s. 65(6).\n\n(6) Despite section 94, if a request to amend a permit application is made after notice of a permit application is publicly displayed under section 94, the Executive Director may give directions to the applicant in relation to the publication or notification of the amended permit application.\n\nS. 96(7) inserted by No. 5/2023 s. 65(7).\n\n(7) The period within which the Executive Director must agree to the request or refuse the request to amend the permit application under subsection (4) stops to run on the day when a direction is given to the applicant under subsection (6) and starts to run when information regarding compliance with that direction is provided to the Executive Director.\n\nS. 96A inserted by No. 5/2023 s. 66.\n\n","sortOrder":103},{"sectionNumber":"96A","sectionType":"section","heading":"Amending permit applications—Executive Director","content":"\t96A Amending permit applications—Executive Director\n\n(1) The Executive Director may amend a permit application if—\n\n(a) the Executive Director considers that the amendment would assist with the protection or conservation of the cultural heritage significance of the registered place or registered object to which the application relates; and\n\n(b) the applicant consents in writing to the amendment; and\n\n(c) if the owner or government asset manager of the registered place or registered object in respect of which the permit application relates is not the applicant, the owner or government asset manager consents in writing to the amendment.\n\n(2) The Executive Director may amend a permit application under subsection (1) before or after any notice of the application is publicly displayed under section 94.\n\n(3) If the Executive Director amends a permit application under subsection (1) after notice of the application is publicly displayed under section 94, the Executive Director—\n\n(a) must notify any persons who lodged a written submission in relation to the permit application under section 95(1) of the amendment to the permit application; and\n\n(b) despite section 94, may give directions to the applicant in relation to the publication or notification of the amended permit application.\n\nS. 96B inserted by No. 5/2023 s. 66.\n\n","sortOrder":104},{"sectionNumber":"96B","sectionType":"section","heading":"Amended permit application to be given to responsible authority or municipal council","content":"\t96B Amended permit application to be given to responsible authority or municipal council\n\nThe Executive Director must as soon as practicable give a copy of a permit application amended under section 96 or 96A to the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n","sortOrder":105},{"sectionNumber":"97","sectionType":"section","heading":"Time for determining permit applications","content":"\t97 Time for determining permit applications\n\nS. 97(1) amended by No. 5/2023 s. 67(1).\n\n(1) Subject to section 99, the Executive Director must determine a permit application within 45 business days after receiving the application unless that period is extended in accordance with this section.\n\nS. 97(2) amended by No. 5/2023 s. 67(2).\n\n(2) The Heritage Council, on the application of the Executive Director, may extend the period of 45 business days by a further period of up to 45 business days.\n\nS. 97(3) amended by No. 5/2023 s. 67(3).\n\n(3) An application by the Executive Director under subsection (2) must be made before the end of the period of 45 business days specified in subsection (1).\n\nS. 97(4) inserted by No. 5/2023 s. 67(4).\n\n(4) If the Executive Director obtains an extension under subsection (2), the Executive Director must notify the applicant within 5 business days of the extension.\n\n","sortOrder":106},{"sectionNumber":"98","sectionType":"section","heading":"Requests for additional information in relation to permit applications","content":"\t98 Requests for additional information in relation to permit applications\n\n(1) The Executive Director may request an applicant to provide any additional information that the Executive Director considers necessary to assist the determination of the permit application.\n\nS. 98(2)(a) amended by No. 5/2023 s. 68(a).\n\n(c) a statement that the application will lapse if the information is not provided by that date.\n\n(3) The applicant may request the Executive Director to grant an extension of time to provide the requested information.\n\n(a) whether the extension of time is agreed to or refused;\n\n(b) if the extension of time is agreed to, the date by which the information must be provided;\n\nS. 98(5)(c) amended by No. 5/2023 s. 68(b).\n\n(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.\n\nS. 98(6) amended by No. 5/2023 s. 68(c).\n\n(6) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.\n\n","sortOrder":107},{"sectionNumber":"99","sectionType":"section","heading":"Stopping of time for permit applications","content":"\t99 Stopping of time for permit applications\n\nThe period within which the Executive Director must determine a permit application—\n\n(a) stops to run on the day when a copy of the notice publicly displayed under section 94(2) is requested by the Executive Director under section 94(7) and starts to run when information regarding compliance with that display is provided to the Executive Director; or\n\n(b) stops to run on the day when notice is caused to be published under section 94(4) and starts to run when information regarding compliance with that notice is provided to the Executive Director under section 94(7); or\n\nS. 99(ba) inserted by No. 5/2023 s. 69(1).\n\n(ba) stops to run on the day when a request to amend a permit application is made under section 96(1) and starts to run when a decision is made by the Executive Director in relation to the request under section 96(4); or\n\nS. 99(c) amended by No. 5/2023 s. 69(2).\n\n(c) stops to run on the day when a direction is given to the applicant under section 96A(3)(b) and starts to run when information regarding compliance with that direction is provided to the Executive Director; or\n\n(d) stops to run on the day when the Executive Director requests additional information under section 98 and starts to run when that information is provided to the Executive Director.\n\n","sortOrder":108},{"sectionNumber":"100","sectionType":"section","heading":"Submissions by responsible authorities and municipal councils in relation to permit applications","content":"\t100 Submissions by responsible authorities and municipal councils in relation to permit applications\n\nS. 100(1) amended by No. 5/2023 s. 70(1).\n\n(1) The Executive Director, within 10 business days after receiving a permit application, must give a copy of the application—\n\n(a) to the responsible authority for the area in which the registered place or registered object is situated; and\n\n(b) if the responsible authority is not a municipal council, the relevant municipal council.\n\n(2) A responsible authority or a municipal council to which a copy of a permit application is given may make a written submission to the Executive Director in relation to the application.\n\n(3) A submission must be lodged within—\n\nS. 100(3)(a) amended by No. 5/2023 s. 70(2).\n\n(a) 20 business days after notice is given under subsection (1); or\n\n(b) an extended period of time under section 94(3).\n\nS. 100(4) inserted by No. 5/2023 s. 70(3).\n\n(4) Despite subsection (3), the Executive Director may accept a submission that has not been lodged within the time required under that subsection.\n\n","sortOrder":109},{"sectionNumber":"101","sectionType":"section","heading":"Determination of permit applications","content":"\t101 Determination of permit applications\n\nS. 101(1) amended by No. 5/2023 s. 71(1)(a).\n\n(1) After considering an application the Executive Director may determine—\n\nS. 101(1)(a) substituted by No. 5/2023 s. 71(1)(b).\n\n(a) to approve the application or part of the application, subject to any terms and conditions the Executive Director considers fit; or\n\nS. 101(1)(b) amended by No. 5/2023 s. 71(1)(c).\n\n(b) to refuse the application.\n\nS. 101(2) amended by No. 5/2023 s. 71(2).\n\n(2) In making a determination under subsection (1), the Executive Director must consider the following—\n\n(a) the extent to which the application, if approved, would affect the cultural heritage significance of the registered place or registered object;\n\n(b) the extent to which the application, if refused, would affect the reasonable or economic use of the registered place or registered object;\n\n(c) any submissions made under section 95 or 100;\n\n(d) if the applicant is a public authority, the extent to which the application, if refused, would unreasonably detrimentally affect the ability of the public authority to perform a statutory duty specified in the application;\n\n(e) if the application relates to a listed place or to a registered place or registered object in a World Heritage Environs Area, the extent to which the application, if approved, would affect—\n\n(i) the world heritage values of the listed place; or\n\n(ii) any relevant Approved World Heritage Strategy Plan;\n\n(f) any matters relating to the protection and conservation of the registered place or registered object that the Executive Director considers relevant.\n\nS. 101(3) amended by No. 5/2023 s. 71(2).\n\n(3) In making a determination under subsection (1), the Executive Director may consider—\n\n(a) the extent to which the application, if approved, would affect the cultural heritage significance of any adjacent or neighbouring property that is—\n\n(i) included in the Heritage Register; or\n\n(ii) subject to a heritage requirement or control in the relevant planning scheme; or\n\n(b) any other relevant matter.\n\nS. 101A inserted by No. 5/2023 s. 72.\n\n","sortOrder":110},{"sectionNumber":"101A","sectionType":"section","heading":"Approval of permit applications subject to security","content":"\t101A Approval of permit applications subject to security\n\n(1) In approving an application under section 101(1)(a), the Executive Director may impose a term or condition on the permit that requires a security to be given to the Heritage Council to ensure—\n\n(a) the satisfactory completion of the works or activities for which the permit is issued; or\n\n(b) compliance with another condition imposed on the permit.\n\n(2) In determining the form and content of a security referred to in subsection (1), the Executive Director must have regard to—\n\n(a) in the case of a security for the purposes of subsection (1)(a), the nature and extent of the works or activities; or\n\n(b) in the case of a security for the purposes of subsection (1)(b), the nature of the other condition to be complied with.\n\n(3) The Heritage Council, for the following purposes, may pay out of the Heritage Fund a security received under subsection (1)—\n\n(a) in accordance with the terms and conditions of the permit, for the satisfactory completion of the works or activities in respect of which the security was given;\n\n(b) making the security available to the Executive Director under section 159(2);\n\n(c) in accordance with the terms and conditions of the permit, for compliance with the other condition imposed on the permit in respect of which the security was given.\n\n(4) The Heritage Council must return a security, or the remainder of a security if there has been a partial pay out of the security under subsection (3), to a person if—\n\n(a) in the case of a security for the purposes of subsection (1)(a), the works or activities are completed; or\n\n(b) in the case of a security for the purposes of subsection (1)(b), the condition is complied with.\n\nDivision 3—Issue of permits\n\nS. 102 substituted by No. 5/2023 s. 73.\n\n","sortOrder":111},{"sectionNumber":"102","sectionType":"section","heading":"Issue of permits","content":"\t102 Issue of permits\n\nThe Executive Director, within 5 business days of making a determination under section 101(1)(a) to approve an application or part of an application, must issue a permit to the applicant.\n\nS. 102A inserted by No. 5/2023 s. 73.\n\n","sortOrder":112},{"sectionNumber":"102A","sectionType":"section","heading":"Notice of refusal","content":"\t102A Notice of refusal\n\n(1) The Executive Director, within 5 business days  of making a determination under section 101(1)(a) to approve part of an application, must give a written notice of the refusal of any part of the application not approved to the applicant.\n\n(2) The Executive Director, within 5 business days of making a determination under section 101(1)(b) to refuse an application, must give a written notice of the refusal to the applicant.\n\n(3) A notice of refusal must include—\n\n(a) a statement of reasons for the refusal of the application or part of the application; and\n\n(b) a statement of the applicant's rights of review under this Part.\n\nS. 102B inserted by No. 5/2023 s. 73.\n\n","sortOrder":113},{"sectionNumber":"102B","sectionType":"section","heading":"Notice of permit application determination","content":"\t102B Notice of permit application determination\n\nThe Executive Director must notify the following persons of the outcome of a permit application determination under section 101(1) within 5 business days—\n\n(a) any person who made a submission in relation to the permit application; and\n\n(b) the responsible authority for the area in which the registered place or registered object in respect of which the permit was applied for is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\nS. 103 repealed by No. 5/2023 s. 74.\n\nS. 104 amended by No. 5/2023 s. 75.\n\n","sortOrder":114},{"sectionNumber":"104","sectionType":"section","heading":"Noncompliance with permit","content":"\t104 Noncompliance with permit\n\nA person carrying out works or activities for which a permit is issued under this Part must ensure that the works or activities comply with the permit and any terms and conditions of the permit.\n\nIn the case of a body corporate, 600 penalty units.\n\nDivision 4—Amendment of permits\n\n","sortOrder":115},{"sectionNumber":"105","sectionType":"section","heading":"Amendment of permits","content":"\t105 Amendment of permits\n\n(1) The holder of a permit issued under this Part may request the Executive Director to amend the permit.\n\n(a) be made in the prescribed form; and\n\n(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request to amend the permit.\n\nS. 105(3A) inserted by No. 5/2023 s. 76(1).\n\n(3A) Despite subsection (3), if the works or activities for which the amendment to the permit is sought relate to only part of the registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.\n\nS. 105(4) amended by No. 5/2023 s. 76(2).\n\n(4) On receiving a request under subsection (1), the Executive Director must notify within 5 business days—\n\n(a) any person who made a submission in relation to the permit application; and\n\n(b) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\nS. 105(5) substituted by No. 5/2023 s. 76(3).\n\n(5) Subject to subsection (5A), the Executive Director must agree to a request to amend a permit in whole or in part, or refuse the request, within 20 business days after receiving the request.\n\nS. 105(5A) inserted by No. 5/2023 s. 76(3).\n\n(5A) The period within which the Executive Director must agree to a request to amend a permit, or refuse the request, under subsection (5) stops to run on the day when the Executive Director makes a request for additional information under section 105A(1) and starts to run when the additional information is provided to the Executive Director.\n\n(6) The Executive Director must refuse the request if the Executive Director considers that the requested amendment is so substantial that a new permit application is necessary.\n\n(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.\n\nS. 105(8) inserted by No. 5/2023 s. 76(4).\n\n(8) If the Executive Director agrees to a request to amend a permit, or refuses the request, the Executive Director must notify within 5 business days—\n\n(a) the permit holder; and\n\n(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and\n\n(c) any person who made a submission in relation to the permit application; and\n\n(d) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\nS. 105(9) inserted by No. 5/2023 s. 76(4).\n\n(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.\n\nS. 105(10) inserted by No. 5/2023 s. 76(4).\n\n(10) If the Executive Director agrees to a request to amend a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.\n\nS. 105A inserted by No. 5/2023 s. 77.\n\n","sortOrder":116},{"sectionNumber":"105A","sectionType":"section","heading":"Requests for additional information in relation to amendment of permits","content":"\t105A Requests for additional information in relation to amendment of permits\n\n(1) The Executive Director may request a permit holder to provide any additional information that the Executive Director considers necessary to assist with a decision under section 105(5).\n\n(b) the date by which the information must be provided, being a date which is at least 20 days after the request;\n\n(c) a statement that the request to amend the permit will lapse if the information is not provided by that date.\n\n(3) The permit holder may request the Executive Director to grant an extension of time to provide the requested information.\n\n(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.\n\n(6) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.\n\nS. 105B inserted by No. 5/2023 s. 77.\n\n","sortOrder":117},{"sectionNumber":"105B","sectionType":"section","heading":"Minor amendment of permits","content":"\t105B Minor amendment of permits\n\n(1) The holder of a permit issued under this Part may request the Executive Director to make a minor amendment to the permit.\n\n(2) A request under subsection (1) must be made in the prescribed form.\n\n(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request for a minor amendment to the permit.\n\n(4) Despite subsection (3), if the works or activities for which the minor amendment to the permit is sought relate to only part of the registered place or registered object, the permit holder is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.\n\n(5) The Executive Director must agree to a request to make a minor amendment to the permit in whole or in part, or refuse the request, within 20 business days after receiving the request.\n\n(6) The Executive Director must refuse a request under subsection (5) if the Executive Director considers that the requested amendment—\n\n(a) is not minor in the context of the works or activities authorised by the permit and requires a request for the amendment of the permit under section 105; or\n\n(b) is so substantial that a new permit application is necessary.\n\n(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.\n\n(8) The Executive Director, within 5 business days after making a decision under subsection (5), must notify—\n\n(a) the permit holder; and\n\n(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and\n\n(c) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued or situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.\n\n(10) If the Executive Director agrees to a request to make a minor amendment to a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.\n\nDivision 5—Reviews of determinations relating to permits\n\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"Review of the Executive Director's determinations relating to permits","content":"\t106 Review of the Executive Director's determinations relating to permits\n\n(1) The applicant for a permit to carry out works or activities in relation to a registered place or registered object, the owner or government asset manager of the place or object, or a person with a real and substantial interest in the place or object, may make a written request to the Heritage Council to review—\n\nS. 106(1)(a) amended by No. 5/2023 s. 78(1)(a).\n\n(a) a determination by the Executive Director to refuse an application for a permit in respect of the place or object; or\n\nS. 106(1)(b) amended by No. 5/2023 s. 78(1)(b).\n\n(b) a determination by the Executive Director to refuse any part of an application for a permit in respect of the place or object.\n\n(2) The applicant or the owner or government asset manager of a registered place or registered object may make a written request to the Heritage Council to review a determination by the Executive Director to impose a condition on a permit in respect of the place or object.\n\nS. 106(2A) inserted by No. 5/2023 s. 78(2).\n\n(2A) Despite subsection (2), if the permit applies to only part of the registered place or registered object, only the applicant, or the owner or government asset manager of that part of the place or object, may make a written request under that subsection.\n\n(3) A request for a review must be accompanied by the prescribed fee (if any).\n\n(4) A request for a review must be made within 60 days after a notice of refusal of the application is given, or the permit is issued, as the case requires.\n\n(5) On receiving a request for a review, the Heritage Council must notify—\n\nS. 106(5)(aa) inserted by No. 5/2023 s. 78(3).\n\n(aa) the Executive Director; and\n\nS. 106(5)(aab) inserted by No. 5/2023 s. 78(3).\n\n(aab) the applicant, if the person requesting the review is not the applicant; and\n\n(a) the owner or government asset manager of the registered place or registered object if the person requesting the review is not the owner or government asset manager; and\n\n(b) the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(c) the National Trust if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application.\n\nS. 106(6) inserted by No. 5/2023 s. 78(4).\n\n(6) Despite subsection (5)(a), if the review relates to only part of a registered place or registered object, the Heritage Council is only required to notify the owner or government asset manager of that part of the place or object, if the person requesting the review is not that owner or government asset manager.\n\n","sortOrder":119},{"sectionNumber":"107","sectionType":"section","heading":"Adjournment of reviews relating to permits","content":"\t107 Adjournment of reviews relating to permits\n\n(1) An applicant for a review may make a written request to the Heritage Council for an adjournment of the review.\n\n(2) The Heritage Council may adjourn the review if satisfied that the request is reasonable.\n\n(3) An application under subsection (1) must include reasons for the request.\n\n(4) If the Heritage Council adjourns the review, the time within which the Heritage Council must determine the review—\n\n(a) stops to run at the time when the decision to adjourn the review is made by the Heritage Council; and\n\n(b) starts to run at the earlier of the end of the period of adjournment determined by the Heritage Council or 6 months from the date of adjournment of the review.\n\n","sortOrder":120},{"sectionNumber":"108","sectionType":"section","heading":"Determination of reviews by the Heritage Council","content":"\t108 Determination of reviews by the Heritage Council\n\n(1) Subject to sections 107 and 109, the Heritage Council must determine a review within 60 days after the request is made.\n\n(2) The Heritage Council may ask the applicant for any additional information that the Heritage Council considers necessary to assist the determination of the review.\n\n(3) The time within which the Heritage Council must decide a review—\n\n(a) stops to run at the time when a request for the additional information is made; and\n\n(b) starts to run only when the information is provided to the Heritage Council.\n\n(4) The Heritage Council must conduct a hearing into a review—\n\nS. 108(4)(a) amended by No. 5/2023 s. 79(1).\n\n(a) if the hearing is requested by the applicant for review or the relevant responsible authority; or\n\nS. 108(4)(b) amended by No. 5/2023 s. 79(1).\n\n(b) in any other case, unless the applicant for review agrees to the determination of the review without a hearing.\n\nS. 108(4A) inserted by No. 5/2023 s. 79(2).\n\n(4A) The Executive Director may appear, be heard or be represented at any hearing into the review of the Executive Director's determination relating to a permit.\n\n(5) The responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council, may appear, be heard or be represented at any hearing into the review of an Executive Director's determination relating to a permit.\n\n(6) The National Trust may be a party to a hearing into the review of a determination in relation to a permit if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application.\n\n(7) The Heritage Council may make a determination on the review to—\n\nS. 108(8) amended by No. 5/2023 s. 79(3).\n\n(8) In determining a review, the Heritage Council must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3).\n\nS. 108(9) substituted by No. 5/2023 s. 79(4).\n\n(9) The Heritage Council, within 5 business days after making a determination under subsection (7), must give written notice of the determination to—\n\n(a) the applicant for review; and\n\n(b) if the applicant for review is not the applicant for the permit, the permit applicant; and\n\n(c) if the applicant for review or the permit applicant is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object; and\n\n(d) the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(e) the Executive Director; and\n\n(f) any other person who was a party to a hearing.\n\nS. 108(10) inserted by No. 5/2023 s. 79(4).\n\n(10) If the Heritage Council has made a determination that requires a permit or amended permit to be issued, the Executive Director must issue the permit to the permit applicant within 5 business days after receiving notification of the Heritage Council's determination.\n\n","sortOrder":121},{"sectionNumber":"109","sectionType":"section","heading":"Minister's power to call in or refer matter to VCAT","content":"\t109 Minister's power to call in or refer matter to VCAT\n\n(1) At any time after a request for a review has been made to the Heritage Council but before the review is determined, the Minister may direct the Heritage Council—\n\n(a) to refer the review to the Minister for determination; or\n\n(b) if in the Minister's opinion the determination of the review may have a significant effect on the achievement or development of planning and heritage objectives, to refer the request for review to VCAT for review of the determination the subject of the review.\n\n(2) If the Minister gives a direction under—\n\n(a) subsection (1)(a), the Heritage Council must refer the review to the Minister for determination; or\n\n(b) subsection (1)(b), the Heritage Council must refer the request for review to VCAT for review of the determination the subject of the review.\n\nS. 109(3) amended by No. 5/2023 s. 80.\n\n(3) In determining a review, the Minister must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3).\n\nS. 109(4) amended by No. 5/2023 s. 80.\n\n(4) In determining a review of a determination, VCAT must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3).\n\n","sortOrder":122},{"sectionNumber":"110","sectionType":"section","heading":"Notice of referral to VCAT","content":"\t110 Notice of referral to VCAT\n\nThe Minister must give notice of any referral of a matter to VCAT under section 109(2)(b) to—\n\n(a) the National Trust; and\n\n(b) the relevant responsible authority and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n","sortOrder":123},{"sectionNumber":"111","sectionType":"section","heading":"Powers of VCAT on review","content":"\t111 Powers of VCAT on review\n\nOn a review, VCAT may by order—\n\n","sortOrder":124},{"sectionNumber":"112","sectionType":"section","heading":"Notice of VCAT's decision","content":"\t112 Notice of VCAT's decision\n\nThe Executive Director must give notice of a decision of VCAT under section 111 to—\n\n(a) the applicant for the review and, if the applicant is not the owner or government asset manager, the owner or government asset manager of the place or object; and\n\n(b) the relevant responsible authority and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(c) any other person who was a party to a hearing.\n\nS. 112A inserted by No. 5/2023 s. 81.\n\n","sortOrder":125},{"sectionNumber":"112A","sectionType":"section","heading":"Issue of permit following VCAT's decision","content":"\t112A Issue of permit following VCAT's decision\n\nThe Executive Director must, within 5 business days after an order is made by VCAT under section 111 that requires a permit or amended permit to be issued, issue the permit to the applicant.\n\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Exercise of call-in power by the Minister","content":"\t113 Exercise of call-in power by the Minister\n\n(1) If a review is referred to the Minister under section 109(2)(a), the Minister—\n\nS. 113(1)(a) substituted by No. 5/2023 s. 82.\n\n(a) may require the Heritage Council to give the following persons an opportunity to be heard by the Heritage Council and to make submissions to the Heritage Council—\n\n(i) the applicant for review;\n\n(ii) if the applicant for review is not the applicant for the permit, the permit applicant;\n\n(iii) the Executive Director;\n\n(iv) the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council;\n\n(v) the National Trust, if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application; and\n\n(b) must require the Heritage Council to provide a report on the review, including a report on any submissions considered or hearing conducted under paragraph (a).\n\n(2) The Heritage Council must comply with any requirement of the Minister under subsection (1).\n\n","sortOrder":127},{"sectionNumber":"114","sectionType":"section","heading":"Powers of the Minister on referral","content":"\t114 Powers of the Minister on referral\n\n(1) After a referral to the Minister under section 109(2)(a), the Minister may make a determination to—\n\nS. 114(2) amended by No. 5/2023 s. 83(a).\n\n(2) The Executive Director must, within 5 business days after a determination is made under subsection (1)—\n\nS. 114(2)(a) substituted by No. 5/2023 s. 83(b).\n\n(a) if the Minister has made a determination that requires a permit or amended permit to be issued, issue the permit to the applicant; and\n\n(b) give written notice of the determination to—\n\n(i) the applicant for the review and, if the applicant is not the owner or government asset manager, the owner or government asset manager of the place or object; and\n\n(ii) the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and\n\n(iii) any other person who was a party to a hearing.\n\nDivision 6—Miscellaneous\n\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Applications for permits before registration in urgent cases","content":"\t115 Applications for permits before registration in urgent cases\n\n(1) If a place or object has been nominated for inclusion in the Heritage Register, a person may apply to the Executive Director under section 93 for a permit to carry out any works or activities for which a permit would be required if the place or object were registered.\n\n(2) If the Executive Director considers the matter is urgent, the Executive Director may consider the application before the place or object is registered but must not make a determination in respect of the application until the place or object is registered.\n\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Delegation","content":"\t116 Delegation\n\n(1) The Executive Director, by instrument, may delegate to the responsible authority for the area in which a registered place or registered object is situated any of the Executive Director's functions, duties or powers under this Part in relation to that place or object.\n\n(2) A delegation under subsection (1) must be made with the consent of the Minister.\n\n(3) A responsible authority to which a function, duty or power has been delegated under subsection (1) may sub-delegate that function, duty or power to an officer of the responsible authority if the instrument of delegation authorises its sub‑delegation.\n\n(4) A sub-delegation under subsection (3)—\n\n(a) must be made with the written consent of the Executive Director; and\n\n(b) is subject to any conditions to which the delegation is subject.\n\n(5) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.\n\nUnder section 42A(1)(aa) of the **Interpretation of Legislation Act 1984**, the power to delegate under this section cannot be delegated.\n\nPart 6—Archaeological heritage\n\nDivision 1—Heritage Inventory\n\n\t117 Establishment of the Heritage Inventory\n\nThe Executive Director must establish and maintain an inventory called the Heritage Inventory.\n\n","sortOrder":130},{"sectionNumber":"118","sectionType":"section","heading":"Content of the Heritage Inventory","content":"\t118 Content of the Heritage Inventory\n\n(1) The Executive Director must record in the Heritage Inventory—\n\n(a) all archaeological sites other than any archaeological sites which are determined by the Executive Director to have low archaeological value; and\n\n(b) all approved sites of archaeological value; and\n\n(c) all sites included in the Heritage Inventory under the **Heritage Act 1995** immediately before the commencement of section 257.\n\n(2) To avoid doubt, a place that is included in the Heritage Register may also be recorded as a site in the Heritage Inventory.\n\nS. 118A inserted by No. 5/2023 s. 84.\n\n","sortOrder":131},{"sectionNumber":"118A","sectionType":"section","heading":"Determination by the Executive Director as to archaeological value","content":"\t118A Determination by the Executive Director as to archaeological value\n\n(1) The Executive Director, within 20 business days after being provided with a site card under section 127, must—\n\n(a) determine to record the archaeological site described in the card in the Heritage Inventory; or\n\n(b) determine that the archaeological site has low archaeological value.\n\n(2) In making a determination under subsection (1), the Executive Director may request from the person who provided the site card any additional information that the Executive Director considers necessary to assist the Executive Director in making the determination.\n\n(3) A request under subsection (2) must be made in writing and include the following information—\n\n(b) the date by which the information must be provided, being a date which is at least 20 days after the request.\n\n(4) The person who provided the site card may request the Executive Director to grant an extension of time to provide the requested information.\n\n(5) The Executive Director must—\n\n(a) agree or refuse to agree to a request under subsection (4); and\n\n(b) give written notice to the person of the Executive Director's decision.\n\n(6) A notice under subsection (5)(b) must state—\n\n(c) if the extension of time is refused and the date specified in accordance with subsection (3)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.\n\n(7) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.\n\n(8) The period within which the Executive Director must make a determination under subsection (1)—\n\n(a) stops to run on the day when a request under subsection (2) is made by the Executive Director; and\n\n(b) starts to run when the information is provided to the Executive Director.\n\n(9) The Executive Director, within 5 business days of making a determination under subsection (1), must notify the following of the determination—\n\n(a) the person who provided the site card;\n\n(b) any person who has made an application under section 124 in respect of the site;\n\n(c) the owner or government asset manager of the land constituting the site;\n\n(d) the responsible authority for the area in which the site is situated, and if the responsible authority is not a municipal council, the relevant municipal council.\n\nS. 119 substituted by No. 5/2023 s. 85.\n\n","sortOrder":132},{"sectionNumber":"119","sectionType":"section","heading":"Removing sites from the Heritage Inventory","content":"\t119 Removing sites from the Heritage Inventory\n\nThe Heritage Council may remove a site from the Heritage Inventory—\n\n(a) if the Executive Director determines that the site has low archaeological value; or\n\n(b) if the Executive Director determines that—\n\n(i) inclusion of the site in the Heritage Register as a registered place is sufficient to protect and conserve the site; and\n\n(ii) inclusion of the site in the Heritage Inventory is no longer necessary; or\n\n(c) as part of the amalgamation of 2 or more sites in the Heritage Inventory; or\n\n(d) if the site is not an archaeological site.\n\nS. 120 (Heading) amended by No. 5/2023 s. 86(1).\n\nS. 120 amended by No. 5/2023 s. 86(2)(a).\n\n","sortOrder":133},{"sectionNumber":"120","sectionType":"section","heading":"Notice of recording of sites in or removal of sites from the Heritage Inventory","content":"\t120 Notice of recording of sites in or removal of sites from the Heritage Inventory\n\nThe Executive Director must give written notice of the recording of a site in or the removal of a site from the Heritage Inventory to—\n\nS. 120(a) amended by No. 5/2023 s. 86(2)(b).\n\n(a) the owner or government asset manager of the land constituting the site; and\n\n(b) the responsible authority for the area in which the site is situated; and\n\n(c) if the responsible authority is not a municipal council, the relevant municipal council.\n\nS. 121 substituted by No. 5/2023 s. 7.\n\n","sortOrder":134},{"sectionNumber":"121","sectionType":"section","heading":"Public availability of the Heritage Inventory","content":"\t121 Public availability of the Heritage Inventory\n\nThe Executive Director must publish and make an up to date copy of the Heritage Inventory available both—\n\n(a) electronically in accordance with the requirements set out in section 254E; and\n\n(b) on request in accordance with the requirements set out in section 254D.\n\nDivision 2—Protection of archaeological heritage\n\n","sortOrder":135},{"sectionNumber":"122","sectionType":"section","heading":"Application of Division","content":"\t122 Application of Division\n\nThis Division does not apply to any site which has been removed from the Heritage Inventory under section 119.\n\nS. 123 substituted by No. 5/2023 s. 87.\n\n","sortOrder":136},{"sectionNumber":"123","sectionType":"section","heading":"Offences in relation to certain archaeological sites","content":"\t123 Offences in relation to certain archaeological sites\n\n(1) A person commits an offence if—\n\n(a) the person knowingly or negligently—\n\n(i) defaces, damages or otherwise interferes with an archaeological site; or\n\n(ii) carries out an act that is likely to endanger an archaeological site; and\n\n(b) the person is not—\n\n(i) permitted to do so by a determination under section 123A; or\n\n(ii) authorised to do so by a consent issued under this Part; and\n\n(c) the archaeological site—\n\n(i) is recorded in the Heritage Inventory; or\n\n(ii) is not recorded in the Heritage Inventory and is not—\n\n(A) a site which is determined by the Executive Director to have low archaeological value; or\n\n(B) a site which has been removed from the Heritage Inventory under section 119; and\n\n(d) the archaeological site is not a registered archaeological place or a registered archaeological artefact.\n\n(2) A person commits an offence if—\n\n(a) the person knowingly—\n\n(i) uncovers or exposes land for the purpose of uncovering or discovering an archaeological site; or\n\n(ii) disturbs or excavates land for the purpose of uncovering or discovering an archaeological site; and\n\n(b) the person is not—\n\n(i) permitted to do so by a determination under section 123A; or\n\n(ii) authorised to do so by a consent issued under this Part; and\n\n(c) the archaeological site—\n\n(i) is recorded in the Heritage Inventory; or\n\n(ii) is not recorded in the Heritage Inventory and is not—\n\n(A) a site which is determined by the Executive Director to have low archaeological value; or\n\n(B) a site which has been removed from the Heritage Inventory under section 119; and\n\n(d) the site is not a registered archaeological place or a registered archaeological artefact.\n\n(3) A person who commits an offence against subsection (1) or (2) is liable to—\n\n(a) in the case of a natural person, 600 penalty units or imprisonment for 12 months or both;\n\n(b) in the case of a body corporate, 1200 penalty units.\n\nOffences apply in relation to registered archaeological places and registered archaeological artefacts under sections 87, 88 and 89.\n\nS. 123A inserted by No. 5/2023 s. 88.\n\n","sortOrder":137},{"sectionNumber":"123A","sectionType":"section","heading":"Exemption from requirement to obtain a consent","content":"\t123A Exemption from requirement to obtain a consent\n\n(1) The Executive Director, on the application of a person specified in subsection (2), may determine that a consent under this Part is not required for particular works or activities in relation to—\n\n(a) a site recorded in the Heritage Inventory; or\n\n(b) an archaeological artefact.\n\n(2) For the purposes of subsection (1), the following persons are specified—\n\n(a) the owner or government asset manager of the site or archaeological artefact;\n\n(b) a person who has the consent of the owner or government asset manager of the site or archaeological artefact to make an application under subsection (1).\n\n(3) An application under subsection (1) must be made in the prescribed form.\n\n(4) Despite subsection (2)(b), if the works or activities for which the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.\n\n(5) If the Executive Director makes a determination under subsection (1), the particular works or activities may be carried out in relation to the site or artefact.\n\n(6) The Executive Director must not make a determination under subsection (1) in relation to any works or activities unless the Executive Director considers that any damage or disturbance to the site or artefact would be negligible.\n\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Executive Director may issue consents","content":"\t124 Executive Director may issue consents\n\nS. 124(1) substituted by No. 5/2023 s. 89(1).\n\n(1) Subject to this section, a person may apply to the Executive Director for a consent authorising the person—\n\n(a) to excavate or uncover a site—\n\n(i) recorded in the Heritage Inventory; or\n\n(ii) reported to the Executive Director in accordance with section 127(2); or\n\n(b) to damage or disturb a site—\n\n(i) recorded in the Heritage Inventory; or\n\n(ii) reported to the Executive Director in accordance with section 127(2); or\n\n(c) to damage or disturb an archaeological artefact, including for the purposes of study, conservation or exhibition; or\n\n(d) to possess an archaeological artefact for the purposes of sale; or\n\n(e) to buy or sell an archaeological artefact.\n\nS. 124(2)(c) substituted by No. 5/2023 s. 89(2).\n\n(c) if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact.\n\nS. 124(2A) inserted by No. 5/2023 s. 89(3).\n\n(2A) Despite subsection (2)(c), if the works or activities for which the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.\n\n(3) In determining whether to issue a consent under this section, the Executive Director must consider—\n\n(a) any relevant archaeological, historical or other research; and\n\n(b) the potential of the site or archaeological artefact to contribute to such knowledge.\n\nS. 124(4) substituted by No. 5/2023 s. 89(4).\n\n(4) After considering an application under subsection (1), the Executive Director, within 20 business days after receiving the application, must—\n\n(a) approve the application and, within 5 business days, issue the consent; or\n\n(b) approve the application in part and, within 5 business days, issue the consent for some of the proposed works or activities specified in the application; or\n\n(c) refuse the application.\n\nS. 124(4A) inserted by No. 5/2023 s. 89(5).\n\n(4A) The Heritage Council, on the application of the Executive Director before the end of the period of 20 business days specified in subsection (4), may extend that period by a further period of up to 20 business days.\n\nS. 124(4B) inserted by No. 5/2023 s. 89(5).\n\n(4B) In the case of an application to do a thing referred to in subsection (1)(a)(ii) or (b)(ii), if the Executive Director considers the matter is urgent, the Executive Director may consider the application but must not determine it until the Executive Director—\n\n(a) records the site in the Heritage Inventory under section 118(1)(a); or\n\n(b) determines that the site has low archaeological value.\n\n(5) If the Executive Director determines to refuse the application, the Executive Director must give the applicant written notice of the refusal within 7 days after making the determination.\n\n(6) A notice under subsection (5) must include—\n\n(a) a statement of reasons for the refusal; and\n\n(b) a statement of the applicant's rights of review under this Part.\n\n(7) A consent under this section may be issued subject to the following terms and conditions—\n\n(a) that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent;\n\nS. 124(7)(b) amended by No. 5/2023 s. 89(6).\n\n(b) that archaeological artefacts discovered in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent;\n\n(c) any other terms and conditions that the Executive Director considers fit.\n\n(8) This section does not apply to a registered archaeological place or a registered archaeological artefact.\n\nA permit or permit exemption under this Act is required to do certain things in relation to registered archaeological places or registered archaeological artefacts.\n\nS. 124A inserted by No. 5/2023 s. 90.\n\n","sortOrder":139},{"sectionNumber":"124A","sectionType":"section","heading":"Amendment of consents","content":"\t124A Amendment of consents\n\n(1) Subject to this section, a person who is authorised to carry out works or activities under a consent issued under section 124 may apply to the Executive Director for an amendment of the consent.\n\n(c) if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact.\n\n(3) Despite subsection (2)(c), if the works or activities for which the amendment to the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.\n\n(4) In determining whether to amend a consent under this section, the Executive Director must consider—\n\n(a) any archaeological, historical or other research; and\n\n(b) the potential of the site or archaeological artefact to contribute to such knowledge.\n\n(5) After considering an application to amend a consent, the Executive Director, within 20 business days after receiving the application, must—\n\n(a) approve the application and, within 5 business days, issue the amended consent; or\n\n(b) approve the application in part and, within 5 business days, issue the amended consent; or\n\n(c) refuse the application.\n\n(6) The Executive Director must refuse the application if the Executive Director considers that the requested amendment is so substantial that a new consent is necessary.\n\n(7) If the Executive Director determines to refuse the application, the Executive Director must give the applicant written notice of the refusal within 5 business days after making the determination.\n\n(8) A notice under subsection (7) must include a statement of reasons for the refusal.\n\n(9) An amended consent under this section may be issued subject to the following terms and conditions—\n\n(a) that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent;\n\n(b) that archaeological artefacts discovered in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent;\n\n(c) any other terms and conditions that the Executive Director considers fit.\n\nS. 124B inserted by No. 5/2023 s. 90.\n\n","sortOrder":140},{"sectionNumber":"124B","sectionType":"section","heading":"Requests for additional information in relation to consent applications","content":"\t124B Requests for additional information in relation to consent applications\n\n(1) The Executive Director may request an applicant to provide any additional information that the Executive Director considers necessary to assist the determination of an application under section 124 or 124A.\n\n(c) a statement that the application will lapse if the information is not provided by that date.\n\n(3) The applicant may request the Executive Director to grant an extension of time to provide the requested information.\n\n(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.\n\n(6) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.\n\nS. 124C inserted by No. 5/2023 s. 90.\n\n","sortOrder":141},{"sectionNumber":"124C","sectionType":"section","heading":"Stopping of time for consent applications","content":"\t124C Stopping of time for consent applications\n\nThe period within which the Executive Director must determine an application under section 124 or 124A stops to run on the day when the Executive Director requests additional information under section 124B and starts to run when that information is provided to the Executive Director.\n\nS. 125 amended by No. 5/2023 s. 91.\n\n","sortOrder":142},{"sectionNumber":"125","sectionType":"section","heading":"Compliance with consents","content":"\t125 Compliance with consents\n\nA person must comply with the terms and conditions contained in a consent issued under this Part.\n\n","sortOrder":143},{"sectionNumber":"126","sectionType":"section","heading":"Requests for reviews regarding consents","content":"\t126 Requests for reviews regarding consents\n\n(1) A written request to the Heritage Council to review a determination of the Executive Director to impose terms and conditions on a consent issued in respect of a site included in the Heritage Inventory, an archaeological site not recorded in the Heritage Inventory or an archaeological artefact, or to refuse an application to issue a consent in respect of a site or artefact, may be made by—\n\n(a) the person to whom the consent was issued or refused; or\n\n(b) the owner of the site or artefact; or\n\n(c) a government asset manager in respect of the site or artefact.\n\n(a) be made in writing; and\n\n(b) be made within 28 days after the Executive Director determines to approve or refuse the application; and\n\n(c) be accompanied by the prescribed fee (if any).\n\n(3) The Heritage Council may request the Executive Director to provide any information in relation to the terms and conditions of the consent or the refusal of the application.\n\n(4) The Executive Director must provide any information requested under subsection (3).\n\n(5) In determining a review, the Heritage Council may make a determination to—\n\n(b) set aside the determination under review and makes another determination in substitution for it; or\n\n(c) subject to subsection (6), set aside the determination under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.\n\n(6) The Heritage Council must remit a matter for reconsideration under subsection (5)(c) if the applicant has provided new information and the Heritage Council considers the information to be material.\n\n(7) The Heritage Council must make a determination under subsection (5) within 60 days after receiving a request for review.\n\n(8) The Heritage Council must give the person requesting the review—\n\n(a) written notice of the determination within 7 days after the determination; and\n\n(b) a written statement of reasons for its determination.\n\nS. 126(9) inserted by No. 5/2023 s. 92.\n\n(9) If the Heritage Council determines under subsection (5)(b) to set aside the determination of the Executive Director and substitute it with a determination to issue the consent, the Executive Director must issue the consent within 5 business days of the Heritage Council's determination.\n\nS. 126A inserted by No. 5/2023 s. 93.\n\n","sortOrder":144},{"sectionNumber":"126A","sectionType":"section","heading":"Requirement to notify Executive Director of intention to undertake investigation or survey of land","content":"\t126A Requirement to notify Executive Director of intention to undertake investigation or survey of land\n\nA person who intends to undertake an investigation or a survey of land for the purpose of discovering an archaeological site must notify the Executive Director of the person's intention before the commencement of the investigation or survey.\n\n","sortOrder":145},{"sectionNumber":"127","sectionType":"section","heading":"Reporting of investigations and surveys of land","content":"\t127 Reporting of investigations and surveys of land\n\n(1) If an archaeological site is discovered during an investigation or survey of land for a relevant survey purpose, the person undertaking the investigation or survey must provide a site card to the Executive Director within 30 days after the discovery.\n\n(2) If an archaeological site is discovered in the course of any construction or excavation on any land, the person in charge of the construction or excavation must as soon as practicable report the discovery to the Executive Director.\n\n(3) Subsection (1) or (2) do not apply in relation to an archaeological site if the person did not know or could not reasonably have been expected to know that the archaeological site was an archaeological site.\n\nS. 127(4) inserted by No. 5/2023 s. 94.\n\n(4) A person who undertakes an investigation or a survey of land for the purpose of discovering an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.\n\nS. 127(5) inserted by No. 5/2023 s. 94.\n\n(5) A person who undertakes an investigation or a survey of land for the purpose of preparing a cultural heritage management plan and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.\n\nS. 127(6) inserted by No. 5/2023 s. 94.\n\n(6) A person who undertakes an investigation or a survey of land in accordance with a cultural heritage permit and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.\n\nS. 127(7) inserted by No. 5/2023 s. 94.\n\n(7) A survey report must—\n\n(b) contain photographs, maps and plans of the investigation or survey; and\n\n(c) contain field notes about the investigation or survey; and\n\n(d) include any prescribed documentation.\n\n","sortOrder":146},{"sectionNumber":"128","sectionType":"section","heading":"Actions to protect archaeological artefacts","content":"\t128 Actions to protect archaeological artefacts\n\n(1) For the purposes of protecting and conserving a registered archaeological artefact, the Heritage Council may—\n\n(a) purchase or otherwise acquire a registered archaeological artefact on behalf of the Crown; and\n\n(b) purchase, on behalf of the Crown, land upon which a registered archaeological artefact may be present.\n\n(2) For the purpose of protecting and conserving any archaeological artefact, the Executive Director may erect screens, shelters or other structures or take any other action considered reasonably necessary.\n\n(3) A person must not remove, damage or interfere with a screen, shelter or other structure erected under subsection (2).\n\n","sortOrder":147},{"sectionNumber":"129","sectionType":"section","heading":"Offence to buy, sell or possess archaeological artefacts without consent","content":"\t129 Offence to buy, sell or possess archaeological artefacts without consent\n\n(1) A person must not, whether as principal or agent, without the consent of the Executive Director—\n\n(a) knowingly buy or sell an archaeological artefact; or\n\n(b) at any time knowingly have in their possession an archaeological artefact for the purposes of sale.\n\n(2) Subsection (1) does not apply to possession of an archaeological artefact if the person had had possession of the artefact before the commencement of the **Archaeological and Aboriginal Relics** **Preservation Act 1972**.\n\nDivision 3—Sites of archaeological value\n\n","sortOrder":148},{"sectionNumber":"130","sectionType":"section","heading":"Recommendation for site of archaeological value","content":"\t130 Recommendation for site of archaeological value\n\n(1) The Executive Director may recommend to the Heritage Council that a place be approved as a site of archaeological value if, in the Executive Director's opinion, the place—\n\n(a) is situated in the State; and\n\n(b) contains an artefact, deposit or feature which is less than 75 years old; and\n\n(c) provides information of past activity in the State; and\n\n(d) requires archaeological methods to reveal information about the settlement, development or use of the place; and\n\n(e) is not associated only with Aboriginal occupation of the place; and\n\n(f) has archaeological value.\n\n(2) The Heritage Council must determine criteria for assessing whether a place has archaeological value for the purposes of subsection (1)(f).\n\n","sortOrder":149},{"sectionNumber":"131","sectionType":"section","heading":"Notice of recommendation for site of archaeological value","content":"\t131 Notice of recommendation for site of archaeological value\n\n(1) After making a recommendation under section 130, the Executive Director must give notice of the recommendation to—\n\n(a) the owner or government asset manager of a place affected by the recommendation; and\n\n(b) the responsible authority for the area in which the place is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(2) A notice given under subsection (1) must—\n\n(a) be in writing; and\n\n(b) include the following information—\n\n(i) a description of the archaeological value of the place;\n\n(ii) a statement that the owner or government asset manager may make a written submission in relation to the recommendation;\n\n(iii) the date by which a written submission must be made, being within 28 days after the notice.\n\n(3) If the Executive Director considers that it is not practicable in a particular case to give notice to an owner, the Executive Director may apply to the Minister to exempt the Executive Director from the requirements to give notice.\n\n(4) If the Minister exempts the Executive Director from the requirement to give notice under this section, the Executive Director must give notice to the affected owners in any manner the Minister specifies in the exemption.\n\n(5) If the Minister exempts the Executive Director from the requirement to give notice under this section, details of that exemption must be included in the Department's report of operations under the **Financial Management Act 1994**.\n\n","sortOrder":150},{"sectionNumber":"132","sectionType":"section","heading":"Consideration of submissions in relation to a recommendation for a site of archaeological value","content":"\t132 Consideration of submissions in relation to a recommendation for a site of archaeological value\n\n(1) The Heritage Council must consider a submission in relation to a recommendation for a site of archaeological value that it receives on or before the submission date for the recommendation.\n\n(a) conduct a hearing in relation to the recommendation; or\n\n(b) consider any submissions and the recommendation without a hearing.\n\n(3) The Heritage Council must only consider a submission relating to the issue of whether or not a place is a site of archaeological value.\n\n","sortOrder":151},{"sectionNumber":"133","sectionType":"section","heading":"Approval of recommendation for a site of archaeological value","content":"\t133 Approval of recommendation for a site of archaeological value\n\n(1) After considering any submissions in relation to a recommendation for a site of archaeological value and conducting any hearing in relation to the recommendation, the Heritage Council must—\n\n(a) approve the recommendation; or\n\n(b) approve the recommendation in relation to part of the place recommended; or\n\n(c) refuse to approve the recommendation.\n\nS. 133(2) amended by No. 5/2023 s. 95(a).\n\n(2) The Heritage Council must make a determination under subsection (1)—\n\n(a) within 40 days after the date on which written submissions may be made under section 131; or\n\n(b) if any hearing is conducted into the written submissions, within 90 days after the completion of the hearing.\n\nS. 133(3) amended by No. 5/2023 s. 95(b).\n\n(3) The Heritage Council must within 7 days after the determination give written notice of the determination to—\n\n(a) the owner or government asset manager of the place; and\n\n(b) the responsible authority for the area in which the place is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n(4) The Executive Director must record a place approved as a site of archaeological value under subsection (1) in the Heritage Inventory.\n\n","sortOrder":152},{"sectionNumber":"Part 7","sectionType":"part","heading":"Covenants","content":"Part 7—Covenants\n\n","sortOrder":153},{"sectionNumber":"134","sectionType":"section","heading":"Land owner may enter covenant with the Heritage Council","content":"\t134 Land owner may enter covenant with the Heritage Council\n\n(1) An owner of a registered place or land on which a registered place is situated may enter into a covenant with the Heritage Council which binds the owner as to—\n\n(a) the development or use of the place or the land; or\n\n(b) the conservation of the place and any registered object at the place.\n\n(2) A covenant under subsection (1) may—\n\n(a) be released by the Heritage Council; or\n\n(b) be varied by agreement between the Heritage Council and all persons having an interest in the land burdened by the covenant who are bound by the covenant.\n\n","sortOrder":154},{"sectionNumber":"135","sectionType":"section","heading":"Land owner may enter covenant with the National Trust","content":"\t135 Land owner may enter covenant with the National Trust\n\n(1) Subject to subsection (2), the owner of a registered place, land on which a registered place is situated, or land on which a building considered by the National Trust to be of cultural heritage significance is situated, may enter into a covenant with the National Trust which binds the owner as to—\n\n(a) the development or use of the place or the land; or\n\n(b) the conservation of the place or any registered object at the place.\n\n(2) A covenant under subsection (1) cannot be entered into without the prior approval of the Heritage Council.\n\n(3) With the approval of the Heritage Council, a covenant may—\n\n(a) be released by the National Trust; or\n\n(b) be varied by agreement between the National Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.\n\n(4) If a land owner has agreed to enter into or vary a covenant with the National Trust under this section, the National Trust must give the Heritage Council—\n\n(a) details of the proposed covenant or variations of the covenant; and\n\n(b) a map of the land concerned and the surrounding area indicating—\n\n(i) the names and addresses of the owners of the land in the vicinity of the land concerned; and\n\n(ii) the purposes for which the land concerned and the surrounding land is used.\n\n","sortOrder":155},{"sectionNumber":"136","sectionType":"section","heading":"VCAT may release covenant","content":"\t136 VCAT may release covenant\n\n(1) If a land owner who enters into a covenant with the Heritage Council or the National Trust under section 134 or 135 is unable to reach an agreement for the release of the covenant, the owner may apply to VCAT for an order under subsection (2).\n\n(2) On an application under subsection (1), VCAT may make any orders or give any directions it considers necessary to resolve the dispute.\n\n(3) The Heritage Council, the National Trust or the owner (as the case requires) must give effect to any order of VCAT under subsection (2).\n\n","sortOrder":156},{"sectionNumber":"137","sectionType":"section","heading":"Notice of covenants","content":"\t137 Notice of covenants\n\n(1) If a land owner has agreed to enter into or vary a covenant under section 134 or 135, the Heritage Council or the National Trust, as the case requires, must publish a notice to that effect in—\n\n(a) the Government Gazette; and\n\n(b) a newspaper circulating generally in the area in which the land concerned is situated.\n\n(2) A notice under subsection (1) must contain the following—\n\n(a) the location of the land;\n\n(b) details of the proposed covenant or variation of the covenant;\n\n(c) a statement that written submissions concerning the proposed covenant or variation of the covenant may be made to the Heritage Council within 28 days after the publication of the notice in the Government Gazette.\n\n(3) If the Heritage Council considers that owners of land in the vicinity of the land concerned may be affected by the proposed covenant or variation of a covenant, the Heritage Council may—\n\n(a) give notice of the details of the proposed covenant or variation of a covenant to those owners; or\n\n(b) direct the National Trust to give any notice that the Heritage Council may specify to those owners.\n\n(4) A notice given under subsection (3) must state that written submissions concerning the proposed covenant or variation of the covenant may be made to the Heritage Council within 28 days after the date of the notice.\n\n","sortOrder":157},{"sectionNumber":"138","sectionType":"section","heading":"Heritage Council to consider submissions and make decisions","content":"\t138 Heritage Council to consider submissions and make decisions\n\n(1) The Heritage Council must consider any submissions received within the later of—\n\n(a) 28 days after the publication of a notice in the Government Gazette under section 137(1); or\n\n(b) in the case of a submission received from an owner in response to a notice given under section 137(3), 28 days after the later of the date of that notice or the publication of that notice in the Government Gazette.\n\n(a) if the land owner proposes to enter into or vary a covenant with the National Trust, approve or refuse to approve the covenant or variation; or\n\n(b) if the land owner proposes to enter into or vary a covenant with the Heritage Council, enter or refuse to enter the covenant or agree to or refuse to agree to the variation.\n\n(3) The Heritage Council must publish notice of its decision under subsection (2) in the Government Gazette.\n\n","sortOrder":158},{"sectionNumber":"139","sectionType":"section","heading":"Covenant affecting Crown land","content":"\t139 Covenant affecting Crown land\n\nIf a covenant entered into under this Part affects unalienated land of the Crown, the Executive Director must amend the Heritage Register by entering a memorandum of the effect of the covenant in the item relating to the land.\n\nS. 139A inserted by No. 5/2023 s. 96.\n\n","sortOrder":159},{"sectionNumber":"139A","sectionType":"section","heading":"Land owner must apply for recording of covenant or agreement","content":"\t139A Land owner must apply for recording of covenant or agreement\n\n(1) An owner who enters into a covenant, or agreement to vary a covenant, under section 134 or 135 must make an application under section 140 to the Registrar of Titles to record notice of—\n\n(a) the covenant, or agreement to vary the covenant; or\n\n(b) any variation, release or determination of the covenant under this Part.\n\n(2) An owner must make an application under subsection (1) as soon as practicable after the covenant or agreement is entered into, or the variation, release or determination occurs.\n\n","sortOrder":160},{"sectionNumber":"140","sectionType":"section","heading":"Recording of notice of covenant or agreement","content":"\t140 Recording of notice of covenant or agreement\n\nThe Registrar of Titles, on the application of a land owner, must make any recordings in the Register as are necessary to record notice of an agreement for the entering into or making of—\n\n(a) any covenant under section 134 or 135; or\n\n(b) any variation, release or determination of a covenant under this Part.\n\n","sortOrder":161},{"sectionNumber":"141","sectionType":"section","heading":"Effect of recording of notice of covenant or agreement","content":"\t141 Effect of recording of notice of covenant or agreement\n\nIf a notice of a covenant has been recorded under section 140—\n\n(a) any burden of the covenant runs with the land affected; and\n\n(b) the Heritage Council or the National Trust, as the case requires, may enforce the covenant against persons deriving title from the person who entered into the covenant as if it were a restrictive covenant, despite the fact that the covenant—\n\n(i) may be positive in nature; or\n\n(ii) is not for the benefit of any land of the Heritage Council or the National Trust.\n\nPart 8—Orders\n\nDivision 1—Interim protection orders\n\n\t142 Scope of Division\n\n(1) Subject to subsection (2), this Division applies despite anything in or authorised by the **Building Act 1993** or any other Act.\n\n(2) This Act is subject to any regulation or emergency order under the **Building Act 1993** relating to the securing, pulling down or removal of dangerous buildings.\n\n","sortOrder":162},{"sectionNumber":"143","sectionType":"section","heading":"Heritage Council or Executive Director may make interim protection order","content":"\t143 Heritage Council or Executive Director may make interim protection order\n\n(1) The Heritage Council or the Executive Director may make an interim protection order in relation to a place or object if, in the opinion of the Heritage Council or the Executive Director, it is necessary or desirable to do so for the purposes of this Act.\n\n(2) An interim protection order must be in the prescribed form.\n\n(3) The Heritage Council or Executive Director must cause the interim protection order or a reproduction of the order to be served on the owner, occupier or person apparently in charge of the place or object.\n\n(4) The Executive Director must give the order required to be served under subsection (3) to a government asset manager if the place is part of government land or the object is a government object.\n\n","sortOrder":163},{"sectionNumber":"144","sectionType":"section","heading":"Effect of interim protection order","content":"\t144 Effect of interim protection order\n\n(1) An interim protection order takes effect on the service of the order under section 143.\n\n(2) A place or object which is subject to an interim protection order is taken to be included in the Heritage Register in the category or categories specified in the order for the period of the order.\n\n","sortOrder":164},{"sectionNumber":"145","sectionType":"section","heading":"Manner of service of interim protection order","content":"\t145 Manner of service of interim protection order\n\nAn interim protection order may be served on a person—\n\n(a) by delivering it to the person; or\n\n(b) by leaving it at the person's usual or last known place of residence; or\n\n(c) by forwarding it by post in a prepaid letter addressed to the person at their usual or last known place of residence; or\n\n(d) by facsimile to the person at the person's usual or last known place of residence or business; or\n\n(e) by means of electronic communication in accordance with the **Electronic Transactions (Victoria) Act 2000**; or\n\n(f) in the case of a place, by displaying it at that place; or\n\n(g) in the case of an object, by displaying it on or near that object.\n\n","sortOrder":165},{"sectionNumber":"146","sectionType":"section","heading":"Additional requirements relating to service of interim protection order","content":"\t146 Additional requirements relating to service of interim protection order\n\n(1) This section applies if an interim protection order is served under section 143—\n\n(a) on a person other than an owner or government asset manager of a place or object; or\n\n(b) in the case of a place or object on the owner by displaying it at that place or on or near that object.\n\n(2) The Heritage Council or Executive Director, as soon as possible after the service of the order, must—\n\n(a) cause a copy of the order to be served on the owner in accordance with section 145(a), (b), (c), (d) or (e); or\n\n(b) if the address of the owner is unknown, cause a copy of the order to be published in a newspaper circulating generally in Victoria.\n\n","sortOrder":166},{"sectionNumber":"147","sectionType":"section","heading":"Display of interim protection order","content":"\t147 Display of interim protection order\n\n(1) A person who has been served with an interim protection order under section 143 or 146 in relation to a place must cause a notice of the existence of that order to be continuously displayed in a conspicuous position on the place for the period that the order is in force.\n\n(2) A person who has been served with an interim protection order under section 143 or 146 in relation to an object must cause a notice of the existence of that order to be continuously displayed in a conspicuous position on or near the object for the period that the order is in force.\n\n(3) A notice of the existence of an interim protection order must be in the prescribed form.\n\n(4) A person is taken to have complied with subsection (1) or (2) if the Heritage Council is satisfied that the person took all reasonable steps to ensure that the notice was conspicuously and continuously displayed in accordance with that subsection during the period that the order was in force.\n\n","sortOrder":167},{"sectionNumber":"148","sectionType":"section","heading":"Works or activities while interim protection order is in force","content":"\t148 Works or activities while interim protection order is in force\n\nDespite anything to the contrary in Part 5, while an interim protection order is in force in respect of a place or object, the Executive Director may authorise any reasonable works or activities on the place or object which may assist—\n\n(a) in determining the cultural heritage significance of the place or object; and\n\n(b) in the consideration of the place or object for inclusion in the Heritage Register.\n\n","sortOrder":168},{"sectionNumber":"149","sectionType":"section","heading":"Recommendation regarding registration","content":"\t149 Recommendation regarding registration\n\nThe Executive Director must make a recommendation under Part 3 to recommend or not to recommend the inclusion of a place or object in the Heritage Register within 60 days after an interim protection order is served in relation to the place or object.\n\n","sortOrder":169},{"sectionNumber":"150","sectionType":"section","heading":"Revocation of interim protection order","content":"\t150 Revocation of interim protection order\n\nThe Heritage Council may revoke an interim protection order.\n\n","sortOrder":170},{"sectionNumber":"151","sectionType":"section","heading":"Period of interim protection order","content":"\t151 Period of interim protection order\n\n(1) An interim protection order relating to a place or object continues in effect until—\n\n(a) the Heritage Council determines that the place or object should be included in the Heritage Register; or\n\n(b) the Heritage Council determines that the place or object should not be included in the Heritage Register; or\n\n(c) the Heritage Council revokes the order.\n\n(2) If none of the things referred to in subsection (1) occurs, the interim protection order continues in effect for a period of 4 months or for any extended period specified by the Minister under subsection (3).\n\n(3) The Minister may extend the period for which an interim protection order is in effect.\n\n(4) An extension under subsection (3) must be served in the same manner as the interim protection order is served.\n\nDivision 2—Repair orders\n\n","sortOrder":171},{"sectionNumber":"152","sectionType":"section","heading":"Disrepair of registered place or registered object","content":"\t152 Disrepair of registered place or registered object\n\nThe owner of a registered place or registered object must not allow that place or object to fall into disrepair.\n\n","sortOrder":172},{"sectionNumber":"153","sectionType":"section","heading":"Failure to maintain registered place or registered object","content":"\t153 Failure to maintain registered place or registered object\n\nThe owner of a registered place or registered object must not fail to maintain that place or object to the extent that its conservation is threatened.\n\nS. 154 (Heading) amended by No. 5/2023 s. 97(1).\n\n","sortOrder":173},{"sectionNumber":"154","sectionType":"section","heading":"Notices to show cause why works or activities should not be carried out","content":"\t154 Notices to show cause why works or activities should not be carried out\n\n(1) This section applies if the Executive Director considers that a person has contravened section 152 or 153.\n\nS. 154(2) amended by No. 5/2023 s. 97(2).\n\n(2) The Executive Director may serve written notice on the owner of the registered place or registered object requiring the owner to show cause, within 21 days after the date of the notice, why the Executive Director should not make an order requiring the owner to carry out the works or activities specified in the notice within the period specified in the notice.\n\nS. 154(2A) inserted by No. 5/2023 s. 97(3).\n\n(2A) If a registered place or registered object is owned by more than one person, a notice under subsection (2) may be served on any or all of the owners whom the Executive Director considers has contravened section 152 or 153.\n\nS. 154(3) amended by No. 5/2023 s. 97(4).\n\n(3) The Executive Director must only specify works or activities in a notice under subsection (2) which, in the Executive Director's opinion, are necessary to prevent further deterioration in the condition of the registered place or registered object.\n\n(4) A notice under subsection (2) must inform the owner on whom it is served of the provisions of sections 155 to 157.\n\nS. 155 (Heading) amended by No. 5/2023 s. 98(1).\n\n","sortOrder":174},{"sectionNumber":"155","sectionType":"section","heading":"Repair orders for the carrying out of works or activities","content":"\t155 Repair orders for the carrying out of works or activities\n\nS. 155(1) amended by No. 5/2023 s. 98(2).\n\n(1) This section applies if the owner of a registered place or registered object on whom notice is served under section 154 fails to show cause in respect of any of the works or activities specified in the notice.\n\nS. 155(2) amended by No. 5/2023 s. 98(3).\n\n(2) The Executive Director, with the consent of the Minister, may order the owner to carry out those works or activities within a period specified in the order.\n\n(3) The Executive Director must cause a copy of a repair order to be served on the owner of the registered place or registered object.\n\n","sortOrder":175},{"sectionNumber":"156","sectionType":"section","heading":"VCAT review of repair order to carry out works","content":"\t156 VCAT review of repair order to carry out works\n\n(1) An owner of a registered place or registered object may apply to VCAT for review of a repair order served on the owner under section 155.\n\n(2) The application must be made within 28 days after the service of the order.\n\n(3) VCAT may grant an extension of time for compliance with the repair order pending the hearing of the application.\n\n(4) An extension under subsection (3) may be subject to any conditions VCAT considers fit.\n\n(5) On a review of an order, VCAT must set aside the order if satisfied that the owner of the registered place or registered object has not—\n\n(a) allowed it to fall into disrepair; or\n\n(b) failed to maintain it to the extent that its conservation is threatened.\n\n(6) Otherwise, VCAT must confirm the repair order.\n\n","sortOrder":176},{"sectionNumber":"157","sectionType":"section","heading":"Failure to comply with repair order","content":"\t157 Failure to comply with repair order\n\n(1) An owner on whom a repair order is served must comply with that order within the period specified—\n\n(a) in that order; or\n\n(b) in any extension of that period granted by the Executive Director or VCAT.\n\n(2) An offence against subsection (1) is an indictable offence.\n\n","sortOrder":177},{"sectionNumber":"158","sectionType":"section","heading":"Revocation of repair order","content":"\t158 Revocation of repair order\n\nThe Heritage Council may revoke a repair order.\n\nS. 159 (Heading) amended by No. 5/2023 s. 99(1).\n\nS. 59 amended by No. 5/2023 s. 99(4) (ILA s. 39B(1)).\n\n","sortOrder":178},{"sectionNumber":"159","sectionType":"section","heading":"Executive Director may carry out works or activities","content":"\t159 Executive Director may carry out works or activities\n\n(1) If an owner on whom a repair order is served fails to comply with that order within the period required under this Division, the Executive Director, with the consent of the Minister, at the end of that period—\n\nS. 159(1)(a) amended by No. 5/2023 s. 99(2).\n\n(a) may carry out or cause to be carried out any works or activities which that repair order required to be carried out and which were not carried out within that period; and\n\nS. 159(1)(b) amended by No. 5/2023 s. 99(3).\n\n(b) may recover the costs of works or activities carried out under paragraph (a) from the owner on whom the repair order was served as a debt due to the Crown in any court of competent jurisdiction.\n\nS. 159(2) inserted by No. 5/2023 s. 99(4).\n\n(2) The Heritage Council may make available to the Executive Director a security given under section 101A for the costs of works or activities under subsection (1)(a) if the repair order is in relation to the same works or activities in respect of which the security was given.\n\nDivision 3—Rectification orders\n\n","sortOrder":179},{"sectionNumber":"160","sectionType":"section","heading":"Issue of rectification order","content":"\t160 Issue of rectification order\n\n(1) The Executive Director may issue a rectification order to a person if—\n\n(a) the person has carried out works or activities in relation to a registered place or registered object; and\n\n(b) the Executive Director reasonably believes that the works or activities were carried out without a permit or exemption under this Act.\n\n(2) A rectification order issued to a person may require the person to rectify any works or activities carried out in relation to the registered place or registered object.\n\n(3) The Executive Director must cause a rectification order to be served on the person to whom it is issued.\n\n","sortOrder":180},{"sectionNumber":"161","sectionType":"section","heading":"Effect of rectification order","content":"\t161 Effect of rectification order\n\nA rectification order takes effect on the service of the order under section 160.\n\n","sortOrder":181},{"sectionNumber":"162","sectionType":"section","heading":"Manner of service of rectification order","content":"\t162 Manner of service of rectification order\n\nA rectification order may be served on a person—\n\n(a) by delivering it to the person; or\n\n(b) by leaving it at the person's usual or last known place of residence; or\n\n(c) by forwarding it by post in a prepaid letter addressed to the person at their usual or last known place of residence; or\n\n(d) by facsimile to the person at the person's usual or last known place of residence or business; or\n\n(e) by means of electronic communication in accordance with the **Electronic Transactions (Victoria) Act 2000**.\n\n","sortOrder":182},{"sectionNumber":"163","sectionType":"section","heading":"Compliance with rectification orders","content":"\t163 Compliance with rectification orders\n\nA person on whom a rectification order has been served must comply with the requirements of the rectification order.\n\n","sortOrder":183},{"sectionNumber":"164","sectionType":"section","heading":"VCAT review of rectification order","content":"\t164 VCAT review of rectification order\n\n(1) A person on whom a rectification order has been served may apply to VCAT for a review of the Executive Director's decision to issue the rectification order.\n\n(2) An application for review must be made within 28 days after the rectification order is served.\n\nDivision 4—Stop orders\n\n","sortOrder":184},{"sectionNumber":"165","sectionType":"section","heading":"Issue of stop orders","content":"\t165 Issue of stop orders\n\n(1) The Executive Director may issue a stop order to a person if—\n\n(a) the person proposes to carry out, or is carrying out, works or activities in relation to a registered place or registered object; and\n\n(b) the works or activities must be carried out with a permit or exemption under this Act; and\n\n(c) the Executive Director is satisfied there are reasonable grounds for believing that the registered place or registered object could be harmed unless a stop order is issued.\n\n(2) A stop order issued to a person may—\n\n(a) require the person to stop immediately the works or activities specified in the stop order; or\n\n(b) prohibit the person from carrying out the works or activities specified in the stop order.\n\n(3) The Executive Director must cause a stop order to be served on the person to whom it is issued.\n\n","sortOrder":185},{"sectionNumber":"166","sectionType":"section","heading":"Service of stop orders","content":"\t166 Service of stop orders\n\n(1) A stop order must be served to the person to whom it applies—\n\n(a) in person; or\n\n(b) if it is not reasonably practicable to deliver it in person, by affixing it to a prominent position at the place where the works or activities in relation to a registered place or registered object are being carried out or are to be carried out; or\n\n(c) if the person is a body corporate, by giving it to the person apparently supervising or in charge of the works or activities to which the stop order relates.\n\n(2) An inspector may enter any land or premises at any time for the purpose of serving a stop order in accordance with this section.\n\n","sortOrder":186},{"sectionNumber":"167","sectionType":"section","heading":"Period of stop orders","content":"\t167 Period of stop orders\n\nA stop order served to a person in relation to the carrying out of works or activities continues in effect until—\n\n(a) a permit is issued in relation to the works or activities; or\n\n(b) an exemption is granted in relation to the works or activities; or\n\n(c) the stop order is revoked by the Executive Director.\n\n","sortOrder":187},{"sectionNumber":"168","sectionType":"section","heading":"Compliance with stop orders","content":"\t168 Compliance with stop orders\n\nA person on whom a stop order has been served must comply with the requirements of the stop order.\n\nPenalty: In the case of a natural person, 4800 penalty units;\n\nPart 9—World Heritage\n\nDivision 1—World Heritage Environs Areas\n\n\t169 Declaration of World Heritage Environs Area\n\n(1) The Minister, as soon as practicable after a place is recorded in the Heritage Register in accordance with section 24(c), must consider whether an area in the vicinity of that place should be declared a World Heritage Environs Area in order to protect the world heritage values of that place.\n\n(2) If the Minister considers that an area should be declared to be a World Heritage Environs Area, the Minister may recommend to the Governor in Council that the area be declared a World Heritage Environs Area.\n\n(3) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may declare the area a World Heritage Environs Area.\n\nDivision 2—World Heritage Strategy Plans\n\n","sortOrder":188},{"sectionNumber":"170","sectionType":"section","heading":"Preparation of World Heritage Strategy Plan","content":"\t170 Preparation of World Heritage Strategy Plan\n\n(1) The Executive Director must prepare a draft World Heritage Strategy Plan for a World Heritage Environs Area as soon as practicable after the World Heritage Environs Area is declared.\n\n(2) A World Heritage Strategy Plan must—\n\n(a) set out the world heritage values of the listed place to which the World Heritage Environs Area relates; and\n\n(b) set out strategies for the appropriate use and development of that area in order to ensure that the world heritage values of the listed place are protected and managed.\n\n(3) On completing a draft World Heritage Strategy Plan, the Executive Director must provide a copy of the draft plan to the Heritage Council for consideration.\n\n","sortOrder":189},{"sectionNumber":"171","sectionType":"section","heading":"Notice of draft World Heritage Strategy Plan","content":"\t171 Notice of draft World Heritage Strategy Plan\n\n(1) On completing a draft World Heritage Strategy Plan, the Executive Director must cause a notice of the preparation of the draft plan to be published—\n\n(a) in a newspaper circulating generally in the World Heritage Environs Area to which the draft plan relates; and\n\n(b) in a daily newspaper circulating generally throughout the State.\n\n(2) A notice under subsection (1) must state—\n\nS. 171(2)(a) substituted by No. 5/2023 s. 8(1).\n\n(a) if the Executive Director intends to make a copy of the draft plan available in person in accordance with the requirements set out in section 254B, the place at which any person may inspect the draft plan; and\n\nS. 171(2)(ab) inserted by No. 5/2023 s. 8(1).\n\n(ab) if the Executive Director intends to make a copy of the draft plan available electronically and on request in accordance with the requirements set out in sections 254C and 254D—\n\n(i) the address of the Department's website at which a copy of the draft plan is published; and\n\n(ii) the Department's contact details for making a request to inspect a copy of the draft plan; and\n\n(b) the submission date for the draft plan, being at least 60 days after the date of the notice; and\n\n(c) that any person may make a written submission to the Heritage Council on the draft plan on or before the submission date.\n\nS. 171(3) substituted by No. 5/2023 s. 8(2).\n\n(3) During the inspection period, the Executive Director and the Heritage Council must make an up to date copy of a draft World Heritage Strategy Plan available in accordance with the public availability requirements.\n\nS. 171(4) inserted by No. 5/2023 s. 8(2).\n\n(4) In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.\n\nS. 171(5) inserted by No. 5/2023 s. 8(2).\n\n***inspection period*** means the period—\n\n(a) beginning on the day notice of the preparation of the draft World Heritage Strategy Plan is published under subsection (1)(a) or (b), whichever is earlier; and\n\n(b) ending on the submission date for the draft plan.\n\n","sortOrder":190},{"sectionNumber":"172","sectionType":"section","heading":"Submissions on draft World Heritage Strategy Plan","content":"\t172 Submissions on draft World Heritage Strategy Plan\n\n(1) Any person or body may make a written submission to the Heritage Council in relation to a draft World Heritage Strategy Plan on or before the submission date for the draft plan.\n\n(2) A written submission may include a request for a hearing before the Heritage Council in relation to the submission.\n\n","sortOrder":191},{"sectionNumber":"173","sectionType":"section","heading":"Procedure of the Heritage Council where no submissions","content":"\t173 Procedure of the Heritage Council where no submissions\n\nIf the Heritage Council does not receive any submissions under section 172, the Heritage Council must consider the draft World Heritage Strategy Plan as soon as practicable after the submission date for the draft plan.\n\n","sortOrder":192},{"sectionNumber":"174","sectionType":"section","heading":"Heritage Council to consider submissions","content":"\t174 Heritage Council to consider submissions\n\n(1) The Heritage Council must consider a submission in relation to a draft World Heritage Strategy Plan that is received on or before the submission date for the draft plan.\n\n(a) request the person or body making the submission for more information relating to the submission; or\n\n(b) conduct a hearing in relation to the draft plan; or\n\n(c) consider any submissions and the draft plan without a hearing.\n\n","sortOrder":193},{"sectionNumber":"175","sectionType":"section","heading":"Decision of the Heritage Council","content":"\t175 Decision of the Heritage Council\n\n(1) After considering a draft World Heritage Strategy Plan, any submissions and any other matters it considers relevant, and conducting any hearing, the Heritage Council must adopt the draft plan with or without amendments.\n\n(2) The Heritage Council must give a copy of the draft plan to the Minister for approval as soon as practicable after adopting the draft plan.\n\n","sortOrder":194},{"sectionNumber":"176","sectionType":"section","heading":"Approval of World Heritage Strategy Plan","content":"\t176 Approval of World Heritage Strategy Plan\n\n(1) The Minister, by notice published in the Government Gazette, may—\n\n(a) approve a World Heritage Strategy Plan adopted by the Heritage Council; or\n\n(b) approve the World Heritage Strategy Plan as amended by the Minister.\n\n(2) An Approved World Heritage Strategy Plan comes into operation—\n\n(a) on the date on which the notice under subsection (1) is published in Government Gazette; or\n\n(b) on any later date specified in the notice.\n\n","sortOrder":195},{"sectionNumber":"177","sectionType":"section","heading":"Amendments to Approved World Heritage Strategy Plans","content":"\t177 Amendments to Approved World Heritage Strategy Plans\n\n(1) The Executive Director may propose an amendment to an Approved World Heritage Strategy Plan.\n\n(2) Sections 170 to 176 apply to a proposed amendment to an Approved World Heritage Strategy Plan as if the proposed amendment were a draft World Heritage Strategy Plan.\n\nS. 178 substituted by No. 5/2023 s. 9.\n\n","sortOrder":196},{"sectionNumber":"178","sectionType":"section","heading":"Public availability of Approved World Heritage Strategy Plans","content":"\t178 Public availability of Approved World Heritage Strategy Plans\n\nThe Heritage Council and the Executive Director must make an up to date copy of each Approved World Heritage Strategy Plan available in accordance with the public availability requirements.\n\n","sortOrder":197},{"sectionNumber":"179","sectionType":"section","heading":"Notice of Approved World Heritage Strategy Plan","content":"\t179 Notice of Approved World Heritage Strategy Plan\n\nThe Minister must cause notice of the approval of a World Heritage Strategy Plan to be given to—\n\n(a) the Minister administering the **Planning and Environment Act 1987**; and\n\n(b) the responsible authority in which the World Heritage Environs Area is situated and, if the responsible authority is not a municipal council, the relevant municipal council.\n\n","sortOrder":198},{"sectionNumber":"180","sectionType":"section","heading":"Amendment of planning schemes","content":"\t180 Amendment of planning schemes\n\n(1) The Minister administering the **Planning and Environment Act 1987** must prepare and approve an amendment to any planning scheme applying to an area that has been declared to be a World Heritage Environs Area—\n\n(a) to identify that area as a World Heritage Environs Area; and\n\n(b) to give effect to the Approved World Heritage Strategy Plan for that area.\n\n(2) An amendment under subsection (1) must be prepared as soon as practicable after the approval of the World Heritage Strategy Plan for the World Heritage Environs Area.\n\n(3) An amendment under subsection (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with the Approved World Heritage Strategy Plan.\n\nS. 180(4) amended by No. 43/2025 s. 76.\n\n(4) The **Planning and Environment Act 1987** (except sections 12(1)(a) and (e), 12(2), 12(2A), 12(3),  Divisions 1 and 2 of Part 3 and sections 39(1),  39(2), 39(3), 39(4) and 39(5) and any  regulations made for the purposes of those  provisions) applies to the preparation and  approval of amendments under subsection (1).\n\n(5) The Minister administering the **Planning and Environment Act 1987** must not approve an  amendment to a planning scheme applying to an  area that has been declared to be a World Heritage  Environs Area if the amendment is inconsistent  with the Approved World Heritage Strategy Plan  for that area.\n\nDivision 3—World Heritage Management Plans\n\n","sortOrder":199},{"sectionNumber":"181","sectionType":"section","heading":"Steering Committees for listed places","content":"\t181 Steering Committees for listed places\n\n(1) The Minister must appoint a Steering Committee for each listed place.\n\n(2) The Steering Committee for a listed place consists of—\n\n(a) the Executive Director who is the Chairperson; and\n\n(b) if the listed place is Crown land or land vested in a Minister or public authority, any persons who are responsible for the management of the listed place and who are appointed by the Minister; and\n\n(c) in the case of any listed place on other land, any person who is the owner or occupier or is concerned in the management of the listed place and who is appointed by the Minister; and\n\n(d) any other persons that the Minister considers appropriate.\n\n(3) A quorum of a Steering Committee is constituted by a majority of its members.\n\n(4) Subject to this Part, a Steering Committee may regulate its own proceedings.\n\n","sortOrder":200},{"sectionNumber":"182","sectionType":"section","heading":"Functions of Steering Committees","content":"\t182 Functions of Steering Committees\n\nThe functions of the Steering Committee for a listed place are—\n\n(a) to prepare a World Heritage Management Plan for the listed place; and\n\n(b) to assist in the implementation of an Approved World Heritage Management Plan for the listed place; and\n\n(c) to report as required by the Minister on the carrying out of its activities.\n\n","sortOrder":201},{"sectionNumber":"183","sectionType":"section","heading":"Preparation of World Heritage Management Plan","content":"\t183 Preparation of World Heritage Management Plan\n\n(1) The Steering Committee for a listed place must prepare a draft World Heritage Management Plan for that place.\n\n(2) A World Heritage Management Plan must—\n\n(a) state the world heritage values of the listed place; and\n\n(b) set out policies designed to ensure that the world heritage values of the listed place are identified, conserved, protected, presented, transmitted to future generations and, if appropriate, rehabilitated; and\n\n(c) set out mechanisms designed to deal with the impacts of actions that individually or cumulatively degrade, or threaten to degrade, the world heritage values of the listed place; and\n\n(d) provide for management actions for values (other than world heritage values) that are consistent with the management of the world heritage values of the listed place; and\n\n(e) state that the processes for public consultation set out in Division 3 of  \n","sortOrder":202},{"sectionNumber":"Part 9","sectionType":"part","heading":"of the **Heritage Act 2017** apply to the World Heritage Management Plan; and","content":"Part 9 of the **Heritage Act 2017** apply to the World Heritage Management Plan; and\n\n(f) not be inconsistent with Australia's obligations under the World Heritage Convention within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and\n\n(g) not be inconsistent with the Australian World Heritage management principles within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.\n\n","sortOrder":203},{"sectionNumber":"184","sectionType":"section","heading":"Notice of draft World Heritage Management Plan","content":"\t184 Notice of draft World Heritage Management Plan\n\n(1) On completion of a draft World Heritage Management Plan for a listed place, the Steering Committee for that place must cause a notice of the draft plan to be published—\n\n(a) in a newspaper circulating generally in the area in which the listed place is located; and\n\n(b) in a daily newspaper circulating generally throughout Victoria.\n\n(2) A notice under subsection (1) must state—\n\n(a) the Steering Committee's intention to submit the draft World Heritage Management Plan to the Minister for approval; and\n\nS. 184(2)(b) substituted by No. 5/2023 s. 10(1).\n\n(b) if the Executive Director intends to make a copy of the draft plan available in person in accordance with the requirements set out in section 254B, the place at which any person may inspect the draft plan; and\n\nS. 184(2)(ba) inserted by No. 5/2023 s. 10(1).\n\n(ba) if the Executive Director intends to make a copy of the draft plan available electronically and on request in accordance with the requirements set out in sections 254C and 254D—\n\n(i) the address of the Department's website at which a copy of the draft plan is published; and\n\n(ii) the Department's contact details for making a request to inspect a copy of the draft plan; and\n\n(c) the submission date for the draft plan, being at least 60 days after the date of the notice; and\n\n(d) that any person may make a written submission to the Steering Committee on the draft plan on or before that submission date.\n\nS. 184(3) substituted by No. 5/2023 s. 10(2).\n\n(3) During the inspection period, the Executive Director must make an up to date copy of a draft World Heritage Management Plan available in accordance with the public availability requirements.\n\nS. 184(4) inserted by No. 5/2023 s. 10(2).\n\n(4) In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.\n\nS. 184(5) inserted by No. 5/2023 s. 10(2).\n\n***inspection period*** means the period—\n\n(a) beginning on the day notice of the preparation of the draft World Heritage Management Plan is published under subsection (1)(a) or (b), whichever is earlier; and\n\n(b) ending on the submission date for the draft plan.\n\n","sortOrder":204},{"sectionNumber":"185","sectionType":"section","heading":"Submissions on draft World Heritage Management Plan","content":"\t185 Submissions on draft World Heritage Management Plan\n\n(1) Any person or body may make a written submission to a Steering Committee in relation to a draft World Heritage Management Plan on or before the submission date for the draft plan.\n\n(2) A written submission may include a request for a hearing before the Steering Committee in relation to the submission.\n\n","sortOrder":205},{"sectionNumber":"186","sectionType":"section","heading":"Steering Committee to consider submissions","content":"\t186 Steering Committee to consider submissions\n\n(1) The Steering Committee for a listed place must consider a submission in relation to a draft World Heritage Management Plan that is received on or before the submission date for the draft plan.\n\n(2) The Steering Committee may—\n\n(a) request the person making the submission for more information relating to the submission; or\n\n(b) conduct a hearing in relation to the draft plan; or\n\n(c) consider the draft plan and submissions without a hearing.\n\n","sortOrder":206},{"sectionNumber":"187","sectionType":"section","heading":"Decision of the Steering Committee","content":"\t187 Decision of the Steering Committee\n\n(1) After considering a draft World Heritage Management Plan for a listed place, any submissions and any other matters it considers relevant, and conducting any hearing, the Steering Committee for that place must adopt the draft plan with or without amendments.\n\n(2) The Steering Committee must give a copy of the draft plan to the Minister for approval as soon as practicable after adopting the draft plan.\n\n","sortOrder":207},{"sectionNumber":"188","sectionType":"section","heading":"Approval of World Heritage Management Plan","content":"\t188 Approval of World Heritage Management Plan\n\n(1) The Minister, by notice published in the Government Gazette, may—\n\n(a) approve a World Heritage Management Plan for a listed place adopted by the Steering Committee for that place; or\n\n(b) approve the World Heritage Management Plan as amended by the Minister.\n\n(2) An Approved World Heritage Management Plan comes into operation—\n\n(a) on the date on which the notice under subsection (1) is published in the Government Gazette; or\n\n(b) on any later date specified in the notice.\n\n","sortOrder":208},{"sectionNumber":"189","sectionType":"section","heading":"Amendments to Approved World Heritage Management Plans","content":"\t189 Amendments to Approved World Heritage Management Plans\n\n(1) The Steering Committee for a listed place may propose an amendment to an Approved World Heritage Management Plan for that listed place.\n\n(2) Sections 183 to 188 apply to a proposed amendment to an Approved World Heritage Management Plan as if the proposed amendment were a draft World Heritage Management Plan.\n\nS. 190 substituted by No. 5/2023 s. 11.\n\n","sortOrder":209},{"sectionNumber":"190","sectionType":"section","heading":"Public availability of Approved World Heritage Management Plans","content":"\t190 Public availability of Approved World Heritage Management Plans\n\nThe Executive Director must make an up to date copy of each Approved World Heritage Management Plan available in accordance with the public availability requirements.\n\n","sortOrder":210},{"sectionNumber":"191","sectionType":"section","heading":"Review of Approved World Heritage Management Plan","content":"\t191 Review of Approved World Heritage Management Plan\n\nThe Steering Committee for a listed place must undertake a review of the Approved World Heritage Management Plan for the listed place every 7 years from the date on which the plan was first approved under this Part.\n\n","sortOrder":211},{"sectionNumber":"192","sectionType":"section","heading":"Offence to fail to comply with Approved World Heritage Management Plan","content":"\t192 Offence to fail to comply with Approved World Heritage Management Plan\n\n(1) A person who is the owner or occupier of a listed place or part of a listed place must comply with the Approved World Heritage Management Plan relating to the listed place in carrying out any works or activities in relation to the listed place.\n\nPenalty: In the case of a natural person, 2400 penalty units;\n\nIn the case of a body corporate, 10 000 penalty units.\n\n(2) Subsection (1) does not apply to works or activities—\n\n(a) carried out in accordance with a permit issued under Part 5; or\n\n(b) for which the Executive Director or Heritage Council has determined that a permit is not required under Part 5.\n\n(3) An offender is not liable to be punished for an offence under this section if—\n\n(a) an act or omission constitutes an offence under this section and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and\n\n(b) the offender has been punished for that offence under that Act.\n\n","sortOrder":212},{"sectionNumber":"193","sectionType":"section","heading":"Annual report on condition of property","content":"\t193 Annual report on condition of property\n\n(1) The Minister may direct the Executive Director to prepare an annual report on the condition of a listed place.\n\n(2) The Executive Director must comply with a direction made under subsection (1).\n\nPart 10—Enforcement and legal proceedings\n\nDivision 1—Appointment and powers of inspectors\n\n\t194 Appointment of inspectors\n\n(1) The Executive Director may appoint the following persons to be an inspector for the purposes of this Act—\n\n(a) a person employed under Part 3 of the **Public Administration Act 2004**;\n\n(b) any other person with the consent of the Minister.\n\n(2) An appointment under subsection (1) must be in writing and signed by the Executive Director.\n\n","sortOrder":213},{"sectionNumber":"195","sectionType":"section","heading":"Identity cards","content":"\t195 Identity cards\n\n(1) The Executive Director must issue an identity card to an inspector, other than an inspector who is a police officer.\n\n(2) An identity card must contain a photograph of the inspector and be in the prescribed form.\n\n(3) A person who ceases to be an inspector must immediately return their identity card to the Executive Director.\n\nPenalty: 1 penalty unit.\n\n(4) In this Division a reference to an identity card in relation to an inspector who is a police officer is a reference to written evidence of the fact that the person is a police officer.\n\n","sortOrder":214},{"sectionNumber":"196","sectionType":"section","heading":"Inspector must show identity card","content":"\t196 Inspector must show identity card\n\n(1) An inspector other than a police officer in uniform must produce their identity card on demand and, if practicable, on each occasion before proceeding to act under this Part.\n\n(2) An inspector who is a police officer in uniform must produce their identity card on demand.\n\n(3) An inspector is not required to produce their identity card on demand if doing so would endanger the health or safety of the inspector, but must in that case produce their identity card as soon as practicable after the demand is made.\n\n","sortOrder":215},{"sectionNumber":"197","sectionType":"section","heading":"Inspector may demand name and address","content":"\t197 Inspector may demand name and address\n\n(1) An inspector may require a person to give their name and address to the inspector if the inspector reasonably believes the person has committed, or is committing, an offence against this Act or the regulations.\n\n(2) Before requiring a person to give their name and address, an inspector must—\n\n(a) state the inspector's name and, unless the inspector is a police officer, produce their identity card for inspection; and\n\n(b) inform the person of the grounds for the inspector's belief that the person has committed or is committing an offence, in sufficient detail to allow the person to understand the nature of the offence; and\n\n(c) inform the person that the inspector is making the requirement under this section.\n\n(3) An inspector who has complied with subsection (2) may also require the person to produce any document the person is carrying that contains the person's name and address.\n\n(4) A person—\n\n(a) must comply with any requirement lawfully made under this section; and\n\n(b) must not knowingly provide information that is false or misleading.\n\nPenalty: In the case of a natural person, 50 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\n","sortOrder":216},{"sectionNumber":"198","sectionType":"section","heading":"Offence to hinder inspector or authorised person","content":"\t198 Offence to hinder inspector or authorised person\n\nA person must not, without reasonable excuse, hinder or obstruct an inspector or authorised person exercising a power under this Part.\n\nPenalty: 60 penalty units or imprisonment for 6 months or both.\n\n","sortOrder":217},{"sectionNumber":"199","sectionType":"section","heading":"Offence to impersonate inspector","content":"\t199 Offence to impersonate inspector\n\nA person must not impersonate an inspector acting in the inspector's official capacity.\n\nPenalty: 30 penalty units or imprisonment for 3 months or both.\n\n","sortOrder":218},{"sectionNumber":"200","sectionType":"section","heading":"Police officers must assist inspectors","content":"\t200 Police officers must assist inspectors\n\nOn the request of an inspector, a police officer must assist in the performance of the inspector's functions, if it is practicable to assist the inspector as requested.\n\nDivision 2—Powers of entry, search and seizure\n\n","sortOrder":219},{"sectionNumber":"201","sectionType":"section","heading":"General powers of entry","content":"\t201 General powers of entry\n\n(1) Subject to this section, an inspector may enter any building or land at any reasonable time for the purposes of—\n\n(a) investigating the cultural heritage significance of the building or land, or an object located in, at or under the building or land; or\n\n(b) in the case of a registered place, determining whether or not this Act has been complied with in relation to the registered place; or\n\n(c) in the case of a registered object, determining whether or not this Act has been complied with in relation to the registered object.\n\n(2) In addition to subsection (1), the Heritage Council may authorise a person in a particular case to enter any building or land at any reasonable time for the purposes of investigating the cultural heritage significance of the building or land, or an object located in, at or under the building or land.\n\n(3) An authorisation under subsection (2) must—\n\n(a) be in writing; and\n\n(b) signed by the Heritage Council.\n\nS. 201(4) substituted by No. 5/2023 s. 100.\n\n(4) An inspector or authorised person must not enter a residence unless—\n\n(a) in the case of a residence that is occupied—the occupier of the residence has given written consent to the entry; or\n\n(b) in the case of a residence that is unoccupied—\n\n(i) the owner of the residence has given written consent to the entry; or\n\n(ii) in the absence of written consent, 2 days' clear notice is given to the owner of the residence.\n\n(5) An inspector or authorised person must not enter any other building or land—\n\n(a) unless the occupier of the building or land has given written consent to the entry; or\n\n(b) in the absence of written consent, unless 2 days' clear notice is given to any occupier of the building or land.\n\n(6) An inspector or authorised person acting in accordance with this section may—\n\n(c) take samples of water, soil, vegetation or other similar substances for the purposes of analysis; and\n\n(d) use any other means of recording information necessary for the purposes of this Act.\n\n","sortOrder":220},{"sectionNumber":"202","sectionType":"section","heading":"Search warrant for any premises","content":"\t202 Search warrant for any premises\n\n(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to any premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.\n\n(2) A magistrate may issue a search warrant if the magistrate is satisfied that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.\n\n(3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary—\n\n(a) to enter the place or the part of the place named or described in the warrant; and\n\n(b) to search for a thing named or described in the warrant.\n\n(4) An inspector executing a search warrant issued under this section may seize a thing that is not named or described in the search warrant if the inspector considers on reasonable grounds that—\n\n(a) the thing is connected with the offence or connected with another offence against this Act; and\n\n(b) seizing the thing is necessary to prevent its concealment, loss or destruction.\n\n(5) In addition to any other requirement, the search warrant must state—\n\n(a) the offence suspected; and\n\n(b) the premises to be searched; and\n\n(c) a description of the thing for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during stated hours; and\n\n(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(6) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(7) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court** **Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":221},{"sectionNumber":"203","sectionType":"section","heading":"Announcement before entry of premises on warrant","content":"\t203 Announcement before entry of premises on warrant\n\n(1) Before executing a search warrant, the inspector named in the warrant or any person assisting the inspector must—\n\n(a) announce their authorisation by the warrant to enter the place; and\n\n(b) give any person at the place an opportunity to allow entry to the place.\n\n(2) Subsection (1) does not apply if the inspector or any person assisting the inspector believes on reasonable grounds that immediate entry to the place is required to ensure—\n\n(a) the safety of any person; or\n\n(b) the effective execution of the search warrant is not frustrated.\n\n","sortOrder":222},{"sectionNumber":"204","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t204 Copy of warrant to be given to occupier\n\nIf the occupier of a place, or other person who apparently represents the occupier, is present at the place when a search warrant is being executed, the inspector must—\n\n(a) produce the inspector's identity card for inspection by that person; and\n\n(b) give to that person a copy of the execution copy of the warrant.\n\n","sortOrder":223},{"sectionNumber":"205","sectionType":"section","heading":"Powers of inspectors on entry on warrant","content":"\t205 Powers of inspectors on entry on warrant\n\nA person exercising a power of entry of a place under section 202 may during the search—\n\n(c) inspect and make copies of, or take extracts from, the thing if it is a document; and\n\n(d) take samples of water, soil, vegetation or other similar substances for the purposes of analysis; and\n\n(e) use any other means of recording information necessary for the purposes of this Act.\n\n","sortOrder":224},{"sectionNumber":"206","sectionType":"section","heading":"Court order for entry to residence for cultural heritage significance reasons","content":"\t206 Court order for entry to residence for cultural heritage significance reasons\n\n(1) An inspector or a person authorised by the Heritage Council may apply to a magistrate for an order permitting entry to a residence other than a registered place for the purposes of investigating the cultural heritage significance of the residence or an object at the residence if—\n\n(a) the occupier of the residence refuses to give written consent to entry under section 201(4); or\n\n(b) after reasonable efforts by the inspector or authorised person to locate the occupier, the inspector or authorised person is satisfied the residence is unoccupied.\n\n(2) An inspector or authorised person must serve a copy of an application under subsection (1) on the occupier of the residence at least 14 days before the day for hearing the application.\n\n(3) A magistrate may make an order under this section if the magistrate is satisfied—\n\n(a) by evidence on oath, whether oral or by affidavit, of the matters set out in subsection (1); and\n\n(b) that entry is warranted in all the circumstances.\n\n(4) An order under this section—\n\n(a) must state a day up to 28 days after the making of the order on which the order ceases to have effect; and\n\n(b) may authorise an inspector or authorised person named in the order and any assistants the inspector or authorised person considers necessary to enter the residence described in the order.\n\n(5) An order made under this section has effect and may be enforced as if it were an order or judgment made by the Magistrates' Court under the **Magistrates' Court Act 1989**.\n\n","sortOrder":225},{"sectionNumber":"207","sectionType":"section","heading":"Announcement before entry of residence using order","content":"\t207 Announcement before entry of residence using order\n\n(1) Before entering a residence under an order under section 206, an inspector, authorised person or person assisting the inspector or authorised person—\n\n(a) must announce their authorisation by the order to enter the residence; and\n\n(b) must give any person at the residence an opportunity to allow entry to the residence.\n\n(2) If the occupier or another person who apparently represents the occupier is present at a residence when an inspector or authorised person enters the residence under an order under section 206, the inspector or authorised person must—\n\n(a) identify themselves to the person by producing for inspection—\n\n(i) an identity card in the case of an inspector; or\n\n(ii) an authorisation of the Heritage Council in the case of an authorised person; and\n\n(b) give the person a copy of the order.\n\n","sortOrder":226},{"sectionNumber":"208","sectionType":"section","heading":"Powers on entry using order","content":"\t208 Powers on entry using order\n\nAn inspector or authorised person, or a person assisting the inspector or authorised person, acting in accordance with an order under section 206 may—\n\n(c) take samples of water, soil, vegetation or other similar substances for the purposes of analysis; and\n\n(d) use any other means of recording information necessary for the purposes of this Act.\n\n","sortOrder":227},{"sectionNumber":"209","sectionType":"section","heading":"Powers of inspectors—archaeological artefacts","content":"\t209 Powers of inspectors—archaeological artefacts\n\n(1) An inspector may for the purpose of the administration and enforcement of this Act in relation to archaeological artefacts—\n\n(a) request information from any person in relation to the situation of any archaeological artefact; and\n\n(b) inspect or examine any archaeological artefact; and\n\n(c) require any person in a place damaging or reasonably suspected of damaging or being likely to damage an archaeological artefact to leave the place.\n\n(2) Subject to subsection (3), subsection (1)(c) does not apply to a person who holds a permit or a consent in respect of that place.\n\n(3) An inspector may under subsection (1)(c) require a person who holds a permit or consent to leave a place if the person fails to produce the permit or consent to the inspector on being requested to do so.\n\n(4) A person must comply with a request or requirement made under subsection (1) to the extent that the person is capable of complying with it.\n\n(5) A person must not knowingly provide under this section information that is false or misleading.\n\n","sortOrder":228},{"sectionNumber":"210","sectionType":"section","heading":"Seizure and forfeiture—archaeological artefacts","content":"\t210 Seizure and forfeiture—archaeological artefacts\n\n(1) If an inspector has reasonable grounds for believing that an offence has been or is being or is about to be committed against this Act in relation to an archaeological artefact the inspector may impound and detain that artefact.\n\n(2) Subsection (1) does not authorise the detention of an artefact for more than 4 months.\n\n(3) On conviction for an offence against this Act in relation to an archaeological artefact, in addition to imposing the penalty under this Act in respect of the offence, the court which convicted the person may order that the archaeological artefact be forfeited to the Crown.\n\n","sortOrder":229},{"sectionNumber":"211","sectionType":"section","heading":"Powers of inspectors—underwater cultural heritage","content":"\t211 Powers of inspectors—underwater cultural heritage\n\n(1) If an inspector has reasonable grounds for believing that it is necessary for the purpose of ascertaining whether an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations has been or is being committed, or that by doing so evidence in relation to the commission of such an offence may be obtained, the inspector, with or without persons and equipment to assist, may do the following—\n\n(a) stop and board a ship;\n\n(b) require a person in charge of a ship to take steps to facilitate boarding;\n\n(c) open, or require a person to open, any cabins, cargo holds, compartments or containers on any ship boarded in accordance with paragraph (a) and inspect the contents of those cabins, cargo holds, compartments or containers;\n\n(d) require any person found in or on a ship boarded in accordance with paragraph (a) to produce any permit in force under this Act that is in their possession;\n\n(e) stop and search any vehicle;\n\n(f) require any person found in or near any vehicle stopped in accordance with paragraph (e) to produce any permit in force under this Act that is in their possession;\n\n(g) require a person to produce any document that the inspector reasonably believes might be relevant to the commission of an offence against this Act or the underwater cultural heritage regulations;\n\n(h) search any parcel, basket, bag, box or other receptacle;\n\n(i) search any premises that are not a residence or any tent, land or caravan, other than a caravan in a caravan park within the meaning of the **Residential Tenancies Act 1997**.\n\n(2) A person must not, without reasonable excuse, fail to comply with a requirement made of the person by an inspector in the exercise of a power under subsection (1).\n\nPenalty: 50 penalty units.\n\n(3) For the purpose of exercising a power under this section, an inspector may do anything that a person holding a permit under this Act may do.\n\n","sortOrder":230},{"sectionNumber":"212","sectionType":"section","heading":"Arrest without warrant—underwater cultural heritage","content":"\t212 Arrest without warrant—underwater cultural heritage\n\n(1) An inspector, without a warrant, may arrest a person if the inspector reasonably believes—\n\n(a) that the person has committed an offence against section 74, 76, 197 or 211 or against the underwater cultural heritage regulations; and\n\n(b) that a proceeding against the person by summons for the offence would not be effective.\n\n(2) If an inspector arrests a person under subsection (1), the inspector must produce their identity card for inspection by the person arrested.\n\n(3) If a person is arrested under subsection (1), an inspector must immediately bring the person, or cause the person to be brought, before the Magistrates' Court to be dealt with in accordance with law.\n\n(4) Nothing in this section prevents the arrest of a person in accordance with any other law.\n\n\t213 Search warrants—registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts\n\n(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact is being held in contravention of this Act at the place to be searched.\n\n(2) A magistrate may issue a search warrant if the magistrate is satisfied that there are reasonable grounds for suspecting that an item referred to in subsection (1) is being held in contravention of this Act at the place.\n\n(3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary—\n\n(a) to enter the place, or part of the place, named or described in the warrant; and\n\n(b) to search for and seize a thing named or described in the warrant.\n\n(4) In addition to any other requirement, a search warrant issued under this section must state—\n\n(a) the offence suspected; and\n\n(b) the place to be searched; and\n\n(c) a description of the thing searched for; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during stated hours; and\n\n(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(6) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court** **Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":231},{"sectionNumber":"214","sectionType":"section","heading":"Seizure and forfeiture—underwater cultural heritage","content":"\t214 Seizure and forfeiture—underwater cultural heritage\n\n(1) An inspector may—\n\n(a) seize any ship, vehicle, equipment or other thing the inspector reasonably believes to have been used or otherwise involved in the commission of an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations; and\n\n(b) detain the ship, vehicle, equipment or thing—\n\n(i) until the expiration of a period of 60 days after the seizure; or\n\n(ii) if a proceeding for an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations the commission of which the ship, vehicle, equipment or thing may have been used or otherwise involved is commenced within that period, until the proceeding (including any appeal) is finally determined.\n\n(2) The Minister may authorise any ship, vehicle, equipment or thing seized under subsection (1) to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on any conditions that the Minister considers fit, including conditions as to the giving of security for payment of its value if it is forfeited.\n\n(3) If a court convicts a person of an offence against this Act in respect of underwater cultural heritage or the underwater cultural heritage regulations, the court may order the forfeiture to the Crown of any ship, vehicle, equipment or thing used or otherwise involved in the commission of the offence.\n\n(4) A ship, vehicle, equipment or thing forfeited under this section may be sold or otherwise dealt with as the Minister considers fit.\n\n(5) A reference in this section to a thing involved in the commission of an offence includes a reference to a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact to which the offence relates.\n\nDivision 3—Orders of the Supreme Court\n\n","sortOrder":232},{"sectionNumber":"215","sectionType":"section","heading":"Definitions","content":"\t215 Definitions\n\n***contravention*** includes a threatened or an apprehended contravention;\n\n***this Act*** includes a permit, consent or exemption under this Act or the conditions of a permit, consent or exemption under this Act.\n\n","sortOrder":233},{"sectionNumber":"216","sectionType":"section","heading":"Remedy or restraint of contraventions of this Act","content":"\t216 Remedy or restraint of contraventions of this Act\n\nThe Heritage Council, the Executive Director, the Director of Public Prosecutions or any other person may bring proceedings in the Supreme Court for an order to remedy or restrain a contravention of this Act.\n\n","sortOrder":234},{"sectionNumber":"217","sectionType":"section","heading":"Orders of the Supreme Court","content":"\t217 Orders of the Supreme Court\n\n(1) The Supreme Court may make any order it considers fit to remedy or restrain a contravention of this Act if the Supreme Court is satisfied that—\n\n(a) this Act has been contravened; or\n\n(b) this Act will be contravened unless restrained by order of the Court.\n\n(2) Without limiting the powers of the Supreme Court under subsection (1), an order made under that subsection may—\n\n(a) if the contravention of this Act comprises the construction of a building or the carrying out of works or activities, require the demolition or removal of the building or works; or\n\n(b) if the contravention of this Act has the effect of altering the appearance or physical nature of a place or object, or the state of land on which there is a registered place or registered object, require the restoration or reinstatement, so far as is possible, of the place or object to the condition it was in immediately before the contravention.\n\n(3) An order made under subsection (1) has effect and may be enforced as if it were an order or judgment made by the Supreme Court under the **Supreme** **Court Act 1986**.\n\nDivision 4—Infringement notices\n\n","sortOrder":235},{"sectionNumber":"218","sectionType":"section","heading":"Infringement notices—general","content":"\t218 Infringement notices—general\n\n(1) An inspector may serve an infringement notice under this section on any person that the inspector has reason to believe has committed a prescribed offence against this Act or the regulations.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) For the purposes of subsection (1), an infringement notice must be in the form required by the **Infringements Act 2006** and may contain any additional prescribed details.\n\n","sortOrder":236},{"sectionNumber":"219","sectionType":"section","heading":"Infringement notices—additional steps","content":"\t219 Infringement notices—additional steps\n\n(1) An inspector may serve an infringement notice under this section on any person that the inspector has reason to believe has committed a prescribed offence against this Act or the regulations.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) For the purposes of subsection (1), an infringement notice—\n\n(a) must be in the form required by the **Infringements Act 2006**; and\n\n(b) must include details of the additional steps (if any) required to expiate the offence; and\n\n(c) may contain any additional prescribed details.\n\n(4) Additional steps required to expiate an offence may include, but are not limited to, the following—\n\n(a) taking any action if failure to take that action constitutes the offence;\n\n(b) stopping any activity that constitutes the offence.\n\n(5) If an infringement notice requires additional steps to be taken to expiate an offence, and, before the end of the remedy period set out in the notice, or if the inspector allows, at any time before the service of a summons in respect of the offence, the person served with the notice informs the inspector that those steps have been taken—\n\n(a) the inspector must, without delay, find out whether or not those steps have been taken; and\n\n(b) serve on the person a notice stating whether or not those steps have been taken.\n\n(6) A statement in a notice under subsection (5) that additional steps have been taken is for all purposes conclusive proof of that fact.\n\nDivision 5—Evidence and legal proceedings\n\n","sortOrder":237},{"sectionNumber":"220","sectionType":"section","heading":"Service of documents","content":"\t220 Service of documents\n\n(1) A document to be served on or given to a person under this Act or the regulations may be served on or given to the person by—\n\n(a) delivering the document to the person; or\n\n(b) leaving the document at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or\n\n(c) sending the document by post addressed to the person at the person's usual or last known place of residence or business or in any other prescribed manner; or\n\n(d) by facsimile to that person at the person's usual or last known place of residence or business; or\n\n(e) by means of electronic communication in accordance with the **Electronic Transactions (Victoria) Act 2000**.\n\n(2) If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known, the document may be addressed to \"the owner\" or \"the occupier\".\n\n(3) If a document is to be served on or given to the owner or occupier of any land, the document may be displayed in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land.\n\n","sortOrder":238},{"sectionNumber":"221","sectionType":"section","heading":"Prosecutions of offences","content":"\t221 Prosecutions of offences\n\n(1) Despite anything in any Act, a proceeding for an offence under this Act may be commenced within a period of 3 years after the commission of the alleged offence.\n\n(2) This section does not apply to any indictable offence under this Act.\n\n","sortOrder":239},{"sectionNumber":"222","sectionType":"section","heading":"Persons who may prosecute","content":"\t222 Persons who may prosecute\n\n(1) A proceeding for an offence against this Act may be commenced by the Executive Director, an inspector or the Director of Public Prosecutions.\n\n(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence a proceeding.\n\n(3) All courts and tribunals must take judicial notice of the fact that any person purporting to be authorised by subsection (1) is authorised to commence a proceeding.\n\n","sortOrder":240},{"sectionNumber":"223","sectionType":"section","heading":"Certificates to be evidence","content":"\t223 Certificates to be evidence\n\nIn a proceeding for an offence against this Act or the regulations, the following certificates are evidence of the matters stated in the relevant certificate—\n\n(a) a certificate signed by the Executive Director stating that a person named in the certificate is an inspector under this Act;\n\n(b) a certificate signed by the Executive Director stating that a place or object is included in the Heritage Register;\n\n(c) a certificate signed by the Executive Director stating that a permit has not been issued under Part 5 in relation to a particular place or object;\n\n(d) a certificate signed by the Executive Director stating that no consent under section 124 has been given in a particular case;\n\n(e) a certificate signed by the Minister administering the **Conservation, Forests and** **Lands Act 1987** to the effect that any land is Crown land;\n\n(f) a certificate signed by the Executive Director to the effect that an item is an archaeological artefact;\n\n(g) in the case of a proceeding for an offence against this Act or the regulations, a certificate signed by the Executive Director stating—\n\n(i) that a place specified in a certificate  \nis a place in Victorian waters or in a specified protected zone; or\n\n(ii) that a shipwreck or shipwreck artefact is a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.\n\n","sortOrder":241},{"sectionNumber":"224","sectionType":"section","heading":"Statement of inspector is evidence","content":"\t224 Statement of inspector is evidence\n\nIn a proceeding for an offence against this Act or the underwater cultural heritage regulations, a statement of an inspector as to the following is evidence of that fact—\n\n(a) the place where an offence against this Act or the underwater cultural heritage regulations occurred;\n\n(b) the accuracy of any map, photograph or document;\n\n(c) any distance or direction or the height of any land or navigational aid calculated by the use of any mechanical, electronic or other device or means.\n\n","sortOrder":242},{"sectionNumber":"225","sectionType":"section","heading":"Possession of certain items is evidence of contravention","content":"\t225 Possession of certain items is evidence of contravention\n\n(1) Evidence that a person had possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact at a relevant place without a permit under this Act is evidence, and in the absence of evidence to the contrary, is proof, that the person took the item in contravention of this Act or the underwater cultural heritage regulations.\n\n(2) In this section—\n\n***at a relevant place*** means—\n\n(a) in or near a registered shipwreck or protected zone; or\n\n(b) in or on a vessel or vehicle on or in proximity to Victorian waters; or\n\n(c) on a jetty, dock, wharf, beach, landing or similar place or in an area next to such a place.\n\nDivision 6—Additional enforcement provisions\n\n","sortOrder":243},{"sectionNumber":"226","sectionType":"section","heading":"Scope of Division","content":"\t226 Scope of Division\n\n(1) Subject to subsection (2), this Division applies despite anything in or authorised by the **Building Act 1993** or any other Act.\n\n(2) This Act is subject to any regulation or emergency order under the **Building Act 1993** relating to the securing, pulling down or removal of dangerous buildings.\n\n","sortOrder":244},{"sectionNumber":"227","sectionType":"section","heading":"Declaration by the Governor in Council","content":"\t227 Declaration by the Governor in Council\n\n(1) This section applies if the owner of a registered place or registered object has been convicted of an offence against section 87, 88, 157 or 168.\n\n(2) The Governor in Council, by Order published in the Government Gazette, may declare that the place or object, or the place and the object to which the offence related, must not be developed, altered or used during a period not exceeding 10 years that is specified in the Order.\n\n","sortOrder":245},{"sectionNumber":"228","sectionType":"section","heading":"Effect of Governor in Council declaration","content":"\t228 Effect of Governor in Council declaration\n\n(1) While an Order under section 227 is in effect, a person must not—\n\n(a) carry out any works on the place or object; or\n\n(b) cause or permit any development of the place; or\n\n(c) alter that place or object.\n\n(2) While an Order under section 227 is in effect, any planning permit, building permit, demolition permit or any other permit or authority relating to the development or use of that place or object or the land on which a place or object may be situated (whether issued or granted before or after the making of the Order) is of no force or effect.\n\n(3) Subsection (2) applies despite any other Act.\n\nDivision 7—Miscellaneous\n\n","sortOrder":246},{"sectionNumber":"229","sectionType":"section","heading":"Powers of court with respect to contravention","content":"\t229 Powers of court with respect to contravention\n\n(1) If, in a proceeding for an offence under this Act, a person is found guilty or convicted of that offence, the court may do one or more of the following—\n\n(a) make any order that it considers appropriate to remedy or restrain the contravention that constitutes the offence;\n\n(b) order the person to do any of the following—\n\n(i) take any action specified by the court to publicise the offence, any consequences arising or resulting from the offence and any penalties imposed, or other orders made, as a result of the commission of the offence;\n\n(ii) take any action specified by the court to notify one or more persons or classes of person of the matters listed in subparagraph (i);\n\n**Example**\n\nTo publish a notice in an annual report or to distribute a notice to persons affected by the offence.\n\n(iii) carry out, or provide funding for, a specified project for the restoration or enhancement of another place or object for the public benefit, even if the project is unrelated to the offence.\n\n(2) Without limiting the powers of the court under subsection (1), an order made under that subsection may—\n\n(a) if the contravention constituting the offence comprises the construction of a building or the carrying out of works or activities, require the demolition or removal of the building or structure; or\n\n(b) if the contravention constituting the offence has the effect of altering the appearance or physical nature of a place or object, or the state of land on which there is a registered place or registered object, require the restoration or reinstatement, so far as is possible, of the place or object to the condition it was in immediately before the contravention.\n\n(3) The court may make any order under this section on the application of the Executive Director, or on its own motion.\n\n(4) In making an order, the court may specify by when specified actions must be taken and may also impose any other requirement that it considers necessary to make the order effective.\n\n(5) An order made under this section may be enforced in the court by which it was made by any means available to that court of enforcing an order made by it in a civil proceeding.\n\n(6) This section does not affect the operation of section 217.\n\n","sortOrder":247},{"sectionNumber":"230","sectionType":"section","heading":"Powers of the Executive Director with respect to contravention","content":"\t230 Powers of the Executive Director with respect to contravention\n\n(1) If a person is found in contempt of court for failing to comply with an order under section 229, the Executive Director—\n\n(a) may do anything that is necessary or expedient to carry out any action that remains to be done under the order and  \nthat it is still practicable to do; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(2) If a person fails to comply with an order made under section 229(1) or (2), the Executive Director may give the person a written notice (a ***notice of intended action***).\n\n(3) A notice of intended action must advise the person that the Executive Director intends to carry out specified actions that remain to be done under the order unless the person can, within 14 days after being given the notice, satisfy the Executive Director that the person will carry out those actions within a period of time acceptable to the Executive Director.\n\n(4) If a person who has been given a notice of intended action fails to give the Executive Director a satisfactory response within the 14 days, or fails to comply with any undertaking given to the Executive Director in response to a notice under that subsection, the Executive Director—\n\n(a) may do anything that is necessary or expedient to carry out any action that remains to be done under the order and  \nthat it is still practicable to do; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(5) Nothing in subsections (2), (3) and (4) prevents contempt of court proceedings from being started or continued against a person who has failed to comply with a court order.\n\n(6) The Executive Director may recover from a person against whom an order was made under section 229 in a court of competent jurisdiction as a debt due to the Crown any cost the Executive Director incurs in taking action under subsection (1) or (4).\n\n","sortOrder":248},{"sectionNumber":"231","sectionType":"section","heading":"Confidentiality","content":"\t231 Confidentiality\n\nAn inspector must not give to any person, whether directly or indirectly, any information gained in the exercise of the inspector's powers, except to the extent necessary—\n\n(a) to perform functions or duties or exercise powers under this Act or the regulations; or\n\n(b) in connection with the administration or enforcement of this Act or the regulations; or\n\n(c) to give any information the inspector is authorised, permitted or required to give under this Act or any other Act or the regulations under this Act.\n\nPenalty: 20 penalty units.\n\n","sortOrder":249},{"sectionNumber":"232","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—failure to exercise due diligence","content":"\t232 Criminal liability of officers of bodies corporate—failure to exercise due diligence\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following sections are specified—\n\n(a) section 43;\n\n(b) section 74(1), (2) and (3);\n\n(c) section 87(1), (2) and (3);\n\n(d) section 88(1), (2) and (3);\n\n(e) section 104;\n\n(f) section 123(1) and (2);\n\n(g) section 125;\n\n(h) section 157(1);\n\n(i) section 163;\n\n(j) section 168;\n\n(k) section 192(1).\n\n(3) In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—\n\n(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and\n\n(b) whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and\n\n(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and\n\n(d) any other relevant matter.\n\n(4) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(6) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer***  in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n","sortOrder":250},{"sectionNumber":"233","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—accessorial liability","content":"\t233 Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 59;\n\n(b) section 60(1) and (2);\n\n(c) section 64(3);\n\n(d) section 67(2);\n\n(e) section 70(1), (2) and (3);\n\n(f) section 71(3);\n\n(g) section 72(4);\n\n(h) section 73(1);\n\n(i) section 75(2);\n\n(j) section 76(1);\n\n(k) section 77(6);\n\n(l) section 78(5);\n\n(m) section 80(1), (3) and (5);\n\n(n) section 89(1), (2) and (3);\n\n(o) section 127(1) and (2);\n\n(p) section 128(3);\n\n(q) section 129(1);\n\n(r) section 147(1), (2) and (3);\n\n(s) section 197(4);\n\n(t) section 209(4) and (5).\n\n(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n(6) This section does not affect the operation of section 323 or 324 of the **Crimes Act 1958**.\n\n","sortOrder":251},{"sectionNumber":"Part 11","sectionType":"part","heading":"Heritage Fund","content":"Part 11—Heritage Fund\n\n","sortOrder":252},{"sectionNumber":"234","sectionType":"section","heading":"Heritage Fund","content":"\t234 Heritage Fund\n\n(1) There is established a fund called the Heritage Fund.\n\n(2) The Heritage Council must—\n\n(a) open and maintain any accounts with an ADI approved by the Treasurer for the purposes of the Heritage Fund; and\n\nS. 234(2)(b) amended by No. 5/2023 s. 101.\n\n(b) maintain one of those accounts for the purposes of holding any security received under section 101A.\n\n","sortOrder":253},{"sectionNumber":"235","sectionType":"section","heading":"Payments into the Heritage Fund","content":"\t235 Payments into the Heritage Fund\n\n(1) There must be paid into the Heritage Fund—\n\n(a) any fees paid under this Act; and\n\n(b) any money borrowed by the Heritage Council; and\n\n(c) any other money received by the Heritage Council.\n\n(2) The Heritage Council, with the consent of the Minister, may invest money credited to the Heritage Fund that it does not immediately require in any securities approved by the Treasurer.\n\n(3) Any interest earned on money in the Heritage Fund, including on any security held, must be credited to the Heritage Fund.\n\n","sortOrder":254},{"sectionNumber":"236","sectionType":"section","heading":"Payments out of the Heritage Fund","content":"\t236 Payments out of the Heritage Fund\n\nThe Heritage Council may pay out of the Heritage Fund any money—\n\n(a) to provide assistance generally for the conservation and management of cultural heritage; or\n\n(b) to provide assistance generally for the conservation and management of any listed place; or\n\n(c) in the making of loans and grants under this Act; or\n\n(d) in payment of any expenses incurred in the administration of this Act; or\n\n(e) in payment of remuneration and allowances payable to members of the Heritage Council and committees under this Act; or\n\n(f) in payment of money borrowed by the Heritage Council under this Act and any charges or interest on that borrowing; or\n\n(g) in payment of money standing to the credit of the Heritage Council in the acquisition of places, land or objects authorised under this Act; or\n\n(h) in any other way authorised by this Act.\n\n","sortOrder":255},{"sectionNumber":"237","sectionType":"section","heading":"Power of the Heritage Council to borrow money","content":"\t237 Power of the Heritage Council to borrow money\n\nThe Heritage Council may obtain financial accommodation subject to and in accordance with the powers conferred on it under the **Borrowing and Investment Powers Act 1987**.\n\n","sortOrder":256},{"sectionNumber":"238","sectionType":"section","heading":"Heritage Council may accept gifts","content":"\t238 Heritage Council may accept gifts\n\n(1) The Heritage Council may—\n\n(a) acquire by gift, grant, bequest or demise a registered place, registered object or the land on which a registered place is situated; and\n\n(b) agree to carry out any conditions of that gift, grant, bequest or demise.\n\n(2) A registered place, registered object or land acquired under subsection (1) is vested in the Crown.\n\n(3) In accepting a gift, grant, bequest or demise under this section, the Heritage Council must—\n\n(a) take into account the cultural heritage significance of the registered place, registered object or land; and\n\n(b) take into account any relevant requirements for the future management of the registered place, registered object or land.\n\n","sortOrder":257},{"sectionNumber":"239","sectionType":"section","heading":"Making of loans and grants from the Heritage Fund","content":"\t239 Making of loans and grants from the Heritage Fund\n\n(1) The Heritage Council may make a grant or loan from the Heritage Fund for the purposes of assisting the conservation of any part of the State's cultural heritage.\n\n(2) Without limiting subsection (1), the Heritage Council may make a grant or loan—\n\n(a) to assist the owner or government asset manager of a place or object which has been nominated for inclusion in the Heritage Register, or is a registered place or registered object, to prepare appropriate analyses and plans for the conservation of the place or object; or\n\n(b) to provide financial and other assistance to owners, government asset managers and other managers of registered places or registered objects for the purpose of conserving any part of the State's cultural heritage.\n\n(3) Subject to section 240, the Heritage Council, in making a grant or loan, may impose any conditions it considers appropriate to assist the conservation of the part of the cultural heritage in respect of which the grant or loan is made.\n\n","sortOrder":258},{"sectionNumber":"240","sectionType":"section","heading":"Rates of interest on loans made from the Heritage Fund","content":"\t240 Rates of interest on loans made from the Heritage Fund\n\nA loan made from the Heritage Fund must be at any rate of interest approved by the Treasurer in respect of that loan or generally for the purposes of this Part.\n\n","sortOrder":259},{"sectionNumber":"241","sectionType":"section","heading":"Acquisition of places by the Heritage Council","content":"\t241 Acquisition of places by the Heritage Council\n\n(1) The Heritage Council, with the consent of the Minister, may acquire a registered place or the land on which a registered place is situated by lease, purchase, exchange or compulsory acquisition for the purposes of protecting and conserving cultural heritage.\n\n(2) Subsection (1) does not apply to Crown land.\n\n(3) If a place is acquired under subsection (1), the **Land Acquisition and Compensation Act 1986** applies to this Act and for the purposes of the acquisition—\n\n(a) the **Heritage Act 2017** is the special Act; and\n\n(b) the Heritage Council is the Authority.\n\n(4) Any change in the market value of an interest in land arising from the inclusion of land or a place in the Heritage Register must be considered in determining compensation payable in respect of the acquisition of that interest.\n\n","sortOrder":260},{"sectionNumber":"242","sectionType":"section","heading":"Sale of places and objects by the Heritage Council","content":"\t242 Sale of places and objects by the Heritage Council\n\n(1) The Heritage Council, with the consent of the Minister, may do any of the following in respect of a place or object acquired under this Part—\n\n(a) sell, lease, exchange, dispose or otherwise deal with the place or object;\n\n(b) grant easements or rights of way over any land or any part of the land.\n\n(2) If acquired land is leased, the rental or other consideration fixed by the Heritage Council must produce an amount not less than the percentage the Treasurer directs in respect of that lease, or of leases of the class to which the lease belongs, of the fair market value of the property.\n\n(3) This section does not apply to an archaeological artefact, shipwreck or shipwreck artefact.\n\nPt 11A (Heading) inserted by No. 5/2023 s. 102.\n\n","sortOrder":261},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Special assistance","content":"Part 11A—Special assistance\n\n","sortOrder":262},{"sectionNumber":"243","sectionType":"section","heading":"Special assistance","content":"\t243 Special assistance\n\n(1) The Heritage Council, with the consent of the Minister, may provide special assistance to the owner of a registered place for the purpose of conserving that place.\n\n(2) If the Heritage Council decides to provide special assistance under subsection (1), it may do any of the following—\n\nS. 243(2)(a) amended by No. 16/2024 s. 58.\n\n(a) by resolution remit or defer the payment of the whole or any part of the tax payable by the owner under the **Land** **Tax Act 2005** or the **Commercial and Industrial Property Tax Reform Act 2024** that is attributable to the registered place or the land on which the registered place is situated;\n\n(b) by resolution remit or defer the payment of the whole or any part of any relevant rates payable in respect of the registered place or the land on which a registered place is situated.\n\n(3) The Heritage Council must not make a resolution—\n\n(a) under subsection (2)(a) without the consent of the Treasurer; or\n\n(b) under subsection (2)(b) without the consent of the relevant rating authority or the Minister administering the Act under which the authority is constituted.\n\n(4) If the Heritage Council by resolution remits or defers the payment of any rates or taxes under this section, the rates or taxes are remitted or deferred for the period that the Minister on the recommendation of the Heritage Council and with the approval of the Treasurer or the relevant Minister (as the case requires) may specify.\n\n(5) The Heritage Council may by resolution revoke or vary a resolution made under subsection (2) in the same manner as that resolution was made.\n\n(6) The Commissioner for State Revenue and any rating authority concerned must comply with any resolution made by the Heritage Council under this section.\n\n","sortOrder":263},{"sectionNumber":"244","sectionType":"section","heading":"Remitted taxes and rates become immediately payable on occurrence of certain events","content":"\t244 Remitted taxes and rates become immediately payable on occurrence of certain events\n\n(a) any of the following events occur—\n\n(i) a registered place is removed from the Heritage Register on the application of the owner of the place (a ***de-registration event***); or\n\n(ii) a permit under Part 5 is granted to the owner of a registered place to remove or demolish the place (a ***demolition permit event***); or\n\n(iii) a permit under Part 5 is granted to the owner of a registered place to alter the place (an ***alteration permit event***); and\n\nS. 244(1)(b) amended by No. 16/2024 s. 59(a).\n\n(b) tax or a rate has been remitted under section 243 (or any corresponding previous provision) in respect of the place or the land on which the place is situated during the 5 years preceding the occurrence of the relevant event.\n\nS. 244(2) amended by No. 16/2024 s. 59(b).\n\n(2) On the occurrence of a de-registration event or a demolition permit event, the remitted tax or rate becomes immediately payable by the owner unless the Minister, after considering a report from the Heritage Council, otherwise directs.\n\nS. 244(3) amended by No. 16/2024 s. 59(b).\n\n(3) On the occurrence of an alteration permit event, the remitted tax or rate becomes immediately payable by the owner if the Minister, after considering a report from the Heritage Council, so directs.\n\nS. 244(4) amended by No. 5/2023 s. 103.\n\n(4) The Heritage Council, in making a report to the Minister under this section which relates to a demolition permit event or alteration permit event, must consider whether the granting of the permit has resulted in a substantial increase in the value of the registered place or the land on which the registered place is situated.\n\n","sortOrder":264},{"sectionNumber":"245","sectionType":"section","heading":"Payment of deferred taxes or rates","content":"\t245 Payment of deferred taxes or rates\n\nAll rates or taxes deferred under section 243 (or any corresponding previous provision), with any interest specified by the Minister on the recommendation of the Heritage Council, become payable by the owner immediately on the expiry of the period of deferment.\n\n","sortOrder":265},{"sectionNumber":"Part 12","sectionType":"part","heading":"Hearings","content":"Part 12—Hearings\n\n","sortOrder":266},{"sectionNumber":"246","sectionType":"section","heading":"Application of Part","content":"\t246 Application of Part\n\nThis Part applies to a hearing under this Act.\n\n","sortOrder":267},{"sectionNumber":"247","sectionType":"section","heading":"Directions about hearings","content":"\t247 Directions about hearings\n\n(1) The Heritage Council may give directions in relation to—\n\n(a) the times and places of hearings; and\n\n(b) matters preliminary to hearings; and\n\nS. 247(1)(c) amended by No. 5/2023 s. 14.\n\n(c) the conduct of hearings, including the manner by which hearings are conducted, whether in person or by audio link or audio visual link.\n\n(2) The Heritage Council may refuse to hear any person who fails to comply with a direction of the Heritage Council.\n\nS. 248 substituted by No. 5/2023 s. 15.\n\n","sortOrder":268},{"sectionNumber":"248","sectionType":"section","heading":"Hearings to be public","content":"\t248 Hearings to be public\n\n(1) The Heritage Council must conduct its hearings publicly.\n\n(2) Despite subsection (1), the Heritage Council is not required to conduct a hearing, or part of a hearing, publicly if—\n\n(a) a person making a submission objects to making the submission publicly; and\n\n(b) the Heritage Council is satisfied that the submission is of a confidential nature.\n\nS. 248A inserted by No. 5/2023 s. 15.\n\n","sortOrder":269},{"sectionNumber":"248A","sectionType":"section","heading":"Hearings may be conducted in person or by audio link or audio visual link","content":"\t248A Hearings may be conducted in person or by audio link or audio visual link\n\n(1) A hearing may be conducted—\n\n(a) in person; or\n\n(b) by audio link or audio visual link.\n\n(2) For the purposes of section 248(1)—\n\n(a) a hearing that is conducted publicly by audio link must be available to be heard by members of the public by audio link—\n\n(i) while the hearing is being held; or\n\n(ii) as soon as reasonably practicable afterwards; and\n\n(b) a hearing that is conducted publicly by audio visual link must be available to be viewed and heard by members of the public by audio visual link—\n\n(i) while the hearing is being held; or\n\n(ii) as soon as reasonably practicable afterwards.\n\n","sortOrder":270},{"sectionNumber":"249","sectionType":"section","heading":"General procedure for hearings","content":"\t249 General procedure for hearings\n\n(1) In hearing submissions, the Heritage Council—\n\n(a) must act in accordance with general procedure, equity and good conscience; and\n\n(b) is bound by the rules of natural justice; and\n\n(c) is not required to conduct the hearing in a formal manner; and\n\n(d) may inform itself in any other way it sees fit without notice to any person who has made a submission.\n\n(2) The Heritage Council may hear evidence and submissions from any person this Act requires the Heritage Council to hear.\n\n(3) Submissions and evidence may be given to the Heritage Council orally or in writing or partly orally and partly in writing.\n\nS. 249(4) inserted by No. 5/2023 s. 16.\n\n(4) The Heritage Council may require a person or the person's representative to appear and be heard—\n\n(a) at a specified time; and\n\n(b) in a specified manner, being—\n\n(i) in person at a specified location; or\n\n(ii) by audio link or audio visual link.\n\n","sortOrder":271},{"sectionNumber":"250","sectionType":"section","heading":"Persons who may appear before the Heritage Council","content":"\t250 Persons who may appear before the Heritage Council\n\nA person who has a right to appear and be heard by the Heritage Council may—\n\nS. 250(a) substituted by No. 5/2023 s. 17.\n\n(a) be self‑represented; or\n\n(b) be represented by any other person.\n\nS. 251 amended by No. 5/2023 s. 18.\n\n","sortOrder":272},{"sectionNumber":"251","sectionType":"section","heading":"Failure to attend hearing","content":"\t251 Failure to attend hearing\n\nIf a person fails to attend a hearing, including attendance of a hearing by audio link or audio visual link, the Heritage Council may make a determination without hearing that person.\n\n","sortOrder":273},{"sectionNumber":"252","sectionType":"section","heading":"Heritage Council may hear submissions together","content":"\t252 Heritage Council may hear submissions together\n\nThe Heritage Council may consider 2 or more submissions together if the submissions concern the same place or object or the same or a related matter.\n\n","sortOrder":274},{"sectionNumber":"253","sectionType":"section","heading":"Adjournment of hearings","content":"\t253 Adjournment of hearings\n\nThe Heritage Council may adjourn a hearing to any times and places and for any purposes it considers necessary.\n\n","sortOrder":275},{"sectionNumber":"254","sectionType":"section","heading":"Heritage Council may regulate its own proceedings","content":"\t254 Heritage Council may regulate its own proceedings\n\nThe Heritage Council may regulate its own proceedings.\n\nPt 12A (Heading and ss 254A–254F) inserted by No. 5/2023 s. 12.\n\n","sortOrder":276},{"sectionNumber":"Part 12A","sectionType":"part","heading":"Public availability of documents","content":"Part 12A—Public availability of documents\n\nS. 254A inserted by No. 5/2023 s. 12.\n\n","sortOrder":277},{"sectionNumber":"254A","sectionType":"section","heading":"Public availability requirements","content":"\t254A Public availability requirements\n\nFor the purposes of this Act, the Heritage Council or the Executive Director makes a document available in accordance with the ***public availability requirements*** if the Heritage Council or the Executive Director makes the document available—\n\n(a) in person in accordance with the requirements set out in section 254B; or\n\n(b) both—\n\n(i) electronically in accordance with the requirements set out in section 254C; and\n\n(ii) on request in accordance with the requirements set out in section 254D.\n\nS. 254B inserted by No. 5/2023 s. 12.\n\n","sortOrder":278},{"sectionNumber":"254B","sectionType":"section","heading":"In person inspection requirements","content":"\t254B In person inspection requirements\n\n(1) For the Heritage Council, the requirements for making a document available in person are that the Heritage Council makes a document available for inspection—\n\n(a) at the Heritage Council's office; and\n\n(b) at any time during the Heritage Council's office hours; and\n\n(c) free of charge.\n\n(2) For the Executive Director, the requirements for making a document available in person are that the Executive Director makes a document available for inspection—\n\n(a) at the Department's office; and\n\n(b) at any time during the Department's office hours; and\n\n(c) free of charge.\n\nS. 254C inserted by No. 5/2023 s. 12.\n\n","sortOrder":279},{"sectionNumber":"254C","sectionType":"section","heading":"Electronic publication requirements","content":"\t254C Electronic publication requirements\n\n(1) The requirements for making a document available electronically are that the Heritage Council or Executive Director publishes and makes a document available, free of charge, on the applicable website.\n\n(2) For the purposes of subsection (1), the applicable website is—\n\n(a) for the Heritage Council, a website maintained by or on behalf of the Heritage Council; or\n\n(b) for the Executive Director—\n\n(i) if the Executive Director has published a notice specifying an address of a website at which a copy of the document is published, the website at that address; or\n\n(ii) in any other case, the Department's website.\n\nS. 254D inserted by No. 5/2023 s. 12.\n\n","sortOrder":280},{"sectionNumber":"254D","sectionType":"section","heading":"On request inspection requirements","content":"\t254D On request inspection requirements\n\n(1) For the Heritage Council, the requirements for making a document or the Heritage Register available on request are that the Heritage Council makes the document or Register available for inspection—\n\n(a) on the request of any person who wants to inspect the document or Register; and\n\n(b) at the Heritage Council's office; and\n\n(c) at a time that is—\n\n(i) agreed with the person who requests to inspect the document or Register; and\n\n(ii) during the Heritage Council's office hours; and\n\n(d) free of charge.\n\n(2) For the Executive Director, the requirements for making a document, the Heritage Register or Heritage Inventory available on request are that the Executive Director makes the document, Register or Inventory available for inspection—\n\n(a) on the request of any person who wants to inspect the document, Register or Inventory; and\n\n(b) at the Department's office; and\n\n(c) at a time that is—\n\n(i) agreed with the person who requests to inspect the document, Register or Inventory; and\n\n(ii) during the Department's office hours; and\n\n(d) free of charge.\n\nS. 254E inserted by No. 5/2023 s. 12.\n\n","sortOrder":281},{"sectionNumber":"254E","sectionType":"section","heading":"Electronic Heritage Register and Heritage Inventory requirements","content":"\t254E Electronic Heritage Register and Heritage Inventory requirements\n\n(1) The requirements for making the Heritage Register available electronically are that the Heritage Council makes—\n\n(a) the Register searchable, free of charge, on a website maintained by or on behalf of the Heritage Council; and\n\n(b) the information on the Register available, free of charge, on a website maintained by or on behalf of the Heritage Council.\n\n(2) The requirements for making the Heritage Inventory available electronically are that the Executive Director makes—\n\n(a) the Inventory searchable, free of charge, on a website maintained by or on behalf of the Department; and\n\n(b) the information on the Inventory available, free of charge, on a website maintained by or on behalf of the Department.\n\nS. 254F inserted by No. 5/2023 s. 12.\n\n","sortOrder":282},{"sectionNumber":"254F","sectionType":"section","heading":"Exception to compliance with on request inspection requirements when emergency declaration in force","content":"\t254F Exception to compliance with on request inspection requirements when emergency declaration in force\n\n(1) The Heritage Council or the Executive Director is not required to make a document, the Heritage Register or the Heritage Inventory available on request in accordance with the requirements set out in section 254B or 254D if, at the time a request to inspect a document, the Register or the Inventory is made—\n\n(a) there is an emergency declaration in force; and\n\n(b) it is not reasonably practicable for the Heritage Council or Executive Director to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.\n\n(2) In this section—\n\n***emergency declaration*** means—\n\n(a) a declaration of a state of disaster under section 23 of the **Emergency Management Act 1986**; or\n\n(b) a pandemic declaration under section 165AB of the **Public Health and Wellbeing Act 2008**; or\n\n(c) a declaration of a state of emergency under section 198 of the **Public Health and Wellbeing Act 2008**.\n\n","sortOrder":283},{"sectionNumber":"Part 13","sectionType":"part","heading":"General","content":"Part 13—General\n\n","sortOrder":284},{"sectionNumber":"255","sectionType":"section","heading":"Regulations—general","content":"\t255 Regulations—general\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) prescribing information to be included in a nomination for inclusion in the Heritage Register;\n\n(b) prescribing forms for the purposes of this Act;\n\n(c) the control and conservation of archaeological sites and archaeological artefacts;\n\n(d) the keeping of records necessary or expedient for the purposes of this Act;\n\n(e) any fees to be charged for applications for—\n\n(i) requests for reviews under this Act; and\n\n(ii) permits, consents and certificates under this Act;\n\n(f) charging fees for admission to archaeological sites;\n\n(g) applications for permits and consents and conditions on permits and consents;\n\n(h) prescribing particulars to be included in an infringement notice under Division 4 of Part 10;\n\n(i) prescribing the manner and place of payment of any penalty under Division 4 of Part 10;\n\n(j) prescribing offences against this Act or the regulations for the purposes of Division 4 of Part 10;\n\n(k) prescribing penalties not exceeding 20 penalty units for the offences prescribed under paragraph (j);\n\n(l) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances;\n\n(c) may require matters affected by the regulations to be—\n\n(i) in accordance with specified standards or specified requirements; or\n\n(ii) approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies; or\n\n(iii) as specified in both subparagraphs (i) and (ii);\n\n(d) may apply, adopt or incorporate any matter contained in any document whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time or as amended from time to time;\n\n(e) may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;\n\n(f) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person;\n\n(g) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to such an extent as is specified;\n\n(h) subject to section 256, may impose penalties not exceeding 20 penalty units for a contravention of the regulations.\n\n(3) Regulations relating to fees—\n\n(a) may prescribe different fees for different permitted or consent activities; or\n\n(b) may prescribe different fees for different classes of permit or consent holder; or\n\n(c) may exempt particular classes of people from certain fees imposed by the regulations; or\n\n(d) may authorise the Heritage Council to waive fees in particular cases or classes of cases.\n\n","sortOrder":285},{"sectionNumber":"256","sectionType":"section","heading":"Regulations—underwater cultural heritage","content":"\t256 Regulations—underwater cultural heritage\n\n(1) In addition to section 255, the Governor in Council may make regulations for or with respect to the conservation and good management of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts, historic shipwreck artefacts and protected zones including regulations for or in relation to prohibiting or restricting the following—\n\n(a) entry into or remaining in a protected zone;\n\n(b) the bringing into a protected zone of—\n\n(i) equipment constructed or adapted for the purpose of diving or salvage or recovery operations, whether on land or on or under water; or\n\n(ii) any explosives, instruments or tools the use of which would be likely to damage or interfere with a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact situated within that protected zone;\n\n(c) the use within a protected zone of any equipment, explosives, instruments or tools referred to in paragraph (b);\n\n(d) the causing of a ship or other vehicle carrying equipment, explosives, instruments or tools to enter or remain within a protected zone;\n\n(e) cultivating, mining, quarrying or other activity on or below land within a protected zone;\n\n(f) trawling, fishing, diving or other underwater activity within a protected zone;\n\n(g) the mooring or use of ships or the parking or use of vehicles within a protected zone;\n\n(h) any other activities within a protected zone which would be likely to damage or interfere with a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact within that zone.\n\n(2) Regulations made under this section may prescribe penalties not exceeding 50 penalty units for a contravention of a provision of any regulations made for the purposes of subsection (1) other than any provision in respect of underwater cultural heritage that is not a shipwreck or shipwreck artefact.\n\n(3) The provision that may be made by regulations made for the purposes of this section for or in relation to regulations restricting the doing of an act includes a provision prohibiting the doing of that act except in accordance with a permit.\n\nPart 14—Repeal, savings and transitional provisions\n\nDivision 1—Repeal of the Heritage Act 1995\n\n\t257 Repeal of the Heritage Act 1995\n\nThe **Heritage Act 1995** is **repealed**.\n\nDivision 2—Savings and transitional provisions\n\n","sortOrder":286},{"sectionNumber":"258","sectionType":"section","heading":"Definitions","content":"\t258 Definitions\n\n***commencement day*** means the day on which section 257 comes into operation;\n\n***old Act*** means the **Heritage Act 1995**;\n\n***old Heritage Council*** means the Heritage Council established under Part 2 of the old Act;\n\n***old Heritage Fund*** means the Heritage Fund established under Part 7 of the old Act;\n\n***old Heritage Inventory*** means the Heritage Inventory established under Part 6 of the old Act;\n\n***old Heritage Register*** means the Victorian Heritage Register established under Part 3 of the old Act;\n\n","sortOrder":287},{"sectionNumber":"259","sectionType":"section","heading":"General transitional provisions","content":"\t259 General transitional provisions\n\n(1) This Part does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) If this Part provides that a provision of an Act continues to apply to any matter or thing, then any regulation or other instrument having effect under that Act for the purposes of that provision also continues to apply to that matter or thing.\n\n(3) If, by virtue of this Part, a provision of an Act or a regulation or instrument continues to apply to a matter or thing, it continues to apply as in effect immediately before the provision was repealed or revoked.\n\n(4) This Part applies despite anything to the contrary in any other provision of this Act.\n\n","sortOrder":288},{"sectionNumber":"260","sectionType":"section","heading":"Heritage Council","content":"\t260 Heritage Council\n\n(a) the old Heritage Council is taken to be the Heritage Council established under Division 1 of Part 2 of this Act; and\n\n(b) a person appointed as a member of the old Heritage Council under section 7 of the old Act and whose appointment is in effect immediately before that day is taken to be appointed as a member of the Heritage Council under section 10 of this Act; and\n\n(c) a person appointed as an alternate member of the Heritage Council under clause 5 of Schedule 1 to the old Act and whose appointment is in effect immediately before that day is taken to be appointed as an alternate member of the Heritage Council under clause 4 of Schedule 1 to this Act.\n\n","sortOrder":289},{"sectionNumber":"261","sectionType":"section","heading":"Committees","content":"\t261 Committees\n\n(a) a committee appointed under section 9 of the old Act that is in effect immediately before that day is taken to be a committee established under section 13 of this Act; and\n\n(b) a person appointed to a committee appointed under section 9 of the old Act and whose appointment is in effect immediately before that day is taken to be appointed to that committee under section 13 of this Act.\n\n","sortOrder":290},{"sectionNumber":"262","sectionType":"section","heading":"Executive Director","content":"\t262 Executive Director\n\nOn the commencement day, the Executive Director employed under Part 2 of the old Act and whose employment is in effect immediately before that day is taken to be the Executive Director employed under section 18 of this Act.\n\n","sortOrder":291},{"sectionNumber":"263","sectionType":"section","heading":"Heritage Register","content":"\t263 Heritage Register\n\n(a) the old Heritage Register is taken to be the Heritage Register established under Division 1 of Part 3 of this Act; and\n\n(b) a place recorded in the old Heritage Register as a heritage place is taken to be recorded in the Heritage Register as a registered place; and\n\n(c) an object recorded in the old Heritage Register as a heritage object is taken to be recorded in the Heritage Register as a registered object; and\n\n(d) a place recorded in the old Heritage Register as a place included in the World Heritage List is taken to be recorded in the Heritage Register as a place included in the World Heritage List; and\n\n(e) a place recorded in the old Heritage Register as an archaeological place is taken to be recorded in the Heritage Register as a registered archaeological place; and\n\n(f) an object recorded in the old Heritage Register as an archaeological relic is taken to be recorded in the Heritage Register as a registered archaeological artefact; and\n\n(g) a place recorded in the old Heritage Register as a historic shipwreck is taken to be recorded in the Heritage Register as a registered shipwreck; and\n\n(h) an object recorded in the old Heritage Register as a historic shipwreck relic is taken to be recorded in the Heritage Register as a registered shipwreck artefact; and\n\n(i) a place recorded in the old Heritage Register as a protected zone is taken to be recorded in the Heritage Register as a protected zone.\n\n","sortOrder":292},{"sectionNumber":"264","sectionType":"section","heading":"Nominations in respect of which recommendations have not been made","content":"\t264 Nominations in respect of which recommendations have not been made\n\n(a) a nomination made under section 23 of the old Act in respect of which the Executive Director has not made a recommendation under section 32 of that Act before that day is taken to be a nomination under section 27 of this Act; and\n\n(b) a nomination made under section 26 of the old Act in respect of which the Executive Director has not made a recommendation under section 32 of that Act before that day is taken to be a nomination under section 31 of this Act; and\n\n(c) a nomination made under section 27 of the old Act in respect of which the Executive Director has not made a recommendation under section 32 of that Act before that day is taken to be a nomination under section 32 of this Act.\n\n","sortOrder":293},{"sectionNumber":"265","sectionType":"section","heading":"Nominations in respect of which recommendations have been made","content":"\t265 Nominations in respect of which recommendations have been made\n\n(1) This section applies if a recommendation has been made under section 32 of the old Act but the Heritage Council has not made a decision under section 42 of that Act in respect of the recommendation before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the recommendation as if the old Act had not been repealed.\n\n(3) However, this Act applies to a decision of the Heritage Council as if it were a determination of the Heritage Council under section 49 of this Act, and the item is taken to be the applicable item in section 263.\n\n","sortOrder":294},{"sectionNumber":"266","sectionType":"section","heading":"Decisions of the Heritage Council","content":"\t266 Decisions of the Heritage Council\n\nOn the commencement day a decision under section 42 of the old Act that is in effect immediately before that day is taken to be a determination under section 49 of this Act.\n\n","sortOrder":295},{"sectionNumber":"267","sectionType":"section","heading":"Heritage certificates","content":"\t267 Heritage certificates\n\n(a) an application under section 50 of the old Act in respect of which the Executive Director has not made a decision under that section before that day is taken to be an application under section 58 of this Act; and\n\n(b) a certificate under section 50 of the old Act that is in effect immediately before that day is taken to be a heritage certificate under section 58 of this Act.\n\n","sortOrder":296},{"sectionNumber":"268","sectionType":"section","heading":"Exemptions for liturgical purposes","content":"\t268 Exemptions for liturgical purposes\n\nOn the commencement day, a notice given to the Heritage Council in accordance with section 65 that is in effect immediately before that day is taken to be a notice under section 90 of this Act.\n\n","sortOrder":297},{"sectionNumber":"269","sectionType":"section","heading":"Other exemptions from permits","content":"\t269 Other exemptions from permits\n\nOn the commencement day, a determination made under section 66 of the old Act that is in effect immediately before that day is taken to be a determination under section 92 of this Act.\n\n","sortOrder":298},{"sectionNumber":"270","sectionType":"section","heading":"Permit applications in respect of which determinations have not been made","content":"\t270 Permit applications in respect of which determinations have not been made\n\n(1) This section applies if a permit application has been made under section 67 of the old Act but the Executive Director has not made a determination under section 74 of that Act in respect of the application before that day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the permit application as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Heritage Council as if it were a determination of the Executive Director under section 101 of this Act.\n\n","sortOrder":299},{"sectionNumber":"271","sectionType":"section","heading":"Permits","content":"\t271 Permits\n\nOn the commencement day, a permit issued under section 74 of the old Act that is in effect immediately before that day is taken to be a permit issued under section 102 of this Act.\n\n","sortOrder":300},{"sectionNumber":"272","sectionType":"section","heading":"Appeals to the Heritage Council in respect of which determinations have not been made","content":"\t272 Appeals to the Heritage Council in respect of which determinations have not been made\n\n(1) This section applies if an appeal has been lodged under section 75 of the old Act but the Heritage Council has not made a determination under section 76 of that Act in respect of the appeal before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the appeal as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Heritage Council as if it were a determination of the Heritage Council under section 108 of this Act.\n\n","sortOrder":301},{"sectionNumber":"273","sectionType":"section","heading":"Determinations of the Heritage Council in respect of appeals","content":"\t273 Determinations of the Heritage Council in respect of appeals\n\nOn the commencement day, a permit issued under section 76 of the old Act that is in effect immediately before that day is taken to be a permit issued under section 108 of this Act.\n\n","sortOrder":302},{"sectionNumber":"274","sectionType":"section","heading":"Matters called in or referred to VCAT","content":"\t274 Matters called in or referred to VCAT\n\n(1) This section applies if an appeal to the Heritage Council has been referred to—\n\n(a) the Minister under section 78 of the old Act but the Minister has not made a determination under section 80 or 81 of that Act in respect of the appeal before the commencement day; or\n\n(b) VCAT under section 78 of the old Act for review of the determination the subject of the appeal but VCAT has not made an order under section 79 of that Act in respect of the determination before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the appeal as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Minister or an order of VCAT as if it were a determination under section 114 of this Act or an order under section 111 of this Act, as the case requires.\n\n","sortOrder":303},{"sectionNumber":"275","sectionType":"section","heading":"Covenants","content":"\t275 Covenants\n\nOn the commencement day, a covenant entered into by a land owner with the Heritage Council or the National Trust under Division 2 of Part 4 of the old Act that is in effect immediately before that day is taken to be a covenant entered into under Part 7 of this Act.\n\n","sortOrder":304},{"sectionNumber":"276","sectionType":"section","heading":"Recommendations relating to remains of ships and articles in respect of which determinations have not been made","content":"\t276 Recommendations relating to remains of ships and articles in respect of which determinations have not been made\n\n(1) This section applies if a recommendation has been made under section 97 of the old Act but the Heritage Council has not made a determination under section 98 of that Act in respect of the recommendation before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the recommendation as if the old Act has not been repealed.\n\n(3) However, this Act applies to a determination of the Heritage Council as if it were a determination of the Heritage Council under section 49 of this Act, and the item is taken to be the applicable item in section 263.\n\n","sortOrder":305},{"sectionNumber":"277","sectionType":"section","heading":"Determinations relating to remains of ships and articles","content":"\t277 Determinations relating to remains of ships and articles\n\nOn the commencement day, a determination made under section 98 of the old Act that is in effect immediately before that day is taken to be a determination under section 49 of this Act.\n\n","sortOrder":306},{"sectionNumber":"278","sectionType":"section","heading":"Provisional registration","content":"\t278 Provisional registration\n\nOn the commencement day, a determination made under section 102 of the old Act that is in effect immediately before that day is taken to be determination under section 68 of this Act.\n\n","sortOrder":307},{"sectionNumber":"279","sectionType":"section","heading":"Recommendations for protected zones in respect of which determinations have not been made","content":"\t279 Recommendations for protected zones in respect of which determinations have not been made\n\n(1) This section applies if a recommendation has been made under section 103 of the old Act but the Heritage Council has not made a determination under that section in respect of the recommendation before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the recommendation as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Heritage Council as if it were a determination of the Heritage Council under section 49 of this Act, and the item is taken to be the applicable item in section 263.\n\n","sortOrder":308},{"sectionNumber":"280","sectionType":"section","heading":"Protected zones","content":"\t280 Protected zones\n\nOn the commencement day, a determination made under section 103 of the old Act that is in effect immediately before that day is taken to be a determination under section 49 of this Act.\n\n","sortOrder":309},{"sectionNumber":"281","sectionType":"section","heading":"Permit applications relating to shipwrecks in respect of which determinations have not been made","content":"\t281 Permit applications relating to shipwrecks in respect of which determinations have not been made\n\n(1) This section applies if a permit application has been made under section 113 of the old Act but the Executive Director has not made a determination under that section in respect of the application before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the application as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Executive Director as if it were a determination of the Executive Director under section 77 of this Act.\n\n","sortOrder":310},{"sectionNumber":"282","sectionType":"section","heading":"Permits relating to shipwrecks","content":"\t282 Permits relating to shipwrecks\n\nOn the commencement day, a permit granted under section 113 of the old Act that is in effect immediately before that day is taken to be a permit under section 77 of this Act.\n\n","sortOrder":311},{"sectionNumber":"283","sectionType":"section","heading":"Notice of discovery of shipwrecks and articles","content":"\t283 Notice of discovery of shipwrecks and articles\n\nA notice given to the Executive Director in relation to the remains of a ship, or of part of a ship, or an article associated with a ship in accordance with section 115 of the old Act that is in effect immediately before the commencement day is taken to be a notice given to the Executive Director in relation to a shipwreck or shipwreck artefact under section 80 of this Act.\n\n","sortOrder":312},{"sectionNumber":"284","sectionType":"section","heading":"Permits for the use of historic shipwreck relics","content":"\t284 Permits for the use of historic shipwreck relics\n\n(1) This section applies if a permit application has been made under section 118A of the old Act but the Executive Director has not made a decision under that section in respect of the application before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the application as if the old Act has not been repealed.\n\n(3) However, this Act applies to a decision of the Executive Director as if it were a determination of the Executive Director under section 78 of this Act.\n\n","sortOrder":313},{"sectionNumber":"285","sectionType":"section","heading":"Heritage Inventory","content":"\t285 Heritage Inventory\n\nOn the commencement day, the old Heritage Inventory is taken to be the Heritage Inventory established under Division 1 of Part 6 of this Act.\n\n","sortOrder":314},{"sectionNumber":"286","sectionType":"section","heading":"Permits for the use of archaeological relics","content":"\t286 Permits for the use of archaeological relics\n\nOn the commencement day, a permit granted under section 126A of the old Act that is in effect immediately before that day is taken to be a permit issued under section 102 of this Act.\n\n","sortOrder":315},{"sectionNumber":"287","sectionType":"section","heading":"Consent applications in respect of which determinations have not been made","content":"\t287 Consent applications in respect of which determinations have not been made\n\n(1) This section applies if a consent application has been made under section 129 of the old Act but the Executive Director has not made a determination under that section in respect of the application before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the application as if the old Act had not been repealed.\n\n(3) However, this Act applies to a determination of the Executive Director as if it were a determination of the Executive Director under section 124 of this Act.\n\n","sortOrder":316},{"sectionNumber":"288","sectionType":"section","heading":"Consents","content":"\t288 Consents\n\nOn the commencement day, a consent issued under section 129 of the old Act that is in force immediately before that day is taken to be a consent under section 124 of this Act.\n\n","sortOrder":317},{"sectionNumber":"289","sectionType":"section","heading":"Orders for the carrying out of works","content":"\t289 Orders for the carrying out of works\n\nAn order made under section 162 of the old Act that is in effect immediately before the commencement day is taken to be a repair order under section 155 of this Act.\n\n","sortOrder":318},{"sectionNumber":"290","sectionType":"section","heading":"Reviews of orders to carry out works","content":"\t290 Reviews of orders to carry out works\n\n(1) This section applies if an application for review has been made under section 163 of the old Act but VCAT has not made an order under that section in respect of the application before the commencement day.\n\n(2) Despite the repeal of the old Act, on and after the commencement day, the old Act continues to apply to the review as if the old Act had not been repealed.\n\n(3) However, this Act applies to an order of VCAT as if it were an order of VCAT under section 156 of this Act.\n\n","sortOrder":319},{"sectionNumber":"291","sectionType":"section","heading":"Heritage Fund","content":"\t291 Heritage Fund\n\nOn the commencement day, the old Heritage Fund is taken to be the Heritage Fund established under Part 11 of this Act.\n\n","sortOrder":320},{"sectionNumber":"292","sectionType":"section","heading":"Inspectors","content":"\t292 Inspectors\n\nOn the commencement day, any inspector appointed under Part 8 of the old Act and whose appointment is in effect immediately before that day is taken to be an inspector appointed under Part 10 of this Act.\n\n","sortOrder":321},{"sectionNumber":"293","sectionType":"section","heading":"Governor in Council declarations","content":"\t293 Governor in Council declarations\n\nOn the commencement day, a declaration made by the Governor in Council under section 182 of the old Act that is in effect immediately before that day is taken to be a declaration under section 227 of this Act.\n\nPt 14 Div. 3 (Heading and new ss 294–305) inserted by No. 5/2023 s. 104.\n\nDivision 3—Transitional provisions—Heritage Amendment Act 2023\n\nS. 294 expired by force of No. 7/2017 s. 294(5). new s. 294 inserted by No. 5/2023 s. 104.\n\n","sortOrder":322},{"sectionNumber":"294","sectionType":"section","heading":"Interpretation","content":"\t294 Interpretation\n\n***amending Act*** means the **Heritage Amendment Act 2023**.\n\nNew s. 295 inserted by No. 5/2023 s. 104.\n\n","sortOrder":323},{"sectionNumber":"295","sectionType":"section","heading":"Previous nominations of objects integral to places and of additional land","content":"\t295 Previous nominations of objects integral to places and of additional land\n\nOn the commencement of section 32 of the amending Act—\n\n(a) a reference in this Act to a nomination under section 27A is taken to include a reference to a nomination under section 31 before its repeal; and\n\n(b) a reference in this Act to a nomination under section 27B is taken to include a reference to a nomination under section 32 before its repeal.\n\nNew s. 296 inserted by No. 5/2023 s. 104.\n\n","sortOrder":324},{"sectionNumber":"296","sectionType":"section","heading":"Nomination of place or object, objects integral to places and of additional land","content":"\t296 Nomination of place or object, objects integral to places and of additional land\n\n(1) This section applies to a nomination of a place or object under section 27, an object under section 31, or additional land under section 32, for inclusion in the Heritage Register that—\n\n(a) was made before the commencement of section 32 of the amending Act; and\n\n(b) had not been finally determined as at the commencement of section 32 of the amending Act.\n\n(2) The nomination is to be considered and determined as follows—\n\n(a) if the Executive Director had made a recommendation under section 37 before the commencement of section 32 of the amending Act—in accordance with this Act as in force immediately before the commencement of section 32 of the amending Act; or\n\n(b) if the Executive Director had not made a recommendation under section 37 before the commencement of section 32 of the amending Act—in accordance with this Act as amended by Part 4 of the amending Act.\n\nNew s. 297 inserted by No. 5/2023 s. 104.\n\n","sortOrder":325},{"sectionNumber":"297","sectionType":"section","heading":"Offences","content":"\t297 Offences\n\n(1) Section 43, as amended by section 43 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 43 of the amending Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 43 of the amending Act, the offence is alleged to have been committed before that commencement.\n\n(3) Section 87, as amended by section 57 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 57 of the amending Act.\n\n(4) For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 57 of the amending Act, the offence is alleged to have been committed before that commencement.\n\n(5) Section 88, as amended by section 58 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 58 of the amending Act.\n\n(6) For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 58 of the amending Act, the offence is alleged to have been committed before that commencement.\n\n(7) Section 89, as amended by section 59 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 59 of the amending Act.\n\n(8) For the purposes of subsection (7), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 59 of the amending Act, the offence is alleged to have been committed before that commencement.\n\nNew s. 298 inserted by No. 5/2023 s. 104.\n\n","sortOrder":326},{"sectionNumber":"298","sectionType":"section","heading":"Exemption for alterations for purposes of religious services or rites","content":"\t298 Exemption for alterations for purposes of religious services or rites\n\nIf the owner of a place or object has given notice in accordance with section 90 of this Act before the commencement of section 60 of the amending Act and the proposed alteration has not yet been completed, the alteration may be completed in accordance with this Act as in force immediately before the commencement of section 60 of the amending Act.\n\nNew s. 299 inserted by No. 5/2023 s. 104.\n\n","sortOrder":327},{"sectionNumber":"299","sectionType":"section","heading":"Permits","content":"\t299 Permits\n\n(1) This section applies to a permit application that—\n\n(a) was made before the commencement of Part 4 of the amending Act; and\n\n(b) had not been finally determined as at the commencement of Part 4 of the amending Act.\n\n(2) The permit application is to be considered and determined in accordance with this Act as in force immediately before the commencement of Part 4 of the amending Act.\n\nNew s. 300 inserted by No. 5/2023 s. 104.\n\n","sortOrder":328},{"sectionNumber":"300","sectionType":"section","heading":"Securities","content":"\t300 Securities\n\nOn the commencement of section 74 of the amending Act—\n\n(a) a security given under section 103 before its repeal is taken to be a security given under section 101A; and\n\n(b) section 101A applies to any security given under section 103 before its repeal as if the security had been given under section 101A.\n\nNew s. 301 inserted by No. 5/2023 s. 104.\n\n","sortOrder":329},{"sectionNumber":"301","sectionType":"section","heading":"Determination by the Executive Director as to archaeological value","content":"\t301 Determination by the Executive Director as to archaeological value\n\nSection 118A, as inserted by section 84 of the amending Act, applies in respect of a site card under section 127 that is provided to the Executive Director on or after the commencement of section 84 of the amending Act.\n\nNew s. 302 inserted by No. 5/2023 s. 104.\n\n","sortOrder":330},{"sectionNumber":"302","sectionType":"section","heading":"Consent applications","content":"\t302 Consent applications\n\n(1) The amendments made to section 124 by section 89 of the amending Act apply only to an application made on or after the commencement of section 89 of the amending Act.\n\n(2) Sections 124A, 124B and 124C, as inserted by section 90 of the amending Act, apply with respect to a consent issued under section 124 whether that consent was issued before or after the commencement of section 90 of the amending Act.\n\n(3) The amendments made to section 126 by section 92 of the amending Act apply only to a request made on or after the commencement of section 92 of the amending Act.\n\nNew s. 303 inserted by No. 5/2023 s. 104.\n\n","sortOrder":331},{"sectionNumber":"303","sectionType":"section","heading":"Land owner must apply for recording of covenant or agreement","content":"\t303 Land owner must apply for recording of covenant or agreement\n\nSection 139A, as inserted by section 96 of the amending Act, applies only to a covenant or agreement entered into on or after the commencement of section 96 of the amending Act.\n\nNew s. 304 inserted by No. 5/2023 s. 104.\n\n","sortOrder":332},{"sectionNumber":"304","sectionType":"section","heading":"Repair orders","content":"\t304 Repair orders\n\n(1) The amendments made to section 154 by section 97 of the amending Act apply only in respect of a notice that is served on or after the commencement of section 97 of the amending Act.\n\n(2) The amendments made to section 155 by section 98 of the amending Act apply only in respect of a notice under section 154 that is served on or after the commencement of section 98 of the amending Act.\n\n(3) The amendments made to section 159 by section 99 of the amending Act apply only in respect of a repair order that is served on or after the commencement of section 99 of the amending Act.\n\nNew s. 305 inserted by No. 5/2023 s. 104.\n\n","sortOrder":333},{"sectionNumber":"305","sectionType":"section","heading":"Publication and inspection requirements","content":"\t305 Publication and inspection requirements\n\nSections 171 and 184, as in force immediately before the commencement of Part 2 of the amending Act, continue to apply in respect of any draft World Heritage Strategy Plan or draft World Heritage Management Plan (as the case requires) required to be made available for inspection free of charge if the Plan is required to be made available for a period—\n\n(a) that begins before that commencement; and\n\n(b) that ends after that commencement.\n\nNew s. 306 inserted by No. 5/2023 s. 24.\n\n","sortOrder":334},{"sectionNumber":"306","sectionType":"section","heading":"Exclusion determinations","content":"\t306 Exclusion determinations\n\n(1) This section applies to a nomination of a place or object or a part of a place or object for inclusion in the Heritage Register if—\n\n(a) the nomination was made before the commencement of Part 3 of the **Heritage Amendment Act 2023**; and\n\n(b) an application is made for an exclusion determination in relation to the place or object, for an exclusion determination that covers all or any of the place or object; and\n\n(c) on the day of the application for the exclusion determination (the ***application day***), a recommendation under section 37 had not been made in relation to the nomination.\n\n(2) The nomination of the place or object or the part of the place or object for inclusion in the Heritage Register is taken to be withdrawn, on and from the application day, to the extent that it overlaps with the application for the exclusion determination.\n\n(3) In deciding under section 36C whether or not to make an exclusion determination in relation to the place or object, the Executive Director must have regard to any information provided in relation to the nomination of the place or object for inclusion in the Heritage Register.\n\nPt 15 (Heading and ss 295–309) repealed by No. 7/2017 s. 309.\n\nSchedule 1—Further heritage administration\n\nDivision 1—Membership and procedure\n\n\t1 Chairperson and Deputy Chairperson\n\n(1) The Minister must appoint one of the members of the Heritage Council as the Chairperson of the Heritage Council.\n\n(2) The Minister must appoint one of the members of the Heritage Council as the Deputy Chairperson of the Heritage Council.\n\n(3) If the Chairperson is absent or unable to perform their functions, the Deputy Chairperson must act as Chairperson and, while acting, has all the functions, duties and powers of the Chairperson.\n\n\t2 Terms of appointment of members of the Heritage Council\n\n(1) A member of the Heritage Council holds office for a period of up to 3 years specified in the member's instrument of appointment.\n\n(2) A member of the Heritage Council is eligible for re-appointment.\n\n(3) The instrument of appointment of a member of the Heritage Council may specify terms and conditions of appointment.\n\n(4) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Heritage Council in respect of the office of that member.\n\n\t3 Resignation and removal of members of the Heritage Council\n\n(1) A member of the Heritage Council may resign from office by giving written notice to the Governor in Council.\n\n(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Heritage Council from office and appoint another person in their place.\n\n\t4 Alternate members of the Heritage Council\n\n(1) The Governor in Council, on the recommendation of the Minister, may appoint an alternate member for a member of the Heritage Council.\n\n(2) An alternate member must be appointed in the same manner as the member of the Heritage Council for whom the person is the alternate member.\n\n(3) An alternate member may act in place of the member of the Heritage Council for whom the person is the alternate member if—\n\n(a) the member is absent or unable to perform the duties of office; or\n\n(b) the member and the alternate member agree that the alternate member is to act in the member's place; or\n\n(c) the member's position is vacant.\n\n(4) If subclause (3)(c) applies, the alternate member must not act in that position for more than 6 months.\n\n(5) An alternate member has all the functions, duties and powers of a member of the Heritage Council when acting in the place of the member.\n\n\t5 Terms of appointment for alternate members of the Heritage Council\n\n(1) An alternate member of the Heritage Council holds office for a period of up to 3 years specified in their instrument of appointment.\n\nSch. 1 cl. 5(2) amended by No. 13/2024 s. 3(Sch. 1 item 8).\n\n(2) An alternate member is eligible for re‑appointment.\n\n(3) An alternate member may resign from office by giving written notice to the Governor in Council.\n\n(4) The Governor in Council, on the recommendation of the Minister, may at any time remove an alternate member from office and appoint another person in their place.\n\nDivision 2—Meetings\n\n\t6 Procedure at Heritage Council meetings\n\n(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Heritage Council.\n\n(2) If the Chairperson and the Deputy Chairperson are absent, the members of the Heritage Council present may elect a member to preside at a meeting.\n\n(3) At a meeting of the Heritage Council, a majority of members present at the meeting constitutes a quorum.\n\n(4) A question arising at a meeting of the Heritage Council must be determined by a majority of votes of members present and voting on that question.\n\n(5) In the event of an equality of votes on any question arising at a meeting of the Heritage Council, the person presiding at the meeting has a deliberative vote and a second or casting vote.\n\n(6) An act or decision of the Heritage Council is not invalid merely because of a defect or irregularity in connection with the qualification or appointment of a member of the Heritage Council or, in the case of a person qualified or appointed to act as an alternate member, because the occasion for the person acting as an alternate member had not arisen or had ceased.\n\n(7) Subject to this Act, the Heritage Council may regulate its own proceedings.\n\n\t7 Minutes of meetings\n\nThe Heritage Council must keep minutes of the proceedings and decisions of each of its meetings.\n\nDivision 3—Operations\n\n\t8 Procedure at committee meetings\n\n(1) A quorum of a committee is constituted by 3 members of the Heritage Council.\n\n(2) The Heritage Council must appoint one of its members as Chairperson of the committee who must preside at all meetings of the committee at which the Chairperson is present.\n\n(3) If the Chairperson is not present, the members present must elect another member of the committee who is also a member of the Heritage Council to preside at the meeting.\n\n(4) Subject to this Act, a committee may regulate its own proceedings.\n\n","sortOrder":335},{"sectionNumber":"9","sectionType":"section","heading":"Corporate plan","content":"\t9 Corporate plan\n\n(1) The Heritage Council must prepare a corporate plan for each financial year.\n\n(2) The Heritage Council must give a copy of a proposed corporate plan to the Minister on or before 31 May in each year, or by another date specified by the Minister.\n\n(3) The proposed corporate plan must include—\n\n(a) the Heritage Council's objectives and priorities over the next financial year; and\n\n(b) the main undertakings of the Heritage Council; and\n\n(c) the nature and scope of the activities to be undertaken by the Heritage Council; and\n\n(d) estimates of the Heritage Council's revenue and expenditures and overall financial position for each of the next 3 financial years, and for the end of that period; and\n\n(e) the performance targets and other measures by which the performance of the Heritage Council may be assessed in relation to its stated objectives; and\n\n(f) such other matters as may be agreed on by the Minister and the Heritage Council.\n\n(4) The Minister may specify—\n\n(a) the type and format of the information required to be included in a proposed corporate plan under subclause (3)(d); and\n\n(b) the kind of information to be provided to the Minister by the Heritage Council during the course of each of the next 3 financial years, including the information to be included in each report of operations under the **Financial Management Act 1994**.\n\n(5) The Heritage Council must consider any comments on a proposed corporate plan made by the Minister within one month of the plan being provided to the Minister under subclause (2).\n\n(6) The Heritage Council must—\n\n(a) consult in good faith with the Minister following any comments made by the Minister in respect of a proposed corporate plan; and\n\n(b) make any changes to the plan as are agreed between the Minister and the Heritage Council; and\n\n(c) give the completed plan to the Minister for approval within 3 months of giving the proposed plan to the Minister.\n\n(7) An approved corporate plan may be amended at any time by agreement of the Heritage Council and the Minister.\n\n\t10 Public availability of corporate plan\n\n(1) The Heritage Council must publish a copy of its current corporate plan on its website.\n\n(2) The Heritage Council must ensure that the corporate plan is included in its report of operations under the **Financial Management Act 1994**.\n\n\t11 Changes to corporate plan at the direction of the Minister\n\n(1) The Minister, by written notice to the Heritage Council, may direct the Heritage Council to include any specified matters in or omit any specified matters from a corporate plan.\n\n(2) Before giving the direction under subclause (1) the Minister must consult with the Heritage Council as to the matters to be referred to in the notice.\n\n(3) The Heritage Council must comply with a direction under this clause.\n\n\t12 Report of operations\n\nThe Heritage Council must ensure that its report of operations under the **Financial Management Act 1994** includes—\n\n(a) the performance of its functions under this Act, including its performance in relation to the objectives and priorities set out in its current corporate plan; and\n\n(b) a report on the state of Victoria's cultural heritage; and\n\n(c) any other information required by the Minister.\n\nDivision 4—Miscellaneous\n\n\t13 Fees and allowances for members, alternate members and committee members of the Heritage Council\n\n(1) A member or alternate member of the Heritage Council is entitled to receive the fees, travelling and other allowances fixed by the Minister in respect of the member.\n\n(2) A committee member of the Heritage Council is entitled to receive the fees, travelling and other allowances approved by the Minister in respect of the member.\n\n\t14 Disclosure of interests\n\n(1) A person to whom this clause applies must disclose at a meeting of the Heritage Council the nature of any direct or indirect pecuniary interest in—\n\n(a) a contract or proposed contract with the Heritage Council; or\n\n(b) a matter being considered or proposed to be considered by the Heritage Council.\n\n(2) A disclosure made under subclause (1) must be made as soon as practicable after the relevant facts have come to the person's knowledge.\n\n(3) A person who makes a disclosure must not—\n\n(a) take any further part in any consideration or discussion of the contract, proposed contract or other matter; or\n\n(b) take part in any vote on the contract, proposed contract or other matter; or\n\n(c) be counted for the purposes of a quorum.\n\n(4) A person who makes a full and accurate disclosure under subclause (1) and complies with subclause (3)(a) and (b) is not in breach of any duty owed by the person to the Heritage Council by reason of the person's pecuniary interest in the contract, proposed contract or other matter in respect of which the disclosure was made.\n\n(5) A disclosure must be recorded in the minutes of the meeting at which it is made.\n\n(6) This clause does not apply to a pecuniary interest which is held as a member in common with other members of a company which has at least 20 members.\n\n(7) In this clause—\n\n***a person to whom this clause applies*** means—\n\n(a) a member of the Heritage Council; or\n\n(b) a member of a committee of the Heritage Council; or\n\n(c) the Executive Director.\n\n\t15 No pecuniary interest in certain circumstances\n\nA member of the Heritage Council does not have any direct or indirect pecuniary interest by reason only of the fact that—\n\n(a) the member has been appointed from a list of names submitted by a body; and\n\n(b) that body has a direct or indirect pecuniary interest in a place or object which is the subject of a contract or proposed contract with the Heritage Council or in any other matter being considered or proposed to be considered by the Heritage Council.\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 9 November 2016*\n\n*Legislative Council: 24 November 2016*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to re-enact with amendments the **Heritage Act 1995** to provide for the protection and conservation of places and objects of cultural heritage significance, to establish a Victorian Heritage Register and a Heritage Inventory, to establish a Heritage Council, to create offences and other enforcement measures to protect and conserve cultural heritage and to establish a Heritage Fund and for other purposes.\"\n\nThe **Heritage Act 2017** was assented to on 15 March 2017 and came into operation on 1 November 2017: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Heritage Act 2017** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Heritage Act 2017, No. 7/2017**\n\n| Assent Date: | 15.3.17 |\n| Commencement Date: | Ss 294(5), 309 on 1.11.17: s. 2(2) |\n| Note: | S. 309 repealed Pt 15 (ss 295–309) on 1.11.18; s. 294(5) provided that s. 294 expired on 1.11.19 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 53) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**Heritage Amendment Act 2023, No. 5/2023**\n\n| Assent Date: | 28.3.23 |\n| Commencement Date: | Ss 4–104 on 1.2.24: s. 2(2) |\n\n**Statute Law Revision Act 2024, No. 13/2024**\n\n| Assent Date: | 23.4.24 |\n| Commencement Date: | S. 3(Sch. 1 item 8) on 24.4.24: s. 2 |\n\n**Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024**\n\n| Assent Date: | 21.5.24 |\n| Commencement Date: | Ss 58, 59 on 1.7.24: s. 2 |\n\n**Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025**\n\n| Assent Date: | 13.11.25 |\n| Commencement Date: | Ss 75, 76 on 14.11.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":336}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":815},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2017 form. The 2023 Heritage Amendment Act (No. 5/2023) introduced major new mechanisms including: 'exclusion determinations' allowing owners to proactively seek decisions that their property won't be heritage-listed; new nomination categories for 'objects integral to places' and 'additional land'; enhanced public availability requirements with electronic publication mandates; modified permit processes with security requirements; and expanded hearing procedures including audio/visual links. The 2024 Commercial and Industrial Property Tax Reform Act further expanded the Heritage Fund's special assistance powers to include the new property tax system. These amendments reflect a shift toward more proactive, flexible heritage management rather than purely reactive protection."},"complexity_factors":["Extensive cross-referencing between Parts — permit rules in Part 5 interact with registration in Part 3, enforcement in Part 10, and transitional provisions in Part 14","Multiple overlapping decision-makers: Heritage Council, Executive Director, Minister, VCAT, and local councils each have distinct roles","Nested conditional logic for permits — exemptions apply unless conditions met, with further exceptions for religious services, subdivisions, and 'minor amendments'","47+ defined terms in section 3, many with their own sub-definitions (e.g., 'owner' has 6 separate categories)","Detailed procedural requirements with strict timeframes (e.g., 28 days for reviews, 45 business days for permit determinations, stopping of time provisions)","Dual-track heritage protection: Heritage Register (significant places/objects) operates separately from Heritage Inventory (archaeological sites) with different rules","Complex transitional provisions preserving old Act matters — 35+ sections dealing with how pre-2017 nominations, permits, and decisions carry forward","Amendment tracking shows 2023 Heritage Amendment Act inserted substantial new mechanisms including 'exclusion determinations' (Div 2A of Part 3) and modified permit processes"],"plain_english_summary":"This is Victoria's main law for protecting cultural heritage — things like historic buildings, archaeological sites, shipwrecks, and significant objects. It establishes the **Victorian Heritage Register** (a list of places and objects with State-level significance) and the **Heritage Inventory** (a record of archaeological sites). The Act creates the **Heritage Council** — an independent body that decides what gets protected and hears appeals — and the **Executive Director** — a government officer who runs day-to-day operations, processes permit applications, and manages the registers.\n\n**Key things the Act does:**\n- **Registration process**: Anyone can nominate a place or object for protection. The Executive Director assesses it, then the Heritage Council makes the final decision. Owners must be notified and can make submissions.\n- **Permits**: You generally need a permit to alter, demolish, or develop a registered place or object. There are exemptions for minor works and religious services.\n- **Underwater heritage**: Special rules protect shipwrecks and artefacts that are 75+ years old. You must report discoveries, and removing items without permission is a serious offence.\n- **Archaeological sites**: Sites with artefacts over 75 years old are recorded in the Heritage Inventory. You need consent to excavate or disturb them.\n- **Enforcement**: The Act includes inspectors with entry and seizure powers, stop orders to halt damaging work, repair orders to fix neglect, and serious penalties (up to 5 years imprisonment) for deliberate damage.\n- **World Heritage**: Special planning controls apply around UNESCO World Heritage sites in Victoria.\n- **Heritage Fund**: A pool of money that can provide grants, loans, and tax relief to help owners conserve heritage properties.\n\n**Who it affects**: Property owners, developers, archaeologists, museums, local councils, government agencies managing public land, and anyone working on or near heritage places or shipwrecks."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"While the Act retains the core purpose of its predecessor (the Heritage Act 1995), it significantly expanded and modernised the scope. It strengthened enforcement mechanisms, clarified roles between state and local heritage bodies, introduced more robust processes for heritage agreements and conservation management, and improved public participation rights. The scope broadened beyond simple listing and permit functions to include more comprehensive heritage management and stronger penalties, reflecting a shift toward proactive heritage conservation rather than reactive protection."},"complexity_factors":["Multiple regulatory bodies with overlapping roles (Heritage Victoria, Heritage Council, local councils)","Multi-stage administrative processes for nominations, assessments, and appeals","Intersection with planning law, local government law, and property law","Different categories of heritage protection (registered places, registered objects, heritage inventory, world heritage places) each with distinct rules","Permit system with numerous exemptions, conditions, and appeal pathways","Provisions dealing with emergency orders, stop orders, and urgent protection mechanisms","Enforcement regime including criminal offences, civil penalties, and remediation orders","Complex transitional provisions from the repealed Heritage Act 1995","Interaction with Commonwealth heritage legislation and international obligations (e.g., World Heritage)"],"plain_english_summary":"## Heritage Act 2017 (Victoria)\n\nThis is Victoria's main law for **protecting places and objects of cultural, historical, scientific, and social significance** — basically anything worth preserving for future generations.\n\n### Who does this affect?\n- **Property owners** who own land or buildings that are, or could be, heritage-listed — they face restrictions on what they can do with their property\n- **Developers and builders** who want to alter, demolish, or develop near heritage-listed places\n- **Local councils** who play a role in managing heritage at the local level\n- **Businesses and organisations** dealing in or holding objects of heritage significance\n- **The general public**, who benefit from the preservation of culturally important places\n\n### What does it do?\n- Establishes **Heritage Victoria** (the government body that administers heritage protection) and the **Heritage Council** (an independent body that makes decisions about heritage listings)\n- Creates the **Victorian Heritage Register** — the official list of protected places and objects\n- Sets out rules for what you **can and cannot do** with registered heritage places (e.g., you generally need a permit to alter or demolish them)\n- Provides a process for **nominating, assessing, and registering** places and objects of heritage significance\n- Sets out **penalties** for damaging or destroying registered heritage places without approval\n- Allows for **heritage agreements** between owners and the government\n- Replaced the older Heritage Act 1995\n\n### Why does it matter?\n- If you own a heritage-listed property, this law **limits your rights** to renovate, demolish, or develop — even on your own land\n- Breaching the Act can result in **significant fines or criminal penalties**\n- The law balances **private property rights** against the community's interest in preserving history and culture"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since the re-enactment of the Heritage Act 1995, this 2017 Act (and later amendments, notably 2023–2025) has significantly broadened and systematised heritage administration beyond a simple register-and-protect model. Notable expansions that change scope include: (a) procedural devices to exclude parts or whole items from registration (exclusion determinations — ss 36A–36F) and tighter nomination/deferral rules; (b) new transparency and digital public‑access obligations (Part 12A, ss 254A–254F); (c) stronger and more detailed enforcement architecture and higher criminal penalties for underwater and other heritage offences (Part 4, ss 73–76; Part 10); (d) financial instruments and conditional fiscal assistance — Heritage Fund lending/grants and borrowing (Part 11, ss 234–241), securities for permits (s 101A), and a new special assistance power to remit or defer taxes/rates with clawback rules (Part 11A, ss 243–245); and (e) added procedural complexity through multiple review pathways (Heritage Council, Minister call‑in, VCAT) and expanded delegation rules. These additions expand the state's role from record‑keeping and regulation into active fiscal support and complex administrative governance, increasing compliance obligations and administrative discretion."},"complexity_factors":["Very long Act: over 300 sections and multiple Parts (1–14) plus Schedules and extensive transitional provisions","Large interpretation/defined-terms section with many cross-references (s 3) and extensive statutory definitions","Numerous conditional pathways and nested exceptions (e.g. different rules for registered places, archaeological sites, shipwrecks, approved sites of archaeological value)","Multiple decision-makers with overlapping powers: Executive Director, Heritage Council, Minister, VCAT, Supreme Court (creating complex review routes and call-in powers — ss 19, 11, 50, 109, 216)","Several parallel application and review processes with strict timelines and ‘‘stopping of time’’ rules (permit applications ss 93–101, consents ss 124–126, reviews ss 106–114)","Extensive enforcement architecture including criminal, civil and administrative remedies, seizure, forfeiture, Crown vesting, and corporate officer liability (Part 10, Division 2–6; ss 214, 217, 232–233)","Numerous cross-references to other Acts (Planning and Environment Act 1987; Aboriginal Heritage Act 2006; Building Act 1993; EPBC Act; Evidence Act etc.), requiring multi‑statute navigation","Complex public availability and privacy rules for the Register and Inventory with online and on‑request obligations and exceptions (ss 254A–254F)","Recent substantive amendments (eg 2023–2025) added new procedural devices and financial tools: exclusion determinations (ss 36A–36F), public availability rules, securities (s 101A) and special assistance/tax remissions (Part 11A, ss 243–245), increasing statutory layering"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a statutory framework to identify, protect and manage places, objects and sites of cultural heritage significance across Victoria. Key institutional and record-keeping mechanics are: the Heritage Council (ss 9–11), an Executive Director who runs day‑to‑day administration (ss 18–21), a Victorian Heritage Register (ss 23–26) and a Heritage Inventory for archaeological sites (Part 6, ss 117–121).  \n\n- Creates processes to add or remove items from the Heritage Register: nominations (ss 27–34), Executive Director recommendations (s 37), public notice and submissions (ss 40–44), Heritage Council determinations (ss 46–49), and Ministerial call‑in powers (ss 50–52).  \n\n- Regulates any works or activities affecting registered places or objects through a permit/consent system (Part 5 and Part 6: permits ss 86–116; consents for archaeological work ss 124–126). It defines what needs a permit and the exceptions (eg religious rites s 90, certain subdivisions s 91).  \n\n- Provides active protection and enforcement tools: interim protection orders (ss 143–151), stop/rectification/repair orders (ss 152–159, 160–164, 165–168), inspection and entry powers and search warrants for inspectors (Part 10, ss 194–214), and criminal and civil penalties for unauthorised works, removal or trade (eg ss 74, 87–89).  \n\n- Deals specifically with underwater cultural heritage (shipwrecks and artefacts) — provisional registration (ss 68–69), reporting of discoveries (s 80), restrictions on removal and severe penalties for unauthorised disturbance (Part 4, ss 70–85 and ss 73–79).  \n\n- Sets up funding, borrowing and grant-making for heritage purposes through a Heritage Fund and permits loans, grants and borrowing (Part 11, ss 234–242). It also allows limited targeted fiscal assistance (tax or rates remissions or deferrals) to owners of registered places under a special assistance power (Part 11A, ss 243–245), with clawback conditions.  \n\n- Provides public-access and transparency obligations for the register, inventory and related documents (Part 12A, ss 254A–254F) and lays out hearing, review and appeal routes (Heritage Council reviews, VCAT and Minister call‑ins — Parts 3, 5 and 12).  \n\nWho is affected\n\n- Owners and occupiers of land and objects: obligations to seek permits for work, to maintain heritage places, to notify the Executive Director of sales or discoveries and to comply with orders (eg ss 42, 59, 60, 152–159, 155). Failure attracts financial penalties, and in serious cases indictable offences and imprisonment (eg ss 74, 87).  \n\n- Developers, builders and contractors: need to check the Register/Inventory before works, obtain permits/consents, and may face stop orders, rectification orders, or criminal liability if they harm heritage items (ss 93, 101, 160–168).  \n\n- Government asset managers and public authorities: special duties and referral/consent rules when public land or objects are involved; Minister and government powers to call in matters (ss 50–52, 101(2)(d)).  \n\n- Archaeologists, museums and researchers: administrative roles in consents, custody, lodgement and conservation (eg ss 66–67, 124(7), 84).  \n\n- Maritime operators and fishers: underwater protections, reporting obligations and equipment restrictions in protected zones (ss 70–79, 76).  \n\nWhy it matters (policy claims then practical tests)\n\nOfficial purpose-claims: the Act aims to protect and conserve cultural heritage, record archaeological and underwater sites, and support management through a dedicated Council, Fund and legal tools (s 1).  \n\nTesting those claims against costs, incentives and trade-offs:  \n\n- Who pays: costs fall first on owners (permit fees, maintenance obligations, possible securities for works — s 101A, and liabilities if ordered works are carried out by the Executive Director and recovered as a debt — s 159). The Heritage Fund (ss 234–239) and grants can offset costs, but fund size depends on fees, borrowings and gifts (ss 235–239).  \n\n- Bureaucratic discretion and decision-makers: the Executive Director holds broad administrative discretion (ss 19, 101) and many time-limited decision obligations; the Heritage Council makes final registration decisions (s 11), with the Minister able to call matters in (s 50) or refer permit reviews to VCAT (s 109). Multiple decision layers create points where bureaucratic resourcing and guidance will determine speed and consistency.  \n\n- Compliance burden & timing risk: the Act imposes numerous notice and timeframes (eg permit decisions 45 business days s 97; consents 20 business days s 124(4); review determination timelines s 108) and many formal procedural requirements for public notice, submissions and hearings (ss 40–44, 94–95). These procedures protect procedural fairness but can delay development and add transactional costs.  \n\n- Concentrated benefits, diffuse costs: benefits (heritage protection, public access, museum holdings) are concentrated among cultural institutions and public interest groups; costs (maintenance, constrained development, longer approvals) are concentrated on owners/developers but widely dispersed across property markets.  \n\n- Market and ownership effects: registration can limit private property use (ss 56, 87–89), require consent for sale arrangements (s 36), and can affect land value (explicitly noted for compensation on acquisition — s 241(4)). Special assistance (ss 243–245) introduces targeted fiscal relief with clawbacks when owners deregister or substantially alter a place — a subsidy with conditionality.  \n\n- Enforcement severity & deterrence: high penalties (including imprisonment and large corporate fines in ss 74, 87) and powers to seize/forfeit, plus Crown vesting of shipwrecks (s 82) create strong deterrence and legal risk for non‑compliance.  \n\n- Implementation risks and opportunity costs: the regime is resource‑intensive — staffing inspectors, timely determinations, information systems for public availability (ss 254E) and heritage conservation financing — and may divert public funds to maintenance subsidies rather than other public spending.  \n\nConcrete behavioural effects (who decides, who pays, how behaviour must change)\n\n- Owners must check the Register/Inventory and take consent before carrying out works, notify sales and discoveries, and maintain registered places (ss 58, 59, 60, 87, 152–159).  \n\n- Developers must factor heritage checks, likely permit times and possible heritage conditions (s 101(2)) into project schedules and budgets; securities may be required to guarantee completion (s 101A).  \n\n- The Executive Director (bureaucracy) gains operational control over nominations, permit decisions, consents and enforcement (ss 19, 37, 101, 124, 159), creating a single administrative locus but concentrating discretion.  \n\n- The Heritage Council and Minister shape strategic direction (register content, World Heritage strategy plans ss 169–180, and funds/policy) and may grant concessions (s 92) or call in matters (s 50).\n\nKey legal exceptions and limits\n\n- The Act does not apply where cultural significance is only due to Aboriginal tradition (s 8) — Aboriginal Heritage Act operates separately.  \n\n- Emergency powers and navigation safety can override some protections but must follow notice rules (s 85).  \n\n- Religious rites and certain subdivisions have statutory exemptions subject to notice and Executive Director oversight (ss 90–91).  \n\nPrimary sections to consult for practical compliance\n\n- Registration and nominations: ss 23–49 (Register), ss 27–37 (nominations).  \n- Permits/consents and timing: Part 5 (ss 86–116), consents Part 6 Division 2 (ss 123–126).  \n- Enforcement, inspections and penalties: Part 10 (ss 194–231).  \n- Underwater cultural heritage: Part 4 (ss 68–85).  \n- Heritage Fund and financial assistance: Part 11 and Part 11A (ss 234–245).  \n\nBottom line (practical takeaways)\n\n- This is a comprehensive regulatory regime that creates strong protective tools and multiple administrative checkpoints. It shifts risks and costs to owners and operators while offering targeted financial support through grants and limited tax/rates relief. The Act increases administrative discretion (Executive Director) and creates layered review and appeal routes (Heritage Council, Minister, VCAT), so outcomes depend heavily on resourcing, procedural timeliness and the availability of Heritage Fund support. For property owners and developers, the practical response is to check the Register/Inventory early, budget for extra consent time and compliance costs, and anticipate potential securities, orders or clawbacks if financial assistance is received (see ss 101A, 159, 243–245)."}},"importantCases":[],"_links":{"self":"/api/acts/heritage-act-2017","history":"/api/acts/heritage-act-2017/history","analysis":"/api/acts/heritage-act-2017/analysis","conflicts":"/api/acts/heritage-act-2017/conflicts","importantCases":"/api/acts/heritage-act-2017/important-cases","documents":"/api/acts/heritage-act-2017/documents"}}