{"id":"qld:act-1992-009","name":"Queensland Heritage Act 1992","slug":"queensland-heritage-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104808,"registerId":"qld-act-1992-009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Heritage Act 1992 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Object of this Act","content":"### sec.2 Object of this Act\n\nThe object of this Act is to provide for the conservation of Queensland’s cultural heritage for the benefit of the community and future generations.\nThe object is to be primarily achieved by—\nestablishing the Queensland Heritage Council; and\nkeeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and\nrequiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and\nproviding for the identification and management of places of local cultural heritage significance by local governments; and\nregulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and\nproviding for heritage agreements to encourage appropriate management of Queensland heritage places; and\nproviding for appropriate enforcement powers to help protect Queensland’s cultural heritage.\nIn exercising powers conferred by this Act, the Minister, the chief executive, the council and other persons and entities concerned in its administration must seek to achieve—\nthe retention of the cultural heritage significance of the places and artefacts to which it applies; and\nthe greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance.\ns 2 amd 2003 No. 32 s 4 ; 2007 No. 50 s 4 ; 2011 No. 6 s 142 sch ; 2014 No. 61 s 4\n(sec.2-ssec.1) The object of this Act is to provide for the conservation of Queensland’s cultural heritage for the benefit of the community and future generations.\n(sec.2-ssec.2) The object is to be primarily achieved by— establishing the Queensland Heritage Council; and keeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and requiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and providing for the identification and management of places of local cultural heritage significance by local governments; and regulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and providing for heritage agreements to encourage appropriate management of Queensland heritage places; and providing for appropriate enforcement powers to help protect Queensland’s cultural heritage.\n(sec.2-ssec.3) In exercising powers conferred by this Act, the Minister, the chief executive, the council and other persons and entities concerned in its administration must seek to achieve— the retention of the cultural heritage significance of the places and artefacts to which it applies; and the greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance.\n- (a) establishing the Queensland Heritage Council; and\n- (b) keeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and\n- (c) requiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and\n- (d) providing for the identification and management of places of local cultural heritage significance by local governments; and\n- (e) regulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and\n- (f) providing for heritage agreements to encourage appropriate management of Queensland heritage places; and\n- (g) providing for appropriate enforcement powers to help protect Queensland’s cultural heritage.\n- (a) the retention of the cultural heritage significance of the places and artefacts to which it applies; and\n- (b) the greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Non-application to Aboriginal or Torres Strait Islander places etc.","content":"### sec.3 Non-application to Aboriginal or Torres Strait Islander places etc.\n\nThis Act does not apply to—\na place that is of cultural heritage significance solely through its association with Aboriginal tradition or Island custom; or\na place situated on Aboriginal or Torres Strait Islander land unless the place is of cultural heritage significance because of its association with Aboriginal tradition or Island custom and with European or other culture, in which case this Act applies to the place if the trustees of the land consent.\ns 3 (prev s 96) renum and reloc 2007 No. 50 s 38\n- (a) a place that is of cultural heritage significance solely through its association with Aboriginal tradition or Island custom; or\n- (b) a place situated on Aboriginal or Torres Strait Islander land unless the place is of cultural heritage significance because of its association with Aboriginal tradition or Island custom and with European or other culture, in which case this Act applies to the place if the trustees of the land consent.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 4 Note—s 4 contained definitions for this Act. Definitions are now located in the schedule (Dictionary).\namd 2003 No. 32 s 5 (1)","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\ns 5 sub 2007 No. 50 s 5\n(sec.5-ssec.1) This Act binds all persons including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Heritage Council","content":"# Queensland Heritage Council","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of council","content":"### sec.6 Establishment of council\n\nThe Queensland Heritage Council, formerly established under this Act, is continued in existence under the name Queensland Heritage Council.\nThe council—\nis a body corporate; and\nmay sue and be sued in its corporate name.\ns 6 sub 2003 No. 32 s 6\n(sec.6-ssec.1) The Queensland Heritage Council, formerly established under this Act, is continued in existence under the name Queensland Heritage Council.\n(sec.6-ssec.2) The council— is a body corporate; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Council’s relationship with the State","content":"### sec.7 Council’s relationship with the State\n\nThe council does not represent the State.\ns 7 sub 2003 No. 32 s 6","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of council","content":"### sec.8 Functions of council\n\nThe council has the following functions—\nto provide strategic advice to the Minister about matters relating to Queensland’s cultural heritage, including, for example, measures necessary to conserve Queensland’s cultural heritage;\nto encourage interest in, and understanding of, Queensland’s cultural heritage, including, for example, by—\nproviding information to the community; and\npromoting or supporting events relating to Queensland’s cultural heritage;\nto advise entities about conserving Queensland’s cultural heritage, including, for example, government entities and community organisations;\nto encourage the appropriate management of places of cultural heritage significance;\nto give advice to the planning chief executive about the effect that development proposed under a development application or change application may have on the cultural heritage significance of a State heritage place;\nSee also the Planning Act , section 275ZJ .\nto perform other functions given to the council under this Act or by the Minister.\nIn performing its functions, the council must act independently, impartially and in the public interest.\ns 8 sub 2003 No. 32 s 6\namd 2007 No. 50 s 6 ; 2014 No. 61 s 5 ; 2016 No. 27 s 377A ; 2024 No. 13 s 108 s ch 1 pt 2\n(sec.8-ssec.1) The council has the following functions— to provide strategic advice to the Minister about matters relating to Queensland’s cultural heritage, including, for example, measures necessary to conserve Queensland’s cultural heritage; to encourage interest in, and understanding of, Queensland’s cultural heritage, including, for example, by— providing information to the community; and promoting or supporting events relating to Queensland’s cultural heritage; to advise entities about conserving Queensland’s cultural heritage, including, for example, government entities and community organisations; to encourage the appropriate management of places of cultural heritage significance; to give advice to the planning chief executive about the effect that development proposed under a development application or change application may have on the cultural heritage significance of a State heritage place; See also the Planning Act , section 275ZJ . to perform other functions given to the council under this Act or by the Minister.\n(sec.8-ssec.2) In performing its functions, the council must act independently, impartially and in the public interest.\n- (a) to provide strategic advice to the Minister about matters relating to Queensland’s cultural heritage, including, for example, measures necessary to conserve Queensland’s cultural heritage;\n- (b) to encourage interest in, and understanding of, Queensland’s cultural heritage, including, for example, by— (i) providing information to the community; and (ii) promoting or supporting events relating to Queensland’s cultural heritage;\n- (i) providing information to the community; and\n- (ii) promoting or supporting events relating to Queensland’s cultural heritage;\n- (c) to advise entities about conserving Queensland’s cultural heritage, including, for example, government entities and community organisations;\n- (d) to encourage the appropriate management of places of cultural heritage significance;\n- (e) to give advice to the planning chief executive about the effect that development proposed under a development application or change application may have on the cultural heritage significance of a State heritage place; Note— See also the Planning Act , section 275ZJ .\n- (f) to perform other functions given to the council under this Act or by the Minister.\n- (i) providing information to the community; and\n- (ii) promoting or supporting events relating to Queensland’s cultural heritage;","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Council’s powers","content":"### sec.8A Council’s powers\n\nThe council has the powers—\nnecessary or convenient to perform its functions; or\ngiven to it under another provision of this Act or under another Act.\ns 8A ins 2014 No. 61 s 6\n- (a) necessary or convenient to perform its functions; or\n- (b) given to it under another provision of this Act or under another Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Delegation by council","content":"### sec.9 Delegation by council\n\nThe council may delegate its functions under this Act to—\na member; or\na committee of the council consisting of appropriately qualified persons, 1 of whom must be a member; or\nan appropriately qualified public service officer.\ns 9 sub 2003 No. 32 s 6\namd 2007 No. 50 s 7\n- (a) a member; or\n- (b) a committee of the council consisting of appropriately qualified persons, 1 of whom must be a member; or\n- (c) an appropriately qualified public service officer.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Membership of council","content":"### sec.10 Membership of council\n\nThe council consists of the following members—\na representative, appointed by the Governor in Council, of each of the following entities—\nNational Trust of Australia (Queensland) Limited;\nthe Local Government Association of Queensland (Incorporated);\nthe Queensland Council of Unions;\nan organisation representing the interests of property owners and managers in Queensland;\nan organisation representing the interests of rural industries in Queensland;\n7 persons, appointed by the Governor in Council, with appropriate knowledge, expertise and interest in heritage conservation.\ns 10 sub 2003 No. 32 s 6\namd 2014 No. 33 s 134\n- (a) a representative, appointed by the Governor in Council, of each of the following entities— (i) National Trust of Australia (Queensland) Limited; (ii) the Local Government Association of Queensland (Incorporated); (iii) the Queensland Council of Unions; (iv) an organisation representing the interests of property owners and managers in Queensland; (v) an organisation representing the interests of rural industries in Queensland;\n- (i) National Trust of Australia (Queensland) Limited;\n- (ii) the Local Government Association of Queensland (Incorporated);\n- (iii) the Queensland Council of Unions;\n- (iv) an organisation representing the interests of property owners and managers in Queensland;\n- (v) an organisation representing the interests of rural industries in Queensland;\n- (b) 7 persons, appointed by the Governor in Council, with appropriate knowledge, expertise and interest in heritage conservation.\n- (i) National Trust of Australia (Queensland) Limited;\n- (ii) the Local Government Association of Queensland (Incorporated);\n- (iii) the Queensland Council of Unions;\n- (iv) an organisation representing the interests of property owners and managers in Queensland;\n- (v) an organisation representing the interests of rural industries in Queensland;","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Chairperson and deputy chairperson of council","content":"### sec.11 Chairperson and deputy chairperson of council\n\nThe Governor in Council must appoint a member to be the chairperson, and another member to be the deputy chairperson, of the council.\nA person may be appointed the chairperson or deputy chairperson at the same time the person is appointed a member.\nThe chairperson or deputy chairperson holds office as chairperson or deputy chairperson for the term, of not more than 3 years, decided by the Governor in Council.\nDespite subsection (3) , a person stops holding office as chairperson or deputy chairperson if the person stops being a member.\nThe office of chairperson or deputy chairperson becomes vacant if the person holding the office resigns the office by signed notice of resignation given to the Minister.\nHowever, a member resigning the office of chairperson or deputy chairperson may continue to be a member.\nThe deputy chairperson must act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\ns 11 amd 1995 No. 40 s 20 ; 2000 No. 16 s 590 sch 1 pt 2\nsub 2003 No. 32 s 6\namd 2007 No. 50 s 8\n(sec.11-ssec.1) The Governor in Council must appoint a member to be the chairperson, and another member to be the deputy chairperson, of the council.\n(sec.11-ssec.2) A person may be appointed the chairperson or deputy chairperson at the same time the person is appointed a member.\n(sec.11-ssec.3) The chairperson or deputy chairperson holds office as chairperson or deputy chairperson for the term, of not more than 3 years, decided by the Governor in Council.\n(sec.11-ssec.4) Despite subsection (3) , a person stops holding office as chairperson or deputy chairperson if the person stops being a member.\n(sec.11-ssec.5) The office of chairperson or deputy chairperson becomes vacant if the person holding the office resigns the office by signed notice of resignation given to the Minister.\n(sec.11-ssec.6) However, a member resigning the office of chairperson or deputy chairperson may continue to be a member.\n(sec.11-ssec.7) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Term of appointment","content":"### sec.12 Term of appointment\n\nA member must be appointed for a term of not more than 3 years.\ns 12 sub 2003 No. 32 s 6","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Eligibility for membership","content":"### sec.13 Eligibility for membership\n\nA person can not be appointed as a member if the person—\nhas a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or\nhas been a member for at least 6 consecutive years and the proposed appointment would happen less than 1 year after the day the person was last a member.\nA person who is a member can not be reappointed as a member if the reappointment would result in the person continuing as a member for more than 6 consecutive years.\ns 13 sub 2003 No. 32 s 6 ; 2007 No. 50 s 9\namd 2014 No. 61 s 7\n(sec.13-ssec.1) A person can not be appointed as a member if the person— has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or has been a member for at least 6 consecutive years and the proposed appointment would happen less than 1 year after the day the person was last a member.\n(sec.13-ssec.2) A person who is a member can not be reappointed as a member if the reappointment would result in the person continuing as a member for more than 6 consecutive years.\n- (a) has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or\n- (b) has been a member for at least 6 consecutive years and the proposed appointment would happen less than 1 year after the day the person was last a member.","sortOrder":17},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Minister’s power to obtain criminal history","content":"### sec.13A Minister’s power to obtain criminal history\n\nThe Minister may ask the commissioner of the police service for—\na written report about the criminal history of a person who is being considered for appointment as a member; and\na brief description of the circumstances of a conviction mentioned in the report.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nHowever, subsection (3) applies only in relation to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\ns 13A ins 2014 No. 61 s 8\n(sec.13A-ssec.1) The Minister may ask the commissioner of the police service for— a written report about the criminal history of a person who is being considered for appointment as a member; and a brief description of the circumstances of a conviction mentioned in the report.\n(sec.13A-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.13A-ssec.3) The commissioner of the police service must comply with the request.\n(sec.13A-ssec.4) However, subsection (3) applies only in relation to information in the commissioner’s possession or to which the commissioner has access.\n(sec.13A-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the criminal history of a person who is being considered for appointment as a member; and\n- (b) a brief description of the circumstances of a conviction mentioned in the report.","sortOrder":18},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Criminal history is confidential","content":"### sec.13B Criminal history is confidential\n\nA person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history or information contained in the report given under section 13A , unless the disclosure is permitted under subsection (2) .\nMaximum penalty—50 penalty units.\nThe person may make the disclosure to someone else—\nto the extent necessary to perform the person’s functions under this Act; or\nfor the purpose of the other person performing a function under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure.\ns 13B ins 2014 No. 61 s 8\n(sec.13B-ssec.1) A person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history or information contained in the report given under section 13A , unless the disclosure is permitted under subsection (2) . Maximum penalty—50 penalty units.\n(sec.13B-ssec.2) The person may make the disclosure to someone else— to the extent necessary to perform the person’s functions under this Act; or for the purpose of the other person performing a function under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) for the purpose of the other person performing a function under this Act; or\n- (c) if the disclosure is authorised under an Act; or\n- (d) if the disclosure is otherwise required or permitted by law; or\n- (e) if the person to whom the information relates consents to the disclosure.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Vacation of office","content":"### sec.14 Vacation of office\n\nA member is taken to have vacated office if the member—\nresigns his or her position on the council by signed notice of resignation given to the Minister; or\nis convicted of an indictable offence or an offence against this Act; or\nis absent without—\nthe council’s permission from 3 consecutive council meetings of which due notice has been given; or\nthe Minister’s approval under section 16 .\nIn this section—\nmeeting means a meeting with a quorum present.\ns 14 sub 2003 No. 32 s 6\namd 2007 No. 50 s 10\n(sec.14-ssec.1) A member is taken to have vacated office if the member— resigns his or her position on the council by signed notice of resignation given to the Minister; or is convicted of an indictable offence or an offence against this Act; or is absent without— the council’s permission from 3 consecutive council meetings of which due notice has been given; or the Minister’s approval under section 16 .\n(sec.14-ssec.2) In this section— meeting means a meeting with a quorum present.\n- (a) resigns his or her position on the council by signed notice of resignation given to the Minister; or\n- (b) is convicted of an indictable offence or an offence against this Act; or\n- (c) is absent without— (i) the council’s permission from 3 consecutive council meetings of which due notice has been given; or (ii) the Minister’s approval under section 16 .\n- (i) the council’s permission from 3 consecutive council meetings of which due notice has been given; or\n- (ii) the Minister’s approval under section 16 .\n- (i) the council’s permission from 3 consecutive council meetings of which due notice has been given; or\n- (ii) the Minister’s approval under section 16 .","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"When notice of resignation takes effect","content":"### sec.15 When notice of resignation takes effect\n\nA notice of resignation under section 11 (5) or 14 (1) (a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, at the later time.\ns 15 sub 2003 No. 32 s 6\namd 2007 No. 50 s 3 sch","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Leave of absence for a member","content":"### sec.16 Leave of absence for a member\n\nThe Minister may approve a leave of absence for a member of more than 3 months.\nThe Minister may appoint another person to act in the office of the member while the member is absent on the approved leave.\nIf the member is the deputy chairperson, the Minister may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on the approved leave.\ns 16 sub 2003 No. 32 s 6\n(sec.16-ssec.1) The Minister may approve a leave of absence for a member of more than 3 months.\n(sec.16-ssec.2) The Minister may appoint another person to act in the office of the member while the member is absent on the approved leave.\n(sec.16-ssec.3) If the member is the deputy chairperson, the Minister may appoint another member to act in the deputy chairperson’s office while the deputy chairperson is absent on the approved leave.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of vacancy in membership of council","content":"### sec.17 Effect of vacancy in membership of council\n\nSubsection (2) applies despite section 10 .\nThe performance of a function by the council is not affected merely because of a vacancy in the council membership.\ns 17 sub 2003 No. 32 s 6\n(sec.17-ssec.1) Subsection (2) applies despite section 10 .\n(sec.17-ssec.2) The performance of a function by the council is not affected merely because of a vacancy in the council membership.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Remuneration of members","content":"### sec.18 Remuneration of members\n\nA member is entitled to be paid the fees and allowances decided by the Governor in Council.\ns 18 sub 2003 No. 32 s 6","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Council business","content":"## Council business","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conduct of business","content":"### sec.19 Conduct of business\n\nSubject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.\ns 19 sub 2003 No. 32 s 6","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Times and places of meetings","content":"### sec.20 Times and places of meetings\n\nThe council must meet at least 6 times a year.\nCouncil meetings are to be held when and where the chairperson decides.\nHowever, the chairperson must call a council meeting if asked, in writing, to do so by the Minister or at least 6 members.\nNotice of when and where a council meeting must be held, and of the business for the meeting, must be given to each member at least 5 business days before the day for the meeting.\nSubsection (1) does not limit the number of meetings the council may hold in a year.\ns 20 ins 2003 No. 32 s 6\namd 2007 No. 50 s 11\n(sec.20-ssec.1) The council must meet at least 6 times a year.\n(sec.20-ssec.2) Council meetings are to be held when and where the chairperson decides.\n(sec.20-ssec.3) However, the chairperson must call a council meeting if asked, in writing, to do so by the Minister or at least 6 members.\n(sec.20-ssec.4) Notice of when and where a council meeting must be held, and of the business for the meeting, must be given to each member at least 5 business days before the day for the meeting.\n(sec.20-ssec.5) Subsection (1) does not limit the number of meetings the council may hold in a year.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Quorum","content":"### sec.21 Quorum\n\nA quorum for the council is 6 members.\ns 21 ins 2003 No. 32 s 6","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Presiding at meetings","content":"### sec.22 Presiding at meetings\n\nThe chairperson must preside at all council meetings at which the chairperson is present.\nIf the chairperson is absent from a council meeting, but the deputy chairperson is present, the deputy chairperson must preside.\nIf the chairperson and deputy chairperson are both absent from a council meeting or the offices are vacant, a member chosen by the members present must preside.\ns 22 ins 2003 No. 32 s 6\n(sec.22-ssec.1) The chairperson must preside at all council meetings at which the chairperson is present.\n(sec.22-ssec.2) If the chairperson is absent from a council meeting, but the deputy chairperson is present, the deputy chairperson must preside.\n(sec.22-ssec.3) If the chairperson and deputy chairperson are both absent from a council meeting or the offices are vacant, a member chosen by the members present must preside.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Conduct of meetings","content":"### sec.23 Conduct of meetings\n\nA question at a council meeting is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted in the negative.\nThe council may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the council, even if it is not passed at a council meeting, if—\na majority of the council members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the council.\ns 23 ins 2003 No. 32 s 6\n(sec.23-ssec.1) A question at a council meeting is decided by a majority of the votes of the members present.\n(sec.23-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.23-ssec.3) A member present at the meeting who abstains from voting is taken to have voted in the negative.\n(sec.23-ssec.4) The council may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.23-ssec.5) A member who takes part in a council meeting under subsection (4) is taken to be present at the meeting.\n(sec.23-ssec.6) A resolution is validly made by the council, even if it is not passed at a council meeting, if— a majority of the council members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the council.\n- (a) a majority of the council members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the council.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Minutes","content":"### sec.24 Minutes\n\nThe council must keep—\nminutes of its meetings; and\na record of any resolutions made under section 23 (6) .\nSubsection (3) applies if a resolution is passed at a council meeting.\nIf asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution.\ns 24 ins 2003 No. 32 s 6\n(sec.24-ssec.1) The council must keep— minutes of its meetings; and a record of any resolutions made under section 23 (6) .\n(sec.24-ssec.2) Subsection (3) applies if a resolution is passed at a council meeting.\n(sec.24-ssec.3) If asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 23 (6) .","sortOrder":31},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Council committees","content":"## Council committees","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Committees","content":"### sec.25 Committees\n\nThe council may establish committees of the council for effectively and efficiently performing its functions.\nA committee may include a person who is not a member.\nThe council must decide the terms of reference of a committee.\nThe functions of a committee are to—\nadvise and make recommendations to the council about matters, within the scope of the council’s functions, referred by the council to the committee; and\nexercise powers delegated to it by the council.\nSee section 9 for the council’s power of delegation.\nA committee must keep a record of the decisions it makes when exercising a power delegated to it by the council.\nThe council may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.\ns 25 ins 2003 No. 32 s 6\n(sec.25-ssec.1) The council may establish committees of the council for effectively and efficiently performing its functions.\n(sec.25-ssec.2) A committee may include a person who is not a member.\n(sec.25-ssec.3) The council must decide the terms of reference of a committee.\n(sec.25-ssec.4) The functions of a committee are to— advise and make recommendations to the council about matters, within the scope of the council’s functions, referred by the council to the committee; and exercise powers delegated to it by the council. See section 9 for the council’s power of delegation.\n(sec.25-ssec.5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the council.\n(sec.25-ssec.6) The council may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.\n- (a) advise and make recommendations to the council about matters, within the scope of the council’s functions, referred by the council to the committee; and\n- (b) exercise powers delegated to it by the council. Note— See section 9 for the council’s power of delegation.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Remuneration of committee members","content":"### sec.26 Remuneration of committee members\n\nA committee member is entitled to be paid the fees and allowances decided by the chief executive.\nThe fees and allowances paid under subsection (1) must not be more than the fees and allowances payable to a member.\ns 26 ins 2003 No. 32 s 6\n(sec.26-ssec.1) A committee member is entitled to be paid the fees and allowances decided by the chief executive.\n(sec.26-ssec.2) The fees and allowances paid under subsection (1) must not be more than the fees and allowances payable to a member.","sortOrder":34},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Disclosure of interests by members and committee members","content":"## Disclosure of interests by members and committee members","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Disclosure of interests of members","content":"### sec.27 Disclosure of interests of members\n\nThis section applies to a member (the interested person ) if—\nthe interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the council; and\nthe interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a council meeting.\nUnless the council otherwise directs, the interested person must not—\nbe present when the council considers the matter; or\ntake part in a decision of the council about the matter; or\nif the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\nThe interested person must not be present when the council is considering whether to give a direction under subsection (3) .\nIf there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not—\nbe present when the council is considering whether to give a direction under subsection (3) about the interested person; or\ntake part in making the decision about giving the direction.\nSubsection (7) applies if—\nbecause of this section, a member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present.\nThe remaining members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the council’s minutes.\ns 27 ins 2003 No. 32 s 6\namd 2014 No. 61 s 9\n(sec.27-ssec.1) This section applies to a member (the interested person ) if— the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the council; and the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\n(sec.27-ssec.2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a council meeting.\n(sec.27-ssec.3) Unless the council otherwise directs, the interested person must not— be present when the council considers the matter; or take part in a decision of the council about the matter; or if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\n(sec.27-ssec.4) The interested person must not be present when the council is considering whether to give a direction under subsection (3) .\n(sec.27-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not— be present when the council is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.\n(sec.27-ssec.6) Subsection (7) applies if— because of this section, a member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present.\n(sec.27-ssec.7) The remaining members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting.\n(sec.27-ssec.8) A disclosure under subsection (2) must be recorded in the council’s minutes.\n- (a) the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the council; and\n- (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\n- (a) be present when the council considers the matter; or\n- (b) take part in a decision of the council about the matter; or\n- (c) if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\n- (a) be present when the council is considering whether to give a direction under subsection (3) about the interested person; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Disclosure of interests of committee members","content":"### sec.28 Disclosure of interests of committee members\n\nThis section applies to a committee member (the interested person ) if—\nthe interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and\nthe interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.\nUnless the committee otherwise directs, the interested person must not—\nbe present when the committee considers the matter; or\ntake part in a decision of the committee about the matter; or\nif the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\nThe interested person must not be present when the committee is considering whether to give a direction under subsection (3) .\nIf there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not—\nbe present when the committee is considering whether to give a direction under subsection (3) about the interested person; or\ntake part in making the decision about giving the direction.\nSubsection (7) applies if—\nbecause of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the committee member were present.\nThe remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting.\nA disclosure under subsection (2) must be recorded in the committee’s minutes.\ns 28 ins 2003 No. 32 s 6\namd 2014 No. 61 s 10\n(sec.28-ssec.1) This section applies to a committee member (the interested person ) if— the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\n(sec.28-ssec.2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a committee meeting.\n(sec.28-ssec.3) Unless the committee otherwise directs, the interested person must not— be present when the committee considers the matter; or take part in a decision of the committee about the matter; or if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\n(sec.28-ssec.4) The interested person must not be present when the committee is considering whether to give a direction under subsection (3) .\n(sec.28-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the matter, the other member must not— be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or take part in making the decision about giving the direction.\n(sec.28-ssec.6) Subsection (7) applies if— because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the committee member were present.\n(sec.28-ssec.7) The remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting.\n(sec.28-ssec.8) A disclosure under subsection (2) must be recorded in the committee’s minutes.\n- (a) the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and\n- (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the matter.\n- (a) be present when the committee considers the matter; or\n- (b) take part in a decision of the committee about the matter; or\n- (c) if the matter is a heritage recommendation—make an oral representation to the council under part 4 , division 5 , subdivision 2 about the recommendation.\n- (a) be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the committee member were present.","sortOrder":37},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Other provisions about the council","content":"## Other provisions about the council","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Annual report","content":"### sec.29 Annual report\n\nThe council must, by 31 October in each year, give the Minister a written report on the administration of this Act during the financial year that ended on 30 June in the year.\nThe report must include—\ninformation, required by the Minister, relating to the performance of the council’s functions under this Act; and\ninformation about the timeliness of the council’s dealings with applications under part 4 , division 5 ; and\na statement about the measures the council considers necessary to conserve Queensland’s cultural heritage.\nAs soon as practicable, but within 14 sitting days after receiving the report, the Minister must table the report in the Legislative Assembly.\ns 29 ins 2003 No. 32 s 6\namd 2007 No. 50 s 12\n(sec.29-ssec.1) The council must, by 31 October in each year, give the Minister a written report on the administration of this Act during the financial year that ended on 30 June in the year.\n(sec.29-ssec.2) The report must include— information, required by the Minister, relating to the performance of the council’s functions under this Act; and information about the timeliness of the council’s dealings with applications under part 4 , division 5 ; and a statement about the measures the council considers necessary to conserve Queensland’s cultural heritage.\n(sec.29-ssec.3) As soon as practicable, but within 14 sitting days after receiving the report, the Minister must table the report in the Legislative Assembly.\n- (a) information, required by the Minister, relating to the performance of the council’s functions under this Act; and\n- (b) information about the timeliness of the council’s dealings with applications under part 4 , division 5 ; and\n- (c) a statement about the measures the council considers necessary to conserve Queensland’s cultural heritage.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.30 Excluded matter for Corporations legislation\n\nThe council is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —\nparts 2D .1 and 2D.6;\nchapters 2K and 2L;\nparts 5.7 , 5 .7B, 5.9 and 5B.2.\ns 30 ins 2003 No. 32 s 6\n- (a) parts 2D .1 and 2D.6;\n- (b) chapters 2K and 2L;\n- (c) parts 5.7 , 5 .7B, 5.9 and 5B.2.","sortOrder":40},{"sectionNumber":"pt.3","sectionType":"part","heading":"The Queensland heritage register","content":"# The Queensland heritage register","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"The Queensland heritage register","content":"### sec.31 The Queensland heritage register\n\nThe chief executive must keep a register called the Queensland heritage register.\nThe Queensland heritage register must include a record of the following—\nState heritage places;\nprotected areas.\nAn entry in the Queensland heritage register, for each place or area, must—\ninclude enough information to identify the location and boundaries of the place or area; and\ninclude information about the history of the place or area; and\ninclude a description of the place or area; and\nif the place or area is the subject of a heritage agreement—state that fact; and\nfor a State heritage place—include a statement about the cultural heritage significance of the place related to the cultural heritage criteria; and\nfor a protected area—include a statement about the cultural heritage significance of the place relevant to the declaration of the protected area.\nAn entry in the Queensland heritage register for a place or area that is the subject of a heritage agreement may include—\nif the person or entity who entered into the agreement with the chief executive is required to carry out work or do something else under the agreement—information about the work or thing; or\nif development is permitted to be carried out in the place or area under the agreement—information about the development.\nThe chief executive may keep the Queensland heritage register in the form, including electronic form, the chief executive considers appropriate.\ns 31 amd 2003 No. 32 s 3 sch\nsub 2007 No. 50 s 13\namd 2014 No. 61 s 11\n(sec.31-ssec.1) The chief executive must keep a register called the Queensland heritage register.\n(sec.31-ssec.2) The Queensland heritage register must include a record of the following— State heritage places; protected areas.\n(sec.31-ssec.3) An entry in the Queensland heritage register, for each place or area, must— include enough information to identify the location and boundaries of the place or area; and include information about the history of the place or area; and include a description of the place or area; and if the place or area is the subject of a heritage agreement—state that fact; and for a State heritage place—include a statement about the cultural heritage significance of the place related to the cultural heritage criteria; and for a protected area—include a statement about the cultural heritage significance of the place relevant to the declaration of the protected area.\n(sec.31-ssec.4) An entry in the Queensland heritage register for a place or area that is the subject of a heritage agreement may include— if the person or entity who entered into the agreement with the chief executive is required to carry out work or do something else under the agreement—information about the work or thing; or if development is permitted to be carried out in the place or area under the agreement—information about the development.\n(sec.31-ssec.5) The chief executive may keep the Queensland heritage register in the form, including electronic form, the chief executive considers appropriate.\n- (a) State heritage places;\n- (b) protected areas.\n- (a) include enough information to identify the location and boundaries of the place or area; and\n- (b) include information about the history of the place or area; and\n- (c) include a description of the place or area; and\n- (d) if the place or area is the subject of a heritage agreement—state that fact; and\n- (e) for a State heritage place—include a statement about the cultural heritage significance of the place related to the cultural heritage criteria; and\n- (f) for a protected area—include a statement about the cultural heritage significance of the place relevant to the declaration of the protected area.\n- (a) if the person or entity who entered into the agreement with the chief executive is required to carry out work or do something else under the agreement—information about the work or thing; or\n- (b) if development is permitted to be carried out in the place or area under the agreement—information about the development.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Register to be available online","content":"### sec.32 Register to be available online\n\nThe chief executive must publish a copy of the Queensland heritage register on the department’s website.\nThe chief executive must ensure that the copy is available for inspection on the department’s website during business hours, free of charge, at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\ns 32 sub 2007 No. 50 s 13 ; 2014 No. 61 s 12\n(sec.32-ssec.1) The chief executive must publish a copy of the Queensland heritage register on the department’s website.\n(sec.32-ssec.2) The chief executive must ensure that the copy is available for inspection on the department’s website during business hours, free of charge, at— the department’s head office; and other places the chief executive considers appropriate.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Extracts from register and certificate about certain matters","content":"### sec.33 Extracts from register and certificate about certain matters\n\nThe chief executive must, on application by a person and payment of the fee prescribed under a regulation, give to the person—\na certified copy of any entry in the Queensland heritage register; or\na certificate as to whether a place or area—\nis a State heritage place or a protected area; or\nis the subject of a heritage agreement; or\nis the subject of an application to have the place entered in or removed from the register; or\nis an excluded place.\nA certified copy of an entry in the Queensland heritage register is admissible as evidence in legal proceedings and, in the absence of proof to the contrary, is to be taken as proof of the entry and of its contents.\ns 33 amd 2003 No. 32 s 3 sch ; 2007 No. 50 s 14 ; 2014 No. 61 s 13\n(sec.33-ssec.1) The chief executive must, on application by a person and payment of the fee prescribed under a regulation, give to the person— a certified copy of any entry in the Queensland heritage register; or a certificate as to whether a place or area— is a State heritage place or a protected area; or is the subject of a heritage agreement; or is the subject of an application to have the place entered in or removed from the register; or is an excluded place.\n(sec.33-ssec.2) A certified copy of an entry in the Queensland heritage register is admissible as evidence in legal proceedings and, in the absence of proof to the contrary, is to be taken as proof of the entry and of its contents.\n- (a) a certified copy of any entry in the Queensland heritage register; or\n- (b) a certificate as to whether a place or area— (i) is a State heritage place or a protected area; or (ii) is the subject of a heritage agreement; or (iii) is the subject of an application to have the place entered in or removed from the register; or (iv) is an excluded place.\n- (i) is a State heritage place or a protected area; or\n- (ii) is the subject of a heritage agreement; or\n- (iii) is the subject of an application to have the place entered in or removed from the register; or\n- (iv) is an excluded place.\n- (i) is a State heritage place or a protected area; or\n- (ii) is the subject of a heritage agreement; or\n- (iii) is the subject of an application to have the place entered in or removed from the register; or\n- (iv) is an excluded place.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Changing entries in register","content":"### sec.34 Changing entries in register\n\nThe chief executive may change an entry in the Queensland heritage register for a Queensland heritage place if the change—\nis the addition of an informative note to the entry; or\ncorrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or\nis another change to correct an error, or update information, in the entry.\nHowever, the chief executive must not, without the written agreement of the owner of a Queensland heritage place and the council—\nchange information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or\nchange a statement mentioned in section 31 (3) (e) or (f) under subsection (1) (c) , unless the change is a minor change.\nIn this section—\nminor change means a change that is only to correct a minor error or make another change that is not a change of substance.\ns 34 ins 2003 No. 32 s 7\nsub 2007 No. 50 s 15\namd 2011 No. 6 s 107 ; 2014 No. 61 s 14\n(sec.34-ssec.1) The chief executive may change an entry in the Queensland heritage register for a Queensland heritage place if the change— is the addition of an informative note to the entry; or corrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or is another change to correct an error, or update information, in the entry.\n(sec.34-ssec.2) However, the chief executive must not, without the written agreement of the owner of a Queensland heritage place and the council— change information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or change a statement mentioned in section 31 (3) (e) or (f) under subsection (1) (c) , unless the change is a minor change.\n(sec.34-ssec.3) In this section— minor change means a change that is only to correct a minor error or make another change that is not a change of substance.\n- (a) is the addition of an informative note to the entry; or\n- (b) corrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or\n- (c) is another change to correct an error, or update information, in the entry.\n- (a) change information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or\n- (b) change a statement mentioned in section 31 (3) (e) or (f) under subsection (1) (c) , unless the change is a minor change.","sortOrder":45},{"sectionNumber":"pt.4","sectionType":"part","heading":"Matters about registration of State heritage places in Queensland heritage register","content":"# Matters about registration of State heritage places in Queensland heritage register","sortOrder":46},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Criteria for entry in register as State heritage place","content":"## Criteria for entry in register as State heritage place","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Criteria for entry in register","content":"### sec.35 Criteria for entry in register\n\nA place may be entered in the Queensland heritage register as a State heritage place if it satisfies 1 or more of the following criteria—\nthe place is important in demonstrating the evolution or pattern of Queensland’s history;\nthe place demonstrates rare, uncommon or endangered aspects of Queensland’s cultural heritage;\nthe place has potential to yield information that will contribute to an understanding of Queensland’s history;\na place that has potential to contain an archaeological artefact that is an important source of information about Queensland’s history\nthe place is important in demonstrating the principal characteristics of a particular class of cultural places;\nthe place is important because of its aesthetic significance;\nthe place is important in demonstrating a high degree of creative or technical achievement at a particular period;\nthe place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;\nthe place has a special association with the life or work of a particular person, group or organisation of importance in Queensland’s history.\nA place is not to be excluded from the Queensland heritage register on the ground that places with similar characteristics have already been entered in the register.\ns 35 amd 1995 No. 40 s 21 ; 2003 No. 32 s 8 ; 2007 No. 50 s 16 ; 2014 No. 61 s 15\n(sec.35-ssec.1) A place may be entered in the Queensland heritage register as a State heritage place if it satisfies 1 or more of the following criteria— the place is important in demonstrating the evolution or pattern of Queensland’s history; the place demonstrates rare, uncommon or endangered aspects of Queensland’s cultural heritage; the place has potential to yield information that will contribute to an understanding of Queensland’s history; a place that has potential to contain an archaeological artefact that is an important source of information about Queensland’s history the place is important in demonstrating the principal characteristics of a particular class of cultural places; the place is important because of its aesthetic significance; the place is important in demonstrating a high degree of creative or technical achievement at a particular period; the place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons; the place has a special association with the life or work of a particular person, group or organisation of importance in Queensland’s history.\n(sec.35-ssec.2) A place is not to be excluded from the Queensland heritage register on the ground that places with similar characteristics have already been entered in the register.\n- (a) the place is important in demonstrating the evolution or pattern of Queensland’s history;\n- (b) the place demonstrates rare, uncommon or endangered aspects of Queensland’s cultural heritage;\n- (c) the place has potential to yield information that will contribute to an understanding of Queensland’s history; Example of a place for paragraph (c) — a place that has potential to contain an archaeological artefact that is an important source of information about Queensland’s history\n- (d) the place is important in demonstrating the principal characteristics of a particular class of cultural places;\n- (e) the place is important because of its aesthetic significance;\n- (f) the place is important in demonstrating a high degree of creative or technical achievement at a particular period;\n- (g) the place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;\n- (h) the place has a special association with the life or work of a particular person, group or organisation of importance in Queensland’s history.","sortOrder":48},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Applications for entry of places in, or removal of places from, register","content":"## Applications for entry of places in, or removal of places from, register","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Applying to enter place in, or remove place from, register","content":"### sec.36 Applying to enter place in, or remove place from, register\n\nA person or other entity may apply to the chief executive—\nto have a place entered in the Queensland heritage register as a State heritage place; or\nto have a State heritage place removed from the register.\nThe application must—\nbe in the approved form; and\ninclude the details, required in the approved form, to enable the chief executive to give the council a heritage recommendation for the application; and\nfor an application to enter a place in the register, be accompanied by—\na written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and\ninformation about the history of the place that is based on and refers to historical research; and\ncopies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and\na description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\na plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and\nfor an application to remove a State heritage place from the register, be accompanied by—\na written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place—\ninformation in the entry for the place in the register;\nhistorical research; and\ncopies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.\nAn application to remove part of a State heritage place must also include—\na description of the features of the part proposed for removal, supported by photographs, drawings or other documents showing the features; and\na plan showing the relationship between the place’s cadastral boundaries, features mentioned in paragraph (a) and the part proposed for removal.\nThe applicant may withdraw the application at any time before the council makes a decision on a heritage recommendation for the application.\nIf the chief executive makes an application under this section, sections 38 (1) (a) and 46 (1) (a) do not apply in relation to the application.\nSubsection (1) is subject to section 37 .\ns 36 sub 2007 No. 50 s 17\namd 2011 No. 6 s 108 ; 2014 No. 61 s 16\n(sec.36-ssec.1) A person or other entity may apply to the chief executive— to have a place entered in the Queensland heritage register as a State heritage place; or to have a State heritage place removed from the register.\n(sec.36-ssec.2) The application must— be in the approved form; and include the details, required in the approved form, to enable the chief executive to give the council a heritage recommendation for the application; and for an application to enter a place in the register, be accompanied by— a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and information about the history of the place that is based on and refers to historical research; and copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and a plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and for an application to remove a State heritage place from the register, be accompanied by— a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place— information in the entry for the place in the register; historical research; and copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.\n(sec.36-ssec.3) An application to remove part of a State heritage place must also include— a description of the features of the part proposed for removal, supported by photographs, drawings or other documents showing the features; and a plan showing the relationship between the place’s cadastral boundaries, features mentioned in paragraph (a) and the part proposed for removal.\n(sec.36-ssec.4) The applicant may withdraw the application at any time before the council makes a decision on a heritage recommendation for the application.\n(sec.36-ssec.5) If the chief executive makes an application under this section, sections 38 (1) (a) and 46 (1) (a) do not apply in relation to the application.\n(sec.36-ssec.6) Subsection (1) is subject to section 37 .\n- (a) to have a place entered in the Queensland heritage register as a State heritage place; or\n- (b) to have a State heritage place removed from the register.\n- (a) be in the approved form; and\n- (b) include the details, required in the approved form, to enable the chief executive to give the council a heritage recommendation for the application; and\n- (c) for an application to enter a place in the register, be accompanied by— (i) a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and (ii) information about the history of the place that is based on and refers to historical research; and (iii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and (iv) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and (v) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and\n- (i) a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and\n- (ii) information about the history of the place that is based on and refers to historical research; and\n- (iii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and\n- (iv) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\n- (v) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and\n- (d) for an application to remove a State heritage place from the register, be accompanied by— (i) a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place— (A) information in the entry for the place in the register; (B) historical research; and (ii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.\n- (i) a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place— (A) information in the entry for the place in the register; (B) historical research; and\n- (A) information in the entry for the place in the register;\n- (B) historical research; and\n- (ii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.\n- (i) a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and\n- (ii) information about the history of the place that is based on and refers to historical research; and\n- (iii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and\n- (iv) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\n- (v) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and\n- (i) a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place— (A) information in the entry for the place in the register; (B) historical research; and\n- (A) information in the entry for the place in the register;\n- (B) historical research; and\n- (ii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.\n- (A) information in the entry for the place in the register;\n- (B) historical research; and\n- (a) a description of the features of the part proposed for removal, supported by photographs, drawings or other documents showing the features; and\n- (b) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in paragraph (a) and the part proposed for removal.","sortOrder":50},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Non-complying application","content":"### sec.36A Non-complying application\n\nThis section applies if the chief executive considers an application about a place under section 36 (1) does not comply with section 36 (2) or (3) (a non-complying application ).\nThe chief executive must, within 10 business days after receiving the application, give the applicant a notice stating—\nthe application does not comply with section 36 (2) or (3) ; and\nthe reasons the chief executive considers it does not comply; and\nthe applicant may make a new application about the place under section 36 (1) that addresses the matters mentioned in paragraph (b) .\nFor this Act, a non-complying application is taken not to have been received by the chief executive.\ns 36A ins 2014 No. 61 s 17\n(sec.36A-ssec.1) This section applies if the chief executive considers an application about a place under section 36 (1) does not comply with section 36 (2) or (3) (a non-complying application ).\n(sec.36A-ssec.2) The chief executive must, within 10 business days after receiving the application, give the applicant a notice stating— the application does not comply with section 36 (2) or (3) ; and the reasons the chief executive considers it does not comply; and the applicant may make a new application about the place under section 36 (1) that addresses the matters mentioned in paragraph (b) .\n(sec.36A-ssec.3) For this Act, a non-complying application is taken not to have been received by the chief executive.\n- (a) the application does not comply with section 36 (2) or (3) ; and\n- (b) the reasons the chief executive considers it does not comply; and\n- (c) the applicant may make a new application about the place under section 36 (1) that addresses the matters mentioned in paragraph (b) .","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Particular restriction on application","content":"### sec.37 Particular restriction on application\n\nIf a place has been removed from the Queensland heritage register as a State heritage place, or the council has decided under this part not to enter a place in the register, a person or other entity can not apply to have the place entered in the register until at least 5 years after—\nthe day the place was removed from the register; or\nthe day the council decided not to enter the place in the register.\nIf a place has been entered in the Queensland heritage register as a State heritage place, or the council has decided under this part not to remove a place from the register, a person or other entity can not apply to have the place removed from the register until at least 5 years after—\nthe place was entered in the register; or\nthe council decided not to remove the place from the register.\ns 37 sub 2007 No. 50 s 17\namd 2014 No. 61 s 18\n(sec.37-ssec.1) If a place has been removed from the Queensland heritage register as a State heritage place, or the council has decided under this part not to enter a place in the register, a person or other entity can not apply to have the place entered in the register until at least 5 years after— the day the place was removed from the register; or the day the council decided not to enter the place in the register.\n(sec.37-ssec.2) If a place has been entered in the Queensland heritage register as a State heritage place, or the council has decided under this part not to remove a place from the register, a person or other entity can not apply to have the place removed from the register until at least 5 years after— the place was entered in the register; or the council decided not to remove the place from the register.\n- (a) the day the place was removed from the register; or\n- (b) the day the council decided not to enter the place in the register.\n- (a) the place was entered in the register; or\n- (b) the council decided not to remove the place from the register.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Initial notice of application","content":"### sec.38 Initial notice of application\n\nThe chief executive must, within 10 business days after receiving an application for a place—\ngive notice of its receipt to the applicant; and\nif the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and\nif the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following—\nthe day the application was received;\nfor an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;\nfor an application to have the place removed from the register—that the place is under consideration for removal from the register;\nthat the owner may give the chief executive a written submission about the application;\ninformation about the period in which the submission may be given;\nSee section 41 for the period in which a submission may be given.\nthat the owner may give the council a written response to the chief executive’s heritage recommendation about the place;\ninformation about the period in which the response may be given.\nSee section 50B for the period in which a response may be given.\nIf a notice under subsection (1) (a) or (c) is given to the owner of a place about an application to have the place entered in the Queensland heritage register, the notice must include information about the owner’s obligations under sections 58 and 59 in relation to the place.\nA copy of an application given to a local government or owner of a place under subsection (1) (b) or (c) must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.\ns 38 amd 2003 No. 32 ss 9 , 3 sch\nsub 2007 No. 50 s 17\namd 2014 No. 61 s 19\n(sec.38-ssec.1) The chief executive must, within 10 business days after receiving an application for a place— give notice of its receipt to the applicant; and if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following— the day the application was received; for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register; for an application to have the place removed from the register—that the place is under consideration for removal from the register; that the owner may give the chief executive a written submission about the application; information about the period in which the submission may be given; See section 41 for the period in which a submission may be given. that the owner may give the council a written response to the chief executive’s heritage recommendation about the place; information about the period in which the response may be given. See section 50B for the period in which a response may be given.\n(sec.38-ssec.2) If a notice under subsection (1) (a) or (c) is given to the owner of a place about an application to have the place entered in the Queensland heritage register, the notice must include information about the owner’s obligations under sections 58 and 59 in relation to the place.\n(sec.38-ssec.3) A copy of an application given to a local government or owner of a place under subsection (1) (b) or (c) must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.\n- (a) give notice of its receipt to the applicant; and\n- (b) if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and\n- (c) if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following— (i) the day the application was received; (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register; (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register; (iv) that the owner may give the chief executive a written submission about the application; (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given. (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place; (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.\n- (i) the day the application was received;\n- (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;\n- (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register;\n- (iv) that the owner may give the chief executive a written submission about the application;\n- (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given.\n- (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place;\n- (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.\n- (i) the day the application was received;\n- (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;\n- (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register;\n- (iv) that the owner may give the chief executive a written submission about the application;\n- (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given.\n- (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place;\n- (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Chief executive to publish notice of application","content":"### sec.39 Chief executive to publish notice of application\n\nThe chief executive must, within 10 business days after acting under section 38 in relation to an application for a place, publish notice of the application—\nin a newspaper circulating generally in the area in which the place is situated; and\non the department’s website.\nThe notice under subsection (1) (a) must—\ninclude enough information to identify the place; and\nstate the following—\nwhether the place is under consideration for entry in, or removal from, the Queensland heritage register;\nwhere the application may be viewed;\nthat a person or other entity may give the chief executive a written submission about the application;\nwhere the submission may be given;\ninformation about the period in which the submission may be given.\ns 39 amd 2003 No. 32 s 10\nsub 2007 No. 50 s 17\namd 2014 No. 61 s 20\n(sec.39-ssec.1) The chief executive must, within 10 business days after acting under section 38 in relation to an application for a place, publish notice of the application— in a newspaper circulating generally in the area in which the place is situated; and on the department’s website.\n(sec.39-ssec.2) The notice under subsection (1) (a) must— include enough information to identify the place; and state the following— whether the place is under consideration for entry in, or removal from, the Queensland heritage register; where the application may be viewed; that a person or other entity may give the chief executive a written submission about the application; where the submission may be given; information about the period in which the submission may be given.\n- (a) in a newspaper circulating generally in the area in which the place is situated; and\n- (b) on the department’s website.\n- (a) include enough information to identify the place; and\n- (b) state the following— (i) whether the place is under consideration for entry in, or removal from, the Queensland heritage register; (ii) where the application may be viewed; (iii) that a person or other entity may give the chief executive a written submission about the application; (iv) where the submission may be given; (v) information about the period in which the submission may be given.\n- (i) whether the place is under consideration for entry in, or removal from, the Queensland heritage register;\n- (ii) where the application may be viewed;\n- (iii) that a person or other entity may give the chief executive a written submission about the application;\n- (iv) where the submission may be given;\n- (v) information about the period in which the submission may be given.\n- (i) whether the place is under consideration for entry in, or removal from, the Queensland heritage register;\n- (ii) where the application may be viewed;\n- (iii) that a person or other entity may give the chief executive a written submission about the application;\n- (iv) where the submission may be given;\n- (v) information about the period in which the submission may be given.","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Applications to be available online","content":"### sec.40 Applications to be available online\n\nThe chief executive must publish a copy of each application on the department’s website.\nHowever, a copy of an application must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.\nThe chief executive must ensure that a copy of each application is available for inspection on the department’s website during business hours, free of charge, at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\ns 40 sub 2003 No. 32 s 11 ; 2007 No. 50 s 17 ; 2014 No. 61 s 21\n(sec.40-ssec.1) The chief executive must publish a copy of each application on the department’s website.\n(sec.40-ssec.2) However, a copy of an application must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.\n(sec.40-ssec.3) The chief executive must ensure that a copy of each application is available for inspection on the department’s website during business hours, free of charge, at— the department’s head office; and other places the chief executive considers appropriate.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":55},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Submissions and representations about applications","content":"## Submissions and representations about applications","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"When submission about application may be given to chief executive","content":"### sec.41 When submission about application may be given to chief executive\n\nA person or other entity may give the chief executive a written submission (a heritage submission ) for an application within 20 business days after notice of the application is published under section 39 (1) (a) .\nHowever, the chief executive and a person or other entity intending to give a submission under subsection (1) may, at any time before the end of the period mentioned in the subsection, agree in writing on a day (the later day ) by which the submission may be given.\nAlso, if the later day agreed to by the chief executive and a person or entity (the parties ) under subsection (2) is less than 40 business days after the notice of the application is published, the parties may, at any time before the end of the later day, agree in writing on another day (the latest day ) by which the submission may be given.\nThe later day or latest day must not be more than 40 business days after notice of the application was published.\ns 41 amd 2003 No. 32 s 3 sch\nsub 2007 No. 50 s 17\namd 2014 No. 61 s 22\n(sec.41-ssec.1) A person or other entity may give the chief executive a written submission (a heritage submission ) for an application within 20 business days after notice of the application is published under section 39 (1) (a) .\n(sec.41-ssec.2) However, the chief executive and a person or other entity intending to give a submission under subsection (1) may, at any time before the end of the period mentioned in the subsection, agree in writing on a day (the later day ) by which the submission may be given.\n(sec.41-ssec.3) Also, if the later day agreed to by the chief executive and a person or entity (the parties ) under subsection (2) is less than 40 business days after the notice of the application is published, the parties may, at any time before the end of the later day, agree in writing on another day (the latest day ) by which the submission may be given.\n(sec.41-ssec.4) The later day or latest day must not be more than 40 business days after notice of the application was published.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Basis for making submission","content":"### sec.42 Basis for making submission\n\nA heritage submission for an application must be made on the basis that the place the subject of the application does or does not satisfy the cultural heritage criteria.\ns 42 amd 2003 No. 32 ss 12 , 3 sch\nsub 2007 No. 50 s 17","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Chief executive may seek further information","content":"### sec.43 Chief executive may seek further information\n\nBefore giving the council a heritage recommendation for an application, the chief executive may ask a person or other entity the chief executive considers appropriate to make written representations to the chief executive about the place the subject of the application.\ns 43 sub 2007 No. 50 s 17","sortOrder":59},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Heritage recommendations","content":"## Heritage recommendations","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Chief executive to give heritage recommendation to council","content":"### sec.44 Chief executive to give heritage recommendation to council\n\nAfter considering the relevant material for an application, the chief executive must give a written recommendation (a heritage recommendation ) to the council about whether the place the subject of the application should be entered in, removed from (with or without variation) or stay on the Queensland heritage register.\nThe chief executive must give the council a heritage recommendation for an application by the final recommendation day for the application.\nA heritage recommendation must be accompanied by—\na copy of the application to which it relates; and\nthe heritage submissions for the application; and\nthe written representations made under section 43 about the place the subject of the application.\nIf the chief executive considers the place satisfies 1 or more of the cultural heritage criteria, the chief executive must recommend that—\nthe place be entered in the register; or\nthe place stay on the register, with or without variation.\nIf the chief executive considers the place does not satisfy any of the cultural heritage criteria, the chief executive must recommend that—\nthe place not be entered in the register; or\nthe place be removed from the register.\nIn this section—\nfinal recommendation day , for an application, means the later of the following days—\n80 business days after its receipt;\nif, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt.\nrelevant material , for an application, means the following—\nthe application;\nthe heritage submissions for the application;\nthe written representations made under section 43 about the place the subject of the application;\nother information the chief executive considers relevant to the application.\ns 44 ins 2007 No. 50 s 17\namd 2011 No. 6 s 109\n(sec.44-ssec.1) After considering the relevant material for an application, the chief executive must give a written recommendation (a heritage recommendation ) to the council about whether the place the subject of the application should be entered in, removed from (with or without variation) or stay on the Queensland heritage register.\n(sec.44-ssec.2) The chief executive must give the council a heritage recommendation for an application by the final recommendation day for the application.\n(sec.44-ssec.3) A heritage recommendation must be accompanied by— a copy of the application to which it relates; and the heritage submissions for the application; and the written representations made under section 43 about the place the subject of the application.\n(sec.44-ssec.4) If the chief executive considers the place satisfies 1 or more of the cultural heritage criteria, the chief executive must recommend that— the place be entered in the register; or the place stay on the register, with or without variation.\n(sec.44-ssec.5) If the chief executive considers the place does not satisfy any of the cultural heritage criteria, the chief executive must recommend that— the place not be entered in the register; or the place be removed from the register.\n(sec.44-ssec.6) In this section— final recommendation day , for an application, means the later of the following days— 80 business days after its receipt; if, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt. relevant material , for an application, means the following— the application; the heritage submissions for the application; the written representations made under section 43 about the place the subject of the application; other information the chief executive considers relevant to the application.\n- (a) a copy of the application to which it relates; and\n- (b) the heritage submissions for the application; and\n- (c) the written representations made under section 43 about the place the subject of the application.\n- (a) the place be entered in the register; or\n- (b) the place stay on the register, with or without variation.\n- (a) the place not be entered in the register; or\n- (b) the place be removed from the register.\n- (a) 80 business days after its receipt;\n- (b) if, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt.\n- (a) the application;\n- (b) the heritage submissions for the application;\n- (c) the written representations made under section 43 about the place the subject of the application;\n- (d) other information the chief executive considers relevant to the application.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Further consideration of application","content":"### sec.45 Further consideration of application\n\nThis section applies if the chief executive considers more time is needed to make a heritage recommendation for an application because of the matters that need to be considered in relation to the application.\nThe chief executive may at any time before 80 business days after receipt of the application, give notice to the applicant, and the owner of the place the subject of the application if the owner is not the applicant, that—\nbecause of the matters that need to be considered in relation to the application, the chief executive needs more time to make a heritage recommendation for the application; and\nThe chief executive might need more time to consider an application because of the remote location of the place the subject of the application.\nthe period within which the chief executive must make the heritage recommendation is extended to a day that is 120 business days after receipt of the application.\ns 45 ins 2007 No. 50 s 17\n(sec.45-ssec.1) This section applies if the chief executive considers more time is needed to make a heritage recommendation for an application because of the matters that need to be considered in relation to the application.\n(sec.45-ssec.2) The chief executive may at any time before 80 business days after receipt of the application, give notice to the applicant, and the owner of the place the subject of the application if the owner is not the applicant, that— because of the matters that need to be considered in relation to the application, the chief executive needs more time to make a heritage recommendation for the application; and The chief executive might need more time to consider an application because of the remote location of the place the subject of the application. the period within which the chief executive must make the heritage recommendation is extended to a day that is 120 business days after receipt of the application.\n- (a) because of the matters that need to be considered in relation to the application, the chief executive needs more time to make a heritage recommendation for the application; and Example— The chief executive might need more time to consider an application because of the remote location of the place the subject of the application.\n- (b) the period within which the chief executive must make the heritage recommendation is extended to a day that is 120 business days after receipt of the application.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notice of heritage recommendation","content":"### sec.46 Notice of heritage recommendation\n\nThe chief executive must, within 10 business days after giving the council a heritage recommendation for an application, give a copy of the recommendation to each of the following—\nthe applicant;\nif the applicant is not the owner of the place the subject of the application—the owner;\nif the applicant is not the local government for the area in which the place is situated—the local government;\nany other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\nThe copy of the heritage recommendation must be accompanied by a notice stating the person or entity to whom it is given may, within 10 business days after its receipt—\nask in writing to make oral representations to the council about the recommendation; and\nif the person or entity is the owner—tell the council in writing that the person or entity will be giving the council a written response to the recommendation.\ns 46 ins 2007 No. 50 s 17\namd 2014 No. 61 s 23\n(sec.46-ssec.1) The chief executive must, within 10 business days after giving the council a heritage recommendation for an application, give a copy of the recommendation to each of the following— the applicant; if the applicant is not the owner of the place the subject of the application—the owner; if the applicant is not the local government for the area in which the place is situated—the local government; any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\n(sec.46-ssec.2) The copy of the heritage recommendation must be accompanied by a notice stating the person or entity to whom it is given may, within 10 business days after its receipt— ask in writing to make oral representations to the council about the recommendation; and if the person or entity is the owner—tell the council in writing that the person or entity will be giving the council a written response to the recommendation.\n- (a) the applicant;\n- (b) if the applicant is not the owner of the place the subject of the application—the owner;\n- (c) if the applicant is not the local government for the area in which the place is situated—the local government;\n- (d) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\n- (a) ask in writing to make oral representations to the council about the recommendation; and\n- (b) if the person or entity is the owner—tell the council in writing that the person or entity will be giving the council a written response to the recommendation.","sortOrder":63},{"sectionNumber":"pt.4-div.4A","sectionType":"division","heading":"Destroyed place recommendations","content":"## Destroyed place recommendations","sortOrder":64},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Chief executive may give destroyed place recommendation","content":"### sec.46A Chief executive may give destroyed place recommendation\n\nThe chief executive may give the council a written recommendation (a destroyed place recommendation ) that a State heritage place be removed from the register if—\nthe place has been—\ncompletely or substantially destroyed by fire or natural disaster; or\nwholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\nthe chief executive considers the place no longer satisfies any of the cultural heritage criteria; and\nthe chief executive has consulted with the owner of the place about the proposed recommendation.\nThe destroyed place recommendation must be accompanied by—\ndetails of the complete or substantial destruction or the whole or substantial demolition; and\nreasons why the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and\ndetails of how the owner of the place was consulted with under subsection (1) (c) , and the outcome of the consultation.\ns 46A ins 2011 No. 6 s 110\namd 2014 No. 61 s 24\n(sec.46A-ssec.1) The chief executive may give the council a written recommendation (a destroyed place recommendation ) that a State heritage place be removed from the register if— the place has been— completely or substantially destroyed by fire or natural disaster; or wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and the chief executive has consulted with the owner of the place about the proposed recommendation.\n(sec.46A-ssec.2) The destroyed place recommendation must be accompanied by— details of the complete or substantial destruction or the whole or substantial demolition; and reasons why the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and details of how the owner of the place was consulted with under subsection (1) (c) , and the outcome of the consultation.\n- (a) the place has been— (i) completely or substantially destroyed by fire or natural disaster; or (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (i) completely or substantially destroyed by fire or natural disaster; or\n- (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (b) the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and\n- (c) the chief executive has consulted with the owner of the place about the proposed recommendation.\n- (i) completely or substantially destroyed by fire or natural disaster; or\n- (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (a) details of the complete or substantial destruction or the whole or substantial demolition; and\n- (b) reasons why the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and\n- (c) details of how the owner of the place was consulted with under subsection (1) (c) , and the outcome of the consultation.","sortOrder":65},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Council to decide about entry of place in, or removal of place from, register","content":"## Council to decide about entry of place in, or removal of place from, register","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Council’s role in relation to heritage or destroyed place recommendations","content":"### sec.47 Council’s role in relation to heritage or destroyed place recommendations\n\nThe council must consider and make a decision on each heritage recommendation or destroyed place recommendation it receives.\ns 47 ins 2007 No. 50 s 17\namd 2011 No. 6 s 111","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Council may seek further information","content":"### sec.48 Council may seek further information\n\nBefore making a decision on a heritage recommendation or destroyed place recommendation for a State heritage place, the council may ask a person or other entity the council considers appropriate to make written representations to the council about the place.\ns 48 ins 2007 No. 50 s 17\namd 2011 No. 6 s 112","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Request to make oral representations about heritage recommendation","content":"### sec.49 Request to make oral representations about heritage recommendation\n\nThis section applies if a person or entity is given a notice under section 46 (2) for a heritage recommendation.\nThe person or entity may, by notice given to the council, ask to make oral representations to the council before it makes a decision on the heritage recommendation.\nThe person or entity must make the request within 10 business days after receiving the notice mentioned in subsection (1) .\nIf the person or entity is the owner of the place the subject of the heritage recommendation, the council must take all reasonable steps to comply with the request.\nIf the person or entity is not the owner of the place the subject of the heritage recommendation, the council may decide to hear the person or entity if satisfied it is appropriate in the circumstances.\nIn deciding to hear a person or entity mentioned in subsection (5) , the council must have regard to—\nthe heritage submission, if any, given by the person or entity for the application to which the heritage recommendation relates; and\nwhether the person or entity has new information about the place the subject of the recommendation that is relevant to—\nthe recommendation; and\nthe cultural heritage criteria.\ns 49 ins 2007 No. 50 s 17\n(sec.49-ssec.1) This section applies if a person or entity is given a notice under section 46 (2) for a heritage recommendation.\n(sec.49-ssec.2) The person or entity may, by notice given to the council, ask to make oral representations to the council before it makes a decision on the heritage recommendation.\n(sec.49-ssec.3) The person or entity must make the request within 10 business days after receiving the notice mentioned in subsection (1) .\n(sec.49-ssec.4) If the person or entity is the owner of the place the subject of the heritage recommendation, the council must take all reasonable steps to comply with the request.\n(sec.49-ssec.5) If the person or entity is not the owner of the place the subject of the heritage recommendation, the council may decide to hear the person or entity if satisfied it is appropriate in the circumstances.\n(sec.49-ssec.6) In deciding to hear a person or entity mentioned in subsection (5) , the council must have regard to— the heritage submission, if any, given by the person or entity for the application to which the heritage recommendation relates; and whether the person or entity has new information about the place the subject of the recommendation that is relevant to— the recommendation; and the cultural heritage criteria.\n- (a) the heritage submission, if any, given by the person or entity for the application to which the heritage recommendation relates; and\n- (b) whether the person or entity has new information about the place the subject of the recommendation that is relevant to— (i) the recommendation; and (ii) the cultural heritage criteria.\n- (i) the recommendation; and\n- (ii) the cultural heritage criteria.\n- (i) the recommendation; and\n- (ii) the cultural heritage criteria.","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"How oral representations may be made","content":"### sec.50 How oral representations may be made\n\nThe council may allow a person or entity to make oral representations about a heritage recommendation in the way the council considers appropriate.\nWithout limiting subsection (1) , the council may allow a person or entity to make the representations by phone, videoconferencing or another form of electronic communication if the council considers it is reasonable in the circumstances, including, for example, because of the person’s or entity’s remote location.\ns 50 ins 2007 No. 50 s 17\n(sec.50-ssec.1) The council may allow a person or entity to make oral representations about a heritage recommendation in the way the council considers appropriate.\n(sec.50-ssec.2) Without limiting subsection (1) , the council may allow a person or entity to make the representations by phone, videoconferencing or another form of electronic communication if the council considers it is reasonable in the circumstances, including, for example, because of the person’s or entity’s remote location.","sortOrder":70},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Notice about making heritage response to heritage recommendation","content":"### sec.50A Notice about making heritage response to heritage recommendation\n\nThis section applies if the owner of a place is given a notice under section 46 (2) for a heritage recommendation about the place.\nThe owner may, by notice given to the council, tell the council that the owner will be giving the council a written response (a heritage response ) to the heritage recommendation.\nThe owner must give the notice to the council within 10 business days after receiving the notice mentioned in subsection (1) .\ns 50A ins 2014 No. 61 s 25\n(sec.50A-ssec.1) This section applies if the owner of a place is given a notice under section 46 (2) for a heritage recommendation about the place.\n(sec.50A-ssec.2) The owner may, by notice given to the council, tell the council that the owner will be giving the council a written response (a heritage response ) to the heritage recommendation.\n(sec.50A-ssec.3) The owner must give the notice to the council within 10 business days after receiving the notice mentioned in subsection (1) .","sortOrder":71},{"sectionNumber":"sec.50B","sectionType":"section","heading":"When heritage response must be given to council","content":"### sec.50B When heritage response must be given to council\n\nThis section applies if the owner of a place gives the council a notice under section 50A (2) .\nThe owner must give the heritage response to the council within 20 business days after the owner gives the notice to the council.\nHowever, the owner and council may, at any time before the end of the period mentioned in subsection (2) , agree in writing on a day (the later day ) by which the heritage response must be given.\nThe later day must not be more than 30 business days after the owner gives the notice to the council.\ns 50B ins 2014 No. 61 s 25\n(sec.50B-ssec.1) This section applies if the owner of a place gives the council a notice under section 50A (2) .\n(sec.50B-ssec.2) The owner must give the heritage response to the council within 20 business days after the owner gives the notice to the council.\n(sec.50B-ssec.3) However, the owner and council may, at any time before the end of the period mentioned in subsection (2) , agree in writing on a day (the later day ) by which the heritage response must be given.\n(sec.50B-ssec.4) The later day must not be more than 30 business days after the owner gives the notice to the council.","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Council to make decision on heritage recommendation","content":"### sec.51 Council to make decision on heritage recommendation\n\nThe council must make a decision on a heritage recommendation for an application within the later of the following periods to end—\n60 business days after receiving the recommendation;\nif the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation.\nIn making the decision, the council—\nmust have regard to all of the following—\nthe application to which the heritage recommendation relates;\nthe heritage submissions for the application;\nthe written representations made under section 43 or 48 about the place the subject of the application;\nif the council allows a person or entity to make oral representations about the recommendation—the representations;\nif the owner of the place gives the council a heritage response for the recommendation—the heritage response; and\nmay have regard to other information the council considers relevant to the application.\nWithout limiting subsection (2) (b) , the council may, in making the decision, have regard to whether the physical condition or structural integrity of the place may prevent its cultural heritage significance being preserved.\nAlso, without limiting subsection (2) (b) , the council may, in making the decision, have regard to—\nwhether the cultural heritage significance of the place is mainly because of its natural features; and\nwhether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law.\na national park under the Nature Conservation Act 1992\na place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)\ns 51 ins 2007 No. 50 s 17\namd 2014 No. 61 s 26\n(sec.51-ssec.1) The council must make a decision on a heritage recommendation for an application within the later of the following periods to end— 60 business days after receiving the recommendation; if the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation.\n(sec.51-ssec.2) In making the decision, the council— must have regard to all of the following— the application to which the heritage recommendation relates; the heritage submissions for the application; the written representations made under section 43 or 48 about the place the subject of the application; if the council allows a person or entity to make oral representations about the recommendation—the representations; if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and may have regard to other information the council considers relevant to the application.\n(sec.51-ssec.3) Without limiting subsection (2) (b) , the council may, in making the decision, have regard to whether the physical condition or structural integrity of the place may prevent its cultural heritage significance being preserved.\n(sec.51-ssec.4) Also, without limiting subsection (2) (b) , the council may, in making the decision, have regard to— whether the cultural heritage significance of the place is mainly because of its natural features; and whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law. a national park under the Nature Conservation Act 1992 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)\n- (a) 60 business days after receiving the recommendation;\n- (b) if the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation.\n- (a) must have regard to all of the following— (i) the application to which the heritage recommendation relates; (ii) the heritage submissions for the application; (iii) the written representations made under section 43 or 48 about the place the subject of the application; (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations; (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and\n- (i) the application to which the heritage recommendation relates;\n- (ii) the heritage submissions for the application;\n- (iii) the written representations made under section 43 or 48 about the place the subject of the application;\n- (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations;\n- (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and\n- (b) may have regard to other information the council considers relevant to the application.\n- (i) the application to which the heritage recommendation relates;\n- (ii) the heritage submissions for the application;\n- (iii) the written representations made under section 43 or 48 about the place the subject of the application;\n- (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations;\n- (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and\n- (a) whether the cultural heritage significance of the place is mainly because of its natural features; and\n- (b) whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law.\n- 1 a national park under the Nature Conservation Act 1992\n- 2 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)","sortOrder":73},{"sectionNumber":"sec.52","sectionType":"section","heading":"Agreement about extending time for making decision","content":"### sec.52 Agreement about extending time for making decision\n\nThis section applies if the council and the owner of a place the subject of a heritage recommendation agree that more time is needed to make a decision on the recommendation because of the matters that need to be considered in relation to it.\nThe council and the owner of the place may agree in writing to extend the day for making the decision to a day that is 100 business days after the day the council received the heritage recommendation.\nAn agreement under subsection (2) must be made before the end of 60 business days after the day the council received the heritage recommendation.\ns 52 prev s 52 om 2007 No. 50 s 28\npres s 52 ins 2007 No. 50 s 17\namd 2011 No. 6 s 142 sch\n(sec.52-ssec.1) This section applies if the council and the owner of a place the subject of a heritage recommendation agree that more time is needed to make a decision on the recommendation because of the matters that need to be considered in relation to it.\n(sec.52-ssec.2) The council and the owner of the place may agree in writing to extend the day for making the decision to a day that is 100 business days after the day the council received the heritage recommendation.\n(sec.52-ssec.3) An agreement under subsection (2) must be made before the end of 60 business days after the day the council received the heritage recommendation.","sortOrder":74},{"sectionNumber":"sec.53","sectionType":"section","heading":"Council’s decision about entering place in, or removing place from, register","content":"### sec.53 Council’s decision about entering place in, or removing place from, register\n\nThe council may decide to enter the place the subject of an application in the Queensland heritage register if the council considers it satisfies 1 or more of the cultural heritage criteria.\nThe council must decide to remove the place the subject of an application from the Queensland heritage register if the council considers it no longer satisfies any of the cultural heritage criteria.\nIn making a decision on a heritage recommendation for an application about the proposed entry of a place in the Queensland heritage register, the council may decide—\nto enter the place, as proposed in the heritage recommendation, in the register; or\nto enter the place, as varied from the heritage recommendation, in the register; or\nnot to enter the place in the register.\nIn making a decision on a heritage recommendation for an application about the proposed removal of a place from the Queensland heritage register, the council may decide—\nto remove the place from the register; or\nto vary the entry of the place in the register; or\nto leave the place in the register.\ns 53 prev s 53 om 2007 No. 50 s 28\npres s 53 ins 2007 No. 50 s 17\n(sec.53-ssec.1) The council may decide to enter the place the subject of an application in the Queensland heritage register if the council considers it satisfies 1 or more of the cultural heritage criteria.\n(sec.53-ssec.2) The council must decide to remove the place the subject of an application from the Queensland heritage register if the council considers it no longer satisfies any of the cultural heritage criteria.\n(sec.53-ssec.3) In making a decision on a heritage recommendation for an application about the proposed entry of a place in the Queensland heritage register, the council may decide— to enter the place, as proposed in the heritage recommendation, in the register; or to enter the place, as varied from the heritage recommendation, in the register; or not to enter the place in the register.\n(sec.53-ssec.4) In making a decision on a heritage recommendation for an application about the proposed removal of a place from the Queensland heritage register, the council may decide— to remove the place from the register; or to vary the entry of the place in the register; or to leave the place in the register.\n- (a) to enter the place, as proposed in the heritage recommendation, in the register; or\n- (b) to enter the place, as varied from the heritage recommendation, in the register; or\n- (c) not to enter the place in the register.\n- (a) to remove the place from the register; or\n- (b) to vary the entry of the place in the register; or\n- (c) to leave the place in the register.","sortOrder":75},{"sectionNumber":"sec.54","sectionType":"section","heading":"Notice of council’s decision","content":"### sec.54 Notice of council’s decision\n\nImmediately after making a decision on a heritage recommendation, the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.\nWithin 10 business days after receiving the advice, the chief executive must—\npublish the decision, and notice of the day it was made, in the gazette; and\ngive notice of the decision and the reasons for it to—\nthe applicant for the application to which the heritage recommendation relates; and\nif the applicant is not the owner of the place the subject of the application—the owner; and\nif the applicant is not the local government for the area in which the place is situated—the local government; and\nany other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\nIf the council’s decision on a heritage recommendation is a decision mentioned in section 53 (3) (a) or (b) , or (4)(a) or (b), the notice given under subsection (2) (b) to the owner of the place must be accompanied by an information notice about the decision.\ns 54 ins 2007 No. 50 s 17\namd 2011 No. 6 s 113\n(sec.54-ssec.1) Immediately after making a decision on a heritage recommendation, the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.\n(sec.54-ssec.2) Within 10 business days after receiving the advice, the chief executive must— publish the decision, and notice of the day it was made, in the gazette; and give notice of the decision and the reasons for it to— the applicant for the application to which the heritage recommendation relates; and if the applicant is not the owner of the place the subject of the application—the owner; and if the applicant is not the local government for the area in which the place is situated—the local government; and any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\n(sec.54-ssec.3) If the council’s decision on a heritage recommendation is a decision mentioned in section 53 (3) (a) or (b) , or (4)(a) or (b), the notice given under subsection (2) (b) to the owner of the place must be accompanied by an information notice about the decision.\n- (a) publish the decision, and notice of the day it was made, in the gazette; and\n- (b) give notice of the decision and the reasons for it to— (i) the applicant for the application to which the heritage recommendation relates; and (ii) if the applicant is not the owner of the place the subject of the application—the owner; and (iii) if the applicant is not the local government for the area in which the place is situated—the local government; and (iv) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\n- (i) the applicant for the application to which the heritage recommendation relates; and\n- (ii) if the applicant is not the owner of the place the subject of the application—the owner; and\n- (iii) if the applicant is not the local government for the area in which the place is situated—the local government; and\n- (iv) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.\n- (i) the applicant for the application to which the heritage recommendation relates; and\n- (ii) if the applicant is not the owner of the place the subject of the application—the owner; and\n- (iii) if the applicant is not the local government for the area in which the place is situated—the local government; and\n- (iv) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application.","sortOrder":76},{"sectionNumber":"sec.55","sectionType":"section","heading":"When council is taken to have made decision","content":"### sec.55 When council is taken to have made decision\n\nThis section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation.\nIf the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register.\nIf the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register.\nA decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation.\nIn this section—\nrelevant period , for a heritage recommendation, means—\n60 business days after the council receives the recommendation; or\nif the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.\ns 55 ins 2007 No. 50 s 17\namd 2014 No. 61 s 27\n(sec.55-ssec.1) This section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation.\n(sec.55-ssec.2) If the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register.\n(sec.55-ssec.3) If the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register.\n(sec.55-ssec.4) A decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation.\n(sec.55-ssec.5) In this section— relevant period , for a heritage recommendation, means— 60 business days after the council receives the recommendation; or if the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.\n- (a) 60 business days after the council receives the recommendation; or\n- (b) if the owner of the place the subject of the recommendation has given the council a notice under section 50A (2) , or if the council and the owner have agreed, under section 52 , to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation.","sortOrder":77},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice of decision under s 55","content":"### sec.56 Notice of decision under s 55\n\nIf the council is taken to have made a decision under section 55 in relation to an application, the chief executive must, as soon as practicable after the day the decision is taken to have been made, give notice of the decision to—\nthe applicant; and\nif the applicant is not the owner of the place the subject of the application—the owner.\nThe notice given under subsection (1) to the applicant must be accompanied by an information notice about the decision.\ns 56 ins 2007 No. 50 s 17\n(sec.56-ssec.1) If the council is taken to have made a decision under section 55 in relation to an application, the chief executive must, as soon as practicable after the day the decision is taken to have been made, give notice of the decision to— the applicant; and if the applicant is not the owner of the place the subject of the application—the owner.\n(sec.56-ssec.2) The notice given under subsection (1) to the applicant must be accompanied by an information notice about the decision.\n- (a) the applicant; and\n- (b) if the applicant is not the owner of the place the subject of the application—the owner.","sortOrder":78},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Council to make decision on destroyed place recommendation","content":"### sec.56A Council to make decision on destroyed place recommendation\n\nThe council must, within 60 days after receiving a destroyed place recommendation for a place, decide to either—\nremove the place from the register; or\nleave the place on the register, with or without variation.\nThe council may decide to remove a State heritage place the subject of a destroyed place recommendation from the Queensland heritage register, only if the council considers—\nthe place has been—\ncompletely or substantially destroyed by fire or natural disaster; or\nwholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\nthe place does not satisfy any of the cultural heritage criteria; and\nthe owner of the place has been consulted about the removal.\nImmediately after making a decision on a destroyed place recommendation, the council must advise the chief executive of the decision and the day it was made.\nWithin 10 business days after receiving the advice, the chief executive must—\npublish the decision, and notice of the day it was made, in the gazette; and\ngive notice of the decision to—\nthe owner of the place; and\nthe local government for the area in which the place is situated.\ns 56A ins 2011 No. 6 s 114\namd 2014 No. 61 s 28\n(sec.56A-ssec.1) The council must, within 60 days after receiving a destroyed place recommendation for a place, decide to either— remove the place from the register; or leave the place on the register, with or without variation.\n(sec.56A-ssec.2) The council may decide to remove a State heritage place the subject of a destroyed place recommendation from the Queensland heritage register, only if the council considers— the place has been— completely or substantially destroyed by fire or natural disaster; or wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and the place does not satisfy any of the cultural heritage criteria; and the owner of the place has been consulted about the removal.\n(sec.56A-ssec.3) Immediately after making a decision on a destroyed place recommendation, the council must advise the chief executive of the decision and the day it was made.\n(sec.56A-ssec.4) Within 10 business days after receiving the advice, the chief executive must— publish the decision, and notice of the day it was made, in the gazette; and give notice of the decision to— the owner of the place; and the local government for the area in which the place is situated.\n- (a) remove the place from the register; or\n- (b) leave the place on the register, with or without variation.\n- (a) the place has been— (i) completely or substantially destroyed by fire or natural disaster; or (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (i) completely or substantially destroyed by fire or natural disaster; or\n- (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (b) the place does not satisfy any of the cultural heritage criteria; and\n- (c) the owner of the place has been consulted about the removal.\n- (i) completely or substantially destroyed by fire or natural disaster; or\n- (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71 (7) ; and\n- (a) publish the decision, and notice of the day it was made, in the gazette; and\n- (b) give notice of the decision to— (i) the owner of the place; and (ii) the local government for the area in which the place is situated.\n- (i) the owner of the place; and\n- (ii) the local government for the area in which the place is situated.\n- (i) the owner of the place; and\n- (ii) the local government for the area in which the place is situated.","sortOrder":79},{"sectionNumber":"pt.4-div.5A","sectionType":"division","heading":"Excluded places","content":"## Excluded places","sortOrder":80},{"sectionNumber":"sec.56B","sectionType":"section","heading":"Place excluded from entry in Queensland heritage register as State heritage place","content":"### sec.56B Place excluded from entry in Queensland heritage register as State heritage place\n\nThe owner of a place may apply to the chief executive to have the place excluded from entry in the Queensland heritage register as a State heritage place.\nThis part applies in relation to the place and the application—\nas if the place were a State heritage place and the application were an application under section 36 to have the place removed from the register; and\nas if a reference in the part to remove a place from the register were a reference to exclude the place from entry in the register as a State heritage place; and\nas if a reference in section 44 to a place staying on the register were a reference to entering the place in the register as a State heritage place; and\nas if the reference in section 53 (2) to a place no longer satisfying any of the cultural heritage criteria were a reference to the place not satisfying any of the cultural heritage criteria; and\nas if the reference in section 53 (4) to a decision to leave a place in the register were a reference to a decision (an entry decision ) to enter the place in the register as a State heritage place; and\nas if the reference in section 54 (3) to a decision mentioned in section 53 (4) (a) or (b) included a reference to an entry decision; and\nas if the reference in section 55 (3) to the council being taken to have decided to leave a place in the register were a reference to the council being taken to have excluded the place from entry in the register as a State heritage place; and\nwith other necessary changes.\nIf the council decides to remove a State heritage place from the Queensland heritage register, or enter a place in the register, application can not be made to have the place entered in, or removed from, the register for at least 5 years—see section 37 .\ns 56B ins 2014 No. 61 s 29\n(sec.56B-ssec.1) The owner of a place may apply to the chief executive to have the place excluded from entry in the Queensland heritage register as a State heritage place.\n(sec.56B-ssec.2) This part applies in relation to the place and the application— as if the place were a State heritage place and the application were an application under section 36 to have the place removed from the register; and as if a reference in the part to remove a place from the register were a reference to exclude the place from entry in the register as a State heritage place; and as if a reference in section 44 to a place staying on the register were a reference to entering the place in the register as a State heritage place; and as if the reference in section 53 (2) to a place no longer satisfying any of the cultural heritage criteria were a reference to the place not satisfying any of the cultural heritage criteria; and as if the reference in section 53 (4) to a decision to leave a place in the register were a reference to a decision (an entry decision ) to enter the place in the register as a State heritage place; and as if the reference in section 54 (3) to a decision mentioned in section 53 (4) (a) or (b) included a reference to an entry decision; and as if the reference in section 55 (3) to the council being taken to have decided to leave a place in the register were a reference to the council being taken to have excluded the place from entry in the register as a State heritage place; and with other necessary changes. If the council decides to remove a State heritage place from the Queensland heritage register, or enter a place in the register, application can not be made to have the place entered in, or removed from, the register for at least 5 years—see section 37 .\n- (a) as if the place were a State heritage place and the application were an application under section 36 to have the place removed from the register; and\n- (b) as if a reference in the part to remove a place from the register were a reference to exclude the place from entry in the register as a State heritage place; and\n- (c) as if a reference in section 44 to a place staying on the register were a reference to entering the place in the register as a State heritage place; and\n- (d) as if the reference in section 53 (2) to a place no longer satisfying any of the cultural heritage criteria were a reference to the place not satisfying any of the cultural heritage criteria; and\n- (e) as if the reference in section 53 (4) to a decision to leave a place in the register were a reference to a decision (an entry decision ) to enter the place in the register as a State heritage place; and\n- (f) as if the reference in section 54 (3) to a decision mentioned in section 53 (4) (a) or (b) included a reference to an entry decision; and\n- (g) as if the reference in section 55 (3) to the council being taken to have decided to leave a place in the register were a reference to the council being taken to have excluded the place from entry in the register as a State heritage place; and\n- (h) with other necessary changes.","sortOrder":81},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":82},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 2003 No. 32 ss 13 , 3 sch ; 2007 No. 50 s 18\nom 2014 No. 61 s 30","sortOrder":83},{"sectionNumber":"sec.58","sectionType":"section","heading":"Obligation to give notice about proposed development","content":"### sec.58 Obligation to give notice about proposed development\n\nThis section applies to the owner of a place if—\nthe owner—\nhas applied under division 2 to have the place entered in the Queensland heritage register; or\nis given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\nthe council has not made a decision on a heritage recommendation for the application.\nThe owner must, at least 10 business days before a prescribed application is made in relation to the place, give the chief executive notice of the application, if—\nthe owner is the applicant; or\nthe application is supported by the written consent of the owner.\nMaximum penalty—100 penalty units.\nIn this section—\nprescribed application means—\nan application for a development approval; or\na change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\ns 58 ins 2007 No. 50 s 19\namd 2016 No. 27 s 378\n(sec.58-ssec.1) This section applies to the owner of a place if— the owner— has applied under division 2 to have the place entered in the Queensland heritage register; or is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and the council has not made a decision on a heritage recommendation for the application.\n(sec.58-ssec.2) The owner must, at least 10 business days before a prescribed application is made in relation to the place, give the chief executive notice of the application, if— the owner is the applicant; or the application is supported by the written consent of the owner. Maximum penalty—100 penalty units.\n(sec.58-ssec.3) In this section— prescribed application means— an application for a development approval; or a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\n- (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (b) the council has not made a decision on a heritage recommendation for the application.\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (a) the owner is the applicant; or\n- (b) the application is supported by the written consent of the owner.\n- (a) an application for a development approval; or\n- (b) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Obligation to give notice about development approvals","content":"### sec.59 Obligation to give notice about development approvals\n\nSubsection (2) applies to the owner of a place if—\nthe owner—\nhas applied under division 2 to have the place entered in the Queensland heritage register; or\nis given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\nwhen the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.\nThe owner must, within the relevant period, advise the chief executive of the development approval.\nMaximum penalty—100 penalty units.\nSubsection (4) applies to the owner of a place if—\nthe owner—\nhas applied under division 2 to have the place entered in the Queensland heritage register; or\nis given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\nwhen the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act —\nan application for a development approval;\na change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\nThe owner must, within the relevant period, advise the chief executive of the relevant application.\nMaximum penalty—100 penalty units.\nIn this section—\nrelevant period means 10 business days after the owner received a notice under section 38 (1) (a) or (c) for the application to have the place entered in the Queensland heritage register.\ns 59 ins 2007 No. 50 s 19\namd 2016 No. 27 s 379\n(sec.59-ssec.1) Subsection (2) applies to the owner of a place if— the owner— has applied under division 2 to have the place entered in the Queensland heritage register; or is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.\n(sec.59-ssec.2) The owner must, within the relevant period, advise the chief executive of the development approval. Maximum penalty—100 penalty units.\n(sec.59-ssec.3) Subsection (4) applies to the owner of a place if— the owner— has applied under division 2 to have the place entered in the Queensland heritage register; or is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act — an application for a development approval; a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\n(sec.59-ssec.4) The owner must, within the relevant period, advise the chief executive of the relevant application. Maximum penalty—100 penalty units.\n(sec.59-ssec.5) In this section— relevant period means 10 business days after the owner received a notice under section 38 (1) (a) or (c) for the application to have the place entered in the Queensland heritage register.\n- (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place.\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application ) in relation to the place had been made but not decided under the Planning Act — (i) an application for a development approval; (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\n- (i) an application for a development approval;\n- (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .\n- (i) has applied under division 2 to have the place entered in the Queensland heritage register; or\n- (ii) is given a notice under section 38 (1) (c) for an application to have the place entered in the register; and\n- (i) an application for a development approval;\n- (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act .","sortOrder":85},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":86},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":87},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":88},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":89},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":90},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":91},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":92},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":93},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 ins 2007 No. 50 s 19\nom 2014 No. 61 s 31","sortOrder":95},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 ins 2007 No. 50 s 19\namd 2011 No. 6 s 115\nom 2014 No. 61 s 31","sortOrder":96},{"sectionNumber":"pt.6","sectionType":"part","heading":"Development in Queensland heritage places and local heritage places","content":"# Development in Queensland heritage places and local heritage places","sortOrder":97},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Development on Queensland heritage place by State","content":"## Development on Queensland heritage place by State","sortOrder":98},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 sub 2003 No. 32 s 14\namd 2007 No. 50 s 20 ; 2014 No. 61 s 33\nom 2016 No. 27 s 381","sortOrder":99},{"sectionNumber":"sec.68A","sectionType":"section","heading":null,"content":"### Section sec.68A\n\ns 68A ins 2003 No. 32 s 21\nom 18 November 2005 RA s 37","sortOrder":100},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 prev s 69 om 1995 No. 40 s 23\npres s 69 ins 2007 No. 50 s 21\namd 2014 No. 61 s 34\nom 2016 No. 27 s 381","sortOrder":101},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 ins 2007 No. 50 s 21\namd 2011 No. 6 s 142 sch\nom 2016 No. 27 s 381","sortOrder":102},{"sectionNumber":"sec.71","sectionType":"section","heading":"Development by the State","content":"### sec.71 Development by the State\n\nThis section applies if the State—\nproposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering—\nthe life or health of a person; or\nthe structural safety of a building; and\ndoes not have an exemption certificate for the development.\nThe chief executive of the department or agency proposing the development must give the council a report on the proposed development.\nThe report must contain the details prescribed under a regulation.\nSubsection (5) applies if—\nthe place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or\nthe place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place.\nThe council must publish a public notice stating the following—\ndetails of the development;\nthat a person or other entity may give the council a written submission about the development;\nwhere the submission may be given;\nthat the submission must be given within 20 business days after the notice is published.\nThe council must consider the report and all submissions made about the development and recommend to the Minister proposing the development that—\nthe development may be carried out; or\nthe development may be carried out subject to stated conditions or modifications; or\nthe development should not be carried out.\nIf the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the effect of carrying out the development would be to destroy or substantially reduce the cultural heritage significance of the place, the council may only recommend the development may be carried out if it is satisfied there is no prudent and feasible alternative to carrying out the development.\nIn considering whether there is no prudent and feasible alternative to carrying out the development, the council must have regard to—\nsafety, health and economic considerations; and\nany other matters the council considers relevant.\nThe Minister proposing the development must consider the council’s recommendation and decide whether to accept or reject it.\nIf the development was publicly notified under subsection (5) , the Minister proposing the development must also give public notice of the decision under subsection (9) a reasonable time before the development starts.\ns 71 sub 2003 No. 32 s 14\namd 2007 No. 50 s 22 ; 2011 No. 6 s 142 sch ; 2014 No. 61 s 35\n(sec.71-ssec.1) This section applies if the State— proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— the life or health of a person; or the structural safety of a building; and does not have an exemption certificate for the development.\n(sec.71-ssec.2) The chief executive of the department or agency proposing the development must give the council a report on the proposed development.\n(sec.71-ssec.3) The report must contain the details prescribed under a regulation.\n(sec.71-ssec.4) Subsection (5) applies if— the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place.\n(sec.71-ssec.5) The council must publish a public notice stating the following— details of the development; that a person or other entity may give the council a written submission about the development; where the submission may be given; that the submission must be given within 20 business days after the notice is published.\n(sec.71-ssec.6) The council must consider the report and all submissions made about the development and recommend to the Minister proposing the development that— the development may be carried out; or the development may be carried out subject to stated conditions or modifications; or the development should not be carried out.\n(sec.71-ssec.7) If the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the effect of carrying out the development would be to destroy or substantially reduce the cultural heritage significance of the place, the council may only recommend the development may be carried out if it is satisfied there is no prudent and feasible alternative to carrying out the development.\n(sec.71-ssec.8) In considering whether there is no prudent and feasible alternative to carrying out the development, the council must have regard to— safety, health and economic considerations; and any other matters the council considers relevant.\n(sec.71-ssec.9) The Minister proposing the development must consider the council’s recommendation and decide whether to accept or reject it.\n(sec.71-ssec.10) If the development was publicly notified under subsection (5) , the Minister proposing the development must also give public notice of the decision under subsection (9) a reasonable time before the development starts.\n- (a) proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; and\n- (b) does not have an exemption certificate for the development.\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; and\n- (a) the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or\n- (b) the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place.\n- (a) details of the development;\n- (b) that a person or other entity may give the council a written submission about the development;\n- (c) where the submission may be given;\n- (d) that the submission must be given within 20 business days after the notice is published.\n- (a) the development may be carried out; or\n- (b) the development may be carried out subject to stated conditions or modifications; or\n- (c) the development should not be carried out.\n- (a) safety, health and economic considerations; and\n- (b) any other matters the council considers relevant.","sortOrder":103},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Exemption certificates","content":"## Exemption certificates","sortOrder":104},{"sectionNumber":"sec.71A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.71A Definitions for div 2\n\nIn this division—\ndecision-maker means—\nfor a Queensland heritage place—the chief executive; or\nfor a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated.\nheritage place means a Queensland heritage place or local heritage place.\ns 71A ins 2014 No. 61 s 36\n- (a) for a Queensland heritage place—the chief executive; or\n- (b) for a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated.","sortOrder":105},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application for exemption certificate","content":"### sec.72 Application for exemption certificate\n\nA relevant person for a heritage place may apply to the decision-maker for the place for an exemption certificate to carry out development mentioned in subsection (3) on the place.\nThe application must—\nbe in the approved form; and\nbe accompanied by all of the following—\nenough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;\na plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;\nif the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;\nif the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;\nthe fee prescribed under a regulation.\nAn exemption certificate may be given to carry out development on a heritage place only if the development—\nis permitted under a heritage agreement or local heritage agreement for the place; or\nwill not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.\nIn this section—\nrelevant person , for a heritage place, means—\nthe owner of the place; or\nwith the owner’s consent, another person who has an interest in the place.\ns 72 sub 2003 No. 32 s 14\namd 2004 No. 20 s 39 ; 2005 No. 53 s 14 7\nsub 2007 No. 50 s 23\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 37\n(sec.72-ssec.1) A relevant person for a heritage place may apply to the decision-maker for the place for an exemption certificate to carry out development mentioned in subsection (3) on the place.\n(sec.72-ssec.2) The application must— be in the approved form; and be accompanied by all of the following— enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place; a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance; if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application; if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place; the fee prescribed under a regulation.\n(sec.72-ssec.3) An exemption certificate may be given to carry out development on a heritage place only if the development— is permitted under a heritage agreement or local heritage agreement for the place; or will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.\n(sec.72-ssec.4) In this section— relevant person , for a heritage place, means— the owner of the place; or with the owner’s consent, another person who has an interest in the place.\n- (a) be in the approved form; and\n- (b) be accompanied by all of the following— (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place; (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance; (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application; (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place; (v) the fee prescribed under a regulation.\n- (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;\n- (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;\n- (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;\n- (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;\n- (v) the fee prescribed under a regulation.\n- (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;\n- (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;\n- (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;\n- (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;\n- (v) the fee prescribed under a regulation.\n- (a) is permitted under a heritage agreement or local heritage agreement for the place; or\n- (b) will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.\n- (a) the owner of the place; or\n- (b) with the owner’s consent, another person who has an interest in the place.","sortOrder":106},{"sectionNumber":"sec.73","sectionType":"section","heading":"Inquiry about application","content":"### sec.73 Inquiry about application\n\nThe decision-maker may, by notice given to the applicant, require the applicant to give the decision-maker further information the decision-maker reasonably requires to decide the application.\nThe notice must state the applicant is required to give the information to the decision-maker within 60 business days after the notice is given.\nThe applicant is taken to have withdrawn the application if, within 60 business days after the notice is given, the applicant does not comply with a requirement under subsection (1) .\nA notice under subsection (1) must be given to the applicant within 10 business days after the decision-maker receives the application.\ns 73 ins 2007 No. 50 s 23\namd 2014 No. 61 s 38\n(sec.73-ssec.1) The decision-maker may, by notice given to the applicant, require the applicant to give the decision-maker further information the decision-maker reasonably requires to decide the application.\n(sec.73-ssec.2) The notice must state the applicant is required to give the information to the decision-maker within 60 business days after the notice is given.\n(sec.73-ssec.3) The applicant is taken to have withdrawn the application if, within 60 business days after the notice is given, the applicant does not comply with a requirement under subsection (1) .\n(sec.73-ssec.4) A notice under subsection (1) must be given to the applicant within 10 business days after the decision-maker receives the application.","sortOrder":107},{"sectionNumber":"sec.74","sectionType":"section","heading":"Deciding application for exemption certificate","content":"### sec.74 Deciding application for exemption certificate\n\nThe decision-maker must decide the application within 20 business days after the later of the following—\nthe day the decision-maker receives the application;\nif, under section 73 , the applicant gives the decision-maker further information about the application—the day the decision-maker receives the information.\nIf the decision-maker approves the application, with or without conditions, the decision-maker must, as soon as practicable after approving the application, give the applicant an exemption certificate.\nIf the decision-maker refuses the application or approves it with conditions, the decision-maker must, as soon as practicable, give the applicant a notice stating the reasons for the refusal or the conditions.\ns 74 sub 2003 No. 32 s 14\namd 2007 No. 50 s 24 ; 2014 No. 61 s 39\n(sec.74-ssec.1) The decision-maker must decide the application within 20 business days after the later of the following— the day the decision-maker receives the application; if, under section 73 , the applicant gives the decision-maker further information about the application—the day the decision-maker receives the information.\n(sec.74-ssec.2) If the decision-maker approves the application, with or without conditions, the decision-maker must, as soon as practicable after approving the application, give the applicant an exemption certificate.\n(sec.74-ssec.3) If the decision-maker refuses the application or approves it with conditions, the decision-maker must, as soon as practicable, give the applicant a notice stating the reasons for the refusal or the conditions.\n- (a) the day the decision-maker receives the application;\n- (b) if, under section 73 , the applicant gives the decision-maker further information about the application—the day the decision-maker receives the information.","sortOrder":108},{"sectionNumber":"sec.75","sectionType":"section","heading":"Giving exemption certificate without application","content":"### sec.75 Giving exemption certificate without application\n\nThe decision-maker for a heritage place may give a person an exemption certificate to carry out development mentioned in section 72 (3) on the place.\nThe chief executive’s power to give an exemption certificate under this section includes the power to give a certificate (a general exemption certificate ) in relation to all Queensland heritage places or a class of Queensland heritage places.\nThe power of the chief executive officer of a local government to give an exemption certificate under this section includes the power to give a certificate (also a general exemption certificate ) in relation to all local heritage places in the local government’s area or a class of local heritage places in the area.\nAn exemption certificate, including a general exemption certificate, may be given under this section at any time, with or without conditions, and without a person having applied for the certificate under section 72 .\nThe chief executive may give a general exemption certificate under this section by publishing the certificate on the department’s website.\nThe chief executive officer of a local government may give a general exemption certificate under this section by publishing a notice in a newspaper circulating generally in the local government’s area that—\nstates the general exemption certificate has been given; and\nincludes a brief description of the exemption; and\nstates where the general exemption certificate may be viewed.\nThe chief executive officer must ensure that a copy of a general exemption certificate is available for inspection during business hours, free of charge, at the local government’s public office.\nA general exemption certificate may be made available in written or electronic form.\ns 75 sub 2003 No. 32 s 14 ; 2005 No. 53 s 148 ; 2007 No. 50 s 25\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 40\n(sec.75-ssec.1) The decision-maker for a heritage place may give a person an exemption certificate to carry out development mentioned in section 72 (3) on the place.\n(sec.75-ssec.2) The chief executive’s power to give an exemption certificate under this section includes the power to give a certificate (a general exemption certificate ) in relation to all Queensland heritage places or a class of Queensland heritage places.\n(sec.75-ssec.3) The power of the chief executive officer of a local government to give an exemption certificate under this section includes the power to give a certificate (also a general exemption certificate ) in relation to all local heritage places in the local government’s area or a class of local heritage places in the area.\n(sec.75-ssec.4) An exemption certificate, including a general exemption certificate, may be given under this section at any time, with or without conditions, and without a person having applied for the certificate under section 72 .\n(sec.75-ssec.5) The chief executive may give a general exemption certificate under this section by publishing the certificate on the department’s website.\n(sec.75-ssec.6) The chief executive officer of a local government may give a general exemption certificate under this section by publishing a notice in a newspaper circulating generally in the local government’s area that— states the general exemption certificate has been given; and includes a brief description of the exemption; and states where the general exemption certificate may be viewed.\n(sec.75-ssec.7) The chief executive officer must ensure that a copy of a general exemption certificate is available for inspection during business hours, free of charge, at the local government’s public office.\n(sec.75-ssec.8) A general exemption certificate may be made available in written or electronic form.\n- (a) states the general exemption certificate has been given; and\n- (b) includes a brief description of the exemption; and\n- (c) states where the general exemption certificate may be viewed.","sortOrder":109},{"sectionNumber":"sec.76","sectionType":"section","heading":"Compliance with conditions of exemption certificate","content":"### sec.76 Compliance with conditions of exemption certificate\n\nA person who carries out, on a heritage place, development for which an exemption certificate has been given under this division, must not contravene a condition of the certificate.\nMaximum penalty—\nfor an exemption certificate given by the chief executive—1,000 penalty units; or\nfor an exemption certificate given by the chief executive officer of a local government—100 penalty units.\ns 76 sub 2003 No. 32 s 14\namd 2005 No. 53 s 149\nsub 2007 No. 50 s 25\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 41\n- (a) for an exemption certificate given by the chief executive—1,000 penalty units; or\n- (b) for an exemption certificate given by the chief executive officer of a local government—100 penalty units.","sortOrder":110},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Development for liturgical purposes","content":"## Development for liturgical purposes","sortOrder":111},{"sectionNumber":"sec.77","sectionType":"section","heading":"Purpose of div 3","content":"### sec.77 Purpose of div 3\n\nThe purpose of this division is to provide for matters about liturgical development that is not categorised as assessable development under a regulation made under the Planning Act .\ns 77 ins 2007 No. 50 s 25\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 382","sortOrder":112},{"sectionNumber":"sec.78","sectionType":"section","heading":"When is development liturgical development","content":"### sec.78 When is development liturgical development\n\nDevelopment is liturgical development if the development—\nis in a place, or the precincts of a place, that is a place of public worship and a Queensland heritage place; and\nis required for a liturgical purpose; and\nis proposed by an official of a religious organisation with appropriate knowledge of its religious services.\ns 78 ins 2007 No. 50 s 25\namd 2011 No. 6 s 142 sch\n- (a) is in a place, or the precincts of a place, that is a place of public worship and a Queensland heritage place; and\n- (b) is required for a liturgical purpose; and\n- (c) is proposed by an official of a religious organisation with appropriate knowledge of its religious services.","sortOrder":113},{"sectionNumber":"sec.79","sectionType":"section","heading":"Notice of development","content":"### sec.79 Notice of development\n\nAt least 20 business days before starting development that is liturgical development, an official of the religious organisation proposing the development must give the chief executive a notice that—\nstates the name and position of the official; and\nincludes a brief description of the proposed development and the liturgical purpose for which it is required.\ns 79 ins 2007 No. 50 s 25\n- (a) states the name and position of the official; and\n- (b) includes a brief description of the proposed development and the liturgical purpose for which it is required.","sortOrder":114},{"sectionNumber":"pt.7","sectionType":"part","heading":"Heritage agreements and local heritage agreements","content":"# Heritage agreements and local heritage agreements","sortOrder":115},{"sectionNumber":"sec.80","sectionType":"section","heading":"Heritage agreements or local heritage agreements","content":"### sec.80 Heritage agreements or local heritage agreements\n\nThe chief executive may, after obtaining and considering the council’s advice, enter into an agreement (a heritage agreement ) for a Queensland heritage place with—\nthe owner of the place; or\nwith the owner’s consent, another person or entity who has an interest in the place.\nThe chief executive officer of a local government may enter into an agreement (a local heritage agreement ) for a local heritage place with—\nthe owner of the place; or\nwith the owner’s consent, another person or entity who has an interest in the place.\nA heritage agreement or local heritage agreement attaches to the land the subject of the agreement, unless the agreement states otherwise.\nFor when a heritage agreement that attaches to land is binding on an owner or occupier of a place, see section 174 .\nThe chief executive may, after obtaining and considering the council’s advice, change or end a heritage agreement—\nif the agreement was entered into with the owner of the Queensland heritage place—by agreement with the owner; or\nif the agreement was entered into with another person or entity—by agreement with the person or entity and the owner.\nThe chief executive officer of a local government may change or end a local heritage agreement for a local heritage place—\nif the agreement was entered into with the owner of the place—by agreement with the owner; or\nif the agreement was entered into with another person or entity—by agreement with the person or entity and owner.\ns 80 amd 2005 No. 53 s 150\nsub 2007 No. 50 s 26\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 43\n(sec.80-ssec.1) The chief executive may, after obtaining and considering the council’s advice, enter into an agreement (a heritage agreement ) for a Queensland heritage place with— the owner of the place; or with the owner’s consent, another person or entity who has an interest in the place.\n(sec.80-ssec.2) The chief executive officer of a local government may enter into an agreement (a local heritage agreement ) for a local heritage place with— the owner of the place; or with the owner’s consent, another person or entity who has an interest in the place.\n(sec.80-ssec.3) A heritage agreement or local heritage agreement attaches to the land the subject of the agreement, unless the agreement states otherwise. For when a heritage agreement that attaches to land is binding on an owner or occupier of a place, see section 174 .\n(sec.80-ssec.4) The chief executive may, after obtaining and considering the council’s advice, change or end a heritage agreement— if the agreement was entered into with the owner of the Queensland heritage place—by agreement with the owner; or if the agreement was entered into with another person or entity—by agreement with the person or entity and the owner.\n(sec.80-ssec.5) The chief executive officer of a local government may change or end a local heritage agreement for a local heritage place— if the agreement was entered into with the owner of the place—by agreement with the owner; or if the agreement was entered into with another person or entity—by agreement with the person or entity and owner.\n- (a) the owner of the place; or\n- (b) with the owner’s consent, another person or entity who has an interest in the place.\n- (a) the owner of the place; or\n- (b) with the owner’s consent, another person or entity who has an interest in the place.\n- (a) if the agreement was entered into with the owner of the Queensland heritage place—by agreement with the owner; or\n- (b) if the agreement was entered into with another person or entity—by agreement with the person or entity and the owner.\n- (a) if the agreement was entered into with the owner of the place—by agreement with the owner; or\n- (b) if the agreement was entered into with another person or entity—by agreement with the person or entity and owner.","sortOrder":116},{"sectionNumber":"sec.81","sectionType":"section","heading":"Provisions of heritage agreement or local heritage agreement","content":"### sec.81 Provisions of heritage agreement or local heritage agreement\n\nA heritage agreement or local heritage agreement may contain any provision to promote—\nthe conservation and appropriate management of the heritage place; or\nfor a Queensland heritage place—public appreciation of the importance of the place to Queensland’s cultural heritage; or\nfor a local heritage place—public appreciation of the importance of the place to local cultural heritage.\nA heritage agreement or local heritage agreement may, for example—\nrestrict the use of the heritage place; or\nrequire specified work or work of a specified kind to be carried out in accordance with specified standards in the heritage place; or\nrestrict the nature of work that may be carried out in the heritage place; or\nprovide that the heritage place is to be available for public inspection at specified times and regulate charges that may be made for admission to the heritage place; or\nprovide for financial, technical or other professional advice or assistance to the owner with respect to the maintenance or conservation of the heritage place; or\nprovide for a review of the valuation of the heritage place; or\nspecify development that may be carried out in the heritage place for which an exemption certificate will be issued.\nIn this section—\nheritage place means a Queensland heritage place or local heritage place.\ns 81 amd 2003 No. 32 s 16 ; 2007 No. 50 s 27 ; 2011 No. 6 s 142 sch\nsub 2014 No. 61 s 44\n(sec.81-ssec.1) A heritage agreement or local heritage agreement may contain any provision to promote— the conservation and appropriate management of the heritage place; or for a Queensland heritage place—public appreciation of the importance of the place to Queensland’s cultural heritage; or for a local heritage place—public appreciation of the importance of the place to local cultural heritage.\n(sec.81-ssec.2) A heritage agreement or local heritage agreement may, for example— restrict the use of the heritage place; or require specified work or work of a specified kind to be carried out in accordance with specified standards in the heritage place; or restrict the nature of work that may be carried out in the heritage place; or provide that the heritage place is to be available for public inspection at specified times and regulate charges that may be made for admission to the heritage place; or provide for financial, technical or other professional advice or assistance to the owner with respect to the maintenance or conservation of the heritage place; or provide for a review of the valuation of the heritage place; or specify development that may be carried out in the heritage place for which an exemption certificate will be issued.\n(sec.81-ssec.3) In this section— heritage place means a Queensland heritage place or local heritage place.\n- (a) the conservation and appropriate management of the heritage place; or\n- (b) for a Queensland heritage place—public appreciation of the importance of the place to Queensland’s cultural heritage; or\n- (c) for a local heritage place—public appreciation of the importance of the place to local cultural heritage.\n- (a) restrict the use of the heritage place; or\n- (b) require specified work or work of a specified kind to be carried out in accordance with specified standards in the heritage place; or\n- (c) restrict the nature of work that may be carried out in the heritage place; or\n- (d) provide that the heritage place is to be available for public inspection at specified times and regulate charges that may be made for admission to the heritage place; or\n- (e) provide for financial, technical or other professional advice or assistance to the owner with respect to the maintenance or conservation of the heritage place; or\n- (f) provide for a review of the valuation of the heritage place; or\n- (g) specify development that may be carried out in the heritage place for which an exemption certificate will be issued.","sortOrder":117},{"sectionNumber":"sec.82","sectionType":"section","heading":"Enforcement of heritage agreement or local heritage agreement—Planning and Environment Court order","content":"### sec.82 Enforcement of heritage agreement or local heritage agreement—Planning and Environment Court order\n\nIf—\na person fails to comply with a heritage agreement or local heritage agreement; or\nthere is reason to believe that a party to the agreement may fail to comply with the agreement;\nany party to the agreement may apply to the Planning and Environment Court for an order under this section.\nThe court may make such orders as may be necessary to secure compliance with the agreement, remedy the default or deal with any related or incidental matters.\ns 82 amd 1992 No 36 s 2sch 2; 2007 No. 50 s 3 sch ; 2014 No. 61 s 45\n(sec.82-ssec.1) If— a person fails to comply with a heritage agreement or local heritage agreement; or there is reason to believe that a party to the agreement may fail to comply with the agreement; any party to the agreement may apply to the Planning and Environment Court for an order under this section.\n(sec.82-ssec.2) The court may make such orders as may be necessary to secure compliance with the agreement, remedy the default or deal with any related or incidental matters.\n- (a) a person fails to comply with a heritage agreement or local heritage agreement; or\n- (b) there is reason to believe that a party to the agreement may fail to comply with the agreement;","sortOrder":118},{"sectionNumber":"pt.8","sectionType":"part","heading":"Notices about essential repair and maintenance of State heritage places and local heritage places","content":"# Notices about essential repair and maintenance of State heritage places and local heritage places","sortOrder":119},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application of pt 8","content":"### sec.83 Application of pt 8\n\nThis part applies to a local government prescribed by regulation.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) only if the Minister is satisfied the local government has appropriate procedures in place for exercising a power under section 84 in relation to the local government.\nA regulation may prescribe matters the Minister must consider in being satisfied that a local government has appropriate procedures in place.\ns 83 ins 2007 No. 50 s 29\nsub 2014 No. 61 s 46\n(sec.83-ssec.1) This part applies to a local government prescribed by regulation.\n(sec.83-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) only if the Minister is satisfied the local government has appropriate procedures in place for exercising a power under section 84 in relation to the local government.\n(sec.83-ssec.3) A regulation may prescribe matters the Minister must consider in being satisfied that a local government has appropriate procedures in place.","sortOrder":120},{"sectionNumber":"sec.84","sectionType":"section","heading":"Decision-maker may give notice about essential repair or maintenance work","content":"### sec.84 Decision-maker may give notice about essential repair or maintenance work\n\nThis section applies if the decision-maker for a heritage place reasonably believes—\nit is necessary to carry out essential repair or maintenance work on the place; and\nthe work is required to be carried out to protect the place from damage or deterioration caused by weather, fire, vandalism or insects.\nThe decision-maker may give the owner of the place a notice (a repair and maintenance notice ) requiring the owner to carry out the essential repair or maintenance work stated in the notice.\nBefore giving the repair and maintenance notice, the decision-maker must take reasonable steps to consult with the owner of the place about the essential repair or maintenance work the decision-maker believes necessary to carry out.\nThe repair and maintenance notice must state the following—\nthe essential repair or maintenance work the decision-maker requires to be carried out on the heritage place;\nthat the decision-maker believes the work is necessary to prevent damage to, or deterioration of, the place;\nthe reasons for the decision-maker’s belief;\nthat the owner of the place must carry out the stated work within the stated reasonable period;\nthat it is an offence to fail to comply with the notice unless the owner has a reasonable excuse.\nThe stated period for subsection (4) (d) must not be less than 20 business days after the owner receives the repair and maintenance notice.\nThe owner of the place must comply with the repair and maintenance notice unless the owner has a reasonable excuse.\nMaximum penalty—\nfor a repair and maintenance notice given by the chief executive—\nfor an individual—100 penalty units; or\nfor a corporation—1,000 penalty units; or\nfor a repair and maintenance notice given by the chief executive officer of a local government—\nfor an individual—75 penalty units; or\nfor a corporation—750 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\nIn this section—\ndecision-maker means—\nfor a State heritage place—the chief executive; or\nfor a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated.\nessential repair or maintenance work , in relation to a heritage place, means work of a minor nature that, if carried out on the place, would help to prevent damage to, or deterioration of, the place.\nrepairing wall or roof frames\nre-fixing loose wall or roof boards\nremoving potential fire hazards\nmaintaining existing fire management systems\nputting locks on doors and windows\nboarding up insecure openings in an unoccupied building\nshutting down electricity or gas services to an unoccupied building\ntaking steps for managing or eradicating termites or other insects\ncleaning and repairing gutters and downpipes\nheritage place means a State heritage place or local heritage place.\ns 84 ins 2007 No. 50 s 29\nsub 2014 No. 61 s 46\n(sec.84-ssec.1) This section applies if the decision-maker for a heritage place reasonably believes— it is necessary to carry out essential repair or maintenance work on the place; and the work is required to be carried out to protect the place from damage or deterioration caused by weather, fire, vandalism or insects.\n(sec.84-ssec.2) The decision-maker may give the owner of the place a notice (a repair and maintenance notice ) requiring the owner to carry out the essential repair or maintenance work stated in the notice.\n(sec.84-ssec.3) Before giving the repair and maintenance notice, the decision-maker must take reasonable steps to consult with the owner of the place about the essential repair or maintenance work the decision-maker believes necessary to carry out.\n(sec.84-ssec.4) The repair and maintenance notice must state the following— the essential repair or maintenance work the decision-maker requires to be carried out on the heritage place; that the decision-maker believes the work is necessary to prevent damage to, or deterioration of, the place; the reasons for the decision-maker’s belief; that the owner of the place must carry out the stated work within the stated reasonable period; that it is an offence to fail to comply with the notice unless the owner has a reasonable excuse.\n(sec.84-ssec.5) The stated period for subsection (4) (d) must not be less than 20 business days after the owner receives the repair and maintenance notice.\n(sec.84-ssec.6) The owner of the place must comply with the repair and maintenance notice unless the owner has a reasonable excuse. Maximum penalty— for a repair and maintenance notice given by the chief executive— for an individual—100 penalty units; or for a corporation—1,000 penalty units; or for a repair and maintenance notice given by the chief executive officer of a local government— for an individual—75 penalty units; or for a corporation—750 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\n(sec.84-ssec.7) In this section— decision-maker means— for a State heritage place—the chief executive; or for a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated. essential repair or maintenance work , in relation to a heritage place, means work of a minor nature that, if carried out on the place, would help to prevent damage to, or deterioration of, the place. repairing wall or roof frames re-fixing loose wall or roof boards removing potential fire hazards maintaining existing fire management systems putting locks on doors and windows boarding up insecure openings in an unoccupied building shutting down electricity or gas services to an unoccupied building taking steps for managing or eradicating termites or other insects cleaning and repairing gutters and downpipes heritage place means a State heritage place or local heritage place.\n- (a) it is necessary to carry out essential repair or maintenance work on the place; and\n- (b) the work is required to be carried out to protect the place from damage or deterioration caused by weather, fire, vandalism or insects.\n- (a) the essential repair or maintenance work the decision-maker requires to be carried out on the heritage place;\n- (b) that the decision-maker believes the work is necessary to prevent damage to, or deterioration of, the place;\n- (c) the reasons for the decision-maker’s belief;\n- (d) that the owner of the place must carry out the stated work within the stated reasonable period;\n- (e) that it is an offence to fail to comply with the notice unless the owner has a reasonable excuse.\n- (a) for a repair and maintenance notice given by the chief executive— (i) for an individual—100 penalty units; or (ii) for a corporation—1,000 penalty units; or\n- (i) for an individual—100 penalty units; or\n- (ii) for a corporation—1,000 penalty units; or\n- (b) for a repair and maintenance notice given by the chief executive officer of a local government— (i) for an individual—75 penalty units; or (ii) for a corporation—750 penalty units.\n- (i) for an individual—75 penalty units; or\n- (ii) for a corporation—750 penalty units.\n- (i) for an individual—100 penalty units; or\n- (ii) for a corporation—1,000 penalty units; or\n- (i) for an individual—75 penalty units; or\n- (ii) for a corporation—750 penalty units.\n- (a) for a State heritage place—the chief executive; or\n- (b) for a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated.\n- • repairing wall or roof frames\n- • re-fixing loose wall or roof boards\n- • removing potential fire hazards\n- • maintaining existing fire management systems\n- • putting locks on doors and windows\n- • boarding up insecure openings in an unoccupied building\n- • shutting down electricity or gas services to an unoccupied building\n- • taking steps for managing or eradicating termites or other insects\n- • cleaning and repairing gutters and downpipes","sortOrder":121},{"sectionNumber":"sec.85","sectionType":"section","heading":"Report to chief executive about repair and maintenance notice","content":"### sec.85 Report to chief executive about repair and maintenance notice\n\nThis section applies if the chief executive officer of a local government has given the owner of a local heritage place a repair and maintenance notice under section 84 in a financial year.\nThe chief executive officer must give the chief executive a notice stating the following before 1 August in the next financial year—\nthat it gave the repair and maintenance notice to the owner;\nwhether the owner complied with the notice.\ns 85 ins 2007 No. 50 s 29\nsub 2014 No. 61 s 46\n(sec.85-ssec.1) This section applies if the chief executive officer of a local government has given the owner of a local heritage place a repair and maintenance notice under section 84 in a financial year.\n(sec.85-ssec.2) The chief executive officer must give the chief executive a notice stating the following before 1 August in the next financial year— that it gave the repair and maintenance notice to the owner; whether the owner complied with the notice.\n- (a) that it gave the repair and maintenance notice to the owner;\n- (b) whether the owner complied with the notice.","sortOrder":122},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 ins 2007 No. 50 s 29\nom 2014 No. 61 s 46","sortOrder":123},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 ins 2007 No. 50 s 29\namd 2011 No. 6 s 116 ; 2013 No. 51 s 229 sch 1\nom 2014 No. 61 s 46","sortOrder":124},{"sectionNumber":"pt.9","sectionType":"part","heading":"Discovery and protection of archaeological artefacts and underwater cultural heritage artefacts","content":"# Discovery and protection of archaeological artefacts and underwater cultural heritage artefacts","sortOrder":125},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Offences relating to archaeological artefacts and underwater cultural heritage artefacts","content":"## Offences relating to archaeological artefacts and underwater cultural heritage artefacts","sortOrder":126},{"sectionNumber":"sec.88","sectionType":"section","heading":"Definition for div 1","content":"### sec.88 Definition for div 1\n\nIn this division—\ninterfere with includes damage, destroy, disturb, expose or move.\ns 88 amd 1995 No. 40 s 22\nsub 2003 No. 32 s 17\namd 2004 No. 20 s 41\nsub 2007 No. 50 s 30","sortOrder":127},{"sectionNumber":"sec.89","sectionType":"section","heading":"Requirement to give notice about discovery","content":"### sec.89 Requirement to give notice about discovery\n\nA person who discovers a thing the person knows or ought reasonably to know is an archaeological artefact or underwater cultural heritage artefact that is an important source of information about an aspect of Queensland’s history must give the chief executive a notice under this section.\nMaximum penalty—1,000 penalty units.\nThe notice must—\nbe in the approved form; and\nbe given to the chief executive as soon as practicable after the person discovers the thing; and\nstate where the thing was discovered; and\ninclude a description or photographs of the thing.\ns 89 amd 1995 No. 40 s 22\nsub 2003 No. 32 s 17 ; 2007 No. 50 s 30\namd 2014 No. 61 s 49\n(sec.89-ssec.1) A person who discovers a thing the person knows or ought reasonably to know is an archaeological artefact or underwater cultural heritage artefact that is an important source of information about an aspect of Queensland’s history must give the chief executive a notice under this section. Maximum penalty—1,000 penalty units.\n(sec.89-ssec.2) The notice must— be in the approved form; and be given to the chief executive as soon as practicable after the person discovers the thing; and state where the thing was discovered; and include a description or photographs of the thing.\n- (a) be in the approved form; and\n- (b) be given to the chief executive as soon as practicable after the person discovers the thing; and\n- (c) state where the thing was discovered; and\n- (d) include a description or photographs of the thing.","sortOrder":128},{"sectionNumber":"sec.90","sectionType":"section","heading":"Offence about interfering with archaeological artefact","content":"### sec.90 Offence about interfering with archaeological artefact\n\nThis section applies to an archaeological artefact for which a person has, under section 89 , given the chief executive a notice.\nA person who knows that the notice has been given must not, without the chief executive’s written consent or unless the person has a reasonable excuse, interfere with the archaeological artefact until at least 20 business days after the giving of the notice.\nMaximum penalty—1,000 penalty units.\ns 90 amd 1995 No. 40 s 22\nsub 2003 No. 32 s 17 ; 2007 No. 50 s 30\namd 2014 No. 61 s 50\n(sec.90-ssec.1) This section applies to an archaeological artefact for which a person has, under section 89 , given the chief executive a notice.\n(sec.90-ssec.2) A person who knows that the notice has been given must not, without the chief executive’s written consent or unless the person has a reasonable excuse, interfere with the archaeological artefact until at least 20 business days after the giving of the notice. Maximum penalty—1,000 penalty units.","sortOrder":129},{"sectionNumber":"sec.91","sectionType":"section","heading":"Offence about interfering with underwater cultural heritage artefact","content":"### sec.91 Offence about interfering with underwater cultural heritage artefact\n\nA person must not, without the chief executive’s written consent or unless the person has a reasonable excuse, interfere with an underwater cultural heritage artefact.\nMaximum penalty—1,000 penalty units.\ns 91 sub 2003 No. 32 s 17 ; 2007 No. 50 s 30\namd 2014 No. 61 s 51","sortOrder":130},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Provisions about ownership of particular artefacts","content":"## Provisions about ownership of particular artefacts","sortOrder":131},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Definition for div 2","content":"### sec.91A Definition for div 2\n\nIn this division—\nartefact means an archaeological artefact or underwater cultural heritage artefact.\ns 91A ins 2014 No. 61 s 53","sortOrder":132},{"sectionNumber":"sec.92","sectionType":"section","heading":"Declaration about ownership of particular artefacts","content":"### sec.92 Declaration about ownership of particular artefacts\n\nThe chief executive may, by public notice, declare that an artefact that is in, or has been removed from, a Queensland heritage place is the property of the State if the chief executive is satisfied—\nthe artefact is important to Queensland’s cultural heritage; and\na declaration under this section is necessary to help conserve the cultural heritage significance of the artefact.\nThe notice must—\ninclude enough information to identify the artefact; and\nstate that a person who suffers loss because of the exercise of the chief executive’s power under subsection (1) is entitled to apply for compensation for the loss; and\nstate how the person may apply for the compensation.\nAs soon as practicable after the notice is published, the chief executive must give a copy of it to any person the chief executive reasonably considers is likely to suffer loss because of the exercise of the chief executive’s power under subsection (1) .\ns 92 sub 2003 No. 32 s 17 ; 2007 No. 50 s 30\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 54\n(sec.92-ssec.1) The chief executive may, by public notice, declare that an artefact that is in, or has been removed from, a Queensland heritage place is the property of the State if the chief executive is satisfied— the artefact is important to Queensland’s cultural heritage; and a declaration under this section is necessary to help conserve the cultural heritage significance of the artefact.\n(sec.92-ssec.2) The notice must— include enough information to identify the artefact; and state that a person who suffers loss because of the exercise of the chief executive’s power under subsection (1) is entitled to apply for compensation for the loss; and state how the person may apply for the compensation.\n(sec.92-ssec.3) As soon as practicable after the notice is published, the chief executive must give a copy of it to any person the chief executive reasonably considers is likely to suffer loss because of the exercise of the chief executive’s power under subsection (1) .\n- (a) the artefact is important to Queensland’s cultural heritage; and\n- (b) a declaration under this section is necessary to help conserve the cultural heritage significance of the artefact.\n- (a) include enough information to identify the artefact; and\n- (b) state that a person who suffers loss because of the exercise of the chief executive’s power under subsection (1) is entitled to apply for compensation for the loss; and\n- (c) state how the person may apply for the compensation.","sortOrder":133},{"sectionNumber":"sec.93","sectionType":"section","heading":"Entitlement to compensation","content":"### sec.93 Entitlement to compensation\n\nSubject to this division, a person who suffers loss because of the exercise of the chief executive’s power under section 92 is entitled to be paid just and reasonable compensation for the loss.\ns 93 ins 2007 No. 50 s 30","sortOrder":134},{"sectionNumber":"sec.94","sectionType":"section","heading":"Applying for compensation","content":"### sec.94 Applying for compensation\n\nA person who suffers loss because of the exercise of a power under section 92 may apply to the chief executive for compensation for the loss.\nThe application must—\nbe in writing; and\nbe made within 20 business days after the notice is published; and\nstate—\ndetails of the person’s loss; and\nthe amount of compensation claimed and the grounds for the amount claimed.\nThe applicant also must give the chief executive any other relevant information reasonably required by the chief executive to decide the application.\nDespite subsection (2) (b) , the chief executive may accept a person’s application for compensation made more than 20 business days after the notice is published if the chief executive is satisfied it would be reasonable in all the circumstances to accept the application.\ns 94 ins 2007 No. 50 s 30\n(sec.94-ssec.1) A person who suffers loss because of the exercise of a power under section 92 may apply to the chief executive for compensation for the loss.\n(sec.94-ssec.2) The application must— be in writing; and be made within 20 business days after the notice is published; and state— details of the person’s loss; and the amount of compensation claimed and the grounds for the amount claimed.\n(sec.94-ssec.3) The applicant also must give the chief executive any other relevant information reasonably required by the chief executive to decide the application.\n(sec.94-ssec.4) Despite subsection (2) (b) , the chief executive may accept a person’s application for compensation made more than 20 business days after the notice is published if the chief executive is satisfied it would be reasonable in all the circumstances to accept the application.\n- (a) be in writing; and\n- (b) be made within 20 business days after the notice is published; and\n- (c) state— (i) details of the person’s loss; and (ii) the amount of compensation claimed and the grounds for the amount claimed.\n- (i) details of the person’s loss; and\n- (ii) the amount of compensation claimed and the grounds for the amount claimed.\n- (i) details of the person’s loss; and\n- (ii) the amount of compensation claimed and the grounds for the amount claimed.","sortOrder":135},{"sectionNumber":"sec.95","sectionType":"section","heading":"Lapsing of application","content":"### sec.95 Lapsing of application\n\nIf an application for compensation is made under this division, the chief executive may make a requirement under section 94 (3) for information to decide the application by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the chief executive; and\nthat, if the information is not given to the chief executive by the stated time, the application will lapse.\nThe stated time must be reasonable and, in any case, at least 20 business days after the requirement is made.\nThe chief executive may give the applicant a further notice extending or further extending the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\nA notice may be given under subsection (3) even if the time to which it relates has lapsed.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\ns 95 ins 2007 No. 50 s 30\n(sec.95-ssec.1) If an application for compensation is made under this division, the chief executive may make a requirement under section 94 (3) for information to decide the application by giving the applicant a notice stating— the required information; and the time by which the information must be given to the chief executive; and that, if the information is not given to the chief executive by the stated time, the application will lapse.\n(sec.95-ssec.2) The stated time must be reasonable and, in any case, at least 20 business days after the requirement is made.\n(sec.95-ssec.3) The chief executive may give the applicant a further notice extending or further extending the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.95-ssec.4) A notice may be given under subsection (3) even if the time to which it relates has lapsed.\n(sec.95-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the chief executive; and\n- (c) that, if the information is not given to the chief executive by the stated time, the application will lapse.","sortOrder":136},{"sectionNumber":"sec.96","sectionType":"section","heading":"Deciding application","content":"### sec.96 Deciding application\n\nThe chief executive must consider and decide an accepted application within 60 days after the last of the following to happen—\nthe chief executive receives the application;\nthe chief executive receives all necessary information to decide the application.\nIf the chief executive has not decided an accepted application within the period stated in subsection (1) for the application, the chief executive is taken to have refused to pay compensation.\nIn this section—\naccepted application means an application made under section 94 (2) or an application the chief executive accepts under section 94 (4) .\ns 96 ins 2007 No. 50 s 30\n(sec.96-ssec.1) The chief executive must consider and decide an accepted application within 60 days after the last of the following to happen— the chief executive receives the application; the chief executive receives all necessary information to decide the application.\n(sec.96-ssec.2) If the chief executive has not decided an accepted application within the period stated in subsection (1) for the application, the chief executive is taken to have refused to pay compensation.\n(sec.96-ssec.3) In this section— accepted application means an application made under section 94 (2) or an application the chief executive accepts under section 94 (4) .\n- (a) the chief executive receives the application;\n- (b) the chief executive receives all necessary information to decide the application.","sortOrder":137},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice about decision","content":"### sec.97 Notice about decision\n\nAs soon as practicable after deciding the application, the chief executive must give the applicant a notice about the decision.\nIf the chief executive decides to pay compensation, the notice must—\nstate details of the amount and how the amount was assessed; and\nif the amount is less than the amount claimed—be accompanied by a QCAT information notice.\nIf the chief executive decides not to pay compensation, the notice must be accompanied by a QCAT information notice for the decision.\nIn this section—\nQCAT information notice means an information notice complying with the QCAT Act , section 157 (2) .\ns 97 ins 2007 No. 50 s 30\nsub 2009 No. 24 s 907\n(sec.97-ssec.1) As soon as practicable after deciding the application, the chief executive must give the applicant a notice about the decision.\n(sec.97-ssec.2) If the chief executive decides to pay compensation, the notice must— state details of the amount and how the amount was assessed; and if the amount is less than the amount claimed—be accompanied by a QCAT information notice.\n(sec.97-ssec.3) If the chief executive decides not to pay compensation, the notice must be accompanied by a QCAT information notice for the decision.\n(sec.97-ssec.4) In this section— QCAT information notice means an information notice complying with the QCAT Act , section 157 (2) .\n- (a) state details of the amount and how the amount was assessed; and\n- (b) if the amount is less than the amount claimed—be accompanied by a QCAT information notice.","sortOrder":138},{"sectionNumber":"sec.98","sectionType":"section","heading":"External review of compensation decisions","content":"### sec.98 External review of compensation decisions\n\nAn applicant for the payment of compensation under this division who is dissatisfied with the following decisions of the chief executive may apply, as provided under the QCAT Act , to QCAT for a review of the decision—\na refusal to pay compensation;\na decision about the amount of compensation.\ns 98 ins 2007 No. 50 s 30\nsub 2009 No. 24 s 908\n- (a) a refusal to pay compensation;\n- (b) a decision about the amount of compensation.","sortOrder":139},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 2007 No. 50 s 30\nom 2009 No. 24 s 908","sortOrder":140},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 2007 No. 50 s 30\nom 2009 No. 24 s 908","sortOrder":141},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 2007 No. 50 s 30\nom 2009 No. 24 s 908","sortOrder":142},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 ins 2007 No. 50 s 30\nom 2009 No. 24 s 908","sortOrder":143},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"pt.10","sectionType":"part","heading":"Protected areas","content":"# Protected areas","sortOrder":145},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Declaration of, and entry to, protected areas","content":"## Declaration of, and entry to, protected areas","sortOrder":146},{"sectionNumber":"sec.103","sectionType":"section","heading":"Declaration of protected areas","content":"### sec.103 Declaration of protected areas\n\nA regulation may declare an area containing a place of cultural heritage significance to be a protected area.\ns 103 sub 2003 No. 32 s 17\namd 2007 No. 50 s 31","sortOrder":147},{"sectionNumber":"sec.104","sectionType":"section","heading":"Offence to destroy protected area","content":"### sec.104 Offence to destroy protected area\n\nA person must not enter or interfere with a protected area unless the person—\nis acting under a permit to enter the protected area; or\notherwise has a reasonable excuse.\nMaximum penalty—\nfor an individual—1,700 penalty units;\nfor a corporation—17,000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\nFor subsection (1) , it is a reasonable excuse if the entering or interfering happens under a heritage agreement or an exemption certificate for the protected area.\nIn this section—\ninterfere with includes the following—\ndamage;\ndestroy;\nexcavate.\ns 104 amd 1995 No. 40 s 22\nsub 2003 No. 32 s 17\namd 2007 No. 50 s 32 ; 2013 No. 51 s 229 sch 1\n(sec.104-ssec.1) A person must not enter or interfere with a protected area unless the person— is acting under a permit to enter the protected area; or otherwise has a reasonable excuse. Maximum penalty— for an individual—1,700 penalty units; for a corporation—17,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\n(sec.104-ssec.2) For subsection (1) , it is a reasonable excuse if the entering or interfering happens under a heritage agreement or an exemption certificate for the protected area.\n(sec.104-ssec.3) In this section— interfere with includes the following— damage; destroy; excavate.\n- (a) is acting under a permit to enter the protected area; or\n- (b) otherwise has a reasonable excuse.\n- (a) for an individual—1,700 penalty units;\n- (b) for a corporation—17,000 penalty units.\n- (a) damage;\n- (b) destroy;\n- (c) excavate.","sortOrder":148},{"sectionNumber":"sec.105","sectionType":"section","heading":"Applying for permit to enter a protected area","content":"### sec.105 Applying for permit to enter a protected area\n\nA person may apply for a permit to enter a protected area.\nThe application must be—\nmade to the chief executive in the approved form; and\nsupported by enough information to enable the chief executive to decide the application; and\nsupported by the written consent of the owner of the land to be entered within the protected area; and\naccompanied by the fee prescribed under a regulation.\ns 105 sub 2003 No. 32 s 17\namd 2004 No. 20 s 42\n(sec.105-ssec.1) A person may apply for a permit to enter a protected area.\n(sec.105-ssec.2) The application must be— made to the chief executive in the approved form; and supported by enough information to enable the chief executive to decide the application; and supported by the written consent of the owner of the land to be entered within the protected area; and accompanied by the fee prescribed under a regulation.\n- (a) made to the chief executive in the approved form; and\n- (b) supported by enough information to enable the chief executive to decide the application; and\n- (c) supported by the written consent of the owner of the land to be entered within the protected area; and\n- (d) accompanied by the fee prescribed under a regulation.","sortOrder":149},{"sectionNumber":"sec.106","sectionType":"section","heading":"Additional information may be required","content":"### sec.106 Additional information may be required\n\nThe chief executive may require—\nthe applicant to give additional information about the application; or\nany information included in the application, or any additional information required under paragraph (a) , to be verified by statutory declaration.\ns 106 sub 2003 No. 32 s 17\n- (a) the applicant to give additional information about the application; or\n- (b) any information included in the application, or any additional information required under paragraph (a) , to be verified by statutory declaration.","sortOrder":150},{"sectionNumber":"sec.107","sectionType":"section","heading":"Approving an application for a permit to enter a protected area","content":"### sec.107 Approving an application for a permit to enter a protected area\n\nIf the chief executive is satisfied the application should be approved, the chief executive must—\napprove the application, with or without conditions; and\nwithin 10 business days after approving the application, give the applicant a permit to enter the protected area.\nThe permit applies for the period stated in it.\nThe conditions may, for example—\nrequire that operations after entry be supervised by a person with appropriate qualifications and experience stated in the condition; or\nrequire that the operations after entry be carried out as required by stated professional standards; or\nmake provision for the way in which artefacts of possible cultural heritage significance uncovered in the course of the operations must be dealt with; or\nrequire the holder of the permit to pay stated fees, or fees calculated under a stated scale, for the evaluation, cataloguing and curation of artefacts uncovered during the operations; or\nas far as circumstances permit, require the artefacts to be kept and preserved in the Queensland Museum.\nA person must not contravene a condition of a permit.\nMaximum penalty for subsection (4) —1,000 penalty units.\ns 107 sub 2003 No. 32 s 17\namd 2007 No. 50 s 3 sch\n(sec.107-ssec.1) If the chief executive is satisfied the application should be approved, the chief executive must— approve the application, with or without conditions; and within 10 business days after approving the application, give the applicant a permit to enter the protected area.\n(sec.107-ssec.2) The permit applies for the period stated in it.\n(sec.107-ssec.3) The conditions may, for example— require that operations after entry be supervised by a person with appropriate qualifications and experience stated in the condition; or require that the operations after entry be carried out as required by stated professional standards; or make provision for the way in which artefacts of possible cultural heritage significance uncovered in the course of the operations must be dealt with; or require the holder of the permit to pay stated fees, or fees calculated under a stated scale, for the evaluation, cataloguing and curation of artefacts uncovered during the operations; or as far as circumstances permit, require the artefacts to be kept and preserved in the Queensland Museum.\n(sec.107-ssec.4) A person must not contravene a condition of a permit. Maximum penalty for subsection (4) —1,000 penalty units.\n- (a) approve the application, with or without conditions; and\n- (b) within 10 business days after approving the application, give the applicant a permit to enter the protected area.\n- (a) require that operations after entry be supervised by a person with appropriate qualifications and experience stated in the condition; or\n- (b) require that the operations after entry be carried out as required by stated professional standards; or\n- (c) make provision for the way in which artefacts of possible cultural heritage significance uncovered in the course of the operations must be dealt with; or\n- (d) require the holder of the permit to pay stated fees, or fees calculated under a stated scale, for the evaluation, cataloguing and curation of artefacts uncovered during the operations; or\n- (e) as far as circumstances permit, require the artefacts to be kept and preserved in the Queensland Museum.","sortOrder":151},{"sectionNumber":"sec.108","sectionType":"section","heading":"Refusing an application for a permit to enter a protected area","content":"### sec.108 Refusing an application for a permit to enter a protected area\n\nIf the chief executive is not satisfied the application should be approved, the chief executive must—\nrefuse the application; and\nwithin 10 business days after deciding the application should not be approved, give the applicant written notice of the refusal.\nThe chief executive may refuse the application if the chief executive is satisfied the applicant—\ndoes not have the necessary expertise or experience to be given the permit; or\ndoes not have a sufficient reason to enter the area; or\nis not a suitable person to hold the permit.\nthe applicant has been convicted of an offence against this Act, another Act dealing with cultural heritage or a similar law of another State, or has held a similar permit that has been cancelled under this Act, another Act dealing with cultural heritage or a similar law of another State\nSubsection (2) does not limit the grounds on which the chief executive may refuse the application.\ns 108 ins 2003 No. 32 s 17\n(sec.108-ssec.1) If the chief executive is not satisfied the application should be approved, the chief executive must— refuse the application; and within 10 business days after deciding the application should not be approved, give the applicant written notice of the refusal.\n(sec.108-ssec.2) The chief executive may refuse the application if the chief executive is satisfied the applicant— does not have the necessary expertise or experience to be given the permit; or does not have a sufficient reason to enter the area; or is not a suitable person to hold the permit. the applicant has been convicted of an offence against this Act, another Act dealing with cultural heritage or a similar law of another State, or has held a similar permit that has been cancelled under this Act, another Act dealing with cultural heritage or a similar law of another State\n(sec.108-ssec.3) Subsection (2) does not limit the grounds on which the chief executive may refuse the application.\n- (a) refuse the application; and\n- (b) within 10 business days after deciding the application should not be approved, give the applicant written notice of the refusal.\n- (a) does not have the necessary expertise or experience to be given the permit; or\n- (b) does not have a sufficient reason to enter the area; or\n- (c) is not a suitable person to hold the permit.","sortOrder":152},{"sectionNumber":"sec.109","sectionType":"section","heading":"Chief executive may cancel a permit to enter a protected area","content":"### sec.109 Chief executive may cancel a permit to enter a protected area\n\nThe chief executive may cancel a permit to enter a protected area on the following grounds—\nthe conditions of the protected area have changed;\nit has become unsafe to enter or remain in the protected area;\nthe permit holder has not complied with a condition of the permit or a requirement of this Act;\nthe holder has been convicted of an offence against this Act;\nthe permit was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by the holder.\ns 109 ins 2003 No. 32 s 17\n- (a) the conditions of the protected area have changed;\n- (b) it has become unsafe to enter or remain in the protected area;\n- (c) the permit holder has not complied with a condition of the permit or a requirement of this Act;\n- (d) the holder has been convicted of an offence against this Act;\n- (e) the permit was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by the holder.","sortOrder":153},{"sectionNumber":"sec.110","sectionType":"section","heading":"Procedure for cancelling a permit to enter a protected area","content":"### sec.110 Procedure for cancelling a permit to enter a protected area\n\nIf the chief executive is satisfied a permit to enter a protected area should be cancelled, the chief executive must give the permit holder a notice inviting the permit holder to show cause why the permit should not be cancelled.\nThe notice must state—\nthe facts and circumstances forming the basis for the chief executive’s belief that the permit should be cancelled; and\nthat representations may be made about the proposed cancellation; and\nhow the representations may be made; and\nwhere the representations may be made or sent; and\na day and time by which the representations must be made.\nThe day stated in the notice must be at least 20 business days after the notice is given.\nIf, after considering any submission about the proposed cancellation, the chief executive is still satisfied the permit should be cancelled, the chief executive must decide to cancel the permit.\nThe chief executive must give the permit holder written notice of the decision within 10 business days after the decision is made.\nThe cancellation takes effect on—\nif the applicant does not appeal against the decision—the day the period for appeals ends; or\nif the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or\nif the applicant appeals against the decision and the appeal is dismissed—the day the appeal is ended.\ns 110 ins 2003 No. 32 s 17\n(sec.110-ssec.1) If the chief executive is satisfied a permit to enter a protected area should be cancelled, the chief executive must give the permit holder a notice inviting the permit holder to show cause why the permit should not be cancelled.\n(sec.110-ssec.2) The notice must state— the facts and circumstances forming the basis for the chief executive’s belief that the permit should be cancelled; and that representations may be made about the proposed cancellation; and how the representations may be made; and where the representations may be made or sent; and a day and time by which the representations must be made.\n(sec.110-ssec.3) The day stated in the notice must be at least 20 business days after the notice is given.\n(sec.110-ssec.4) If, after considering any submission about the proposed cancellation, the chief executive is still satisfied the permit should be cancelled, the chief executive must decide to cancel the permit.\n(sec.110-ssec.5) The chief executive must give the permit holder written notice of the decision within 10 business days after the decision is made.\n(sec.110-ssec.6) The cancellation takes effect on— if the applicant does not appeal against the decision—the day the period for appeals ends; or if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is ended.\n- (a) the facts and circumstances forming the basis for the chief executive’s belief that the permit should be cancelled; and\n- (b) that representations may be made about the proposed cancellation; and\n- (c) how the representations may be made; and\n- (d) where the representations may be made or sent; and\n- (e) a day and time by which the representations must be made.\n- (a) if the applicant does not appeal against the decision—the day the period for appeals ends; or\n- (b) if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or\n- (c) if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is ended.","sortOrder":154},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":155},{"sectionNumber":"sec.111","sectionType":"section","heading":"Appeals about permit to enter protected area","content":"### sec.111 Appeals about permit to enter protected area\n\nThis section applies if the chief executive—\nrefuses a person’s application for a permit to enter a protected area; or\ngrants a person’s application for a permit to enter a protected area, subject to conditions; or\ncancels a person’s permit to enter a protected area.\nThe person may, within 20 business days after receiving the permit or the notice of the chief executive’s refusal or cancellation, appeal the chief executive’s action to the Planning and Environment Court.\nHowever, if the appeal is against the cancellation of a permit to enter a protected area, and the cancellation is on the ground that the person has been convicted of an offence against this Act, the appeal may be made within 20 business days after—\nthe day the period for appeals against the conviction ends; or\nif an appeal is made against the conviction—the day the appeal is ended.\nSubsection (3) applies only to the extent it provides a later time for making an appeal than subsection (2) provides.\nThe Planning and Environment Court Act 2016 , part 5 , division 1 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act.\ns 111 ins 2003 No. 32 s 17\namd 2007 No. 50 s 33 ; 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 383\n(sec.111-ssec.1) This section applies if the chief executive— refuses a person’s application for a permit to enter a protected area; or grants a person’s application for a permit to enter a protected area, subject to conditions; or cancels a person’s permit to enter a protected area.\n(sec.111-ssec.2) The person may, within 20 business days after receiving the permit or the notice of the chief executive’s refusal or cancellation, appeal the chief executive’s action to the Planning and Environment Court.\n(sec.111-ssec.3) However, if the appeal is against the cancellation of a permit to enter a protected area, and the cancellation is on the ground that the person has been convicted of an offence against this Act, the appeal may be made within 20 business days after— the day the period for appeals against the conviction ends; or if an appeal is made against the conviction—the day the appeal is ended.\n(sec.111-ssec.4) Subsection (3) applies only to the extent it provides a later time for making an appeal than subsection (2) provides.\n(sec.111-ssec.5) The Planning and Environment Court Act 2016 , part 5 , division 1 , with any changes the court considers appropriate, applies to the appeal as if the appeal were a Planning Act appeal under that Act.\n- (a) refuses a person’s application for a permit to enter a protected area; or\n- (b) grants a person’s application for a permit to enter a protected area, subject to conditions; or\n- (c) cancels a person’s permit to enter a protected area.\n- (a) the day the period for appeals against the conviction ends; or\n- (b) if an appeal is made against the conviction—the day the appeal is ended.","sortOrder":156},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":157},{"sectionNumber":"pt.11","sectionType":"part","heading":"Provisions about places of cultural heritage significance in local government areas","content":"# Provisions about places of cultural heritage significance in local government areas","sortOrder":158},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Identifying places of local cultural heritage significance","content":"## Identifying places of local cultural heritage significance","sortOrder":159},{"sectionNumber":"sec.112","sectionType":"section","heading":"Local government to identify places in planning scheme or local heritage register","content":"### sec.112 Local government to identify places in planning scheme or local heritage register\n\nA local government must identify places in its local government area that are of cultural heritage significance for the area—\nin its planning scheme; or\nin a register (a local heritage register ) kept by the local government.\ns 112 ins 2007 No. 50 s 34\nsub 2014 No. 61 s 56\namd 2016 No. 27 s 384\n- (a) in its planning scheme; or\n- (b) in a register (a local heritage register ) kept by the local government.","sortOrder":160},{"sectionNumber":"pt.11-div.1A","sectionType":"division","heading":"Chief executive’s recommendation about a place","content":"## Chief executive’s recommendation about a place","sortOrder":161},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Chief executive may recommend place becomes a local heritage place","content":"### sec.112A Chief executive may recommend place becomes a local heritage place\n\nThis section applies if the chief executive is satisfied a place is of cultural heritage significance for a local government area.\nThe chief executive may, by notice given to the local government for the area, recommend the local government take the action mentioned in section 112 the local government considers appropriate to conserve the cultural heritage significance of the place.\nThe notice must include—\nenough information to identify the location and boundaries of the place; and\na statement about the cultural heritage significance of the place; and\ninformation to support the statement.\ns 112A ins 2014 No. 61 s 56\namd 2016 No. 27 s 385\n(sec.112A-ssec.1) This section applies if the chief executive is satisfied a place is of cultural heritage significance for a local government area.\n(sec.112A-ssec.2) The chief executive may, by notice given to the local government for the area, recommend the local government take the action mentioned in section 112 the local government considers appropriate to conserve the cultural heritage significance of the place.\n(sec.112A-ssec.3) The notice must include— enough information to identify the location and boundaries of the place; and a statement about the cultural heritage significance of the place; and information to support the statement.\n- (a) enough information to identify the location and boundaries of the place; and\n- (b) a statement about the cultural heritage significance of the place; and\n- (c) information to support the statement.","sortOrder":162},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Local government to act on chief executive’s recommendation","content":"### sec.112B Local government to act on chief executive’s recommendation\n\nThis section applies if—\nthe chief executive gives a local government a notice about a place under section 112A (2) ; and\nthe local government keeps a local heritage register.\nThe local government must propose to enter the place in the register.\ns 112B ins 2014 No. 61 s 56\n(sec.112B-ssec.1) This section applies if— the chief executive gives a local government a notice about a place under section 112A (2) ; and the local government keeps a local heritage register.\n(sec.112B-ssec.2) The local government must propose to enter the place in the register.\n- (a) the chief executive gives a local government a notice about a place under section 112A (2) ; and\n- (b) the local government keeps a local heritage register.","sortOrder":163},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Local heritage registers","content":"## Local heritage registers","sortOrder":164},{"sectionNumber":"sec.113","sectionType":"section","heading":"Form and availability of local heritage register","content":"### sec.113 Form and availability of local heritage register\n\nA local government may keep its local heritage register in the form, including electronic form, it considers appropriate.\nA local government must ensure its local heritage register, or a copy of its local heritage register, is available for inspection during business hours, free of charge, at the local government’s public office.\ns 113 ins 2007 No. 50 s 34\nsub 2014 No. 61 s 57\n(sec.113-ssec.1) A local government may keep its local heritage register in the form, including electronic form, it considers appropriate.\n(sec.113-ssec.2) A local government must ensure its local heritage register, or a copy of its local heritage register, is available for inspection during business hours, free of charge, at the local government’s public office.","sortOrder":165},{"sectionNumber":"sec.114","sectionType":"section","heading":"Content of register","content":"### sec.114 Content of register\n\nA local heritage register must include, for each place entered in the register under division 3 —\nenough information to identify the location and boundaries of the place; and\na statement about the cultural heritage significance of the place.\ns 114 ins 2007 No. 50 s 34\n- (a) enough information to identify the location and boundaries of the place; and\n- (b) a statement about the cultural heritage significance of the place.","sortOrder":166},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Entry of places in, and removal of places from, local heritage registers","content":"## Entry of places in, and removal of places from, local heritage registers","sortOrder":167},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 ins 2007 No. 50 s 34\nom 2014 No. 61 s 58","sortOrder":168},{"sectionNumber":"sec.116","sectionType":"section","heading":"Local government to propose entry of place in, or removal of place from, local heritage register","content":"### sec.116 Local government to propose entry of place in, or removal of place from, local heritage register\n\nA local government may, on its own initiative, propose to enter a place in its local heritage register if—\nthe place is in the local government’s area; and\nthe local government reasonably considers the place is a place of cultural heritage significance for its area.\nA local government must propose to remove a place from its local heritage register if the local government is satisfied it is no longer a place of cultural heritage significance for its area.\ns 116 ins 2007 No. 50 s 34\namd 2014 No. 61 s 59\n(sec.116-ssec.1) A local government may, on its own initiative, propose to enter a place in its local heritage register if— the place is in the local government’s area; and the local government reasonably considers the place is a place of cultural heritage significance for its area.\n(sec.116-ssec.3) A local government must propose to remove a place from its local heritage register if the local government is satisfied it is no longer a place of cultural heritage significance for its area.\n- (a) the place is in the local government’s area; and\n- (b) the local government reasonably considers the place is a place of cultural heritage significance for its area.","sortOrder":169},{"sectionNumber":"sec.117","sectionType":"section","heading":"Notice of proposal","content":"### sec.117 Notice of proposal\n\nIf a local government proposes to enter a place in, or remove a place from, its local heritage register, the local government must—\ngive the owner of the place notice of the proposal; and\nwithin 10 business days after giving the notice under paragraph (a) , publish the notice in a newspaper circulating generally in its area.\nThe notice must—\ninclude enough information to identify the place; and\nstate the following—\nwhether the place is under consideration for entry in, or removal from, the local government’s local heritage register;\nthe reasons for the proposed entry or removal;\nthat a person or other entity may give the local government a written submission about the proposal;\nwhere the submission may be given and the basis on which it may be given;\nthat the submission must be given to the local government within 20 business days after the notice is published.\nA submission under subsection (2) must be made on the basis that the place is or is not a place of cultural heritage significance for the local government’s area.\ns 117 ins 2007 No. 50 s 34\namd 2014 No. 61 s 60\n(sec.117-ssec.1) If a local government proposes to enter a place in, or remove a place from, its local heritage register, the local government must— give the owner of the place notice of the proposal; and within 10 business days after giving the notice under paragraph (a) , publish the notice in a newspaper circulating generally in its area.\n(sec.117-ssec.2) The notice must— include enough information to identify the place; and state the following— whether the place is under consideration for entry in, or removal from, the local government’s local heritage register; the reasons for the proposed entry or removal; that a person or other entity may give the local government a written submission about the proposal; where the submission may be given and the basis on which it may be given; that the submission must be given to the local government within 20 business days after the notice is published.\n(sec.117-ssec.3) A submission under subsection (2) must be made on the basis that the place is or is not a place of cultural heritage significance for the local government’s area.\n- (a) give the owner of the place notice of the proposal; and\n- (b) within 10 business days after giving the notice under paragraph (a) , publish the notice in a newspaper circulating generally in its area.\n- (a) include enough information to identify the place; and\n- (b) state the following— (i) whether the place is under consideration for entry in, or removal from, the local government’s local heritage register; (ii) the reasons for the proposed entry or removal; (iii) that a person or other entity may give the local government a written submission about the proposal; (iv) where the submission may be given and the basis on which it may be given; (v) that the submission must be given to the local government within 20 business days after the notice is published.\n- (i) whether the place is under consideration for entry in, or removal from, the local government’s local heritage register;\n- (ii) the reasons for the proposed entry or removal;\n- (iii) that a person or other entity may give the local government a written submission about the proposal;\n- (iv) where the submission may be given and the basis on which it may be given;\n- (v) that the submission must be given to the local government within 20 business days after the notice is published.\n- (i) whether the place is under consideration for entry in, or removal from, the local government’s local heritage register;\n- (ii) the reasons for the proposed entry or removal;\n- (iii) that a person or other entity may give the local government a written submission about the proposal;\n- (iv) where the submission may be given and the basis on which it may be given;\n- (v) that the submission must be given to the local government within 20 business days after the notice is published.","sortOrder":170},{"sectionNumber":"sec.118","sectionType":"section","heading":"Local government to consider submissions and other information","content":"### sec.118 Local government to consider submissions and other information\n\nBefore deciding to enter a place in, or remove a place from, its local heritage register, a local government—\nmust have regard to—\nthe submissions received under section 117 about the proposal to enter or remove the place; and\nif the chief executive gave a notice to the local government under section 112A (2) —the information about the place included in the notice; and\nmay have regard to other information the local government considers relevant.\ns 118 ins 2007 No. 50 s 34\namd 2014 No. 61 s 61\n- (a) must have regard to— (i) the submissions received under section 117 about the proposal to enter or remove the place; and (ii) if the chief executive gave a notice to the local government under section 112A (2) —the information about the place included in the notice; and\n- (i) the submissions received under section 117 about the proposal to enter or remove the place; and\n- (ii) if the chief executive gave a notice to the local government under section 112A (2) —the information about the place included in the notice; and\n- (b) may have regard to other information the local government considers relevant.\n- (i) the submissions received under section 117 about the proposal to enter or remove the place; and\n- (ii) if the chief executive gave a notice to the local government under section 112A (2) —the information about the place included in the notice; and","sortOrder":171},{"sectionNumber":"sec.119","sectionType":"section","heading":"Local government resolution to enter place in, or remove place from, local heritage register","content":"### sec.119 Local government resolution to enter place in, or remove place from, local heritage register\n\nA local government may, by resolution, decide to enter a place in its local heritage register if—\nthe place is in the local government’s area; and\nthe local government is satisfied it is a place of cultural heritage significance for its area.\nA local government may, by resolution, decide to remove a place from its local heritage register if the local government is satisfied the place is no longer a place of cultural heritage significance for its area.\nA decision under subsection (1) or (2) must be made by the local government within 80 business days after the notice under section 117 is published for the place.\ns 119 ins 2007 No. 50 s 34\n(sec.119-ssec.1) A local government may, by resolution, decide to enter a place in its local heritage register if— the place is in the local government’s area; and the local government is satisfied it is a place of cultural heritage significance for its area.\n(sec.119-ssec.2) A local government may, by resolution, decide to remove a place from its local heritage register if the local government is satisfied the place is no longer a place of cultural heritage significance for its area.\n(sec.119-ssec.3) A decision under subsection (1) or (2) must be made by the local government within 80 business days after the notice under section 117 is published for the place.\n- (a) the place is in the local government’s area; and\n- (b) the local government is satisfied it is a place of cultural heritage significance for its area.","sortOrder":172},{"sectionNumber":"sec.120","sectionType":"section","heading":"Notice of decision","content":"### sec.120 Notice of decision\n\nIf a local government decides to enter a place in, or remove a place from, its local heritage register, the local government must, within 10 business days after making the decision, give notice of the decision and the reasons for it to—\nthe owner of the place; and\nany other person or entity, if the person or entity gave the local government a submission under section 117 about the proposal to enter or remove the place.\ns 120 ins 2007 No. 50 s 34\n- (a) the owner of the place; and\n- (b) any other person or entity, if the person or entity gave the local government a submission under section 117 about the proposal to enter or remove the place.","sortOrder":173},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Assessing development under Planning Act","content":"## Assessing development under Planning Act","sortOrder":174},{"sectionNumber":"sec.121","sectionType":"section","heading":"Particular matters for assessing development on a local heritage place on a local heritage register","content":"### sec.121 Particular matters for assessing development on a local heritage place on a local heritage register\n\nThis section applies to development on a local heritage place on a local heritage register.\nA regulation may prescribe—\nassessment benchmarks for the Planning Act for the assessment of the development under that Act, other than an assessment carried out by the planning chief executive; or\nfor the Planning Act , the matters a referral agency under that Act other than the planning chief executive—\nmust or may assess a development application for the development against; or\nmust or may assess a development application for the development having regard to.\ns 121 ins 2007 No. 50 s 34\namd 2009 No. 36 s 872 sch 2 ; 2014 No. 61 s 63\nsub 2016 No. 27 s 386\n(sec.121-ssec.1) This section applies to development on a local heritage place on a local heritage register.\n(sec.121-ssec.2) A regulation may prescribe— assessment benchmarks for the Planning Act for the assessment of the development under that Act, other than an assessment carried out by the planning chief executive; or for the Planning Act , the matters a referral agency under that Act other than the planning chief executive— must or may assess a development application for the development against; or must or may assess a development application for the development having regard to.\n- (a) assessment benchmarks for the Planning Act for the assessment of the development under that Act, other than an assessment carried out by the planning chief executive; or\n- (b) for the Planning Act , the matters a referral agency under that Act other than the planning chief executive— (i) must or may assess a development application for the development against; or (ii) must or may assess a development application for the development having regard to.\n- (i) must or may assess a development application for the development against; or\n- (ii) must or may assess a development application for the development having regard to.\n- (i) must or may assess a development application for the development against; or\n- (ii) must or may assess a development application for the development having regard to.","sortOrder":175},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":176},{"sectionNumber":"sec.122","sectionType":"section","heading":"Changing entries in register","content":"### sec.122 Changing entries in register\n\nA local government may change an entry for a place in its local heritage register if the change—\nis the addition of an informative note to the entry; or\ncorrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or\nis another change to correct an error, or update information, in the entry.\nHowever, the local government must not, without the written agreement of the owner of a place—\nchange information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or\nchange a statement mentioned in section 114 (b) for the place under subsection (1) (c) , unless the change is a minor change.\nIn this section—\nminor change means a change that is only to correct a minor error or make another change that is not a change of substance.\ns 122 ins 2007 No. 50 s 34\namd 2011 No. 6 s 117 ; 2014 No. 61 s 64\n(sec.122-ssec.1) A local government may change an entry for a place in its local heritage register if the change— is the addition of an informative note to the entry; or corrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or is another change to correct an error, or update information, in the entry.\n(sec.122-ssec.2) However, the local government must not, without the written agreement of the owner of a place— change information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or change a statement mentioned in section 114 (b) for the place under subsection (1) (c) , unless the change is a minor change.\n(sec.122-ssec.3) In this section— minor change means a change that is only to correct a minor error or make another change that is not a change of substance.\n- (a) is the addition of an informative note to the entry; or\n- (b) corrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or\n- (c) is another change to correct an error, or update information, in the entry.\n- (a) change information that identifies a boundary for the place under subsection (1) (b) , unless the change is a minor change; or\n- (b) change a statement mentioned in section 114 (b) for the place under subsection (1) (c) , unless the change is a minor change.","sortOrder":177},{"sectionNumber":"sec.123","sectionType":"section","heading":"Local heritage register may be adopted in planning scheme","content":"### sec.123 Local heritage register may be adopted in planning scheme\n\nA local government’s planning scheme may, under the Statutory Instruments Act 1992 , section 23 , apply, adopt or incorporate its local heritage register.\ns 123 ins 2007 No. 50 s 34\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 387","sortOrder":178},{"sectionNumber":"sec.124","sectionType":"section","heading":"Provision about entitlement to claim compensation","content":"### sec.124 Provision about entitlement to claim compensation\n\nThis section applies if a place is entered in a local government’s local heritage register under division 3 .\nFor the Planning Act , chapter 2 , part 4 , division 2 , the entry of the place in the local heritage register is taken to be an adverse planning change to the local government’s planning scheme.\nAn owner of the place at the time the change mentioned in subsection (2) happens is entitled to claim compensation under the Planning Act , section 31 , in relation to the change.\nFor claiming compensation—\nthe change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and\nthe local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and\nthe Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes.\nHowever, an owner is not entitled to claim compensation under the Planning Act , section 31 in relation to the change more than once.\ns 124 ins 2007 No. 50 s 34\namd 2009 No. 36 s 872 sch 2 ; 2014 No. 61 s 65 ; 2016 No. 27 s 388\n(sec.124-ssec.1) This section applies if a place is entered in a local government’s local heritage register under division 3 .\n(sec.124-ssec.2) For the Planning Act , chapter 2 , part 4 , division 2 , the entry of the place in the local heritage register is taken to be an adverse planning change to the local government’s planning scheme.\n(sec.124-ssec.3) An owner of the place at the time the change mentioned in subsection (2) happens is entitled to claim compensation under the Planning Act , section 31 , in relation to the change.\n(sec.124-ssec.4) For claiming compensation— the change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and the local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and the Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes.\n(sec.124-ssec.5) However, an owner is not entitled to claim compensation under the Planning Act , section 31 in relation to the change more than once.\n- (a) the change mentioned in subsection (2) has effect as if the local government’s planning scheme were amended to the extent of the change; and\n- (b) the local government’s planning scheme that was in effect before the amendment mentioned in paragraph (a) happens is taken to be a superseded planning scheme under the Planning Act ; and\n- (c) the Planning Act , chapter 2 , part 4 , division 2 , applies in relation to the claim with any necessary changes.","sortOrder":179},{"sectionNumber":"pt.12","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":180},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Authorised persons","content":"## Authorised persons","sortOrder":181},{"sectionNumber":"sec.125","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.125 Appointment and qualifications\n\nThe chief executive may, by instrument in writing, appoint a public service officer or public service employee as an authorised person.\nThe chief executive officer of a local government may, by instrument in writing, appoint a local government employee of the local government as an authorised person.\nHowever, the administering executive may appoint a person as an authorised person only if the administering executive is satisfied the person is appropriately qualified for appointment.\nIn this section—\nlocal government employee means—\na local government employee under the Local Government Act 2009 ; or\na council employee under the City of Brisbane Act 2010 .\ns 125 sub 2003 No. 32 s 18\namd 2016 No. 61 s 12 ; 2022 No. 34 s 365 sch 3\n(sec.125-ssec.1) The chief executive may, by instrument in writing, appoint a public service officer or public service employee as an authorised person.\n(sec.125-ssec.2) The chief executive officer of a local government may, by instrument in writing, appoint a local government employee of the local government as an authorised person.\n(sec.125-ssec.3) However, the administering executive may appoint a person as an authorised person only if the administering executive is satisfied the person is appropriately qualified for appointment.\n(sec.125-ssec.4) In this section— local government employee means— a local government employee under the Local Government Act 2009 ; or a council employee under the City of Brisbane Act 2010 .\n- (a) a local government employee under the Local Government Act 2009 ; or\n- (b) a council employee under the City of Brisbane Act 2010 .","sortOrder":182},{"sectionNumber":"sec.126","sectionType":"section","heading":"Functions and general powers of authorised persons","content":"### sec.126 Functions and general powers of authorised persons\n\nAn authorised person appointed by the chief executive has the following functions—\nto inspect places, or artefacts in a place, for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place;\nto conduct investigations and inspections to monitor and enforce compliance with—\nthis Act; and\nthe Planning Act , so far as it relates to assessable development completely or partly for a Queensland heritage place.\nAn authorised person appointed by the chief executive officer of a local government has the following functions—\nto inspect places, or artefacts in a place, in the local government’s area for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place;\nto conduct investigations and inspections to monitor and enforce compliance with—\nthe local heritage provisions for the local government’s area; and\nthe Planning Act , so far as it relates to assessable development completely or partly for a local heritage place in the local government’s local heritage register.\nFor performing an authorised person’s functions under this Act, an authorised person has the powers given under this Act.\nAn authorised person is subject to the directions of the administering executive in exercising the powers.\nIn this section—\nlocal heritage provision , for a local government area, means a following provision of this Act to the extent it relates to a local heritage place in the area of the local government—\npart 6 , division 2 , if the chief executive officer is the decision-maker for the local heritage place;\npart 7 ;\npart 8 , if the local government is prescribed by regulation under section 83 .\ns 126 sub 2003 No. 32 s 18\namd 2004 No. 20 s 43 ; 2007 No. 50 s 3 sch ; 2011 No. 6 s 142 sch ; 2016 No. 61 s 13\n(sec.126-ssec.1) An authorised person appointed by the chief executive has the following functions— to inspect places, or artefacts in a place, for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place; to conduct investigations and inspections to monitor and enforce compliance with— this Act; and the Planning Act , so far as it relates to assessable development completely or partly for a Queensland heritage place.\n(sec.126-ssec.2) An authorised person appointed by the chief executive officer of a local government has the following functions— to inspect places, or artefacts in a place, in the local government’s area for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place; to conduct investigations and inspections to monitor and enforce compliance with— the local heritage provisions for the local government’s area; and the Planning Act , so far as it relates to assessable development completely or partly for a local heritage place in the local government’s local heritage register.\n(sec.126-ssec.3) For performing an authorised person’s functions under this Act, an authorised person has the powers given under this Act.\n(sec.126-ssec.4) An authorised person is subject to the directions of the administering executive in exercising the powers.\n(sec.126-ssec.5) In this section— local heritage provision , for a local government area, means a following provision of this Act to the extent it relates to a local heritage place in the area of the local government— part 6 , division 2 , if the chief executive officer is the decision-maker for the local heritage place; part 7 ; part 8 , if the local government is prescribed by regulation under section 83 .\n- (a) to inspect places, or artefacts in a place, for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place;\n- (b) to conduct investigations and inspections to monitor and enforce compliance with— (i) this Act; and (ii) the Planning Act , so far as it relates to assessable development completely or partly for a Queensland heritage place.\n- (i) this Act; and\n- (ii) the Planning Act , so far as it relates to assessable development completely or partly for a Queensland heritage place.\n- (i) this Act; and\n- (ii) the Planning Act , so far as it relates to assessable development completely or partly for a Queensland heritage place.\n- (a) to inspect places, or artefacts in a place, in the local government’s area for the purpose of deciding or recording the cultural heritage significance of the places or artefacts in the place;\n- (b) to conduct investigations and inspections to monitor and enforce compliance with— (i) the local heritage provisions for the local government’s area; and (ii) the Planning Act , so far as it relates to assessable development completely or partly for a local heritage place in the local government’s local heritage register.\n- (i) the local heritage provisions for the local government’s area; and\n- (ii) the Planning Act , so far as it relates to assessable development completely or partly for a local heritage place in the local government’s local heritage register.\n- (i) the local heritage provisions for the local government’s area; and\n- (ii) the Planning Act , so far as it relates to assessable development completely or partly for a local heritage place in the local government’s local heritage register.\n- (a) part 6 , division 2 , if the chief executive officer is the decision-maker for the local heritage place;\n- (b) part 7 ;\n- (c) part 8 , if the local government is prescribed by regulation under section 83 .","sortOrder":183},{"sectionNumber":"sec.127","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.127 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\nWithout limiting subsection (1) or (2) , the instrument of appointment for an authorised person appointed by the chief executive officer of a local government must state the local heritage provisions for the local government’s area for which the authorised person is appointed.\nIn this section—\nlocal heritage provision , for a local government area, see section 126 (5) .\nsigned notice means a notice signed by the administering executive.\ns 127 sub 2003 No. 32 s 18\namd 2016 No. 61 s 14\n(sec.127-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.127-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\n(sec.127-ssec.3) Without limiting subsection (1) or (2) , the instrument of appointment for an authorised person appointed by the chief executive officer of a local government must state the local heritage provisions for the local government’s area for which the authorised person is appointed.\n(sec.127-ssec.4) In this section— local heritage provision , for a local government area, see section 126 (5) . signed notice means a notice signed by the administering executive.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":184},{"sectionNumber":"sec.128","sectionType":"section","heading":"Issue of identity card","content":"### sec.128 Issue of identity card\n\nThe administering executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the person; and\ncontain a copy of the person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the giving of a single identity card to a person for this Act and other purposes.\ns 128 sub 2003 No. 32 s 18\namd 2016 No. 61 s 15\n(sec.128-ssec.1) The administering executive must issue an identity card to each authorised person.\n(sec.128-ssec.2) The identity card must— contain a recent photo of the person; and contain a copy of the person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.128-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the person; and\n- (b) contain a copy of the person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":185},{"sectionNumber":"sec.129","sectionType":"section","heading":"Production or display of identity card","content":"### sec.129 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 133 (1) (b) or (2) .\ns 129 ins 2003 No. 32 s 18\n(sec.129-ssec.1) In exercising a power under this Act in relation to a person, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.129-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.129-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place as mentioned in section 133 (1) (b) or (2) .\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":186},{"sectionNumber":"sec.130","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.130 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 131 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\ns 130 ins 2003 No. 32 s 18\n(sec.130-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 131 takes effect.\n(sec.130-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.130-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 131 takes effect.","sortOrder":187},{"sectionNumber":"sec.131","sectionType":"section","heading":"Resignation","content":"### sec.131 Resignation\n\nAn authorised person may resign by signed notice given to the administering executive.\nHowever, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.\ns 131 ins 2003 No. 32 s 18\namd 2016 No. 61 s 16\n(sec.131-ssec.1) An authorised person may resign by signed notice given to the administering executive.\n(sec.131-ssec.2) However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.","sortOrder":188},{"sectionNumber":"sec.132","sectionType":"section","heading":"Return of identity card","content":"### sec.132 Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the administering executive within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse.\nMaximum penalty—\nfor an authorised person appointed by the chief executive—20 penalty units; or\nfor an authorised person appointed by the chief executive officer of a local government—10 penalty units.\ns 132 ins 2003 No. 32 s 18\namd 2016 No. 61 s 17\n- (a) for an authorised person appointed by the chief executive—20 penalty units; or\n- (b) for an authorised person appointed by the chief executive officer of a local government—10 penalty units.","sortOrder":189},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":190},{"sectionNumber":"sec.133","sectionType":"section","heading":"Authorised person’s power to enter places","content":"### sec.133 Authorised person’s power to enter places\n\nAn authorised person may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is a place of business and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a place of business does not include a part of the place where a person resides.\ns 133 ins 2003 No. 32 s 18\n(sec.133-ssec.1) An authorised person may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is a place of business and is— open for carrying on the business; or otherwise open for entry.\n(sec.133-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.133-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":191},{"sectionNumber":"sec.134","sectionType":"section","heading":"Entry with consent","content":"### sec.134 Entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 133 (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 134 ins 2003 No. 32 s 18\n(sec.134-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 133 (1) (a) .\n(sec.134-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.134-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgment of the consent.\n(sec.134-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.134-ssec.5) If the occupier signs the acknowledgment, the authorised person must immediately give a copy to the occupier.\n(sec.134-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":192},{"sectionNumber":"sec.135","sectionType":"section","heading":"Application for warrant","content":"### sec.135 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 135 ins 2003 No. 32 s 18\n(sec.135-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.135-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.135-ssec.3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":193},{"sectionNumber":"sec.136","sectionType":"section","heading":"Issue of warrant","content":"### sec.136 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat any authorised person or a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised person’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\ns 136 ins 2003 No. 32 s 18\namd 2004 No. 20 s 44 ; 2007 No. 50 s 3 sch ; 2011 No. 6 s 118\n(sec.136-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.136-ssec.2) The warrant must state— that any authorised person or a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act or of a development offence under the Planning Act ; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that any authorised person or a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this part; and","sortOrder":194},{"sectionNumber":"sec.137","sectionType":"section","heading":"Special warrants","content":"### sec.137 Special warrants\n\nAn authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nBefore applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\nThe authorised person may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised person—\nthe magistrate must tell the authorised person—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant is issued; and\nthe authorised person must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\ns 137 ins 2003 No. 32 s 18\n(sec.137-ssec.1) An authorised person may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised person considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.137-ssec.2) Before applying for the special warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought.\n(sec.137-ssec.3) The authorised person may apply for the special warrant before the application is sworn.\n(sec.137-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy (a facsimile warrant ) to the authorised person if it is reasonably practicable to fax the copy.\n(sec.137-ssec.5) If it is not reasonably practicable to fax a copy to the authorised person— the magistrate must tell the authorised person— what the terms of the special warrant are; and the date and time the special warrant is issued; and the authorised person must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.137-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.137-ssec.7) The authorised person must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.137-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.137-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) the magistrate must tell the authorised person— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (b) the authorised person must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":195},{"sectionNumber":"sec.138","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.138 Warrants—procedure before entry\n\nThis section applies if an authorised person is intending to enter a place under a warrant issued under this part.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 138 ins 2003 No. 32 s 18\namd 2011 No. 6 s 119\n(sec.138-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant issued under this part.\n(sec.138-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.138-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 137 (6) , a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":196},{"sectionNumber":"sec.139","sectionType":"section","heading":"General powers for places","content":"### sec.139 General powers for places\n\nAn authorised person who enters a place under subdivision 2 may exercise any of the following powers—\nsearch any part of the place;\ninspect, examine, photograph or film anything in the place;\ntake extracts from, and make copies of, any document in the place;\ntake into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division;\nrequire a person in the place to give the authorised person reasonable information or help and provide reasonable facilities to exercise the powers mentioned in paragraphs (a) to (d) .\ngiving information about how to access electronic systems at the place\nprovision of a photocopier for copying a document\nWhen making a requirement mentioned in subsection (1) (e) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nThe person must not fail, without reasonable excuse, to comply with the requirement.\nMaximum penalty for subsection (3) —100 penalty units.\ns 139 ins 2003 No. 32 s 18\n(sec.139-ssec.1) An authorised person who enters a place under subdivision 2 may exercise any of the following powers— search any part of the place; inspect, examine, photograph or film anything in the place; take extracts from, and make copies of, any document in the place; take into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division; require a person in the place to give the authorised person reasonable information or help and provide reasonable facilities to exercise the powers mentioned in paragraphs (a) to (d) . giving information about how to access electronic systems at the place provision of a photocopier for copying a document\n(sec.139-ssec.2) When making a requirement mentioned in subsection (1) (e) , the authorised person must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.139-ssec.3) The person must not fail, without reasonable excuse, to comply with the requirement. Maximum penalty for subsection (3) —100 penalty units.\n- (a) search any part of the place;\n- (b) inspect, examine, photograph or film anything in the place;\n- (c) take extracts from, and make copies of, any document in the place;\n- (d) take into the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division;\n- (e) require a person in the place to give the authorised person reasonable information or help and provide reasonable facilities to exercise the powers mentioned in paragraphs (a) to (d) . Examples for paragraph (e) — 1 giving information about how to access electronic systems at the place 2 provision of a photocopier for copying a document\n- 1 giving information about how to access electronic systems at the place\n- 2 provision of a photocopier for copying a document\n- 1 giving information about how to access electronic systems at the place\n- 2 provision of a photocopier for copying a document","sortOrder":197},{"sectionNumber":"sec.140","sectionType":"section","heading":"Power to require name and address","content":"### sec.140 Power to require name and address\n\nAn authorised person may require another person to state the person’s name and residential or business address if the authorised person—\nfinds the other person committing, or about to commit, an offence against this Act; or\nfinds the other person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the other person has just committed an offence against this Act.\nWhen making the requirement, the authorised person must give the other person an offence warning.\nThe authorised person may also require the other person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the other person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nA requirement under this section is called a personal details requirement .\nIn this section—\noffence warning means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is given, or of whom it is made, not to comply with it.\ns 140 ins 2003 No. 32 s 18\n(sec.140-ssec.1) An authorised person may require another person to state the person’s name and residential or business address if the authorised person— finds the other person committing, or about to commit, an offence against this Act; or finds the other person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the other person has just committed an offence against this Act.\n(sec.140-ssec.2) When making the requirement, the authorised person must give the other person an offence warning.\n(sec.140-ssec.3) The authorised person may also require the other person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the other person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.140-ssec.4) A requirement under this section is called a personal details requirement .\n(sec.140-ssec.5) In this section— offence warning means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is given, or of whom it is made, not to comply with it.\n- (a) finds the other person committing, or about to commit, an offence against this Act; or\n- (b) finds the other person in circumstances that lead, or has information that leads, the authorised person to reasonably suspect the other person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":198},{"sectionNumber":"sec.141","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.141 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place under this division without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised person reasonably believes the thing is evidence of an offence against this Act.\nThis section does not apply to an authorised person appointed by the chief executive officer of a local government.\ns 141 ins 2007 No. 50 s 35\namd 2016 No. 61 s 18\n(sec.141-ssec.1) An authorised person who enters a place under this division without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised person reasonably believes the thing is evidence of an offence against this Act.\n(sec.141-ssec.2) This section does not apply to an authorised person appointed by the chief executive officer of a local government.","sortOrder":199},{"sectionNumber":"sec.142","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.142 Seizing evidence at a place that may only be entered with consent or warrant\n\nSubsections (2) to (5) apply if—\nan authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and\nthe authorised person enters the place after obtaining the necessary consent or under a warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person also may seize anything else at the place if the authorised person reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\nIf an authorised person appointed by the chief executive officer of a local government is authorised to enter a place under this division with a warrant, the authorised person may seize the evidence for which the warrant was issued.\ns 142 ins 2007 No. 50 s 35\namd 2011 No. 6 s 120 ; 2016 No. 61 s 19\n(sec.142-ssec.1) Subsections (2) to (5) apply if— an authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the necessary consent or under a warrant.\n(sec.142-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.142-ssec.3) If the authorised person enters the place with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.142-ssec.4) The authorised person also may seize anything else at the place if the authorised person reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.142-ssec.5) Also, the authorised person may seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act.\n(sec.142-ssec.6) If an authorised person appointed by the chief executive officer of a local government is authorised to enter a place under this division with a warrant, the authorised person may seize the evidence for which the warrant was issued.\n- (a) an authorised person appointed by the chief executive is authorised to enter a place under this division only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised person enters the place after obtaining the necessary consent or under a warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":200},{"sectionNumber":"sec.143","sectionType":"section","heading":"Securing seized things","content":"### sec.143 Securing seized things\n\nHaving seized a thing, an authorised person may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure, but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\ns 143 ins 2007 No. 50 s 35\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing— • sealing a thing and marking it to show access to it is restricted • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- • sealing a thing and marking it to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":201},{"sectionNumber":"sec.144","sectionType":"section","heading":"Tampering with seized things","content":"### sec.144 Tampering with seized things\n\nIf an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval.\nMaximum penalty—100 penalty units.\nIn this section—\ntamper includes attempt to tamper.\ns 144 ins 2007 No. 50 s 35\n(sec.144-ssec.1) If an authorised person restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised person’s approval. Maximum penalty—100 penalty units.\n(sec.144-ssec.2) In this section— tamper includes attempt to tamper.","sortOrder":202},{"sectionNumber":"sec.145","sectionType":"section","heading":"Powers to support seizure","content":"### sec.145 Powers to support seizure\n\nTo enable a thing to be seized, an authorised person may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 153 , the cost of complying with subsection (4) must be borne by the person.\ns 145 ins 2007 No. 50 s 35\n(sec.145-ssec.1) To enable a thing to be seized, an authorised person may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.145-ssec.2) The requirement— must be made by notice; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.\n(sec.145-ssec.3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.145-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.145-ssec.5) Subject to section 153 , the cost of complying with subsection (4) must be borne by the person.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable.","sortOrder":203},{"sectionNumber":"sec.146","sectionType":"section","heading":"Authorised person may require thing’s return","content":"### sec.146 Authorised person may require thing’s return\n\nIf an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 145 , the authorised person may require the person to return the thing to the place from which it was taken.\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubject to section 153 , the cost of complying with subsection (2) must be borne by the person.\ns 146 ins 2007 No. 50 s 35\n(sec.146-ssec.1) If an authorised person has required a person to take a thing to a stated place by a stated reasonable time under section 145 , the authorised person may require the person to return the thing to the place from which it was taken.\n(sec.146-ssec.2) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.146-ssec.3) Subject to section 153 , the cost of complying with subsection (2) must be borne by the person.","sortOrder":204},{"sectionNumber":"sec.147","sectionType":"section","heading":"Receipts for seized things","content":"### sec.147 Receipts for seized things\n\nAs soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\ns 147 ins 2007 No. 50 s 35\n(sec.147-ssec.1) As soon as practicable after an authorised person seizes a thing, the authorised person must give a receipt for it to the person from whom it was seized.\n(sec.147-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.147-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.147-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":205},{"sectionNumber":"sec.148","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.148 Forfeiture of seized things\n\nA seized thing is forfeited to a relevant entity if the authorised person who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\nOn the forfeiture of the thing to the relevant entity—\nthe thing becomes the relevant entity’s property; and\nit must be dealt with by the administrator for the relevant entity as the administrator considers appropriate.\nWithout limiting subsection (4) , the administrator for the relevant entity may destroy or dispose of the thing.\nDespite subsection (5) , the administrator for the relevant entity must not deal with the thing in a way that could prejudice the outcome of an appeal, relevant to the thing, of which the administrator is aware.\nThe administrator for a relevant entity is—\nif the relevant entity is the State—the chief executive; or\nif the relevant entity is a local government—the chief executive officer of the local government.\nThe relevant entity for a seized thing is—\nif the thing was seized by an authorised person appointed by the chief executive—the State; or\nif the thing was seized by an authorised person appointed by the chief executive officer of a local government—the local government.\ns 148 ins 2007 No. 50 s 35\namd 2016 No. 61 s 20\n(sec.148-ssec.1) A seized thing is forfeited to a relevant entity if the authorised person who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.148-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.148-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.148-ssec.4) On the forfeiture of the thing to the relevant entity— the thing becomes the relevant entity’s property; and it must be dealt with by the administrator for the relevant entity as the administrator considers appropriate.\n(sec.148-ssec.5) Without limiting subsection (4) , the administrator for the relevant entity may destroy or dispose of the thing.\n(sec.148-ssec.6) Despite subsection (5) , the administrator for the relevant entity must not deal with the thing in a way that could prejudice the outcome of an appeal, relevant to the thing, of which the administrator is aware.\n(sec.148-ssec.7) The administrator for a relevant entity is— if the relevant entity is the State—the chief executive; or if the relevant entity is a local government—the chief executive officer of the local government.\n(sec.148-ssec.8) The relevant entity for a seized thing is— if the thing was seized by an authorised person appointed by the chief executive—the State; or if the thing was seized by an authorised person appointed by the chief executive officer of a local government—the local government.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised person to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised person to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) the thing becomes the relevant entity’s property; and\n- (b) it must be dealt with by the administrator for the relevant entity as the administrator considers appropriate.\n- (a) if the relevant entity is the State—the chief executive; or\n- (b) if the relevant entity is a local government—the chief executive officer of the local government.\n- (a) if the thing was seized by an authorised person appointed by the chief executive—the State; or\n- (b) if the thing was seized by an authorised person appointed by the chief executive officer of a local government—the local government.","sortOrder":206},{"sectionNumber":"sec.149","sectionType":"section","heading":"Return of seized things","content":"### sec.149 Return of seized things\n\nIf a thing has been seized but not forfeited under this division, the authorised person must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\ns 149 ins 2007 No. 50 s 35\n(sec.149-ssec.1) If a thing has been seized but not forfeited under this division, the authorised person must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.149-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the authorised person must immediately return a thing seized as evidence to its owner if the authorised person stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":207},{"sectionNumber":"sec.150","sectionType":"section","heading":"Access to seized things","content":"### sec.150 Access to seized things\n\nUntil a thing that has been seized is forfeited or returned under this division, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 150 ins 2007 No. 50 s 35\n(sec.150-ssec.1) Until a thing that has been seized is forfeited or returned under this division, an authorised person must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.150-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":208},{"sectionNumber":"sec.151","sectionType":"section","heading":"Authorised persons may use help and force in exercise of powers","content":"### sec.151 Authorised persons may use help and force in exercise of powers\n\nAn authorised person may exercise a power under this division with the help that is reasonable in the circumstances.\nWithout limiting subsection (1) , a person engaged by the council or by the chief executive officer of a local government may help the authorised person exercise powers under this division.\nlocksmith\ncomputer technician\nAlso, an authorised person appointed by the chief executive may exercise a power under this division using the force that is reasonable in the circumstances.\nIn addition, an authorised person appointed by the chief executive officer of a local government must not use force to enter a place under this division, other than when the place is entered under a warrant that authorises that use of force.\ns 151 ins 2003 No. 32 s 18\namd 2016 No. 61 s 21\n(sec.151-ssec.1) An authorised person may exercise a power under this division with the help that is reasonable in the circumstances.\n(sec.151-ssec.2) Without limiting subsection (1) , a person engaged by the council or by the chief executive officer of a local government may help the authorised person exercise powers under this division. locksmith computer technician\n(sec.151-ssec.3) Also, an authorised person appointed by the chief executive may exercise a power under this division using the force that is reasonable in the circumstances.\n(sec.151-ssec.4) In addition, an authorised person appointed by the chief executive officer of a local government must not use force to enter a place under this division, other than when the place is entered under a warrant that authorises that use of force.\n- 1 locksmith\n- 2 computer technician","sortOrder":209},{"sectionNumber":"sec.152","sectionType":"section","heading":"Notice of damage","content":"### sec.152 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power under this division; or\na person (the other person ) acting under the direction of an authorised person damages property.\nThe authorised person must promptly give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the control of the authorised person or other person, the authorised person may state it in the notice.\nIf, for any reason, it is impracticable to give the notice to the person mentioned in subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\ns 152 ins 2003 No. 32 s 18\n(sec.152-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power under this division; or a person (the other person ) acting under the direction of an authorised person damages property.\n(sec.152-ssec.2) The authorised person must promptly give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.\n(sec.152-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the control of the authorised person or other person, the authorised person may state it in the notice.\n(sec.152-ssec.4) If, for any reason, it is impracticable to give the notice to the person mentioned in subsection (2) , the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.152-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.152-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power under this division; or\n- (b) a person (the other person ) acting under the direction of an authorised person damages property.","sortOrder":210},{"sectionNumber":"sec.153","sectionType":"section","heading":"Compensation","content":"### sec.153 Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person appointed by the chief executive.\nA person may claim compensation from a local government if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person appointed by the chief executive officer of the local government.\nThe compensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming the amount.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\ns 153 ins 2003 No. 32 s 18\namd 2016 No. 61 s 22\n(sec.153-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person appointed by the chief executive.\n(sec.153-ssec.2) A person may claim compensation from a local government if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person appointed by the chief executive officer of the local government.\n(sec.153-ssec.3) The compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming the amount.\n(sec.153-ssec.4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.153-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming the amount.","sortOrder":211},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Stop orders","content":"## Stop orders","sortOrder":212},{"sectionNumber":"sec.154AA","sectionType":"section","heading":"Definition for div 3","content":"### sec.154AA Definition for div 3\n\nIn this division—\ncurrent entry application , for a place, means an application—\nto have the place entered in the Queensland heritage register as a State heritage place; and\nin relation to which the council has not made a decision, and is not taken to have made a decision, under section 53 or 55 .\ns 154AA ins 2014 No. 61 s 66\n- (a) to have the place entered in the Queensland heritage register as a State heritage place; and\n- (b) in relation to which the council has not made a decision, and is not taken to have made a decision, under section 53 or 55 .","sortOrder":213},{"sectionNumber":"sec.154","sectionType":"section","heading":"Minister may make stop order","content":"### sec.154 Minister may make stop order\n\nThe Minister may make an order (a stop order ) requiring a person to stop stated work or an activity, or prohibiting a person from starting stated work or an activity, at a place that is not a State heritage place.\nThe Minister may make the order—\nif the Minister is satisfied on reasonable grounds that—\nthe place is likely to satisfy 1 or more of the cultural heritage criteria; and\nthe work or activity would destroy or substantially reduce the cultural heritage significance of the place; and\nwhether or not there is a current entry application for the place.\nIf the Minister makes a stop order in relation to a place for which there is not a current entry application, the chief executive must make an application to enter the place in the register under section 36 .\nThe Minister may make an order (also a stop order ) requiring a person to stop stated work or an activity, or prohibiting a person from starting stated work or an activity, at a State heritage place if the Minister is satisfied on reasonable grounds that—\nthe work or activity is not authorised by a development approval; and\nthe work or activity would destroy or substantially reduce the cultural heritage significance of the place.\nA stop order must be served personally or by affixing it in a prominent position in the place.\nHowever, the Minister must not make a stop order in relation to an excluded place in the period mentioned in section 37 that an application can not be made to have the place entered in the register.\ns 154 amd 2003 No. 32 s 3 sch\nsub 2014 No. 61 s 67\n(sec.154-ssec.1) The Minister may make an order (a stop order ) requiring a person to stop stated work or an activity, or prohibiting a person from starting stated work or an activity, at a place that is not a State heritage place.\n(sec.154-ssec.2) The Minister may make the order— if the Minister is satisfied on reasonable grounds that— the place is likely to satisfy 1 or more of the cultural heritage criteria; and the work or activity would destroy or substantially reduce the cultural heritage significance of the place; and whether or not there is a current entry application for the place.\n(sec.154-ssec.3) If the Minister makes a stop order in relation to a place for which there is not a current entry application, the chief executive must make an application to enter the place in the register under section 36 .\n(sec.154-ssec.4) The Minister may make an order (also a stop order ) requiring a person to stop stated work or an activity, or prohibiting a person from starting stated work or an activity, at a State heritage place if the Minister is satisfied on reasonable grounds that— the work or activity is not authorised by a development approval; and the work or activity would destroy or substantially reduce the cultural heritage significance of the place.\n(sec.154-ssec.5) A stop order must be served personally or by affixing it in a prominent position in the place.\n(sec.154-ssec.6) However, the Minister must not make a stop order in relation to an excluded place in the period mentioned in section 37 that an application can not be made to have the place entered in the register.\n- (a) if the Minister is satisfied on reasonable grounds that— (i) the place is likely to satisfy 1 or more of the cultural heritage criteria; and (ii) the work or activity would destroy or substantially reduce the cultural heritage significance of the place; and\n- (i) the place is likely to satisfy 1 or more of the cultural heritage criteria; and\n- (ii) the work or activity would destroy or substantially reduce the cultural heritage significance of the place; and\n- (b) whether or not there is a current entry application for the place.\n- (i) the place is likely to satisfy 1 or more of the cultural heritage criteria; and\n- (ii) the work or activity would destroy or substantially reduce the cultural heritage significance of the place; and\n- (a) the work or activity is not authorised by a development approval; and\n- (b) the work or activity would destroy or substantially reduce the cultural heritage significance of the place.","sortOrder":214},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Form and content of stop order","content":"### sec.154A Form and content of stop order\n\nA stop order in relation to a place must—\ninclude enough information to identity the place; and\nstate the following—\nthe work or activity to which the order relates;\nthe name of the owner of the place (if known);\nthe reasons for making the order;\nwhen the order takes effect;\nif there is a current entry application or application by the chief executive mentioned in section 154 (3) for the place—that the order ends on the date stated in the notice, or the day the council makes (or is taken to make) a decision in relation to the application, whichever happens first;\nif the place is a State heritage place—that the order ends on the date stated in the notice.\ns 154A ins 2014 No. 61 s 67\n- (a) include enough information to identity the place; and\n- (b) state the following— (i) the work or activity to which the order relates; (ii) the name of the owner of the place (if known); (iii) the reasons for making the order; (iv) when the order takes effect; (v) if there is a current entry application or application by the chief executive mentioned in section 154 (3) for the place—that the order ends on the date stated in the notice, or the day the council makes (or is taken to make) a decision in relation to the application, whichever happens first; (vi) if the place is a State heritage place—that the order ends on the date stated in the notice.\n- (i) the work or activity to which the order relates;\n- (ii) the name of the owner of the place (if known);\n- (iii) the reasons for making the order;\n- (iv) when the order takes effect;\n- (v) if there is a current entry application or application by the chief executive mentioned in section 154 (3) for the place—that the order ends on the date stated in the notice, or the day the council makes (or is taken to make) a decision in relation to the application, whichever happens first;\n- (vi) if the place is a State heritage place—that the order ends on the date stated in the notice.\n- (i) the work or activity to which the order relates;\n- (ii) the name of the owner of the place (if known);\n- (iii) the reasons for making the order;\n- (iv) when the order takes effect;\n- (v) if there is a current entry application or application by the chief executive mentioned in section 154 (3) for the place—that the order ends on the date stated in the notice, or the day the council makes (or is taken to make) a decision in relation to the application, whichever happens first;\n- (vi) if the place is a State heritage place—that the order ends on the date stated in the notice.","sortOrder":215},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Duration of stop order","content":"### sec.154B Duration of stop order\n\nA stop order takes effect when it is served.\nA stop order in relation to a place for which there is a current entry application or application by the chief executive mentioned in section 154 (3) ends on the earlier of the following—\nthe day, not more than 60 business days after the day the order is served, stated in the order;\nthe day the council makes a decision, or is taken to have made a decision, under section 53 or 55 in relation to the application.\nA stop order in relation to a State heritage place ends on the day, not more than 60 business days after the day the order is served, stated in the order.\ns 154B ins 2014 No. 61 s 67\n(sec.154B-ssec.1) A stop order takes effect when it is served.\n(sec.154B-ssec.2) A stop order in relation to a place for which there is a current entry application or application by the chief executive mentioned in section 154 (3) ends on the earlier of the following— the day, not more than 60 business days after the day the order is served, stated in the order; the day the council makes a decision, or is taken to have made a decision, under section 53 or 55 in relation to the application.\n(sec.154B-ssec.3) A stop order in relation to a State heritage place ends on the day, not more than 60 business days after the day the order is served, stated in the order.\n- (a) the day, not more than 60 business days after the day the order is served, stated in the order;\n- (b) the day the council makes a decision, or is taken to have made a decision, under section 53 or 55 in relation to the application.","sortOrder":216},{"sectionNumber":"sec.155","sectionType":"section","heading":"Contravention of stop order","content":"### sec.155 Contravention of stop order\n\nA person must not contravene a stop order.\nMaximum penalty—17,000 penalty units.\nIf a corporation commits an offence against this section, an executive officer of the corporation may commit an offence against section 160 .\ns 155 amd 2013 No. 51 s 229 sch 1","sortOrder":217},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"General offences","content":"## General offences","sortOrder":218},{"sectionNumber":"sec.156","sectionType":"section","heading":"False or misleading statements","content":"### sec.156 False or misleading statements\n\nA person must not state anything to an authorised person that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, ‘false or misleading’.\ns 156 ins 2003 No. 32 s 19\n(sec.156-ssec.1) A person must not state anything to an authorised person that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.156-ssec.2) In a proceeding for an offence against subsection (1) , it is enough to state that the statement made was, without specifying which, ‘false or misleading’.","sortOrder":219},{"sectionNumber":"sec.157","sectionType":"section","heading":"False or misleading documents","content":"### sec.157 False or misleading documents\n\nA person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIn a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, ‘false or misleading’.\ns 157 ins 2003 No. 32 s 19\n(sec.157-ssec.1) A person must not give an authorised person a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.157-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.157-ssec.3) In a proceeding for an offence against subsection (1) , it is enough to state that the document was, without specifying which, ‘false or misleading’.\n- (a) tells the authorised person, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":220},{"sectionNumber":"sec.158","sectionType":"section","heading":"Obstructing and impersonating authorised persons","content":"### sec.158 Obstructing and impersonating authorised persons\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nA person must not pretend to be an authorised person.\nMaximum penalty—100 penalty units.\nIn this section—\nobstruct includes assault, hinder and threaten, and attempt to obstruct.\ns 158 ins 2003 No. 32 s 19\n(sec.158-ssec.1) A person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.158-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.158-ssec.3) A person must not pretend to be an authorised person. Maximum penalty—100 penalty units.\n(sec.158-ssec.4) In this section— obstruct includes assault, hinder and threaten, and attempt to obstruct.\n- (a) it is an offence to obstruct the authorised person, unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":221},{"sectionNumber":"sec.159","sectionType":"section","heading":"Failure to comply with personal details requirement","content":"### sec.159 Failure to comply with personal details requirement\n\nA person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nFor subsection (1) , a person has a reasonable excuse if—\nthe requirement is given because the authorised person giving it suspected the person to whom the requirement was given has committed an offence against this Act; and\nthe person to whom the requirement is given is not proved to have committed the offence.\ns 159 ins 2003 No. 32 s 19\n(sec.159-ssec.1) A person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.159-ssec.2) For subsection (1) , a person has a reasonable excuse if— the requirement is given because the authorised person giving it suspected the person to whom the requirement was given has committed an offence against this Act; and the person to whom the requirement is given is not proved to have committed the offence.\n- (a) the requirement is given because the authorised person giving it suspected the person to whom the requirement was given has committed an offence against this Act; and\n- (b) the person to whom the requirement is given is not proved to have committed the offence.","sortOrder":222},{"sectionNumber":"sec.160","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against s 155","content":"### sec.160 Liability of executive officer—offence committed by corporation against s 155\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against section 155 ; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of section 155 by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 155 ; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 155 ; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 155 .\nThis section does not affect—\nthe liability of the corporation for the offence against section 155 ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 155 .\ns 160 ins 2003 No. 32 s 19\nsub 2013 No. 51 s 177\n(sec.160-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 155 ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 155 by an individual.\n(sec.160-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 155 ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 155 ; and any other relevant matter.\n(sec.160-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 155 .\n(sec.160-ssec.4) This section does not affect— the liability of the corporation for the offence against section 155 ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 155 .\n- (a) the corporation commits an offence against section 155 ; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 155 ; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 155 ; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against section 155 ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 155 .","sortOrder":223},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.160A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 84 (6)\nsection 104 (1)\nsection 164B (4)\nsection 164C (8) .\ns 160A ins 2013 No. 51 s 177\namd 2014 No. 61 s 68\n(sec.160A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.160A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.160A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.160A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 84 (6) section 104 (1) section 164B (4) section 164C (8) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 84 (6)\n- • section 104 (1)\n- • section 164B (4)\n- • section 164C (8) .","sortOrder":224},{"sectionNumber":"pt.13","sectionType":"part","heading":"Appeals to Planning and Environment Court against particular decisions","content":"# Appeals to Planning and Environment Court against particular decisions","sortOrder":225},{"sectionNumber":"sec.161","sectionType":"section","heading":"Who may appeal","content":"### sec.161 Who may appeal\n\nThis section applies to the following persons—\nthe owner of a place who is given, or is entitled to be given, an information notice under section 54 (3) about a decision of the council;\na person who is given, or is entitled to be given, an information notice under section 56 (2) about a decision of the council.\nThe person may appeal to the Planning and Environment Court against the decision.\nTo remove any doubt, it is declared that—\nfor a decision on a heritage recommendation for an application to enter a place in the Queensland heritage register as a part of a State heritage place, the person may appeal only about the decision relating to the part; and\nfor a decision on a heritage recommendation for an application to remove part of a State heritage place from the Queensland heritage register, the person may appeal only about the decision relating to the part.\ns 161 ins 2007 No. 50 s 36\namd 2014 No. 61 s 69\n(sec.161-ssec.1) This section applies to the following persons— the owner of a place who is given, or is entitled to be given, an information notice under section 54 (3) about a decision of the council; a person who is given, or is entitled to be given, an information notice under section 56 (2) about a decision of the council.\n(sec.161-ssec.2) The person may appeal to the Planning and Environment Court against the decision.\n(sec.161-ssec.3) To remove any doubt, it is declared that— for a decision on a heritage recommendation for an application to enter a place in the Queensland heritage register as a part of a State heritage place, the person may appeal only about the decision relating to the part; and for a decision on a heritage recommendation for an application to remove part of a State heritage place from the Queensland heritage register, the person may appeal only about the decision relating to the part.\n- (a) the owner of a place who is given, or is entitled to be given, an information notice under section 54 (3) about a decision of the council;\n- (b) a person who is given, or is entitled to be given, an information notice under section 56 (2) about a decision of the council.\n- (a) for a decision on a heritage recommendation for an application to enter a place in the Queensland heritage register as a part of a State heritage place, the person may appeal only about the decision relating to the part; and\n- (b) for a decision on a heritage recommendation for an application to remove part of a State heritage place from the Queensland heritage register, the person may appeal only about the decision relating to the part.","sortOrder":226},{"sectionNumber":"sec.162","sectionType":"section","heading":"Grounds for appeal","content":"### sec.162 Grounds for appeal\n\nAn appeal by a person mentioned in section 161 (1) (a) or (b) may only be made on the ground that the place the subject of the appeal does or does not satisfy at least 1 of the cultural heritage criteria.\ns 162 ins 2007 No. 50 s 36\namd 2014 No. 61 s 70","sortOrder":227},{"sectionNumber":"sec.163","sectionType":"section","heading":"Starting appeal","content":"### sec.163 Starting appeal\n\nAn appeal must be started within 20 business days after—\nif the person has been given an information notice about the decision—the day the person is given the notice; or\nif paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.\ns 163 ins 2007 No. 50 s 36\n- (a) if the person has been given an information notice about the decision—the day the person is given the notice; or\n- (b) if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":228},{"sectionNumber":"sec.164","sectionType":"section","heading":"Court process for appeal","content":"### sec.164 Court process for appeal\n\nThe Planning and Environment Court Act 2016 , part 5 , division 1 , with any changes the Planning and Environment Court considers appropriate, applies to an appeal under this part as if the appeal were a Planning Act appeal under that Act.\ns 164 ins 2007 No. 50 s 36\namd 2009 No. 36 s 872 sch 2\nsub 2016 No. 27 s 389","sortOrder":229},{"sectionNumber":"pt.13A","sectionType":"part","heading":"Evidence and particular court orders","content":"# Evidence and particular court orders","sortOrder":230},{"sectionNumber":"sec.164A","sectionType":"section","heading":"Evidence","content":"### sec.164A Evidence\n\nIn a proceeding for an offence against this Act, a certificate purporting to be signed by the Minister stating any of the following matters is evidence of the matter—\na place or thing is in Queensland waters;\na place is in a stated protected area.\nIn a proceeding for an offence against this Act, a certificate purporting to be signed by the chief executive or the chief executive officer of a local government stating any of the following matters is evidence of the matter—\na stated document is—\na copy of a part of, or an extract from, the Queensland heritage register or the local government’s local heritage register; or\nan order, decision or requirement, or a copy of an order, decision or requirement, given or made under this Act; or\na notice, or a copy of a notice, given under this Act; or\na record or document, or a copy of a record or document, kept under this Act;\non a stated day, a stated person was given a stated notice, order or requirement under this Act.\ns 164A ins 2014 No. 61 s 71\namd 2016 No. 61 s 23\n(sec.164A-ssec.1) In a proceeding for an offence against this Act, a certificate purporting to be signed by the Minister stating any of the following matters is evidence of the matter— a place or thing is in Queensland waters; a place is in a stated protected area.\n(sec.164A-ssec.2) In a proceeding for an offence against this Act, a certificate purporting to be signed by the chief executive or the chief executive officer of a local government stating any of the following matters is evidence of the matter— a stated document is— a copy of a part of, or an extract from, the Queensland heritage register or the local government’s local heritage register; or an order, decision or requirement, or a copy of an order, decision or requirement, given or made under this Act; or a notice, or a copy of a notice, given under this Act; or a record or document, or a copy of a record or document, kept under this Act; on a stated day, a stated person was given a stated notice, order or requirement under this Act.\n- (a) a place or thing is in Queensland waters;\n- (b) a place is in a stated protected area.\n- (a) a stated document is— (i) a copy of a part of, or an extract from, the Queensland heritage register or the local government’s local heritage register; or (ii) an order, decision or requirement, or a copy of an order, decision or requirement, given or made under this Act; or (iii) a notice, or a copy of a notice, given under this Act; or (iv) a record or document, or a copy of a record or document, kept under this Act;\n- (i) a copy of a part of, or an extract from, the Queensland heritage register or the local government’s local heritage register; or\n- (ii) an order, decision or requirement, or a copy of an order, decision or requirement, given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record or document, or a copy of a record or document, kept under this Act;\n- (b) on a stated day, a stated person was given a stated notice, order or requirement under this Act.\n- (i) a copy of a part of, or an extract from, the Queensland heritage register or the local government’s local heritage register; or\n- (ii) an order, decision or requirement, or a copy of an order, decision or requirement, given or made under this Act; or\n- (iii) a notice, or a copy of a notice, given under this Act; or\n- (iv) a record or document, or a copy of a record or document, kept under this Act;","sortOrder":231},{"sectionNumber":"sec.164B","sectionType":"section","heading":"Restoration orders","content":"### sec.164B Restoration orders\n\nIf a person is convicted of an offence, the court may order the person to make good, to the satisfaction of the Minister, any damage caused through the commission of the offence.\nThe order must state the period within which the person must comply with the order.\nThe order is in addition to the imposition of a penalty and any other order under this Act.\nA person must not fail to comply with an order under this section.\nMaximum penalty—17,000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\nIf a person fails to comply with the order, the Minister may cause the necessary work to be carried out and recover the cost of doing so, as a debt, from the person in default.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\nIn this section—\noffence means—\nan offence against this Act; or\nan offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\ns 164B (prev s 169) amd 2007 No. 50 s 40 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 142 sch ; 2013 No. 51 s 229 sch 1 ; 2014 No. 61 s 73 (1) – (3)\nrenum and reloc 2014 No. 61 s 73 (4)\namd 2016 No. 27 s 390\n(sec.164B-ssec.1) If a person is convicted of an offence, the court may order the person to make good, to the satisfaction of the Minister, any damage caused through the commission of the offence.\n(sec.164B-ssec.2) The order must state the period within which the person must comply with the order.\n(sec.164B-ssec.3) The order is in addition to the imposition of a penalty and any other order under this Act.\n(sec.164B-ssec.4) A person must not fail to comply with an order under this section. Maximum penalty—17,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\n(sec.164B-ssec.5) If a person fails to comply with the order, the Minister may cause the necessary work to be carried out and recover the cost of doing so, as a debt, from the person in default.\n(sec.164B-ssec.6) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n(sec.164B-ssec.7) In this section— offence means— an offence against this Act; or an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\n- (a) an offence against this Act; or\n- (b) an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.","sortOrder":232},{"sectionNumber":"sec.164C","sectionType":"section","heading":"Non-development orders","content":"### sec.164C Non-development orders\n\nThis section applies if the owner of a Queensland heritage place is convicted of an offence involving the destruction of, or damage to, the place.\nThe court may, on application by the prosecution, make an order prohibiting the carrying out of development on the place for the period of not more than 10 years stated in the order.\nThe order is in addition to the imposition of a penalty and any other order under this Act.\nThe registrar of the court must give a copy of an order under this section to the registrar of titles.\nThe registrar of titles must keep records that show the land is subject to the order.\nThe registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the order.\nAn order under this section—\nattaches to the land; and\nbinds the owner, the owner’s successors in title and any occupier of the land.\nA person must not contravene an order under this section.\nMaximum penalty—17,000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\nIn this section—\noffence means—\nan offence against this Act; or\nan offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\ns 164C ins 2014 No. 61 s 71\namd 2016 No. 27 s 391\n(sec.164C-ssec.1) This section applies if the owner of a Queensland heritage place is convicted of an offence involving the destruction of, or damage to, the place.\n(sec.164C-ssec.2) The court may, on application by the prosecution, make an order prohibiting the carrying out of development on the place for the period of not more than 10 years stated in the order.\n(sec.164C-ssec.3) The order is in addition to the imposition of a penalty and any other order under this Act.\n(sec.164C-ssec.4) The registrar of the court must give a copy of an order under this section to the registrar of titles.\n(sec.164C-ssec.5) The registrar of titles must keep records that show the land is subject to the order.\n(sec.164C-ssec.6) The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the order.\n(sec.164C-ssec.7) An order under this section— attaches to the land; and binds the owner, the owner’s successors in title and any occupier of the land.\n(sec.164C-ssec.8) A person must not contravene an order under this section. Maximum penalty—17,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.\n(sec.164C-ssec.9) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n(sec.164C-ssec.10) In this section— offence means— an offence against this Act; or an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\n- (a) attaches to the land; and\n- (b) binds the owner, the owner’s successors in title and any occupier of the land.\n- (a) an offence against this Act; or\n- (b) an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.","sortOrder":233},{"sectionNumber":"sec.164D","sectionType":"section","heading":"Education and public benefit orders","content":"### sec.164D Education and public benefit orders\n\nIf a person is convicted of an offence, the court may, on application by the prosecution, make either or both of the following orders against the person—\nan education order;\na public benefit order.\nThe order must state the period within which the person must comply with the order.\nThe order is in addition to the imposition of a penalty and any other order under this Act.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\nIn this section—\neducation order means an order requiring the person against whom it is made to conduct a stated advertising or education campaign to promote compliance with this Act or the Planning Act , section 163 (1) or 164 .\noffence means—\nan offence against the following—\nsection 76\nsection 84 (6)\nsection 89\nsection 90\nsection 91\nsection 104\nsection 155 ; or\nan offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\npublic benefit order means an order requiring the person against whom it is made to carry out a stated activity—\nto restore or enhance a Queensland heritage place; or\nfor the public benefit.\ns 164D ins 2014 No. 61 s 71\namd 2016 No. 27 s 392\n(sec.164D-ssec.1) If a person is convicted of an offence, the court may, on application by the prosecution, make either or both of the following orders against the person— an education order; a public benefit order.\n(sec.164D-ssec.2) The order must state the period within which the person must comply with the order.\n(sec.164D-ssec.3) The order is in addition to the imposition of a penalty and any other order under this Act.\n(sec.164D-ssec.4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.\n(sec.164D-ssec.5) In this section— education order means an order requiring the person against whom it is made to conduct a stated advertising or education campaign to promote compliance with this Act or the Planning Act , section 163 (1) or 164 . offence means— an offence against the following— section 76 section 84 (6) section 89 section 90 section 91 section 104 section 155 ; or an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place. public benefit order means an order requiring the person against whom it is made to carry out a stated activity— to restore or enhance a Queensland heritage place; or for the public benefit.\n- (a) an education order;\n- (b) a public benefit order.\n- (a) an offence against the following— • section 76 • section 84 (6) • section 89 • section 90 • section 91 • section 104 • section 155 ; or\n- • section 76\n- • section 84 (6)\n- • section 89\n- • section 90\n- • section 91\n- • section 104\n- • section 155 ; or\n- (b) an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.\n- • section 76\n- • section 84 (6)\n- • section 89\n- • section 90\n- • section 91\n- • section 104\n- • section 155 ; or\n- (a) to restore or enhance a Queensland heritage place; or\n- (b) for the public benefit.","sortOrder":234},{"sectionNumber":"pt.14","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":235},{"sectionNumber":"sec.165","sectionType":"section","heading":"Assistance by local governments","content":"### sec.165 Assistance by local governments\n\nA local government must, at the request of the Minister or chief executive, provide any information or assistance that the Minister or chief executive reasonably requires for the purposes of this Act.\ns 165 amd 2007 No. 50 s 37","sortOrder":236},{"sectionNumber":"sec.166","sectionType":"section","heading":"Misleading statements","content":"### sec.166 Misleading statements\n\nA person must not make a statement to a person concerned in the administration of this Act on a matter relating to the administration of this Act that the person knows to be false or misleading.\nMaximum penalty—50 penalty units.","sortOrder":237},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 amd 2003 No. 32 s 3 sch ; 2007 No. 50 s 39\nom 2014 No. 61 s 72","sortOrder":238},{"sectionNumber":"sec.168","sectionType":"section","heading":"Proceedings","content":"### sec.168 Proceedings\n\nA proceeding for an offence against this Act may be brought only by a person authorised by the Minister (either generally or in the particular case) to bring the proceeding.","sortOrder":239},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 amd 2007 No. 50 s 41 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 142 sch ; 2013 No. 51 s 229 sch 1\nom 2014 No. 61 s 74","sortOrder":240},{"sectionNumber":"sec.171","sectionType":"section","heading":"Immunity","content":"### sec.171 Immunity\n\nNo liability is incurred by the Minister, the council, any member of the council, or another person acting in the administration of this Act, for an honest act or omission in the exercise or purported exercise of functions under this Act.\nA liability that would, apart from this section, attach to a person attaches to the State.\nThis section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 171 amd 2014 No. 61 s 75 ; 2022 No. 34 s 365 sch 3\n(sec.171-ssec.1) No liability is incurred by the Minister, the council, any member of the council, or another person acting in the administration of this Act, for an honest act or omission in the exercise or purported exercise of functions under this Act.\n(sec.171-ssec.2) A liability that would, apart from this section, attach to a person attaches to the State.\n(sec.171-ssec.3) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .","sortOrder":241},{"sectionNumber":"sec.172","sectionType":"section","heading":"Donations towards the objects of this Act","content":"### sec.172 Donations towards the objects of this Act\n\nThe Minister may accept donations of money to assist the objects of this Act.\nThe Minister must ensure—\nproper accounts are kept of donations made under subsection (1) ; and\nthe donations are used only for the purpose of conserving Queensland’s cultural heritage.\ns 172 ins 2003 No. 32 s 20\n(sec.172-ssec.1) The Minister may accept donations of money to assist the objects of this Act.\n(sec.172-ssec.2) The Minister must ensure— proper accounts are kept of donations made under subsection (1) ; and the donations are used only for the purpose of conserving Queensland’s cultural heritage.\n- (a) proper accounts are kept of donations made under subsection (1) ; and\n- (b) the donations are used only for the purpose of conserving Queensland’s cultural heritage.","sortOrder":242},{"sectionNumber":"sec.173","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.173 Chief executive may make guidelines\n\nThe chief executive may, after consultation with the council, make guidelines to provide guidance to persons about any of the following—\nmaking an application under part 4 ;\nthe administration of part 6 , division 1 , for the carrying out of development on a Queensland heritage place;\nthe giving of an exemption certificate under part 6 , division 2 by the chief executive;\ncarrying out an archaeological investigation of a place;\nanother matter relating to the administration of this Act.\nThe chief executive may, after consultation with the council and local governments, make guidelines to provide guidance to local governments about identifying or managing local heritage places.\nIf the chief executive makes a guideline under this section, the chief executive must publish the guideline, as in effect from time to time, on the department’s website.\ns 173 ins 2007 No. 50 s 42\namd 2011 No. 6 s 142 sch ; 2014 No. 61 s 76\n(sec.173-ssec.1) The chief executive may, after consultation with the council, make guidelines to provide guidance to persons about any of the following— making an application under part 4 ; the administration of part 6 , division 1 , for the carrying out of development on a Queensland heritage place; the giving of an exemption certificate under part 6 , division 2 by the chief executive; carrying out an archaeological investigation of a place; another matter relating to the administration of this Act.\n(sec.173-ssec.2) The chief executive may, after consultation with the council and local governments, make guidelines to provide guidance to local governments about identifying or managing local heritage places.\n(sec.173-ssec.3) If the chief executive makes a guideline under this section, the chief executive must publish the guideline, as in effect from time to time, on the department’s website.\n- (a) making an application under part 4 ;\n- (b) the administration of part 6 , division 1 , for the carrying out of development on a Queensland heritage place;\n- (c) the giving of an exemption certificate under part 6 , division 2 by the chief executive;\n- (d) carrying out an archaeological investigation of a place;\n- (e) another matter relating to the administration of this Act.","sortOrder":243},{"sectionNumber":"sec.174","sectionType":"section","heading":"Recording of particular matters","content":"### sec.174 Recording of particular matters\n\nIf—\na place is entered in the Queensland heritage register as a State heritage place; or\nthe chief executive, under section 80 , enters into a heritage agreement that attaches to land; or\nthe chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement;\nthe chief executive must give the registrar notice of the entry or heritage agreement.\nThe notice must include particulars of the land the subject of the entry or heritage agreement.\nThe registrar must keep a record of the entry or heritage agreement.\nThe registrar must keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land—\nis a place entered in the Queensland heritage register as a State heritage place; or\nis the subject of a heritage agreement.\nIf—\na State heritage place is removed from the Queensland heritage register; or\na heritage agreement that attaches to land ends;\nthe chief executive must give the registrar notice of the removal or ending.\nThe registrar must amend the records kept under this section to show the removal or ending.\nWhile a heritage agreement has effect for a place and is recorded by the registrar under this section, the agreement is binding on—\neach person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and\nto the extent the agreement affects the use of the place, the occupier of the place.\nIn this section—\nregistrar means the registrar of titles or another person responsible for keeping a register for dealings in land.\ns 174 ins 2007 No. 50 s 42\namd 2014 No. 61 s 77\n(sec.174-ssec.1) If— a place is entered in the Queensland heritage register as a State heritage place; or the chief executive, under section 80 , enters into a heritage agreement that attaches to land; or the chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement; the chief executive must give the registrar notice of the entry or heritage agreement.\n(sec.174-ssec.2) The notice must include particulars of the land the subject of the entry or heritage agreement.\n(sec.174-ssec.3) The registrar must keep a record of the entry or heritage agreement.\n(sec.174-ssec.4) The registrar must keep the record in a way that a search of the register kept by the registrar under any Act relating to title to land will show the land— is a place entered in the Queensland heritage register as a State heritage place; or is the subject of a heritage agreement.\n(sec.174-ssec.5) If— a State heritage place is removed from the Queensland heritage register; or a heritage agreement that attaches to land ends; the chief executive must give the registrar notice of the removal or ending.\n(sec.174-ssec.6) The registrar must amend the records kept under this section to show the removal or ending.\n(sec.174-ssec.7) While a heritage agreement has effect for a place and is recorded by the registrar under this section, the agreement is binding on— each person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and to the extent the agreement affects the use of the place, the occupier of the place.\n(sec.174-ssec.8) In this section— registrar means the registrar of titles or another person responsible for keeping a register for dealings in land.\n- (a) a place is entered in the Queensland heritage register as a State heritage place; or\n- (b) the chief executive, under section 80 , enters into a heritage agreement that attaches to land; or\n- (c) the chief executive, under section 80 (4) , changes a heritage agreement to state that it attaches to the land the subject of the agreement;\n- (a) is a place entered in the Queensland heritage register as a State heritage place; or\n- (b) is the subject of a heritage agreement.\n- (a) a State heritage place is removed from the Queensland heritage register; or\n- (b) a heritage agreement that attaches to land ends;\n- (a) each person who is from time to time the owner of the place, whether or not the person signed the agreement or agreed to any change to the agreement; and\n- (b) to the extent the agreement affects the use of the place, the occupier of the place.","sortOrder":244},{"sectionNumber":"sec.175","sectionType":"section","heading":"Delegation by Minister or chief executive","content":"### sec.175 Delegation by Minister or chief executive\n\nThe Minister may delegate the Minister’s functions under this Act to—\nthe chairperson of the council; or\na local government; or\nan appropriately qualified public service officer.\nThe chief executive may delegate the chief executive’s functions under this Act, other than a function under section 84 or 92 (1) , to an appropriately qualified public service officer.\nAlso, the chief executive may delegate a function of the chief executive under part 6 , division 2 , other than a function under section 75 , to an appropriately qualified person.\nIn this section—\nfunction includes power.\ns 175 ins 2004 No. 20 s 45\nsub 2007 No. 50 s 43\namd 2014 No. 61 s 78\n(sec.175-ssec.1) The Minister may delegate the Minister’s functions under this Act to— the chairperson of the council; or a local government; or an appropriately qualified public service officer.\n(sec.175-ssec.2) The chief executive may delegate the chief executive’s functions under this Act, other than a function under section 84 or 92 (1) , to an appropriately qualified public service officer.\n(sec.175-ssec.3) Also, the chief executive may delegate a function of the chief executive under part 6 , division 2 , other than a function under section 75 , to an appropriately qualified person.\n(sec.175-ssec.4) In this section— function includes power.\n- (a) the chairperson of the council; or\n- (b) a local government; or\n- (c) an appropriately qualified public service officer.","sortOrder":245},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Chief executive officer of local government may not delegate power under pt 8","content":"### sec.175A Chief executive officer of local government may not delegate power under pt 8\n\nThe chief executive officer of a local government may not delegate the officer’s powers under part 8 .\ns 175A ins 2014 No. 61 s 79","sortOrder":246},{"sectionNumber":"sec.176","sectionType":"section","heading":"Approval of forms","content":"### sec.176 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 176 ins 2007 No. 50 s 43","sortOrder":247},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 ins 2007 No. 50 s 43\nexp 30 June 2008 (see s 177(5))","sortOrder":248},{"sectionNumber":"sec.178","sectionType":"section","heading":"Regulation-making power","content":"### sec.178 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 178 sub 1995 No. 40 s 23\namd 2003 No. 32 s 3 sch","sortOrder":249},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":250},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Provisions for Queensland Heritage and Other Legislation Amendment Act 2003","content":"## Provisions for Queensland Heritage and Other Legislation Amendment Act 2003","sortOrder":251},{"sectionNumber":"sec.179","sectionType":"section","heading":"Assessing and deciding applications made before 28 November 2003","content":"### sec.179 Assessing and deciding applications made before 28 November 2003\n\nSubsection (2) applies for the following—\nan application lodged under section 34 of the previous Act and not decided before 28 November 2003;\nan application for a review made under section 36 of the previous Act and not decided before 28 November 2003;\nan appeal to the Planning and Environment Court made under section 36(6) of the previous Act and not decided before 28 November 2003.\nAn application or appeal mentioned in subsection (1) must be dealt with under the previous Act.\ns 179 ins 2004 No. 20 s 46\n(sec.179-ssec.1) Subsection (2) applies for the following— an application lodged under section 34 of the previous Act and not decided before 28 November 2003; an application for a review made under section 36 of the previous Act and not decided before 28 November 2003; an appeal to the Planning and Environment Court made under section 36(6) of the previous Act and not decided before 28 November 2003.\n(sec.179-ssec.2) An application or appeal mentioned in subsection (1) must be dealt with under the previous Act.\n- (a) an application lodged under section 34 of the previous Act and not decided before 28 November 2003;\n- (b) an application for a review made under section 36 of the previous Act and not decided before 28 November 2003;\n- (c) an appeal to the Planning and Environment Court made under section 36(6) of the previous Act and not decided before 28 November 2003.","sortOrder":252},{"sectionNumber":"sec.180","sectionType":"section","heading":"Compliance with approval given under pt 5 of previous Act","content":"### sec.180 Compliance with approval given under pt 5 of previous Act\n\nSubsection (2) applies for an approval given under part 5 of the previous Act.\nA person must comply with the approval, and any conditions of the approval, as required under the previous Act.\ns 180 ins 2004 No. 20 s 46\n(sec.180-ssec.1) Subsection (2) applies for an approval given under part 5 of the previous Act.\n(sec.180-ssec.2) A person must comply with the approval, and any conditions of the approval, as required under the previous Act.","sortOrder":253},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Provisions for Queensland Heritage and Other Legislation Amendment Act 2007","content":"## Provisions for Queensland Heritage and Other Legislation Amendment Act 2007","sortOrder":254},{"sectionNumber":"sec.181","sectionType":"section","heading":"Definitions for div 2","content":"### sec.181 Definitions for div 2\n\nIn this division—\nassessor means a person appointed as an assessor under section 38 of the pre-amended Act.\ncommencement means the day on which the provision in which the term is used commences.\npost-amended Act means this Act as in force after the commencement.\npre-amended Act means this Act as in force before the commencement.\nregister means the heritage register under the pre-amended Act.\ns 181 ins 2007 No. 50 s 44","sortOrder":255},{"sectionNumber":"sec.182","sectionType":"section","heading":"Application under s 32","content":"### sec.182 Application under s 32\n\nThis section applies to an application that—\nwas made under section 32(1) of the pre-amended Act; and\non the commencement, had not been dealt with by the council under the section.\nThe council must deal, or continue to deal, with the application under section 32(1) of the pre-amended Act as if the section had not been amended under the Queensland Heritage and Other Legislation Amendment Act 2007 .\ns 182 ins 2007 No. 50 s 44\n(sec.182-ssec.1) This section applies to an application that— was made under section 32(1) of the pre-amended Act; and on the commencement, had not been dealt with by the council under the section.\n(sec.182-ssec.2) The council must deal, or continue to deal, with the application under section 32(1) of the pre-amended Act as if the section had not been amended under the Queensland Heritage and Other Legislation Amendment Act 2007 .\n- (a) was made under section 32(1) of the pre-amended Act; and\n- (b) on the commencement, had not been dealt with by the council under the section.","sortOrder":256},{"sectionNumber":"sec.183","sectionType":"section","heading":"Place permanently entered in register taken to be State heritage place","content":"### sec.183 Place permanently entered in register taken to be State heritage place\n\nThis section applies to a place that, immediately before the commencement, was entered in the register on a permanent basis.\nOn the commencement, the place is taken to be a State heritage place under the post-amended Act.\nThe chief executive must ensure a record of the place is included in the Queensland heritage register as soon as practicable after the commencement.\ns 183 ins 2007 No. 50 s 44\n(sec.183-ssec.1) This section applies to a place that, immediately before the commencement, was entered in the register on a permanent basis.\n(sec.183-ssec.2) On the commencement, the place is taken to be a State heritage place under the post-amended Act.\n(sec.183-ssec.3) The chief executive must ensure a record of the place is included in the Queensland heritage register as soon as practicable after the commencement.","sortOrder":257},{"sectionNumber":"sec.184","sectionType":"section","heading":"Dealing with particular application for entry of place in, or removal of place from, register","content":"### sec.184 Dealing with particular application for entry of place in, or removal of place from, register\n\nThis section applies to an application made under section 35 or 36 of the pre-amended Act to enter a place in, or remove a place from, the register if, immediately before the commencement—\nfor an application to enter the place in the register—the place was under consideration for entry, but was not provisionally entered, in the register; or\nfor an application to remove the place from the register—the place—\nwas entered in the register on a permanent basis; and\nthe application had not been decided; and\nthe council had not given any notices as required under section 36(4) of the pre-amended Act in relation to the application.\nThe application is taken to be an application to enter the place in the Queensland heritage register as a State heritage place, or to remove the place from the Queensland heritage register, made to the chief executive under section 36 of the post-amended Act.\nFor dealing with the application under the post-amended Act, the application is taken to have been received by the chief executive on the commencement.\ns 184 ins 2007 No. 50 s 44\n(sec.184-ssec.1) This section applies to an application made under section 35 or 36 of the pre-amended Act to enter a place in, or remove a place from, the register if, immediately before the commencement— for an application to enter the place in the register—the place was under consideration for entry, but was not provisionally entered, in the register; or for an application to remove the place from the register—the place— was entered in the register on a permanent basis; and the application had not been decided; and the council had not given any notices as required under section 36(4) of the pre-amended Act in relation to the application.\n(sec.184-ssec.2) The application is taken to be an application to enter the place in the Queensland heritage register as a State heritage place, or to remove the place from the Queensland heritage register, made to the chief executive under section 36 of the post-amended Act.\n(sec.184-ssec.3) For dealing with the application under the post-amended Act, the application is taken to have been received by the chief executive on the commencement.\n- (a) for an application to enter the place in the register—the place was under consideration for entry, but was not provisionally entered, in the register; or\n- (b) for an application to remove the place from the register—the place— (i) was entered in the register on a permanent basis; and (ii) the application had not been decided; and (iii) the council had not given any notices as required under section 36(4) of the pre-amended Act in relation to the application.\n- (i) was entered in the register on a permanent basis; and\n- (ii) the application had not been decided; and\n- (iii) the council had not given any notices as required under section 36(4) of the pre-amended Act in relation to the application.\n- (i) was entered in the register on a permanent basis; and\n- (ii) the application had not been decided; and\n- (iii) the council had not given any notices as required under section 36(4) of the pre-amended Act in relation to the application.","sortOrder":258},{"sectionNumber":"sec.185","sectionType":"section","heading":"Dealing with particular places under consideration for entry in, or removal from, register on council’s own initiative","content":"### sec.185 Dealing with particular places under consideration for entry in, or removal from, register on council’s own initiative\n\nThis section applies to a place that, immediately before the commencement, was under consideration on the council’s own initiative for entry in or removal from the register if—\nfor a place under consideration for entry in the register—the place has not been provisionally entered in the register; or\nfor a place under consideration for removal from the register—the council has not given any notices as required under section 36(4) of the pre-amended Act in relation to the place.\nOn the commencement, the council’s consideration of the place for entry in or removal from the register under the pre-amended Act is taken to end.\nSubsection (2) does not limit a person’s or other entity’s right to apply, under the post-amended Act—\nfor entry of the place in the Queensland heritage register as a State heritage place; or\nfor removal of the place from the Queensland heritage register.\ns 185 ins 2007 No. 50 s 44\n(sec.185-ssec.1) This section applies to a place that, immediately before the commencement, was under consideration on the council’s own initiative for entry in or removal from the register if— for a place under consideration for entry in the register—the place has not been provisionally entered in the register; or for a place under consideration for removal from the register—the council has not given any notices as required under section 36(4) of the pre-amended Act in relation to the place.\n(sec.185-ssec.2) On the commencement, the council’s consideration of the place for entry in or removal from the register under the pre-amended Act is taken to end.\n(sec.185-ssec.3) Subsection (2) does not limit a person’s or other entity’s right to apply, under the post-amended Act— for entry of the place in the Queensland heritage register as a State heritage place; or for removal of the place from the Queensland heritage register.\n- (a) for a place under consideration for entry in the register—the place has not been provisionally entered in the register; or\n- (b) for a place under consideration for removal from the register—the council has not given any notices as required under section 36(4) of the pre-amended Act in relation to the place.\n- (a) for entry of the place in the Queensland heritage register as a State heritage place; or\n- (b) for removal of the place from the Queensland heritage register.","sortOrder":259},{"sectionNumber":"sec.186","sectionType":"section","heading":"Continuing process for dealing with objection under pre-amended Act","content":"### sec.186 Continuing process for dealing with objection under pre-amended Act\n\nThis section applies if—\non the commencement, the council is considering—\nwhether a place that is provisionally entered in the register should be permanently entered in the register; or\nwhether a place that is permanently entered in the register should be removed from the register; and\nin relation to the proposal to enter the place in or remove the place from the register, an objection has been made under section 37 of the pre-amended Act.\nIf, on the commencement, the council has not referred the objection to an assessor—\nthe council must, under section 39 of the pre-amended Act, refer the objection to an assessor; and\nthe assessor must, under section 40 of the pre-amended Act, enquire into and report to the council on the objection.\nIf, on the commencement, the council has referred the objection to an assessor, the assessor may, under section 40 of the pre-amended Act, enquire into, or continue to enquire into, and report to the council on the objection.\nFor dealing with an objection mentioned in this section—\nthere is to continue to be a panel of expert assessors as provided for under section 38 of the pre-amended Act; and\nthe Minister may, under that section, appoint assessors to the panel; and\nsections 38, 39 and 40(1) to (3) of the pre-amended Act continue to apply in relation to the panel and the assessors as if the Queensland Heritage and Other Legislation Amendment Act 2007 , section 17, had not commenced.\ns 186 ins 2007 No. 50 s 44\n(sec.186-ssec.1) This section applies if— on the commencement, the council is considering— whether a place that is provisionally entered in the register should be permanently entered in the register; or whether a place that is permanently entered in the register should be removed from the register; and in relation to the proposal to enter the place in or remove the place from the register, an objection has been made under section 37 of the pre-amended Act.\n(sec.186-ssec.2) If, on the commencement, the council has not referred the objection to an assessor— the council must, under section 39 of the pre-amended Act, refer the objection to an assessor; and the assessor must, under section 40 of the pre-amended Act, enquire into and report to the council on the objection.\n(sec.186-ssec.3) If, on the commencement, the council has referred the objection to an assessor, the assessor may, under section 40 of the pre-amended Act, enquire into, or continue to enquire into, and report to the council on the objection.\n(sec.186-ssec.4) For dealing with an objection mentioned in this section— there is to continue to be a panel of expert assessors as provided for under section 38 of the pre-amended Act; and the Minister may, under that section, appoint assessors to the panel; and sections 38, 39 and 40(1) to (3) of the pre-amended Act continue to apply in relation to the panel and the assessors as if the Queensland Heritage and Other Legislation Amendment Act 2007 , section 17, had not commenced.\n- (a) on the commencement, the council is considering— (i) whether a place that is provisionally entered in the register should be permanently entered in the register; or (ii) whether a place that is permanently entered in the register should be removed from the register; and\n- (i) whether a place that is provisionally entered in the register should be permanently entered in the register; or\n- (ii) whether a place that is permanently entered in the register should be removed from the register; and\n- (b) in relation to the proposal to enter the place in or remove the place from the register, an objection has been made under section 37 of the pre-amended Act.\n- (i) whether a place that is provisionally entered in the register should be permanently entered in the register; or\n- (ii) whether a place that is permanently entered in the register should be removed from the register; and\n- (a) the council must, under section 39 of the pre-amended Act, refer the objection to an assessor; and\n- (b) the assessor must, under section 40 of the pre-amended Act, enquire into and report to the council on the objection.\n- (a) there is to continue to be a panel of expert assessors as provided for under section 38 of the pre-amended Act; and\n- (b) the Minister may, under that section, appoint assessors to the panel; and\n- (c) sections 38, 39 and 40(1) to (3) of the pre-amended Act continue to apply in relation to the panel and the assessors as if the Queensland Heritage and Other Legislation Amendment Act 2007 , section 17, had not commenced.","sortOrder":260},{"sectionNumber":"sec.187","sectionType":"section","heading":"Dealing with assessor’s report on objection under pre-amended Act","content":"### sec.187 Dealing with assessor’s report on objection under pre-amended Act\n\nThis section applies if, after the commencement and under section 40(3) of the pre-amended Act, an assessor gives the council a report on an objection mentioned in section 186 about a proposal—\nto enter a place in the register on a permanent basis; or\nto remove a place from the register.\nThe council must, within 20 business days after receiving the assessor’s report, consider the report and decide whether to proceed with the proposal.\nFor a proposal to enter a place in the register on a permanent basis, the council may decide—\nto enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or\nto enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or\nnot to enter the place in the Queensland heritage register.\nFor a proposal to remove a place from the register, the council may decide—\nto remove the place from the Queensland heritage register; or\nto vary the entry of the place in the Queensland heritage register; or\nto leave the place in the Queensland heritage register.\nImmediately after making a decision mentioned in subsection (3) or (4), the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.\nWithin 10 business days after receiving the advice, the chief executive must—\ngive public notice of the decision and the day it was made; and\ngive notice of the decision and the reasons for it to—\nthe owner of the place; and\nif the owner is not the local government for the area in which the place is situated—the local government.\nIf the decision is a decision mentioned in subsection (3)(a) or (b), or (4)(a) or (b), the notice given under subsection (6)(b) to the owner of the place must be accompanied by an information notice about the decision.\nThe owner of a place who is given, or is entitled to be given, an information notice under subsection (7) for a decision may appeal against the decision under part 13 as if the owner were a person mentioned in section 161(1)(a).\nThe chief executive must ensure the entry of a place in, removal of a place from, or variation of an entry in, the Queensland heritage register is recorded in the register as soon as practicable after receiving the council’s advice under subsection (5).\ns 187 ins 2007 No. 50 s 44\n(sec.187-ssec.1) This section applies if, after the commencement and under section 40(3) of the pre-amended Act, an assessor gives the council a report on an objection mentioned in section 186 about a proposal— to enter a place in the register on a permanent basis; or to remove a place from the register.\n(sec.187-ssec.2) The council must, within 20 business days after receiving the assessor’s report, consider the report and decide whether to proceed with the proposal.\n(sec.187-ssec.3) For a proposal to enter a place in the register on a permanent basis, the council may decide— to enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or to enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or not to enter the place in the Queensland heritage register.\n(sec.187-ssec.4) For a proposal to remove a place from the register, the council may decide— to remove the place from the Queensland heritage register; or to vary the entry of the place in the Queensland heritage register; or to leave the place in the Queensland heritage register.\n(sec.187-ssec.5) Immediately after making a decision mentioned in subsection (3) or (4), the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.\n(sec.187-ssec.6) Within 10 business days after receiving the advice, the chief executive must— give public notice of the decision and the day it was made; and give notice of the decision and the reasons for it to— the owner of the place; and if the owner is not the local government for the area in which the place is situated—the local government.\n(sec.187-ssec.7) If the decision is a decision mentioned in subsection (3)(a) or (b), or (4)(a) or (b), the notice given under subsection (6)(b) to the owner of the place must be accompanied by an information notice about the decision.\n(sec.187-ssec.8) The owner of a place who is given, or is entitled to be given, an information notice under subsection (7) for a decision may appeal against the decision under part 13 as if the owner were a person mentioned in section 161(1)(a).\n(sec.187-ssec.9) The chief executive must ensure the entry of a place in, removal of a place from, or variation of an entry in, the Queensland heritage register is recorded in the register as soon as practicable after receiving the council’s advice under subsection (5).\n- (a) to enter a place in the register on a permanent basis; or\n- (b) to remove a place from the register.\n- (a) to enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or\n- (b) to enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or\n- (c) not to enter the place in the Queensland heritage register.\n- (a) to remove the place from the Queensland heritage register; or\n- (b) to vary the entry of the place in the Queensland heritage register; or\n- (c) to leave the place in the Queensland heritage register.\n- (a) give public notice of the decision and the day it was made; and\n- (b) give notice of the decision and the reasons for it to— (i) the owner of the place; and (ii) if the owner is not the local government for the area in which the place is situated—the local government.\n- (i) the owner of the place; and\n- (ii) if the owner is not the local government for the area in which the place is situated—the local government.\n- (i) the owner of the place; and\n- (ii) if the owner is not the local government for the area in which the place is situated—the local government.","sortOrder":261},{"sectionNumber":"sec.188","sectionType":"section","heading":"Continuing appointment of assessors","content":"### sec.188 Continuing appointment of assessors\n\nThis section applies to a person who, immediately before the commencement, was an assessor.\nDespite the repeal of section 38 of the pre-amended Act, the person continues as an assessor—\nunder section 38 of the pre-amended Act for the purposes of inquiring into, and reporting on, objections mentioned in section 186; and\non the terms and conditions decided by the Minister.\nSubsection (2) applies to the person until 1 year after the commencement unless the person sooner stops being an assessor.\ns 188 ins 2007 No. 50 s 44\n(sec.188-ssec.1) This section applies to a person who, immediately before the commencement, was an assessor.\n(sec.188-ssec.2) Despite the repeal of section 38 of the pre-amended Act, the person continues as an assessor— under section 38 of the pre-amended Act for the purposes of inquiring into, and reporting on, objections mentioned in section 186; and on the terms and conditions decided by the Minister.\n(sec.188-ssec.3) Subsection (2) applies to the person until 1 year after the commencement unless the person sooner stops being an assessor.\n- (a) under section 38 of the pre-amended Act for the purposes of inquiring into, and reporting on, objections mentioned in section 186; and\n- (b) on the terms and conditions decided by the Minister.","sortOrder":262},{"sectionNumber":"sec.189","sectionType":"section","heading":"Appeals under pre-amended Act","content":"### sec.189 Appeals under pre-amended Act\n\nSubsection (2) applies if, before the commencement—\na person has, under section 41 of the pre-amended Act, appealed to the Planning and Environment Court against a decision of the council; and\nthe appeal has not been decided.\nThe Planning and Environment Court may hear, or continue to hear, and decide the appeal.\nSubsection (4) applies if—\nimmediately before the commencement a person could have appealed to the Planning and Environment Court under section 41 of the pre-amended Act against a decision of the council; and\nthe person has not appealed before the commencement.\nThe person may appeal, and the Planning and Environment Court may hear and decide the appeal.\nFor subsections (2) and (4), section 41(5) to (7) of the pre-amended Act applies as if the Queensland Heritage and Other Legislation Amendment Act 2007 , section 17, had not commenced.\ns 189 ins 2007 No. 50 s 44\n(sec.189-ssec.1) Subsection (2) applies if, before the commencement— a person has, under section 41 of the pre-amended Act, appealed to the Planning and Environment Court against a decision of the council; and the appeal has not been decided.\n(sec.189-ssec.2) The Planning and Environment Court may hear, or continue to hear, and decide the appeal.\n(sec.189-ssec.3) Subsection (4) applies if— immediately before the commencement a person could have appealed to the Planning and Environment Court under section 41 of the pre-amended Act against a decision of the council; and the person has not appealed before the commencement.\n(sec.189-ssec.4) The person may appeal, and the Planning and Environment Court may hear and decide the appeal.\n(sec.189-ssec.5) For subsections (2) and (4), section 41(5) to (7) of the pre-amended Act applies as if the Queensland Heritage and Other Legislation Amendment Act 2007 , section 17, had not commenced.\n- (a) a person has, under section 41 of the pre-amended Act, appealed to the Planning and Environment Court against a decision of the council; and\n- (b) the appeal has not been decided.\n- (a) immediately before the commencement a person could have appealed to the Planning and Environment Court under section 41 of the pre-amended Act against a decision of the council; and\n- (b) the person has not appealed before the commencement.","sortOrder":263},{"sectionNumber":"sec.190","sectionType":"section","heading":"Dealing with particular development applications under repealed Integrated Planning Act 1997","content":"### sec.190 Dealing with particular development applications under repealed Integrated Planning Act 1997\n\nThis section applies to a development application under the repealed Integrated Planning Act 1997 if, immediately before the commencement—\nthe council is the assessment manager or a referral agency under that Act for the application; and\nthe council has not given the council’s decision or referral agency’s response under that Act for the application.\nOn the commencement, the chief executive is taken to be the assessment manager or referral agency under the repealed Integrated Planning Act 1997 for the development application.\nThe chief executive must deal with the application under section 68 of the post-amended Act.\ns 190 ins 2007 No. 50 s 44\namd 2009 No. 36 s 872 sch 2\n(sec.190-ssec.1) This section applies to a development application under the repealed Integrated Planning Act 1997 if, immediately before the commencement— the council is the assessment manager or a referral agency under that Act for the application; and the council has not given the council’s decision or referral agency’s response under that Act for the application.\n(sec.190-ssec.2) On the commencement, the chief executive is taken to be the assessment manager or referral agency under the repealed Integrated Planning Act 1997 for the development application.\n(sec.190-ssec.3) The chief executive must deal with the application under section 68 of the post-amended Act.\n- (a) the council is the assessment manager or a referral agency under that Act for the application; and\n- (b) the council has not given the council’s decision or referral agency’s response under that Act for the application.","sortOrder":264},{"sectionNumber":"sec.191","sectionType":"section","heading":"Application under s 46","content":"### sec.191 Application under s 46\n\nThis section applies to an application for an exemption certificate made under section 46 of the pre-amended Act and not decided before the commencement.\nThe application is taken to have been made to the chief executive under section 72 of the post-amended Act.\nThe chief executive must deal with the application under the post-amended Act.\nFor sections 73(4) and 74(1) of the post-amended Act, the application is taken to have been received by the chief executive on the commencement.\ns 191 ins 2007 No. 50 s 44\n(sec.191-ssec.1) This section applies to an application for an exemption certificate made under section 46 of the pre-amended Act and not decided before the commencement.\n(sec.191-ssec.2) The application is taken to have been made to the chief executive under section 72 of the post-amended Act.\n(sec.191-ssec.3) The chief executive must deal with the application under the post-amended Act.\n(sec.191-ssec.4) For sections 73(4) and 74(1) of the post-amended Act, the application is taken to have been received by the chief executive on the commencement.","sortOrder":265},{"sectionNumber":"sec.192","sectionType":"section","heading":"Continuing exemption certificates","content":"### sec.192 Continuing exemption certificates\n\nThis section applies to an exemption certificate that—\nis in force immediately before the commencement; and\nwas issued for development mentioned in section 46(5)(a), (b), (c), (e) or (f) of the pre-amended Act.\nThe exemption certificate—\ncontinues in force; and\nis taken to be an exemption certificate given under part 5, division 2 of the post-amended Act; and\nif the exemption certificate was issued for development mentioned in section 46(5)(a), (b), (c) or (f) of the pre-amended Act—the development is taken to be development that will not have a detrimental impact on the cultural heritage significance of the place to which it relates.\ns 192 ins 2007 No. 50 s 44\n(sec.192-ssec.1) This section applies to an exemption certificate that— is in force immediately before the commencement; and was issued for development mentioned in section 46(5)(a), (b), (c), (e) or (f) of the pre-amended Act.\n(sec.192-ssec.2) The exemption certificate— continues in force; and is taken to be an exemption certificate given under part 5, division 2 of the post-amended Act; and if the exemption certificate was issued for development mentioned in section 46(5)(a), (b), (c) or (f) of the pre-amended Act—the development is taken to be development that will not have a detrimental impact on the cultural heritage significance of the place to which it relates.\n- (a) is in force immediately before the commencement; and\n- (b) was issued for development mentioned in section 46(5)(a), (b), (c), (e) or (f) of the pre-amended Act.\n- (a) continues in force; and\n- (b) is taken to be an exemption certificate given under part 5, division 2 of the post-amended Act; and\n- (c) if the exemption certificate was issued for development mentioned in section 46(5)(a), (b), (c) or (f) of the pre-amended Act—the development is taken to be development that will not have a detrimental impact on the cultural heritage significance of the place to which it relates.","sortOrder":266},{"sectionNumber":"sec.193","sectionType":"section","heading":"Provision about particular heritage agreements","content":"### sec.193 Provision about particular heritage agreements\n\nThis section applies to a heritage agreement that—\nwas entered into under the pre-amended Act; and\nis in force on the commencement.\nA record kept by the registrar of titles, under section 52(2) of the pre-amended Act, of a notification about the heritage agreement—\nmust be kept in a way mentioned in section 174(4); and\nfor the purposes of section 174(5) to (7)—is taken to be a record of the agreement under that section.\ns 193 ins 2007 No. 50 s 44\n(sec.193-ssec.1) This section applies to a heritage agreement that— was entered into under the pre-amended Act; and is in force on the commencement.\n(sec.193-ssec.2) A record kept by the registrar of titles, under section 52(2) of the pre-amended Act, of a notification about the heritage agreement— must be kept in a way mentioned in section 174(4); and for the purposes of section 174(5) to (7)—is taken to be a record of the agreement under that section.\n- (a) was entered into under the pre-amended Act; and\n- (b) is in force on the commencement.\n- (a) must be kept in a way mentioned in section 174(4); and\n- (b) for the purposes of section 174(5) to (7)—is taken to be a record of the agreement under that section.","sortOrder":267},{"sectionNumber":"sec.194","sectionType":"section","heading":"Places of cultural heritage significance for local government areas","content":"### sec.194 Places of cultural heritage significance for local government areas\n\nThis section applies if, on the commencement, a place is identified in a local government’s local planning instrument as a place of cultural heritage significance for the local government’s area.\nOn the commencement, the place is taken to be a local heritage place for the local government.\nThe local government must ensure that, in relation to the place, the information mentioned in section 114 is included in its local heritage register.\nThe local government must act under subsection (3) within 2 years after the commencement.\nSection 124 does not apply in relation to the entry of a place on a local government’s local heritage register under this section.\nIn this section—\nlocal government does not include a local government prescribed for section 112 under a regulation.\nlocal planning instrument see the repealed Integrated Planning Act 1997 , schedule 10.\ns 194 ins 2007 No. 50 s 44\namd 2009 No. 36 s 872 sch 2\n(sec.194-ssec.1) This section applies if, on the commencement, a place is identified in a local government’s local planning instrument as a place of cultural heritage significance for the local government’s area.\n(sec.194-ssec.2) On the commencement, the place is taken to be a local heritage place for the local government.\n(sec.194-ssec.3) The local government must ensure that, in relation to the place, the information mentioned in section 114 is included in its local heritage register.\n(sec.194-ssec.4) The local government must act under subsection (3) within 2 years after the commencement.\n(sec.194-ssec.5) Section 124 does not apply in relation to the entry of a place on a local government’s local heritage register under this section.\n(sec.194-ssec.6) In this section— local government does not include a local government prescribed for section 112 under a regulation. local planning instrument see the repealed Integrated Planning Act 1997 , schedule 10.","sortOrder":268},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":"Transitional provision for Environmental Protection and Other Legislation Amendment Act 2011","content":"## Transitional provision for Environmental Protection and Other Legislation Amendment Act 2011","sortOrder":269},{"sectionNumber":"sec.195","sectionType":"section","heading":"References to registered place","content":"### sec.195 References to registered place\n\nIn an Act or document, a reference to a registered place under the unamended Act is taken to be a reference to a Queensland heritage place under this Act.\nIn this section—\nunamended Act means this Act as in force from time to time before the commencement of this section.\ns 195 ins 2011 No. 6 s 121\n(sec.195-ssec.1) In an Act or document, a reference to a registered place under the unamended Act is taken to be a reference to a Queensland heritage place under this Act.\n(sec.195-ssec.2) In this section— unamended Act means this Act as in force from time to time before the commencement of this section.","sortOrder":270},{"sectionNumber":"pt.15-div.4","sectionType":"division","heading":"Transitional provisions for Queensland Heritage and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Queensland Heritage and Other Legislation Amendment Act 2014","sortOrder":271},{"sectionNumber":"sec.196","sectionType":"section","heading":"Definitions for div 4","content":"### sec.196 Definitions for div 4\n\nIn this division—\namending Act means the Queensland Heritage and Other Legislation Amendment Act 2014 .\npre-amended Act means this Act as in force immediately before the commencement.\ns 196 prev s 196 ins 2014 No. 33 s 135\nom 2014 No. 33 s 136\npres s 196 ins 2014 No. 61 s 80","sortOrder":272},{"sectionNumber":"sec.197","sectionType":"section","heading":"Archaeological place taken to be State heritage place etc.","content":"### sec.197 Archaeological place taken to be State heritage place etc.\n\nSubsection (2) applies to a place if, immediately before the commencement—\nthe place is an archaeological place under the pre-amended Act; and\nthe entry in the Queensland heritage register for the place includes a statement mentioned in the pre-amended Act, section 31(3)(f) (the original statement ).\nThe place is taken to be a State heritage place.\nAs soon as practicable after the commencement, the chief executive must—\nenter the place in the Queensland heritage register as a State heritage place; and\ninclude in the entry for the place the original statement as the statement mentioned in section 31(3)(e).\nHowever, the place is taken to have been entered in the Queensland heritage register as a State heritage place on the day it was entered in the register as an archaeological place.\nThis section applies in relation to the place despite section 34.\ns 197 ins 2014 No. 61 s 80\n(sec.197-ssec.1) Subsection (2) applies to a place if, immediately before the commencement— the place is an archaeological place under the pre-amended Act; and the entry in the Queensland heritage register for the place includes a statement mentioned in the pre-amended Act, section 31(3)(f) (the original statement ).\n(sec.197-ssec.2) The place is taken to be a State heritage place.\n(sec.197-ssec.3) As soon as practicable after the commencement, the chief executive must— enter the place in the Queensland heritage register as a State heritage place; and include in the entry for the place the original statement as the statement mentioned in section 31(3)(e).\n(sec.197-ssec.4) However, the place is taken to have been entered in the Queensland heritage register as a State heritage place on the day it was entered in the register as an archaeological place.\n(sec.197-ssec.5) This section applies in relation to the place despite section 34.\n- (a) the place is an archaeological place under the pre-amended Act; and\n- (b) the entry in the Queensland heritage register for the place includes a statement mentioned in the pre-amended Act, section 31(3)(f) (the original statement ).\n- (a) enter the place in the Queensland heritage register as a State heritage place; and\n- (b) include in the entry for the place the original statement as the statement mentioned in section 31(3)(e).","sortOrder":273},{"sectionNumber":"sec.198","sectionType":"section","heading":"Local governments prescribed under the pre-amended Act, s 112","content":"### sec.198 Local governments prescribed under the pre-amended Act, s 112\n\nThis section applies to a local government that, immediately before the commencement, was prescribed by regulation for the pre-amended Act, section 112.\nThe requirement under section 112(a) for the local government to identify places of cultural heritage significance in its planning scheme does not apply to the local government until the earlier of the following happens—\nthe local government amends its planning scheme under the Planning Act;\nthe local government reviews its planning scheme under the Planning Act;\nthe local government makes a new planning scheme under the Planning Act.\ns 198 ins 2014 No. 61 s 80\namd 2016 No. 27 s 393\n(sec.198-ssec.1) This section applies to a local government that, immediately before the commencement, was prescribed by regulation for the pre-amended Act, section 112.\n(sec.198-ssec.2) The requirement under section 112(a) for the local government to identify places of cultural heritage significance in its planning scheme does not apply to the local government until the earlier of the following happens— the local government amends its planning scheme under the Planning Act; the local government reviews its planning scheme under the Planning Act; the local government makes a new planning scheme under the Planning Act.\n- (a) the local government amends its planning scheme under the Planning Act;\n- (b) the local government reviews its planning scheme under the Planning Act;\n- (c) the local government makes a new planning scheme under the Planning Act.","sortOrder":274},{"sectionNumber":"sec.199","sectionType":"section","heading":"Non-application of particular provisions to local governments","content":"### sec.199 Non-application of particular provisions to local governments\n\nThis section applies to a local government if—\nbecause of section 198 the requirement under section 112(a) for the local government to identify places of cultural heritage significance in its planning scheme does not apply to the local government; or\nthe local government identifies, under section 112(a), places of cultural heritage significance in its planning scheme.\nSection 112B and part 11, divisions 2 to 5 do not apply in relation to the local government.\ns 199 ins 2014 No. 61 s 80\namd 2016 No. 27 s 394\n(sec.199-ssec.1) This section applies to a local government if— because of section 198 the requirement under section 112(a) for the local government to identify places of cultural heritage significance in its planning scheme does not apply to the local government; or the local government identifies, under section 112(a), places of cultural heritage significance in its planning scheme.\n(sec.199-ssec.2) Section 112B and part 11, divisions 2 to 5 do not apply in relation to the local government.\n- (a) because of section 198 the requirement under section 112(a) for the local government to identify places of cultural heritage significance in its planning scheme does not apply to the local government; or\n- (b) the local government identifies, under section 112(a), places of cultural heritage significance in its planning scheme.","sortOrder":275},{"sectionNumber":"pt.15-div.5","sectionType":"division","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"## Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":276},{"sectionNumber":"sec.200","sectionType":"section","heading":"Definitions for division","content":"### sec.200 Definitions for division\n\nIn this division—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 200 ins 2016 No. 27 s 395","sortOrder":277},{"sectionNumber":"sec.201","sectionType":"section","heading":"Existing particular development applications","content":"### sec.201 Existing particular development applications\n\nSubsection (2) applies to an existing application for a development approval mentioned in former section 59(3)(b).\nFormer section 59 continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (4) applies to an existing development application mentioned in former section 68(1).\nFormer section 68 continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (6) applies to an existing development application mentioned in former section 69(1).\nFormer section 69 continues to apply in relation to the application as if the amending Act had not been enacted.\nSubsection (8) applies to an existing development application mentioned in former section 70.\nFormer section 70 continues to apply in relation to the application as if the amending Act had not been enacted.\nIn this section—\nexisting application for a development approval or existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.\ns 201 ins 2016 No. 27 s 395\n(sec.201-ssec.1) Subsection (2) applies to an existing application for a development approval mentioned in former section 59(3)(b).\n(sec.201-ssec.2) Former section 59 continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.201-ssec.3) Subsection (4) applies to an existing development application mentioned in former section 68(1).\n(sec.201-ssec.4) Former section 68 continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.201-ssec.5) Subsection (6) applies to an existing development application mentioned in former section 69(1).\n(sec.201-ssec.6) Former section 69 continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.201-ssec.7) Subsection (8) applies to an existing development application mentioned in former section 70.\n(sec.201-ssec.8) Former section 70 continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.201-ssec.9) In this section— existing application for a development approval or existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.","sortOrder":278},{"sectionNumber":"sec.202","sectionType":"section","heading":"Existing appeals","content":"### sec.202 Existing appeals\n\nThis section applies if—\na person started an appeal to the Planning and Environment Court under former section 111 or former part 13 about a matter; and\nthe appeal had not been decided before the commencement.\nThe Planning and Environment Court must hear, or continue to hear, and decide the appeal under former section 111 or former part 13 as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 202 ins 2016 No. 27 s 395\n(sec.202-ssec.1) This section applies if— a person started an appeal to the Planning and Environment Court under former section 111 or former part 13 about a matter; and the appeal had not been decided before the commencement.\n(sec.202-ssec.2) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under former section 111 or former part 13 as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) a person started an appeal to the Planning and Environment Court under former section 111 or former part 13 about a matter; and\n- (b) the appeal had not been decided before the commencement.","sortOrder":279},{"sectionNumber":"sec.203","sectionType":"section","heading":"Entries in local government’s local heritage register made before commencement","content":"### sec.203 Entries in local government’s local heritage register made before commencement\n\nThis section applies if a place was entered in a local government’s local heritage register before the commencement.\nFormer section 124 and the repealed Planning Act continue to apply in relation to the entry as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\nIf a person claims, or claimed, compensation under the repealed Planning Act in relation to the entry, a claim for compensation can not be made in relation to the entry under the Planning Act.\ns 203 ins 2016 No. 27 s 395\n(sec.203-ssec.1) This section applies if a place was entered in a local government’s local heritage register before the commencement.\n(sec.203-ssec.2) Former section 124 and the repealed Planning Act continue to apply in relation to the entry as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n(sec.203-ssec.3) If a person claims, or claimed, compensation under the repealed Planning Act in relation to the entry, a claim for compensation can not be made in relation to the entry under the Planning Act.","sortOrder":280},{"sectionNumber":"sec.204","sectionType":"section","heading":"Court’s power to make particular restoration orders, and their enforcement","content":"### sec.204 Court’s power to make particular restoration orders, and their enforcement\n\nThis section applies if, before or after the commencement, a person is convicted of an offence against the repealed Planning Act, section 578(1) or 580 in relation to development on a Queensland heritage place.\nFormer section 164B applies or continues to apply in relation to the offence as if the amending Act had not been enacted.\ns 204 ins 2016 No. 27 s 395\n(sec.204-ssec.1) This section applies if, before or after the commencement, a person is convicted of an offence against the repealed Planning Act, section 578(1) or 580 in relation to development on a Queensland heritage place.\n(sec.204-ssec.2) Former section 164B applies or continues to apply in relation to the offence as if the amending Act had not been enacted.","sortOrder":281},{"sectionNumber":"sec.205","sectionType":"section","heading":"Court’s power to make particular non-development orders, and their enforcement","content":"### sec.205 Court’s power to make particular non-development orders, and their enforcement\n\nThis section applies if, before or after the commencement—\nthe owner of a Queensland heritage place is convicted of an offence against the repealed Planning Act, section 578(1) or 580; and\nthe offence involves the destruction of, or damage to, a Queensland heritage place.\nFormer section 164C applies or continues to apply in relation to the offence as if the amending Act had not been enacted.\ns 205 ins 2016 No. 27 s 395\n(sec.205-ssec.1) This section applies if, before or after the commencement— the owner of a Queensland heritage place is convicted of an offence against the repealed Planning Act, section 578(1) or 580; and the offence involves the destruction of, or damage to, a Queensland heritage place.\n(sec.205-ssec.2) Former section 164C applies or continues to apply in relation to the offence as if the amending Act had not been enacted.\n- (a) the owner of a Queensland heritage place is convicted of an offence against the repealed Planning Act, section 578(1) or 580; and\n- (b) the offence involves the destruction of, or damage to, a Queensland heritage place.","sortOrder":282},{"sectionNumber":"sec.206","sectionType":"section","heading":"Court’s power to make particular education and public benefit orders","content":"### sec.206 Court’s power to make particular education and public benefit orders\n\nThis section applies if, before or after the commencement, a person is convicted of an offence against the repealed Planning Act, section 578 or 580 in relation to development on a Queensland heritage place.\nFormer section 164D applies or continues to apply in relation to the offence as if the amending Act had not been enacted.\ns 206 ins 2016 No. 27 s 395\n(sec.206-ssec.1) This section applies if, before or after the commencement, a person is convicted of an offence against the repealed Planning Act, section 578 or 580 in relation to development on a Queensland heritage place.\n(sec.206-ssec.2) Former section 164D applies or continues to apply in relation to the offence as if the amending Act had not been enacted.","sortOrder":283}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the Act’s core original purpose of identifying and conserving State cultural heritage (sec 2), later amendments and the current text broadened its operational and enforcement footprint. The law now contains: stronger and more detailed enforcement powers for authorised officers (search, seizure, warrants and heavy penalties) (secs 125–151, 135–136, 141, 148, 155); explicit stop-order powers for the Minister to halt works pending assessment (secs 154–154B); a statutory compensation and State-ownership route for important artefacts (secs 92–98); explicit executive and local-government delegation routes and general exemption certificates which can pre-authorise classes of development (secs 75, 175); and tighter integration with planning law and local government planning instruments (numerous cross-references, secs 71, 121, 124). These additions expand the Act from a register-and-advice law into a more interventionist, enforcement-capable regulatory regime with detailed procedural safeguards, multiple regulatory instruments and stronger potential impacts on landowners and developers (see secs cited)."},"complexity_factors":["Extensive cross-referencing to other Acts (Planning Act, Nature Conservation Act, EPBC Act, QCAT Act) throughout multiple provisions (e.g. secs 8, 51, 121, 124).","Multiple decision-makers with overlapping roles and delegation paths (Minister, chief executive, Queensland Heritage Council, local government chief executive officers) increasing conditionality (secs 8, 71A, 75, 175).","Layered timeframes and conditional extensions across processes (applications, submissions, recommendations and council decisions: 20/40/60/80/100/120 business-day bands in secs 36A, 41, 44–52).","Numerous exceptions and ‘unless’ clauses (e.g. Aboriginal/Torres Strait Islander exclusions sec 3; owner consent and ‘minor change’ carve-outs sec 34, 122).","Wide enforcement regime with detailed procedural safeguards for warrants, seizure, forfeiture, return, and compensation (secs 135–151, 141–150, 92–98).","Multiple types of legal instruments and outcomes (heritage register entries, protected areas, heritage agreements, exemption certificates, stop orders, restoration/non-development/education orders) each with separate procedures (secs 31, 75, 80, 154, 164B–D).","Significant penalty gradation (penalty units range from small fines to 17,000 penalty units for major contraventions — secs 76, 104, 155, 164B–C).","Extensive transitional and amendment history embedded in the Act (many transitional sections and amendments listed), increasing interpretative complexity (pt 15 and many amending-notes)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates and keeps running the Queensland Heritage Council and gives it advisory and administrative functions (see secs 2, 6–9).\n- Requires a maintained public register of places and areas of State cultural heritage significance called the Queensland heritage register (sec 31). Entries must identify location, history, boundaries and the cultural heritage significance (sec 31(3)). The chief executive publishes the register online (sec 32).\n- Sets objective, published criteria for when a place may be entered as a State heritage place (sec 2, sec 35) and prescribes a multi-step application, notice, submission, recommendation and decision process for entering or removing places from the register (secs 36–56). Timelines, extensions and owner rights to respond and be heard are built into that process (secs 36A, 41, 44–51, 52).\n- Excludes places that are of cultural significance solely through Aboriginal tradition or Torres Strait Islander custom from this Act unless specific conditions are met (sec 3).\n- Gives the Minister, chief executive and council powers to manage development affecting heritage places, including requiring reports from State agencies proposing development (sec 71), issuing exemption certificates that permit specified development without further approval (secs 72–76), and making stop orders to halt harmful activity (secs 154–154B).\n- Requires owners and some applicants to give advance notice of development applications in certain circumstances while an application to enter a place is pending (secs 58–59).\n- Provides for heritage agreements (State) and local heritage agreements (local government) that can attach to land and set binding conditions on use, works and public access (secs 80–81, 174).\n- Gives enforcement powers: authorised officers can inspect, require information, enter (with consent or warrant), seize and secure evidence, and require repairs or maintenance in limited circumstances (secs 125–151, 84). There are detailed procedures for warrants, seizure, receipt, return and forfeiture (secs 135–149).\n- Creates criminal and civil offences for interfering with archaeological and underwater cultural heritage artefacts, for failure to report discoveries, for contravening repair notices, stop orders, permit conditions and other orders; sets penalties (secs 84, 89–91, 104, 155, 164B–D).\n- Establishes compensation and State ownership mechanisms for important artefacts and a process to apply for compensation where State ownership is declared (secs 92–98).\n- Requires local governments to identify and keep local heritage registers and sets a parallel process for local listings, notices and public submissions; integrates local heritage matters into planning assessment (secs 112–124, 121).\n- Provides appeal routes to the Planning and Environment Court and (for some compensation matters) QCAT, including restricted grounds of appeal focused on whether a place meets the statutory heritage criteria (secs 111, 161–164, 98).\n- Includes transitional, delegation and guideline-making provisions, and aligns the Act with other planning and conservation laws (many cross-references across the Act and to the Planning Act, Nature Conservation Act and EPBC Act).\n\n**Who is affected**\n\n- Property owners of nominated or listed places — they face application processes, notice obligations, possible restrictions on development or use, repair notices, heritage agreements that attach to title, and criminal/civil penalties for contraventions (see secs 36–59, 80–81, 84, 164B–D, 174).\n- Developers and businesses operating on or near heritage places — they face additional planning requirements, possible stop orders, and may need exemption certificates or to negotiate heritage agreements (secs 71, 72–76, 154).\n- Local governments — required to identify and manage local heritage places, keep local registers, and to cooperate with State agencies; they may also be delegated decision-making for some exemption certificates (secs 112–124, 71A, 175).\n- The Queensland Heritage Council, the Minister and the departmental chief executive — who decide, advise, administer, and enforce (secs 6–9, 31, 71, 175).\n- Anyone who discovers archaeological or underwater cultural heritage artefacts — they must report discoveries (sec 89) and then must not interfere with finds for set periods unless authorised (secs 90–91).\n\n**Why it matters (policy rationales the Act asserts, then practical trade-offs)**\n\n- The Act is explicitly about conserving Queensland’s cultural heritage for the community and future generations (sec 2). The practical mechanisms to achieve that are: identification (registers), regulation of development affecting heritage places, enforceable heritage agreements, reporting and protection of archaeological finds, and enforcement powers (sec 2(2)).\n\n- Trade-offs and incentives to note:\n  - Who pays: Owners and developers typically bear compliance costs (time and expense of applications, possible requirements for works, restrictions on development). Owners may face penalties, restoration orders, or non-development orders if convicted (secs 76, 164B–C). The State bears administration and enforcement costs but may recover costs (e.g. through court-ordered restoration or by prescribing fees for permits and applications — see secs 72(2)(v), 107(3)(d), 164B(5)).\n  - Decision-making and discretion: The law gives substantial administrative discretion to the chief executive, the council and the Minister (e.g. making heritage recommendations, issuing exemption certificates, stop orders, publishing general exemptions) — this concentrates decision power within bureaucracy and elected office (secs 8–9, 44, 71, 75, 154, 175). That discretion raises implementation risk (variability in outcomes, need for robust guidelines and resourcing) and increases the value of good administrative processes (sec 173 requires guidelines).\n  - Compliance burden and delay: The application process for registering places is document-heavy and includes multiple public-notice, submission and hearing steps with layered timelines (secs 36, 36A, 38–41, 44–56). That structure protects procedural fairness but increases transaction costs and creates opportunities for delay and potential hold-ups to development.\n  - Market effects: Heritage listings and agreements attach to land and restrict future use (secs 80, 174). That affects property rights and can change asset liquidity, investment returns and land values. The Act contains a mechanism for compensation in narrow circumstances (e.g. for artefact loss or adverse planning change under linked planning laws — secs 92–98 and sec 124 referencing the Planning Act). Where compensation is limited or costly to obtain, owners internalise heritage constraints, which can deter investment or prompt alternative uses.\n  - Concentrated benefits, diffuse costs: Benefits from listing (for example, to historical societies, tourists or cultural groups) are often focused and visible; costs (permit conditions, delays, extra maintenance) fall on individual owners and developers and may be widely distributed. The Act gives standing to heritage organisations on the Council and in procedural steps (sec 10) which can create incentives for groups to seek listings that benefit their constituency.\n  - Risk of regulatory capture or rent-seeking is a practical possibility because the Act creates contested administrative processes (nominations, public submissions, council recommendations) where interest groups can influence outcomes. The Act mitigates some risk by prescribing criteria (sec 35) and public procedures (secs 38–41, 39), but discretion remains.\n\n**Implementation, enforcement and remedies**\n\n- Enforcement is backed by criminal penalties and administrative orders (repair and maintenance notices sec 84; stop orders sec 154; restoration, education and non-development orders on conviction secs 164B–D). Penalties scale up to large sums (e.g. up to 17,000 penalty units for very serious contraventions — secs 104, 155, 164B–C).\n- The Act provides for authorised officers with search, seizure and warrant powers and detailed safeguards (secs 125–151, 135–138). It also provides for compensation for losses in limited circumstances where the State declares artefacts to be State property (secs 92–98).\n\n**Practical actions for affected parties**\n\n- Owners: read and monitor register notices about your property (secs 31–33, 38–40), comply with notice obligations and development-notification duties (secs 58–59), and consider whether a heritage agreement is appropriate (sec 80).\n- Developers: check whether an exemption certificate is available (secs 72–76) and expect additional time for heritage-related referral and consultation (sec 71).\n- Local governments: ensure planning instruments and local heritage registers meet the Act’s requirements and be ready to consult and act on State recommendations (secs 112–124, 112A–B).\n\n**Key section references (non-exhaustive):** object and mechanisms (sec 2); council (secs 6–9); register (secs 31–34); entry criteria and process (secs 35–56); exemptions and exemptions certificates (secs 71–76, 72); owner notifications (secs 58–59); heritage agreements (secs 80–81); enforcement and authorised persons (secs 84, 125–151); stop orders (secs 154–154B); artefact discovery and ownership (secs 89–98); local government duties (secs 112–124); appeals (secs 111, 161–164)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its 1992 origins. Multiple amendments (2003, 2007, 2011, 2014, 2016, 2024) have broadened scope to include: underwater cultural heritage artefacts, online publication requirements, non-complying application procedures, criminal history checks for council members, explicit advice roles in planning development applications under the Planning Act, and more detailed procedural requirements for the listing process. The original Act focused primarily on establishing the register and council; it has evolved into a comprehensive regulatory framework with detailed procedural safeguards for owners and applicants."},"complexity_factors":["Multiple overlapping procedural timelines (10, 20, 40, 80, 120 business day deadlines) for applications, submissions, and recommendations","Interaction with other legislation (Planning Act, Aboriginal Cultural Heritage Act, Corporations Act) creates cross-referencing complexity","Layered decision-making structure involving the chief executive, Heritage Council, applicants, owners, and local governments at different stages","Distinction between State heritage places, protected areas, local heritage places, and excluded places requires careful navigation","Conflict of interest provisions with complex quorum modifications for interested members","Dual registration/deregistration pathways with strict 5-year re-application restrictions","Separate treatment of Aboriginal and Torres Strait Islander heritage requiring understanding of intersecting legislative frameworks","Multiple application types (entry, removal, partial removal) each with different documentary requirements"],"plain_english_summary":"## Queensland Heritage Act 1992 — What It Does and Why It Matters\n\n### The Big Picture\nThis law protects Queensland's historically and culturally significant places (buildings, sites, landscapes) for current and future generations. It sets up a system to identify, register, and manage these places — and controls what can be done to them.\n\n### Who Does This Affect?\n- **Property owners** whose land or buildings might be listed (or already are listed) as heritage places — this affects what you can do with your property\n- **Developers** wanting to build on or near heritage-listed properties\n- **Local councils** who must help identify and manage locally significant places\n- **The general public** who can nominate places for listing or make submissions\n- **Anyone** who discovers archaeological artefacts (objects from the past) — you must report them\n\n### Key Things This Law Does\n\n**1. Creates the Queensland Heritage Council**\nA government body that independently decides which places get heritage protection. It advises the Minister, encourages public interest in heritage, and guides development decisions. Members are drawn from organisations like the National Trust, Local Government Association, and unions, plus heritage experts.\n\n**2. The Queensland Heritage Register**\nA publicly accessible list (available free online) of places with significant cultural heritage value. Getting listed means your property has legal protections attached to it. The register records what makes each place significant, its history, and any agreements about how it's managed.\n\n**3. How Places Get Listed (or Removed)**\nAnyone — the public, a council, or the government — can apply to list or delist a place. A place can be listed if it meets at least one of eight heritage criteria, including:\n- Demonstrating Queensland's history\n- Being rare or endangered\n- Having archaeological potential\n- Aesthetic significance\n- Creative or technical achievement\n- Association with a particular community or person\n\nThe process involves: public notice, written submissions from anyone who wants to have a say, a formal recommendation from the chief executive (the department head), and then a decision by the Heritage Council. **Owners are specifically notified and have rights to respond.**\n\n**4. Protections for Listed Places**\nOnce listed, development affecting a heritage place is regulated (controlled) — you generally need approval before making significant changes.\n\n**5. What's NOT Covered**\nThis Act does **not** apply to places significant solely because of Aboriginal or Torres Strait Islander cultural traditions — those are covered by separate legislation. However, if a place has *both* Indigenous and non-Indigenous significance, this Act can apply with the landowners' consent.\n\n**6. Heritage Agreements**\nOwners can enter voluntary agreements with the government about how they'll manage their heritage property — these can allow certain types of development that might otherwise be restricted.\n\n**7. Reporting Discoveries**\nIf you find archaeological artefacts (objects left by past human activity) or underwater cultural heritage items, you must report them.\n\n**8. Enforcement**\nThe Act has enforcement powers to protect heritage places from damage or unauthorised changes.\n\n### Important for Property Owners\nIf your property is being considered for heritage listing, you will be notified. You have the right to make submissions and oral representations to the Heritage Council before any decision is made. There is a 5-year waiting period before someone can re-apply to list or delist a place after a decision has been made."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":669},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1992 form. Major amendments in 2003, 2007, 2011, 2014 and 2016 have added: local government heritage registers (Part 11), integration with the Planning Act 2016, exemption certificates for development, stop orders, detailed enforcement powers with authorised officers, and complex transitional arrangements. The original focus on State-level heritage registration has grown to encompass a comprehensive three-tier system (State, local, protected areas) with extensive development controls and enforcement mechanisms."},"complexity_factors":["Multiple overlapping registration systems (State register, local registers, protected areas, excluded places)","Extensive procedural requirements for applications with multiple stages, time limits and notification obligations","Numerous cross-references to the Planning Act 2016 for development assessment integration","Conditional logic throughout (e.g., different rules for archaeological vs non-archaeological places, different timeframes when owners respond vs when they don't)","Delegated decision-making across three levels (Minister, chief executive, Queensland Heritage Council) with different powers","Heritage agreements that 'attach to land' and bind successors in title creating ongoing property law implications","Complex enforcement framework with authorised persons, warrants, seizure powers and multiple appeal pathways","Transitional provisions preserving old assessment processes for pending applications"],"plain_english_summary":"This Act protects Queensland's cultural heritage by establishing a system to identify, register and conserve places of historical significance. It creates the **Queensland Heritage Council**—an independent body that advises the government on heritage matters and decides which places are added to or removed from the **Queensland Heritage Register**.\n\n**Key things the Act does:**\n\n- **Establishes the Queensland Heritage Register**—a public list of \"State heritage places\" that are important to Queensland's history, including buildings, archaeological sites and underwater cultural heritage\n- **Sets criteria for heritage listing**—places must demonstrate historical significance, rarity, archaeological potential, aesthetic value, or special community associations\n- **Requires discovery reporting**—anyone who finds archaeological or underwater heritage artefacts must notify the chief executive\n- **Regulates development**—owners of heritage places must notify authorities before certain development applications, and the State must get council advice before developing heritage places\n- **Provides for heritage agreements**—voluntary contracts between owners and the government about how heritage places will be managed\n- **Allows local heritage registers**—local governments can maintain their own lists of locally significant places\n- **Creates enforcement powers**—authorised officers can enter places, seize evidence and issue stop orders to prevent damage to heritage places\n- **Provides for stop orders**—the Minister can urgently stop work that threatens a place's heritage significance\n\n**Who it affects:** Property owners, developers, local governments, archaeologists, and anyone who owns or works on heritage-listed places. The Act does **not** apply to places significant only for Aboriginal or Torres Strait Islander heritage (these are covered by separate cultural heritage laws).\n\n**Why it matters:** It ensures Queensland's historically important buildings, sites and objects are identified and protected from inappropriate development or destruction, while balancing conservation with practical land use needs."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-heritage-act-1992","history":"/api/acts/queensland-heritage-act-1992/history","analysis":"/api/acts/queensland-heritage-act-1992/analysis","conflicts":"/api/acts/queensland-heritage-act-1992/conflicts","importantCases":"/api/acts/queensland-heritage-act-1992/important-cases","documents":"/api/acts/queensland-heritage-act-1992/documents"}}