{"id":"heritage-places-regulations-2020","name":"Heritage Places Regulations 2020","slug":"heritage-places-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235642,"registerId":"sa-heritage-places-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heritage Places Regulations 2020","content":"South Australia\nHeritage Places Regulations 2020\nunder the Heritage Places Act 1993\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPeriod within which Council to be notified\n5\tNotice\n5A\tPrescribed rate of interest (sections 39A, 39B and 39C)\n6\tFees\nSchedule 1—Forms\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Heritage Places Regulations 2020.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Heritage Places Act 1993;\nbusiness day means any day except—\n\t(a)\tSaturday, Sunday or a public holiday; or\n\t(b)\tany other day which falls between 25 December in any year and 1 January in the following year.\n4—Period within which Council to be notified\nFor the purposes of section 27(2)(b) of the Act—\n\t(a)\tthe prescribed period for notifying the Council of the location of an object is 5 business days from the date of discovery; and\n\t(b)\tthe prescribed period for furnishing information to the Council is 10 business days from the date on which the Council requested the provision of the relevant information, or such longer period as the Council may allow.\n5—Notice\nFor the purposes of section 38A(5)(a)(i) of the Act, the form set out in Schedule 1 is prescribed. \n5A—Prescribed rate of interest (sections 39A, 39B and 39C)\n\t(1)\tFor the purposes of sections 39A(5a)(a), 39B(12)(a) and 39C(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid.\n\t(2)\tIn this regulation—\nprime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of Australia for corporate lending on the first trading day of the Bank in that financial year.\n6—Fees\nThe Council may waive or reduce a prescribed fee if satisfied that it is appropriate to do so in a particular case.\nSchedule 1—Forms\nForm 1\t\n(regulation 5)\nNotice of option to elect to be prosecuted for contravention\nFile number [insert file number]\nTo [insert name of person to whom notice is given], of [insert address of person],\nIt is alleged that you have engaged in conduct in contravention of the Heritage Places Act 1993 (\"the Act\"). The particulars of the alleged contravention are set out in this notice.\nThe purposes of this notice is to give you the opportunity to elect to be prosecuted for the alleged contravention under section 38A(5)(a) of the Act. If you do not elect to be prosecuted, the Minister, a local council, or any other person acting with the leave of the Environment, Resources and Development Court may commence civil proceedings under section 38A(1)(c) of the Act for the purposes of obtaining an order from the Court that you pay into the South Australian Heritage Fund an amount as a monetary penalty on account of the contravention. In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.\nIf you elect to be prosecuted rather than facing civil penalty proceedings, you must serve a written notice on the Minister within 21 days after service of this notice.\nThe following matters are relevant to the provision of a notice of election to the Minister:\n\t(a)\tThe notice must be addressed to the Minister as follows: [insert relevant information];\n\t(b)\tYou may choose to use the pro forma notice to the Minister attached to this document, or you may inform the Minister by letter if you so wish;\n\t(c)\tThe notice must contain your name and the File Number shown at the top of this document;\n\t(d)\tAdditional information about the Act can be obtained from www.environment.sa.gov.au/heritage;\n\t(e)\tAdditional information concerning this notice can be obtained by calling [insert relevant phone number];\n\t(f)\tIf you do not respond within 21 days after service of this notice, proceedings may be commenced to recover the civil penalty in the Environment, Resources and Development Court.\nParticulars of alleged contravention\nName of State Heritage Place (if applicable) [insert name of State Heritage Place]\nRegister number [insert register number]\nAddress or location [insert address or location of State Heritage Place]\nDetails of alleged contravention [insert details of alleged contravention]\nIssued by [insert name of person by whom the notice is issued]\nDate [insert date]\nGeneral information\nThe Heritage Places Act 1993 is an Act to make provision for the identification, recording and conservation of places and objects of non‑Aboriginal heritage significance, to establish the South Australian Heritage Council and for other purposes.\nSection 38A(1) of the Act allows an Environment, Resources and Development Court order to be made only where a contravention of the Act has occurred. Section 38A(1)(c) allows the Court to order a monetary penalty to be paid into the South Australian Heritage Fund on account of the breach. A monetary penalty such as this is sometimes known as a civil penalty because it is a financial penalty imposed by a Court in civil proceedings. The penalty is intended as a deterrent.\nSection 38A(5)(a)(i) imposes limits on the circumstances and manner of application and use of a civil penalty order. A person who is faced with the possibility of a civil penalty may elect to be prosecuted for a criminal offence, which must be proved at the higher standard of beyond reasonable doubt.\nFor the purposes of allowing a person to make an election, the Minister must serve a notice on the person advising the person that they may, by written notice to the Minister, elect to be prosecuted for the contravention, and allowing the person not less than 21 days to do so. This is the reason for the service of this notice.\nProceedings for a civil penalty are stayed if criminal proceedings are initiated or have already been initiated against the person for an offence that is the same (or substantially the same) as the conduct alleged to constitute the contravention to which the proceedings relate. They may be resumed if the criminal proceedings do not result in a formal finding of guilt being made against the person.\nIf an amount is paid in the civil proceedings, criminal proceedings may not be initiated against the person for an offence constituted by conduct that is the same (or substantially the same) as the conduct alleged to constitute the contravention in relation to which the amount has been paid.\nAttachment—Notice to the Minister\nI, [insert name of person electing to be prosecuted], have received a notice from the Minister under section 38A(5)(a) of the Heritage Places Act 1993 (\"the Act\") in connection with the proposed commencement of civil penalty proceedings in respect of a contravention of the Act.\nThe file number is [insert file number]\nIn accordance with section 38A(5)(a) of the Act, I hereby give notice that I elect to be prosecuted for the alleged contravention.\nSigned [insert signature]\nDate [insert date]\nContact details [insert contact details of person electing to be prosecuted]\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Heritage Places Regulations 2020 revoked the following:\nHeritage Places Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2020\n56\nGazette 7.5.2020 p909 \n1.8.2020: r 2\n2024\n91\nGazette 12.9.2024 p3182\n12.9.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n12.9.2024\nr 5A\ninserted by 91/2024 r 3\n12.9.2024\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n12.9.2024\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations do not alter the substantive scope of the Heritage Places Act 1993. They prescribe procedural matters: notification periods, a prescribed notice form, the formula for an interest rate on unpaid civil penalties, and fee‑waiver discretion. The 2020 regulations replaced the 2005 subordinate rules; a 2024 variation added the interest‑rate prescription (reg 5A)."},"complexity_factors":["Limited number of provisions (procedural rules only)","Cross‑references to multiple Act sections (requires reading the Heritage Places Act 1993 to see legal effect)","Definition of 'business day' with specific holiday window","Interest rate tied to an external financial benchmark (Commonwealth Bank corporate loan reference rate on first trading day of financial year)","Discretionary power for Council to waive or reduce fees (introduces administrative decision‑making)","Prescribed notice form that interacts with civil vs criminal proceedings (procedural and evidential consequences)"],"plain_english_summary":"These regulations set practical rules under the Heritage Places Act 1993: time limits for notifying the Council about discovered heritage objects, the prescribed form for a person’s election to be prosecuted instead of facing a civil penalty, the method for calculating interest on unpaid civil penalty amounts, and a power for the Council to waive or reduce fees. They affect people who discover or own heritage objects, alleged contraveners, and the Council by fixing deadlines, paperwork, and financial exposures that shape compliance and enforcement procedures."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to administrative and procedural matters under the Heritage Places Act 1993. The 2024 amendment inserting regulation 5A (interest rates) and removing spent provisions represents standard maintenance rather than scope expansion. The legislation has not grown beyond its original purpose of operationalising the parent Act."},"complexity_factors":["Only 6 substantive regulations plus a schedule of forms","Minimal defined terms (only 3: 'Act', 'business day', 'prime bank rate')","Straightforward conditional logic with no nested exceptions","Single cross-reference structure (regulations point to specific sections of the parent Act)","Schedule 1 contains a lengthy but standardised form template with explanatory notes, which inflates word count without adding legal complexity","No sub-delegations, no sunset clauses, no complex machinery provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for how South Australia's heritage protection laws work day-to-day. They sit underneath the main **Heritage Places Act 1993** and fill in the gaps that Acts typically leave for regulations to handle.\n\n**Key things covered:**\n\n*   **Time limits for reporting discoveries:** If someone finds a heritage object, they must tell the South Australian Heritage Council within **5 business days**. If the Council asks for more information, they have **10 business days** to provide it (or longer if the Council agrees).\n\n*   **Interest on unpaid debts:** If someone owes money under the Act (such as civil penalties), interest accrues at the **\"prime bank rate\"** — specifically, the Commonwealth Bank's corporate lending rate on the first trading day of the financial year.\n\n*   **Fee flexibility:** The Heritage Council can **waive or reduce fees** if they think it's fair in a particular case.\n\n*   **Formal notice for civil penalties:** The regulations include a **template form** (Schedule 1) that must be used when the Minister gives someone a choice between:\n    *   Facing **civil penalty proceedings** (where the allegation only needs to be proved \"on the balance of probabilities\" — meaning more likely than not), OR\n    *   **Electing to be prosecuted criminally** (where guilt must be proved \"beyond reasonable doubt\" — the higher criminal standard)\n\n    This \"election\" process is important because it gives people the option of the higher criminal burden of proof rather than the easier civil standard.\n\n**Who it affects:**\n\n*   Property owners and developers working with heritage-listed places\n*   Anyone who discovers heritage objects\n*   The South Australian Heritage Council and Minister for Environment\n*   People facing enforcement action for alleged breaches of heritage laws\n\n**Why it matters:**\n\nThese regulations ensure heritage protection is enforceable in practice. The civil penalty system allows serious financial consequences for damaging heritage without requiring a full criminal trial, but the **election-to-be-prosecuted** safeguard protects people's rights by letting them choose the stricter criminal process if they prefer. The interest rate provision ensures debts don't sit unpaid indefinitely, and the reporting timeframes keep heritage investigations moving."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The submitted content is a website error page, not the text of the Heritage Places Regulations 2020. No comparison between original intent and enacted provisions can be made."},"complexity_factors":["No legislative text was provided — only a website error page was returned","Complexity cannot be meaningfully assessed without access to the actual regulation content","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"The Heritage Places Regulations 2020 (SA) could not be retrieved due to a “Page Not Found” error on the South Australian legislation site. These regulations sit under the Heritage Places Act 1993 and—if consistent with this type of instrument—would set practical rules on listing, approvals, applications, fees and penalties affecting owners, developers and heritage advisers. Because the text is unavailable, check the legislation site directly, contact OPCWeb@sa.gov.au, or consult Heritage South Australia or a heritage lawyer."}},"importantCases":[],"_links":{"self":"/api/acts/heritage-places-regulations-2020","history":"/api/acts/heritage-places-regulations-2020/history","analysis":"/api/acts/heritage-places-regulations-2020/analysis","conflicts":"/api/acts/heritage-places-regulations-2020/conflicts","importantCases":"/api/acts/heritage-places-regulations-2020/important-cases","documents":"/api/acts/heritage-places-regulations-2020/documents"}}