{"id":"sl-2006-45","name":"Heritage Regulation 2006","slug":"heritage-regulation-2006","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"45 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173400,"registerId":"act-sl-2006-45-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heritage Regulation 2006","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHeritage Regulation 2006\nSL2006-45\nmade under the\nHeritage Act 2004\nRepublication No 3\nEffective: 27 November 2023\nRepublication date: 27 November 2023\nLast amendment made by A2023-36\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Heritage Regulation 2006, made under the Heritage Act 2004\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 27 November 2023. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 27 November 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHeritage Regulation 2006\nmade under the\nHeritage Act 2004\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Calling council meetings 2\n6 Presiding member at council meetings 3\n7 Quorum of council meetings 3\n8 Voting at council meetings 4\n9 Conduct of council meetings etc 4\n10 Disclosure of interests by council members 5\n\nContents\nPage\ncontents 2 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 8\nEndnotes\n1 About the endnotes 9\n2 Abbreviation key 9\n3 Legislation history 10\n4 Amendment history 10\n5 Earlier republications 11\n\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHeritage Regulation 2006\nmade under the\nHeritage Act 2004\n\nSection 1\npage 2 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Heritage Regulation 2006.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Calling council meetings\n(1) Meetings of the council are to be held when and where it decides.\n(2) However, the council must meet at least—\n(a) once every 3 months; and\n(b) 6 times a year.\n(3) The chairperson or deputy chairperson (the convenor)—\n(a) may at any time call a meeting of the council; and\n(b) must call a meeting of the council if asked by the Minister or at\nleast 4 members.\n\nSection 6\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The convenor must give the other members written notice of\nparticulars of the meeting—\n(a) if the meeting is not urgent—at least 5 working days before the\nday of the meeting; or\n(b) if the meeting is urgent—as soon as practicable before the\nmeeting.\n(5) In subsection (4):\nparticulars of the meeting includes the following:\n(a) the date and time of the meeting;\n(b) details about—\n(i) if members are required to attend the meeting in person—\nwhere the meeting will be held; or\n(ii) if members are not required to attend the meeting in\nperson—the way in which members may take part in the\nmeeting;\n(c) an agenda for the meeting.\n6 Presiding member at council meetings\n(1) The chairperson presides at all meetings of the council at which the\nchairperson is present.\n(2) If the chairperson is absent, the deputy chairperson presides.\n(3) If the chairperson and the deputy chairperson are absent, the voting\nmember chosen by a majority of voting members present presides.\n7 Quorum of council meetings\nBusiness may be carried on at a meeting of the council only if at least\n5 voting members are able to take part in the meeting.\n\nSection 8\npage 4 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Voting at council meetings\n(1) At a meeting of the council each voting member has a vote on each\nquestion to be decided.\nNote The Act, s 19 (2) provides that the conservator of flora and fauna and the\nchief planner are not eligible to vote on questions being decided by the\ncouncil.\n(2) A question is to be decided by a majority of the votes of the voting\nmembers present and voting but, if the votes are equal, the voting\nmember presiding has a casting vote.\n9 Conduct of council meetings etc\n(1) The council may conduct its proceedings (including its meetings) as\nit considers appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a member\ntaking part to hear or otherwise know what each other member taking\npart says without the members being in each other’s presence.\nExamples\na phone link, a satellite link, an Internet or intranet link\n(3) A member who takes part in a meeting conducted under\nsubsection (2) is taken, for all purposes, to be present at the meeting.\n(4) A resolution is a valid resolution of the council, even if it is not passed\nat a meeting of the council, if—\n(a) at least 5 voting members consider a proposal for the resolution;\nand\n(b) the resolution is passed by a majority of the voting members\nwho considered the proposal.\n\nSection 10\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) A voting member who considers the proposal may agree or disagree\nwith the proposal in writing or by electronic communication.\nExample—electronic communication\ntelephone or email\n(6) If the votes in a decision about the proposal are equal, the voting\nmember presiding has a casting vote.\n(7) The council must—\n(a) keep minutes of its meetings; and\n(b) prepare a notice of its decisions at meetings.\n(8) A person may inspect the notice of council decisions during ordinary\noffice hours at the place named under the Act, section 21 (4) where\nthe heritage register may be inspected.\n10 Disclosure of interests by council members\n(1) If a member has a material interest in an issue being considered, or\nabout to be considered, by the council, the member must disclose the\nnature of the interest at a council meeting as soon as practicable after\nthe relevant facts come to the member’s knowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The disclosure must be recorded in the council’s minutes and, unless\nthe council otherwise decides, the member must not—\n(a) be present when the council considers the issue; or\n(b) take part in a decision of the council on the issue.\n(3) Any other member who also has a material interest in the issue must\nnot be present when the council is considering its decision under\nsubsection (2).\n\nSection 10\npage 6 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation, if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation, if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust, if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership, if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business, if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\n\nSection 10\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmaterial interest—a member has a material interest in an issue if the\nmember has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the council’s consideration of the issue.\n\nDictionary\npage 8 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation. For\nexample:\n• chief planner.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Heritage Act 2004 (see Legislation Act, s 148). For example, the\nfollowing term is defined in the Heritage Act 2004, dict:\n• council.\nchairperson means the chairperson of the council.\ndeputy chairperson means the deputy chairperson of the council.\nmember means a member of the council.\nvoting member means a member other than—\n(a) the conservator of flora or fauna; or\n(b) the chief planner; or\n(c) for a particular issue to be considered or decided by the council\nat a council meeting—a member who, under section 10\n(Disclosure of interests by council members), is not entitled to\nbe present at council’s consideration of, or decision on, the\nissue.\n\nEndnotes\nAbout the endnotes 1\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 10 Heritage Regulation 2006\nEffective: 27/11/23\nR3\n27/11/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHeritage Regulation 2006 SL2006-45\nnotified LR 11 September 2006\ns 1, s 2 commenced 11 September 2006 (LA s 75 (1))\nremainder commenced 12 September 2006 (s 2)\nas amended by\nHeritage Amendment Regulation 2014 (No 1) SL2014-24\nnotified LR 2 October 2014\ns 1, s 2 commenced 2 October 2014 (LA s 75 (1))\nremainder commenced 4 October 2014 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.34\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.34 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nCalling council meetings\ns 5 am SL2014-24 s 4, s 5\nPresiding member at council meetings\ns 6 am SL2014-24 s 6\nQuorum of council meetings\ns 7 sub SL2014-24 s 7\nVoting at council meetings\ns 8 am SL2014-24 s 8; A2023-36 amdt 1.180\nConduct of council meetings etc\ns 9 am SL2014-24 s 9, s 10; ss renum R2 LA\nDictionary\ndict am A2023-36 amdt 1.181\ndef appointed member om SL2014-24 s 11\ndef voting member ins SL2014-24 s 12\nam A2023-36 amdt 1.182\n\nEndnotes\nEarlier republications 5\nR3\n27/11/23\nHeritage Regulation 2006\nEffective: 27/11/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n12 Sept 2006\n12 Sept 2006–\n3 Oct 2014\nnot amended new regulation\nR2\n4 Oct 2014\n4 Oct 2014–\n26 Nov 2023\nSL2014-24 amendments by\nSL2014-24\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing procedural rules for the Heritage Council's meetings and governance. The 2023 amendments merely updated terminology references (replacing planning-related definitions) without expanding the scope beyond council administration."},"complexity_factors":["Short length (10 operative sections plus dictionary)","Minimal cross-referencing (primarily references back to parent Heritage Act 2004 for definitions like 'council')","Straightforward procedural structure without nested exceptions","Only 4 defined terms in the regulation's own dictionary (chairperson, deputy chairperson, member, voting member), though it imports definitions from the parent Act","Single layer of conditions in the conflict of interest provisions (section 10) with clear definitions of 'material interest' and 'indirect interest'","No complex conditional logic or 'exceptions to exceptions'"],"plain_english_summary":"The regulation sets the operating rules for the ACT Heritage Council, governing how it meets, decides and records business—covering meeting frequency and calling, quorum and voting rules (including a chair’s casting vote), remote participation, and procedures for passing resolutions without meetings. It also requires disclosure and exclusion for material conflicts of interest, ensuring transparent, accountable protection of heritage places."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The regulation’s operational scope was changed by later amendments: SL2014‑24 altered meeting calling, presiding‑member rules, substituted the quorum provision and introduced the 'voting member' concept (see endnotes 3–4). A2023‑36 further amended voting rules and the Dictionary (endnotes 3–4). Those amendments changed who may vote, the numeric quorum threshold, and related procedural mechanics — shifting the council’s decision‑making and participation rules from the instrument’s original form."},"complexity_factors":["Interaction of voting eligibility with definitions in the Dictionary and the Heritage Act (note to s 8; Dictionary entries) — affects who counts as a voting member.","Fixed quorum expressed as a number of voting members (s 7) rather than a proportion — creates a hard threshold for business to proceed.","Multiple modes of participation and validation of out‑of‑meeting resolutions (s 9(2)–(6)) — allows remote and written voting but requires coordination of who \"considered\" a proposal.","Detailed conflict‑of‑interest rules with broad 'indirect interest' categories (s 10(1), (4)) — requires judgment about associates, corporations, trusts and executive officers.","Notice, agenda and convenor duties for calling meetings with different timeframes for urgency (s 5(3)–(4)) — creates compliance obligations for convenors.","Record‑keeping and public inspection requirements for minutes and notices of decisions (s 9(7)–(8)) — affects administrative workload and public transparency.","Casting vote and tie‑breaking rules (s 8(2) and s 9(6)) — concentrates tie‑breaking power in the presiding member.","Amendment history (SL2014‑24; A2023‑36) changed key definitions and procedural provisions (endnotes 3–4) — adds interpretive complexity when comparing versions."],"plain_english_summary":"This regulation sets the meeting and decision-making rules for the ACT Heritage Council. It fixes minimum meeting frequency and notice rules, who presides, a 5‑voting‑member quorum, voting procedures (including tie and out‑of‑meeting votes), remote participation, public access to minutes and a detailed conflict‑of‑interest regime. It affects council members (their attendance, voting rights and disclosure obligations) and members of the public who inspect council decisions; it governs how council business is lawfully conducted and recorded."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/heritage-regulation-2006","history":"/api/acts/heritage-regulation-2006/history","analysis":"/api/acts/heritage-regulation-2006/analysis","conflicts":"/api/acts/heritage-regulation-2006/conflicts","importantCases":"/api/acts/heritage-regulation-2006/important-cases","documents":"/api/acts/heritage-regulation-2006/documents"}}