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Heritage Act 2011
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4 Definitions
In this Act:
Aboriginal or Macassan archaeological object, see section 8(2).
Aboriginal or Macassan archaeological place, see section 6(2).
Aboriginal tradition, see section 3(1) of the Aboriginal Land Rights
(Northern Territory) Act 1976 (Cth).
acting in an official capacity, in relation to a heritage officer,
means the officer is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
affected person, for:
(a) a reviewable decision – see section 90(2); or
(b) an appealable decision – see section 93(2).
appealable decision, see section 93(1).
appointed heritage officer, see section 141(1)(a).
appointed members, see section 128(1)(a).
approved form means a form approved under section 145.
archaeological object, see section 8(1).
archaeological place, see section 6(1).
assessment period, see section 23.
building includes a structure of any kind.
cause damage, to a heritage place or object, includes:
(a) destroy the place or object; and
(b) diminish the heritage significance of the place or object.
CEO means the Chief Executive Officer.
chairperson means the chairperson of the Council.
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connected, for Chapter 5, see section 100.
conservation, of a place or object, see section 12(1).
Council means the Heritage Council established by section 124.
decision maker means:
(a) for an application for major work – the Minister; or
(b) for another application – the Council.
deputy chairperson means the deputy chairperson of the Council.
exempt work, see section 78(1).
heritage agreement, see section 68(1).
heritage assessment criteria, see section 11.
heritage nomination, see section 20(1).
heritage object means:
(a) an object declared under Part 2.1 or 2.2 to be a heritage
(b) an object of a protected class of heritage objects.
heritage officer, see section 141.
heritage place means:
(a) a place declared under Part 2.1 or 2.2 to be a heritage place;
or
(b) a place of a protected class of heritage places.
heritage significance, see section 10.
information notice, see section 94.
interested person, for:
(a) a place – means each of the following persons:
(i) the owner of the place and, if the place is occupied by
someone else, the occupier;
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(ii) for land entered in the land register under the Land Title
Act 2000 – the holder of a registered interest in the land
under that Act;
(iii) for land covered by a resources interest – the holder of
the interest; or
(b) an object – means the owner of the object and, if the object is
in the lawful possession of someone else, the person in
possession of the object.
interpretation, of a place or object, see section 12(2).
land includes:
(a) land that is, or is at any time, covered by Territory waters; and
(b) Territory waters.
major work means work that is likely to:
(a) cause significant damage to a heritage place or object; or
(b) to significantly alter the heritage significance of a heritage
member means a member of the Council, and includes the
chairperson and deputy chairperson.
object, see section 7.
on, in relation to a place, includes at and in the place.
occupier, of a place:
(a) means:
(i) a person in occupation of the place; or
(ii) the person in control of the place; or
(iii) if the place has different parts occupied or controlled by
different persons – each person in occupation or control
of the part concerned; and
(b) for Chapter 5 – see section 99.
owner, for Part 3.1, see section 67.
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place, see:
(a) generally – section 5; or
(b) for Chapter 5 – section 99.
protected class, for a heritage place or object, means a place or
object of a class of places or objects of heritage significance
declared under Part 2.3 to be a protected class of places or objects.
public consultation period, for:
(a) Part 2.2 – see section 26(2)(b); or
(b) Part 2.3 – see section 45(2)(b); or
(c) Part 2.4 – see section 59(3).
register means the register kept under section 139.
relic, see section 9.
repair order, see section 86(1).
resources interest, in land, means:
(a) a registered licence or permit under the Energy Pipelines
Act 1981; or
(b) a geothermal authority under the Geothermal Energy Act 2009
(other than a geothermal exploration permit); or
(c) a mineral title under the Mineral Titles Act 2010 (other than a
mineral exploration licence or extractive mineral exploration
licence); or
(d) a petroleum interest under the Petroleum Act 1984 (other than
an exploration permit).
reviewable decision, see section 90(1).
review notice means a notice given under section 34 of the
Northern Territory Civil and Administrative Tribunal Act 2014.
revocation request, for Part 2.4, see section 56(1) and (2).
revoke, for Part 2.4, see section 55.
sacred site, see section 3(1) of the Aboriginal Land Rights Act
(Northern Territory) Act 1976 (Cth).
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stop work order, see section 80.
Tribunal means the Civil and Administrative Tribunal.
use includes proposed use.
work includes:
(a) a physical act that results in, or may result in, a change to the
nature, appearance or physical nature of a heritage place or
object; and
(b) the subdivision or consolidation of land.
Examples of work for paragraph (a)
1 Construction, removal or demolition of a building.
2 Alteration or decoration of a building.
3 Archaeological excavation.
4 Removal, destruction or lopping of trees.
5 Removal of topsoil.
6 Erection of a sign or hoarding.
work approval, see section 72(1).
5 Meaning of place
(1) A place is an area of land.
(2) A place includes:
(a) a building or, a part of a building, on the place; and
(b) an item historically or physically associated with the place if
the primary importance of the item derives (completely or
partly) from that association; and
(c) equipment, furniture, fittings and articles on, or historically or
physically associated with, the place.
Examples of places for section 5
1 A reef or a cliff, cutting, gorge, spring or other landform.
2 A plant or animal community.
3 Fossil beds.
4 A park or garden.
5 A lighthouse, church, homestead, railway station or gaol.
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6 A stock well.
7 A cemetery, burial site or grave.
8 An airstrip, magazine, storage tunnel or other military installation.
9 The site of a shipwreck or aircraft crash.
6 Meaning of archaeological place and Aboriginal or Macassan
archaeological place
(1) An archaeological place is a place that:
(a) relates to the past human occupation of the Territory; and
(b) has been modified by the activity of the occupiers.
(2) An Aboriginal or Macassan archaeological place is a place that:
(a) relates to the past human occupation of the Territory by
Aboriginal or Macassan people; and
(b) has been modified by the activity of those people.