Heritage Act 2017

Part 1—Preliminary

1 Purpose

The purpose of this Act is to re-enact with amendments the Heritage Act 1995—

(a) to provide for the protection and conservation of the cultural heritage of the State; and

(b) to establish a Victorian Heritage Register for the registration of places and objects; and

(c) to establish a Heritage Inventory for the recording of archaeological sites and approved sites of archaeological value; and

(d) to establish a Heritage Council to perform functions in relation to cultural heritage; and

(e) to establish a Heritage Fund to provide for the conservation and management of cultural heritage; and

(f) to provide for the management of places included in the World Heritage List; and

(g) to create offences and other enforcement measures to protect and conserve cultural heritage.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 November 2017, it comes into operation on that day.

3 Definitions

(1) In this Act—

Aboriginal person has the same meaning as in the Aboriginal Heritage Act 2006;

Aboriginal tradition has the same meaning as in the Aboriginal Heritage Act 2006;

alter, in relation to a place or object, means to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration;

approved site of archaeological value means a site of archaeological value approved by the Heritage Council under section 133;

Approved World Heritage Management Plan means a World Heritage Management Plan approved under Part 9 and includes any approved amendments to that plan;

Approved World Heritage Strategy Plan means a World Heritage Strategy Plan approved under Part 9 and includes any approved amendments to that plan;

archaeological artefact means an object (other than a shipwreck artefact) which provides information of past activity in the State and—

(a) is associated with an archaeological site; or

(b) is associated with a registered archaeological place; or

(c) is associated with an approved site of archaeological value; or

(d) is associated with a place that was an archaeological site, registered archaeological place or approved site of archaeological value;

archaeological site means a place (other than a shipwreck) which—

(a) contains an artefact, deposit or feature which is 75 or more years old; and

(b) provides information of past activity in the State; and

(c) requires archaeological methods to reveal information about the settlement, development or use of the place; and

(d) is not associated only with Aboriginal occupation of the place;

S. 3(1) def. of audio link inserted by No. 5/2023 s. 13.

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

S. 3(1) def. of audio visual link inserted by No. 5/2023 s. 13.

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

building includes a structure, work and fixture, and any part of a building, structure, work or fixture;

S. 3(1) def. of building permit inserted by No. 5/2023 s. 25(a).

building permit means a building permit issued under the Building Act 1993;

S. 3(1) def. of business day inserted by No. 5/2023 s. 25(a).

business day means a day other than—

(a) a Saturday or a Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday or public half‑holiday;

committee means a committee established under section 13;

conservation includes—

(a) the retention of the cultural heritage significance of a place or object; and

(b) any maintenance, protection, preservation, restoration, reconstruction or sustainable use of a place or object;

corporate plan means a corporate plan prepared by the Heritage Council and approved by the Minister under clause 9 of Schedule 1;

cultural heritage means places and objects of—

(a) cultural heritage significance; or

(b) State-level cultural heritage significance;

cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage permit has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage significance means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance;

S. 3(1) def. of Department amended by No. 5/2023 s. 25(b).

Department means the Department of Transport and Planning;

develop, in relation to a place, means—

(a) to construct or alter the place or a building on the place; or

(b) to demolish or remove a building or structure on the place; or

(c) to carry out any works on, over or under the place; or

(d) to subdivide or consolidate land comprising the place, including any building or airspace; or

(e) to place or relocate a building or structure on the place; or

(f) to construct or put up for display signs or hoardings;

dispose, in relation to a place or object, includes—

(a) any assumption of any of the rights of an owner in relation to the place or object; and

(b) any dealing in the place or object whether for reward or not; and

(c) selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange the place or object;

S. 3(1) def. of exclusion determination inserted by No. 5/2023 s. 19.

exclusion determination—see section 36A;

Executive Director means the Executive Director employed under section 18;

executive officer means an executive officer of the Heritage Council employed under section 22;

government asset manager means a Minister or any entity responsible for the care, management or control of—

(a) a building on government land; or

(b) government land; or

(c) a government object;

government land means land, other than Crown land which is permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978 and vested in trustees or is under the control of a committee of management under that Act, which is—

(a) Crown land; or

(b) land vested in a Minister; or

(c) land vested in a public authority;

government object means an object owned by or vested in—

(a) the Crown; or

(b) a Minister; or

(c) a public authority;

harm, in relation to a place or object, includes moving or removing any part of the place or object;

heritage certificate means a certificate given under section 58;

Heritage Council means the Heritage Council established under Division 1 of Part 2;

Heritage Fund means the Heritage Fund established under Part 11;

Heritage Inventory means the Heritage Inventory established under Division 1 of Part 6;

Heritage Register means the Victorian Heritage Register established under Division 1 of Part 3;

historic shipwreck has the meaning given by section 4;

historic shipwreck artefact has the meaning given by section 5;

inspector means—

(a) an inspector appointed under Part 10; or

(b) a police officer;

interim protection order means an order issued under Division 1 of Part 8;

listed place means a place in the State which is included in the World Heritage List and is recorded in the Heritage Register;

S. 3(1) def. of municipal council amended by No. 9/2020 s. 390(Sch. 1 item 53).

municipal council means a Council within the meaning of the Local Government Act 2020;

National Trust means the National Trust of Australia (Victoria);

notice of intended action—see section 230;

object includes—

(a) any fixed or non-fixed object; and

(b) a collection of objects; and

(c) a shipwreck artefact; and

(d) an archaeological artefact;

owner means—

(a) in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, other than land in an identified folio under that Act—the person who is registered or entitled to be registered as proprietor of an estate in fee simple in the land; or

(b) in relation to land which has been alienated in fee by the Crown and is under the Transfer of Land Act 1958, being land in an identified folio under that Act—the person who is the owner of the fee or equity of redemption; or

(c) in relation to land which has been alienated in fee by the Crown but is land not under the operation of the Transfer of Land Act 1958—the person who is the owner of the fee or equity of redemption; or

(d) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management—the Minister administering that Act; or

(e) in relation to any other Crown land—the Minister or public authority that manages or controls the land; or

(f) in relation to land affected by an owners corporation—

(i) any owner of affected lots; and

(ii) the owners corporation in relation to any common property for which the owners corporation is responsible;

S. 3(1) def. of personal information inserted by No. 5/2023 s. 4.

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

place includes—

(a) an archaeological site; and

(b) an area of land covered with water; and

(c) a building; and

(d) a garden; and

(e) a landscape; and

(f) a precinct; and

(g) a shipwreck; and

(h) a site; and

(i) a tree; and

(j) land associated with any thing specified in paragraphs (a) to (i);

place of worship means a place used for religious activities, including a chapel, church, mosque, synagogue or temple;

S. 3(1) def. of planning permit inserted by No. 5/2023 s. 25(a).

planning permit means a permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987;

possess, in relation to an item, includes—

(a) having the custody or control of the item by any means; and

(b) controlling access to the item, either alone or in the company or with the assistance of others;

protected zone means a place included in the Heritage Register as a protected zone;

public authority means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council;

S. 3(1) def. of public availability requirements inserted by No. 5/2023 s. 4.

public availability requirements—see section 254A;

rectification order means an order issued under Division 3 of Part 8;

registered archaeological artefact means an object included in the Heritage Register as a registered archaeological artefact;

registered archaeological place means a place included in the Heritage Register as a registered archaeological place;

registered object means an object included in the Heritage Register;

registered place means a place included in the Heritage Register;

registered shipwreck means—

(a) a shipwreck included in the Heritage Register under section 49; or

place is defined to include a shipwreck—see paragraph (g) of that definition.

(b) a historic shipwreck that has been included in the Heritage Register; or

(c) a place appearing to be a shipwreck provisionally registered under section 68;

registered shipwreck artefact means—

(a) a shipwreck artefact included in the Heritage Register under section 49; or

object is defined to include a shipwreck artefact—see paragraph (c) of that definition.

(b) a historic shipwreck artefact that has been included in the Heritage Register; or

(c) an object appearing to be a shipwreck artefact provisionally registered under section 68;

S. 3(1) def. of relevant survey purpose amended by No. 5/2023 s. 25(c).

relevant survey purpose means the purpose of—

(a) discovering an archaeological site; or

(b) preparing a cultural heritage management plan; or

(c) acting in accordance with a cultural heritage permit;

repair order means an order made under Division 2 of Part 8;

residence means a building or part of a building ordinarily used as a residence;

responsible authority has the meaning given by section 13 of the Planning and Environment Act 1987;

S. 3(1) def. of sea repealed by No. 5/2023 s. 25(d).

sea-bed means any land temporarily or permanently covered by Victorian waters;

ship includes any vessel used in navigation by water;

shipwreck means—

(a) the remains or any part of the remains of a ship; and

(b) any marine concretions and accretions that have become attached to the remains or any part of the remains of the ship;

shipwreck artefact means—

(a) an artefact associated with a shipwreck, including an artefact appearing to have formed part of a ship or appearing to have been installed or carried on a ship; and

(b) any marine concretions and accretions that have become attached to the artefact;

S. 3(1) def. of show cause notice inserted by No. 5/2023 s. 25(a).

show cause notice means a notice served under section 154(2);

site card, in relation to an investigation or survey of land, means a summary of information prepared in the prescribed form by the person undertaking the investigation or survey;

State-level cultural heritage significance means cultural heritage significance which is important to the history and development of the State;

statement of recommendation—see section 40;

S. 3(1) def. of statement of recom-mendation period inserted by No. 5/2023 s. 25(a).

statement of recommendation period means the period beginning on the day on which a statement of recommendation is given under section 40(1) and ending on the day on which either of the following occurs—

(a) a determination is made under section 49 or 52 to not include the place, object or land in the Heritage Register;

(b) the place or part of the place, or object or land, is included in the Heritage Register;

stop order means an order issued under Division 4 of Part 8;

underwater cultural heritage regulations means regulations made under section 256;

vehicle has the same meaning as in the Road Safety Act 1986;

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

Victorian waters means Victorian coastal waters and waters within the limits of the State;

works includes—

(a) any physical intervention, excavation or action that may result in a permanent or temporary change to the appearance or physical nature of a place or object; and

(b) any change to the natural or existing condition or topography of land; and

(c) any removal or destruction of trees; and

(d) any removal of vegetation or topsoil;

World Heritage Environs Area means an area declared to be a World Heritage Environs Area under Part 9;

World Heritage List has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

world heritage values has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

(2) A reference in this Act to a shipwreck or to a shipwreck artefact being situated in any waters includes a reference to a shipwreck or shipwreck artefact—

(a) being situated in or forming part of the sea‑bed or the sub-soil of the sea-bed beneath those waters; or

(b) being situated in or forming part of a reef in those waters.

(3) A reference in this Act to a shipwreck or to a shipwreck artefact being no longer situated in any waters includes a reference to a shipwreck or shipwreck artefact being situated on or forming part of land or the sub-soil of land.

(4) An item must not be taken not to be a shipwreck or shipwreck artefact for the purposes of this Act by reason only that it is attached to a shipwreck, a reef, the sea-bed, land or the sub-soil of the sea‑bed or land.

4 Meaning of *historic shipwreck*

(1) Subject to subsection (5), a historic shipwreck is a shipwreck that has been situated in Victorian waters—

(a) for 75 years or more; or

(b) for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2) Subsection (1) applies whether or not the existence or location of the shipwreck is presently known.

(3) In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a historic shipwreck—

(a) 75 years after the likely date that the shipwreck first came to rest on the sea-bed; or

(b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed.

(4) Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5) A shipwreck is not a historic shipwreck if it is—

(a) a shipwreck specified under proclamation under subsection (6); or

(b) a shipwreck of a class specified under proclamation under subsection (6).

(6) The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.

5 Meaning of *historic shipwreck artefact*

(1) Subject to subsection (5), a historic shipwreck artefact is a shipwreck artefact that has been situated in Victorian waters—

(a) for 75 years or more; or

(b) for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2) Subsection (1) applies whether or not the existence or location of the object is presently known.

(3) In addition but subject to subsection (5), a shipwreck artefact that has been removed from Victorian waters at any time becomes a historic shipwreck artefact—

(a) 75 years after the likely date that the object first came to rest on the sea-bed; or

(b) if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the object first came to rest on the sea-bed.

(4) Subsection (3) does not apply to an object that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5) A shipwreck artefact is not a historic shipwreck artefact if it is—

(a) an object specified under proclamation under subsection (6); or

(b) an object of a class specified under proclamation under subsection (6).

(6) The Governor in Council, by proclamation published in the Government Gazette, may specify an object, or an object of a specified class, is not a historic shipwreck artefact.

6 Specification of period of years for determining a historic shipwreck or historic shipwreck artefact

(1) The Governor in Council, by proclamation published in the Government Gazette, may specify a period of years for the purpose of section 4(1)(b) or 5(1)(b).

(2) A period of years specified under subsection (1) cannot be—

(a) less than 10 years; or

(b) 75 years or more.

7 Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

8 Application of Act

This Act does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition.

Part 2—Heritage administration

Division 1—Heritage Council

9 Establishment of the Heritage Council

(1) The Heritage Council is established.

(2) The Heritage Council—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Heritage Council must be kept as directed by the Heritage Council.

(4) All courts must take judicial notice of the seal of the Heritage Council on a document and, until the contrary is proved, must presume that the document was properly sealed.

10 Members of the Heritage Council

(1) The Heritage Council consists of 10 members appointed by the Governor in Council on the recommendation of the Minister.

(2) Of the persons appointed as members of the Heritage Council—

(a) 7 persons must have recognised skills or expertise in one of each of the following areas—

(i) archaeology;

(ii) architectural conservation or architectural history;

(iii) engineering or building construction;

(iv) heritage law, planning law or property law;

(v) financial management;

(vi) history;

(vii) urban or regional planning; and

(b) one person must be appointed from a list of 3 names submitted to the Minister by the National Trust; and

(c) one person must be an Aboriginal person who has relevant experience or knowledge of cultural heritage; and

(d) one person must have a demonstrated understanding, expertise or interest in the State's heritage or in the management of heritage places.

(3) If the National Trust does not submit a list of names to the Minister under subsection (2)(b) within one month after receiving a written request by the Minister, the Governor in Council may appoint a suitable person nominated by the Minister to fill the vacancy.

11 Functions and powers of the Heritage Council

(1) The functions of the Heritage Council are—

(a) to advise the Minister on the status of the State's cultural heritage resources and on any steps necessary to protect and conserve them; and

(b) to make and publish guidelines in relation to the conservation of cultural heritage; and

(c) to promote public understanding of the State's cultural heritage and develop and conduct community information and education programs; and

(d) to advise government departments and agencies, municipal councils and other responsible authorities on matters relating to the protection and conservation of cultural heritage; and

(e) to liaise with other bodies responsible for matters relating to the protection, conservation, management and promotion of cultural heritage; and

(f) to initiate and undertake programs of research related to the identification, conservation or interpretation of cultural heritage; and

(g) to include places or objects in the Heritage Register; and

(h) to remove places or objects from the Heritage Register, or to amend the registration of a place or object; and

(i) to remove sites from the Heritage Inventory; and

(j) to conduct reviews of decisions of the Executive Director in relation to nominations, permits and consents; and

(k) to develop, revise and publish the assessment criteria to be used in considering the cultural heritage significance of places and objects and determining whether those places or objects should or should not be included in the Heritage Register; and

(l) to adopt, and forward to the Minister, World Heritage Strategy Plans and amendments to World Heritage Strategy Plans; and

(m) to determine criteria for assessing whether a place has archaeological value; and

(n) to advise the Minister administering the Planning and Environment Act 1987 on proposed amendments to planning schemes which may affect the protection or conservation of cultural heritage; and

(o) to manage the Heritage Fund; and

(p) to perform any other functions conferred on the Heritage Council under this Act or any other Act.

(2) Subject to this Act, the Heritage Council has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of its functions.

12 Assessment criteria regarding cultural heritage significance

In determining assessment criteria for inclusion of places and objects in the Heritage Register under section 11(1)(k), the Heritage Council must have regard to the following matters—

(a) historical importance, association with or relationship to the State's history;

(b) good design or aesthetic characteristics;

(c) scientific or technical innovations or achievements;

(d) social or cultural associations;

(e) potential to educate, illustrate or provide further scientific investigation in relation to the State's cultural heritage;

(f) importance in exhibiting a richness, diversity or unusual integration of features;

(g) rarity or uniqueness of a place or object;

(h) the representative nature of a place or object as part of a class or type of places or objects;

(i) methods of establishing the extent to which land or objects nominated for inclusion in the Heritage Register in association with a registered place or a place nominated for inclusion are integral to the State-level cultural heritage significance of the place;

(j) any other matter which is relevant to the determination of State-level cultural heritage significance.

13 Committees

(1) For the purposes of this Act, the Heritage Council may appoint committees consisting of at least 3 members of the Heritage Council and any other persons as the Heritage Council considers necessary.

(2) A committee may—

(a) make recommendations to the Heritage Council on any matter referred to it by the Heritage Council; and

(b) perform any other function, duty or power given to it under this Act.

14 Consultation and advice

(1) In performing its functions or duties or exercising its powers under this Act, the Heritage Council or a committee may do any of the following—

(a) consult with any person or body;

(b) perform any investigation it considers appropriate;

(c) prepare, commission the preparation of or adopt any guidelines, statements of policy, reports, studies and conservation plans it considers appropriate;

(d) have regard to any information it considers relevant.

(2) The Heritage Council may engage persons with suitable qualifications and experience as consultants.

(3) An engagement under subsection (2) may be on any terms and conditions that the Heritage Council considers appropriate.

15 Delegation of powers—Heritage Council

(1) Subject to subsection (2), the Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to the Executive Director or the executive officer, other than—

(a) the power to review the Executive Director's refusal of a nomination; or

(b) the power to determine that a place or object should or should not be included in the Heritage Register; or

(c) the power to approve sites of archaeological value; or

S. 15(1)(d) repealed by No. 5/2023 s. 26.

(e) the power to review determinations of the Executive Director in relation to consents; or

(f) the power to review determinations of the Executive Director in relation to permits.

(2) The Heritage Council cannot delegate any of its functions, duties or powers in relation to the management of the Heritage Fund to the Executive Director.

(3) The Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to a committee.

Under section 42A(1)(aa) of the Interpretation of Legislation Act 1984, the power to delegate under this section cannot be delegated.

16 Immunity from liability

(1) A member of the Heritage Council or a member of a committee is not liable for anything done or omitted to be done in good faith—

(a) in performing any function, duty or power under this Act, the regulations or any other Act; or

(b) in the reasonable belief that the act or omission was in the performance of a function, duty or power under this Act, the regulations or any other Act.

(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a member of the Heritage Council or a member of a committee, attaches instead to the Heritage Council.

17 Further heritage administration

Schedule 1 has effect.

Division 2—Executive Director

18 Executive Director

An Executive Director must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act.

19 Functions and powers of Executive Director

(1) The functions of the Executive Director are—

(a) to establish and maintain the Heritage Register; and

(b) to recommend to the Heritage Council the registration of any place or object in the Heritage Register; and

(c) to recommend to the Heritage Council the removal of places or objects from the Heritage Register, or the amendment of the Heritage Register; and

(d) to establish and maintain the Heritage Inventory; and

(e) to determine applications for permits and consents under this Act; and

(f) to make and publish—

(i) guidelines in relation to the nomination of places and objects, applications for permits, applications for consents, the assessment of applications, and the assessment of sites of archaeological value under this Act; and

(ii) forms and other materials relating to the nomination of places and objects, applications for permits, applications for consents, and reporting requirements under this Act; and

(g) to report to the Heritage Council on all actions or decisions taken by the Executive Director in relation to nominations for registration, permits and any other matters on which the Heritage Council requires a report; and

(h) to regulate the investigation and documentation of registered places and registered objects and other cultural heritage in the State; and

(i) to manage the enforcement of this Act; and

(j) to prepare World Heritage Strategy Plans; and

(k) to perform any other functions conferred on the Executive Director under this Act or any other Act.

(2) Subject to this Act, the Executive Director has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of the Executive Director's functions.

20 Delegation of powers—Executive Director

The Executive Director, by instrument, may delegate to an officer or employee employed under section 21 the Executive Director's functions, duties or powers under this Act.

Under section 42A(1)(aa) of the Interpretation of Legislation Act 1984, the power to delegate under this section cannot be delegated.

21 Staff

Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

Division 3—Executive officer of Heritage Council

22 Executive officer of the Heritage Council

(1) An executive officer of the Heritage Council may be employed under Part 3 of the Public Administration Act 2004.

(2) The functions of the executive officer are—

(a) to assist the Heritage Council perform its functions; and

(b) to perform any other functions conferred on the executive officer under this Act.

(3) The executive officer has the power to do all things necessary or convenient to be done for, or in connection with or incidental to, the performance of the executive officer's functions.

Part 3—Victorian Heritage Register

Division 1—Establishment and content of Victorian Heritage Register

23 Establishment of the Victorian Heritage Register

The Executive Director must establish and maintain a register called the Victorian Heritage Register.

24 Content of the Heritage Register

The Executive Director must record in the Heritage Register—

(a) all places and objects of State-level cultural heritage significance that are registered under this Part; and

(b) all objects integral to registered places that are registered under this Part; and

(c) any place in the State that is included in the World Heritage List; and

(d) all historic shipwrecks and historic shipwreck artefacts to the extent they are known; and

(e) all places and objects included in the Heritage Register under the Heritage Act 1995 immediately before the commencement of section 257.

25 Categories of registration

(1) A place or object must be recorded in the Heritage Register in one or more of the following categories—

(a) a registered place;

(b) a registered object;

(c) a registered object integral to a registered place;

(d) a registered archaeological place;

(e) a registered archaeological artefact;

(f) a registered shipwreck;

(g) a registered shipwreck artefact;

(h) a protected zone;

(i) a place included in the World Heritage List.

(2) The Executive Director must specify the category or categories of the Heritage Register in which a place or object is to be registered.

26 Details included in the Heritage Register

(1) The Executive Director must include in the Heritage Register sufficient details to identify a place or object included in the Heritage Register.

(2) The Executive Director is not required to include the name or exact location of a shipwreck or shipwreck artefact in the Heritage Register if the name or exact location of the shipwreck or shipwreck artefact is unknown.

(3) If the Heritage Council determines that a place or object may be harmed if it is fully identified in the Heritage Register, the Heritage Council may direct the Executive Director to limit the identifying details in the Heritage Register to those specified by the Heritage Council.

Division 2—Nominations for registration

S. 27 (Heading) amended by No. 5/2023 s. 27.

27 Nominations of place or object for inclusion in the Heritage Register

(1) A person or body may nominate a place or object for inclusion in the Heritage Register.

(2) A nomination under subsection (1) must be made to the Executive Director in the prescribed form.

(3) The Executive Director may nominate a place or object for inclusion in the Heritage Register.

(4) A nomination under this section must include—

(a) reasons why the place or object should be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and

(b) any other prescribed information.

S. 27A inserted by No. 5/2023 s. 28.

27A Nominations of objects integral to places

(1) A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register an object that is integral to understanding the cultural heritage significance of—

(a) a registered place; or

(b) a place that is the subject of a nomination under section 27 which has not been determined.

(2) A nomination under subsection (1) may be made—

(a) in respect of an object whether or not the object is located at the place or under the place; or

(b) in respect of all archaeological artefacts associated with the place whether or not the number, nature or exact location of the archaeological artefacts is known; or

(c) without the extraction of the object from the place.

(3) A nomination under subsection (1) must be made in the prescribed form.

S. 27B inserted by No. 5/2023 s. 28.

27B Nominations of additional land

(1) A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register additional land as part of—

(a) a registered place; or

(b) a place that is the subject of a nomination under section 27 which has not been determined.

(2) Additional land may be nominated under subsection (1) if—

(a) the State‑level cultural heritage significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(b) the additional land surrounds the place and—

(i) is important to the protection or conservation of the place; or

(ii) contributes to the understanding of the place.

(3) A nomination under subsection (1) must be made in the prescribed form.

(4) A nomination may be accepted under this section whether or not the additional land is under the same ownership as the place.

28 Certain nominations cannot be accepted

S. 28(1) substituted by No. 5/2023 s. 29(1).

(1) Subject to subsection (2), the Executive Director cannot accept a nomination under this Division if—

(a) the Executive Director, in the preceding 5 years, has refused a nomination in relation to the same or substantially the same place, object or land on the grounds that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register; or

(b) the Heritage Council, in the preceding 5 years—

(i) has refused to register the place or object following a nomination under section 27 or 27A; or

(ii) has removed the place or object from the Heritage Register; or

(iii) has refused to include the land following a nomination under section 27B as part of a place in the Heritage Register; or

(iv) has amended the Heritage Register to remove the land from a registered place; or

(c) the Minister, in the preceding 5 years, has refused to—

(i) register the place or object following a nomination under section 27 or 27A; or

(ii) include the land following a nomination under section 27B as part of a place in the Heritage Register.

S. 28(1A) inserted by No. 5/2023 s. 20(1).

(1A) In addition, subject to subsection (2), the Executive Director cannot accept a nomination under this Division if the Executive Director, in the preceding 5 years, has made an exclusion determination in relation to the place or object or the part of the place or object.

S. 28(2) amended by No. 5/2023 s. 29(2).

(2) If the Executive Director receives new information relating to a place, object or land which was not available to the Executive Director, the Heritage Council or the Minister in making a decision referred to in subsection (1), and the Executive Director considers the information to be of significance, the Executive Director may accept a nomination relating to—

S. 28(2)(a) amended by No. 5/2023 ss 20(2), 29(2).

(a) a place, object or land referred to in subsections (1)(a) or (b) or (1A); or

S. 28(2)(b) amended by No. 5/2023 s. 29(2).

(b) with the consent of the Minister, a place, object or land referred to in subsection (1)(c).

29 Executive Director may refuse nominations in certain circumstances

S. 29(1) amended by No. 5/2023 s. 30(1).

(1) The Executive Director may refuse a nomination under this Division if the Executive Director considers that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register.

S. 29(2) amended by No. 5/2023 s. 30(2).

(2) The Executive Director must give the person or body that made the nomination written notice of the Executive Director's refusal of the nomination as soon as practicable after the refusal.

(3) The written notice must include—

(a) reasons why the nomination has been refused; and

S. 29(3)(b) amended by No. 5/2023 s. 30(3).

(b) a statement that the person or body that made the nomination has the right to request a review of the refusal of the nomination.

S. 29(4) substituted by No. 5/2023 s. 30(4).

(4) In addition to the notice under subsection (2), the Executive Director must give written notice of the refusal of the nomination to—

(b) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

30 Requests for review of the Executive Director's refusal of nomination

S. 30(1) amended by No. 5/2023 s. 31(1).

(1) A person or body whose nomination has been refused by the Executive Director under section 29 may make a written request to the Heritage Council to review the Executive Director's decision refusing that nomination.

(a) be lodged within 28 days after the nominator receives written notice of the Executive Director's decision refusing the nomination; and

(3) The Heritage Council may request the Executive Director to provide any information in relation to the decision refusing the nomination.

(4) The Executive Director must provide any information requested under subsection (3).

(5) In determining a review, the Heritage Council may—

(a) affirm the decision under review; or

(b) set aside the decision under review and make another decision in substitution for it; or

S. 30(5)(c) amended by No. 5/2023 s. 31(2).

(c) set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

S. 30(6) repealed by No. 5/2023 s. 31(3).

(7) The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.

(8) The Heritage Council must give the nominator written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.

S. 30(9) substituted by No. 5/2023 s. 31(4).

(9) In addition to the notice under subsection (8), the Heritage Council must give written notice of the outcome of a review to—

(b) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

(c) the Executive Director.

Ss 31, 32 repealed by No. 5/2023 s. 32.

33 Requests for further information regarding nominations

S. 33(1) amended by No. 5/2023 s. 33(a).

(1) The Executive Director may make a written request to a person or body that made a nomination under this Division for further information to assist the consideration of the nomination.

S. 33(2) amended by No. 5/2023 s. 33(b).

(2) The person or body that made the nomination must provide any information requested by the Executive Director within 30 days after the request or a longer period agreed to by the Executive Director.

(3) If the person or body does not provide the requested information within the period referred to in subsection (2), the nomination is taken to have been withdrawn.

34 Notice of nominations

S. 34(1) amended by No. 5/2023 s. 34(a).

(1) The Executive Director, within 14 days after accepting a nomination under this Division, must give written notice of the acceptance to—

S. 34(1)(a) amended by No. 5/2023 s. 34(b).

(a) the person or body that made the nomination; and

S. 34(1)(b) amended by No. 5/2023 s. 34(c).

(b) the owner of the place, object or land; and

S. 34(1)(c) amended by No. 5/2023 s. 34(c).

(c) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(2) If the Executive Director considers that it is not practicable in a particular case to give notice to an owner under subsection (1), the Executive Director may apply to the Minister to exempt the Executive Director from the requirements of that subsection.

(3) If the Minister exempts the Executive Director from the requirement to give notice under subsection (1), the Executive Director must give notice to the affected owners in any manner the Minister specifies in the exemption.

(4) The details of any exemption must be included in the Department's report of operations under the Financial Management Act 1994.

S. 34A inserted by No. 5/2023 s. 21.

34A Effect of decision of Executive Director not to make an exclusion determination

(1) The Executive Director is taken to have accepted a nomination of a place or object, or part of a place or object, for inclusion in the Heritage Register under this Division if—

(a) the Executive Director has refused to make an exclusion determination in relation to the place or object or part of the place or object, under section 36C(1)(c), and review rights in relation to the decision to refuse are exhausted; or

(b) the Heritage Council—

(i) has set aside a decision of the Executive Director to make an exclusion determination in relation to the place or object or part of the place or object; and

(ii) has substituted a decision to refuse to make the exclusion determination in relation to the place or object or part of the place or object.

(2) For the purposes of this Division, the Executive Director is taken to have accepted the nomination under section 27 on whichever of the following days is applicable—

(a) if subsection (1)(a) applies, on the day after the day on which the review rights were exhausted;

(b) if subsection (1)(b) applies, on the day after the day on which the Heritage Council set aside the Executive Director's decision.

(3) For the purposes of subsection (1)(a), review rights in relation to a decision of the Executive Director are exhausted—

(a) subject to paragraph (b), on the day after the end of the period for making an application for review; or

(b) if the decision of the Executive Director is affirmed on review, on the day after the day on which the decision is affirmed.

S. 35 amended by No. 5/2023 s. 35.

35 Deferral of consideration for nomination

If any place, object or land which is the subject of a nomination has been offered for sale or is offered for sale within 60 days after the making of the nomination, the Executive Director, with the agreement of the owner of the place, object or land, may defer the consideration of a nomination until after completion of that sale.

36 Owner to notify purchaser of nomination and deferral

S. 36(1) amended by No. 5/2023 s. 36(a).

(1) The owner of a place, object or land which is the subject of a nomination under this Division, before entering into a contract for the sale of the place, object or land, must inform the purchaser of the nomination and of any deferral of consideration of the nomination.

S. 36(2) amended by No. 5/2023 s. 36(b).

(2) If the owner of a place, object or land which is the subject of a nomination under this Division fails to comply with subsection (1), the contract of sale is not invalid, but is voidable at the option of the purchaser.

Pt 3 Div. 2A (Heading and ss 36A–36F) inserted by No. 5/2023 s. 22.

Division 2A—Exclusion determinations

S. 36A inserted by No. 5/2023 s. 22.

36A Application for an exclusion determination

(1) A prescribed person or body, or a person or body included in a prescribed class, may make an application to the Executive Director for a determination under section 36C (an exclusion determination) that a place or object not be included in the Heritage Register.

(2) An application for an exclusion determination must—

(a) be made to the Executive Director in the prescribed form; and

(b) be prepared by a prescribed person; and

(c) include reasons why the place or object should not be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and

(d) include any other prescribed information; and

(e) be accompanied by the prescribed fee (if any).

S. 36B inserted by No. 5/2023 s. 22.

36B Requests for further information regarding application

(1) The Executive Director, by writing, may request that an applicant for an exclusion determination provide further information to assist the consideration of the application.

(2) The applicant must provide any information requested by the Executive Director—

(a) within 30 days after the request; or

(b) within a longer period agreed to by the Executive Director.

(3) If the applicant does not provide the requested information within the period referred to in subsection (2), the application is taken to have been withdrawn.

S. 36C inserted by No. 5/2023 s. 22.

36C Decision on application

(1) After considering an application for an exclusion determination in relation to a place or object, the Executive Director must—

(a) make the exclusion determination as specified in the application, if the Executive Director is satisfied that the place or object has no reasonable prospect of inclusion in the Heritage Register; or

(b) make an exclusion determination in relation to a part of the place or object, if the Executive Director is satisfied that the part of the place or object has no reasonable prospect of inclusion in the Heritage Register; or

(c) refuse to make the exclusion determination, if the Executive Director is not so satisfied as mentioned in paragraph (a) or (b).

(2) If the Executive Director makes an exclusion determination in relation to a place or part of a place, the Executive Director may refer the determination to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place, or the part of the place, as the case requires, in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.

S. 36D inserted by No. 5/2023 s. 22.

36D Notice of decision to make or refuse to make an exclusion determination

(1) This section applies if the Executive Director—

(a) decides to make an exclusion determination in relation to a place or object or part of a place or object; or

(b) refuses to make an exclusion determination in relation to a place or object or part of a place or object.

(2) Within 14 days of the decision, the Executive Director must give written notice of the decision to the following—

(a) the applicant;

(b) the owner of the place or object or the part of the place or object;

(c) the responsible authority for the area in which the place or object or the part of the place or object is situated;

(d) if the responsible authority for the area in which the place or object or the part of the place or object is situated is not a municipal council, the relevant municipal council.

(3) The written notice must include—

(a) reasons for the decision; and

(b) a statement that specifies—

(i) who has the right to request a review of the decision under section 36E; and

(ii) the process that will apply if a review of the decision is not requested, or if a decision is made on a review of the decision.

(4) In the case of a decision to make an exclusion determination in relation to a place or object or part of a place or object, within 14 days of the decision, the Executive Director must also—

(a) publish the exclusion determination in a newspaper circulating generally in the area in which the place or object or the part of the place or object is situated; and

(b) make the exclusion determination available on the Internet site of the Department for a period of at least 14 days; and

(c) include with the exclusion determination, as published or made available, a statement that a person who has a real and substantial interest in the place or object or the part of the place or object has the right to request a review of the decision to make the exclusion determination.

S. 36E inserted by No. 5/2023 s. 22.

36E Request for review of decision to make or refuse to make an exclusion determination

(1) If the Executive Director makes or refuses to make an exclusion determination in relation to a place or object or part of a place or object, a person who has a real and substantial interest in the place or object or the part of the place or object, by writing, may request the Heritage Council to review the Executive Director's decision.

(a) be made within 28 days after the written notice of the Executive Director's decision is given; and

(3) If the Executive Director refuses to make an exclusion determination in relation to a place or object or part of a place or object, the applicant for the exclusion determination, by writing, may request the Heritage Council to review the Executive Director's decision.

(4) A request under subsection (3) must—

(a) be made within 28 days after the written notice of the Executive Director's decision is given; and

(5) The Heritage Council, by writing, may request that the Executive Director provide specified information in relation to the Executive Director's decision.

(6) The Executive Director must provide any information requested under subsection (5).

S. 36F inserted by No. 5/2023 s. 22.

36F Decision on review

(1) In determining an application under section 36E for review of a decision of the Executive Director to make, or refuse to make, an exclusion determination, the Heritage Council may—

(a) affirm the decision under review; or

(b) set aside the decision under review and make another decision in substitution for it; or

(c) set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

(2) The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.

(3) The Heritage Council must give the applicant for review written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.

(4) In addition to the notice under subsection (3), the Heritage Council must give written notice of the outcome of a review to—

(a) the owner of the place or object or the part of the place or object; and

(b) the applicant for the exclusion determination concerned (if they are not notified under subsection (3)); and

(c) the responsible authority for the area in which the place or object or the part of the place or object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

(d) the Executive Director.

Division 3—Recommendations of registration

S. 37 substituted by No. 5/2023 s. 37.

37 Executive Director recommendations in respect of nominations

(1) After considering a nomination under Division 2 and any further information provided under section 33, the Executive Director must recommend to the Heritage Council—

(a) that the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or

(b) that the land should be included in the Heritage Register as part of a place; or

(c) that part of the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or

(d) that part of the land should be included in the Heritage Register as part of a place; or

(e) that the place or object should not be included in the Heritage Register; or

(f) that the land should not be included in the Heritage Register as part of a place.

(2) If the Executive Director makes a recommendation that a place, or part of a place, should not be included in the Heritage Register, the Executive Director may refer the nomination to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.

38 Executive Director recommendations for exempted works or activities

S. 38(1) amended by No. 5/2023 s. 38(1).

(1) If the Executive Director makes a recommendation to the Heritage Council that a place, object or land should be included in the Heritage Register, the Executive Director may include in the recommendation categories of works or activities which may be carried out in relation to the place, object or land without the need for a permit under Part 5.

S. 38(2) amended by No. 5/2023 s. 38(2).

(2) The Executive Director must not make a recommendation referred to in subsection (1) in relation to any categories of works or activities if the Executive Director considers that the works or activities may harm the cultural heritage significance of the place, object or land.

S. 38(3) amended by No. 5/2023 s. 38(3).

(3) The Executive Director may consult with the owner of the place, object or land before making the recommendation.

39 Executive Director recommendations for protected zones

(1) The Executive Director may recommend to the Heritage Council that a place, being an area of land covered with water and any associated land, be included in the Heritage Register as a protected zone if the place contains—

(a) a registered shipwreck; or

(b) a registered shipwreck artefact; or

(c) a registered archaeological place; or

(d) a registered archaeological artefact.

(2) An area initially recommended under this section must not be greater than 100 hectares.

(3) In addition, any subsequent recommendation under this section recommending an expansion of the area of an existing protected zone must not result in that protected zone being greater than 100 hectares.

40 Statement of recommendation

S. 40(1) amended by No. 5/2023 s. 39(1)(a).

(1) Subject to subsection (2), on making a recommendation to the Heritage Council that a place, object or land should or should not be included in the Heritage Register, the Executive Director must give a statement (a statement of recommendation) to—

S. 40(1)(a) amended by No. 5/2023 s. 39(1)(b).

S. 40(1)(b) substituted by No. 5/2023 s. 23(1), amended by No. 5/2023 s. 39(1)(c).

(b) in the case of a nomination that has been made by a person or body, the person or body that made the nomination; and

S. 40(1)(ba) inserted by No. 5/2023 s. 23(1).

(ba) in the case of a nomination that the Executive Director is taken to have accepted under section 34A(1), the applicant for the exclusion determination concerned; and

S. 40(1)(c) amended by No. 5/2023 s. 39(1)(d).

(c) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(2) If a place that is a shipwreck or protected zone or an object that is a shipwreck artefact is recommended for inclusion in the Heritage Register, the Executive Director may give notice of the recommendation in any manner the Executive Director considers fit.

(3) A statement of recommendation must be in writing and contain the following information—

(a) the terms of the recommendation;

S. 40(3)(b) amended by No. 5/2023 s. 39(2)(a).

(b) sufficient information to identify the place, object or land, whether by reference to maps or diagrams or otherwise;

(c) the reasons for the recommendation, including an assessment of the State-level cultural heritage significance of the place or object;

(d) information advising that the Heritage Council will consider the recommendation after a period of 60 days from the date the notice of recommendation is published under section 41;

S. 40(3)(e) amended by No. 5/2023 s. 39(2)(a).

(e) information advising the owner of the place, object or land that the owner, within that period of 60 days, may make a submission to the Heritage Council regarding the recommendation and request a hearing in relation to that submission;

S. 40(3)(f) amended by No. 5/2023 ss 23(2), 39(2)(b).

(f) information advising the owner of the place, object or land and the person or body that made the nomination or, if the Executive Director is taken to have accepted the nomination under section 34A(1), the applicant for the exclusion determination concerned, of sections 46, 46A and 49;

S. 40(3)(g) substituted by No. 5/2023 s. 39(2)(c).

(g) a summary of the rights and obligations under this Act that would apply to the owner of the place, object or land that is the subject of the Executive Director's recommendation, if that place, object or land is included in the Heritage Register.

S. 40(3A) inserted by No. 5/2023 s. 39(3).

(3A) For the purposes of subsection (3)(c), a statement of recommendation must also include the following—

(a) for a place or object nominated under section 27, an assessment of the State‑level cultural heritage significance of the place or object;

(b) for an object nominated under section 27A, an assessment of whether the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;

(i) an assessment of whether the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(ii) if the additional land surrounds the place, whether it is important to the protection or conservation of the place or contributes to the understanding of the place.

S. 40(4) substituted by No. 5/2023 s. 39(4).

(4) In addition, a statement of recommendation must contain the following information if the Executive Director recommends that a place or object should be included in the Register—

(a) for a place or object nominated under section 27, a summary of the State‑level cultural heritage significance of the place or object and the category or categories of the Register in which the place or object is to be registered;

(b) for an object nominated under section 27A, a summary of how the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;

(i) a summary of how the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(ii) if the additional land surrounds the place, a summary of how it is important to the protection or conservation of the place or contributes to the understanding of the place;

(d) any recommendations made under section 38 in relation to the works or activities with respect to the place, object or land and an invitation for submissions from the owner in relation to those recommendations.

S. 40(5) amended by No. 5/2023 s. 39(5).

(5) Despite subsection (3)(b), the Executive Director may determine that some details of identification should not be included in the statement of recommendation if the Executive Director considers that, if the details were known, there is a real danger that a person may harm the place, object or land.

S. 41 amended by No. 5/2023 s. 40.

41 Notice of recommendation to be published

The Heritage Council, after receiving a recommendation by the Executive Director that a place, object or land should or should not be included in the Heritage Register, must cause notice of the recommendation to be published—

S. 41(a) amended by No. 5/2023 s. 40.

(a) in a newspaper circulating generally in the area in which the place, object or land is located; and

(b) on the Internet site of the Heritage Council.

S. 42 (Heading) amended by No. 5/2023 s. 41(1).

42 Obligations of owners—to advise of works, permits etc. on foot when statement of recommendation given

S. 42(1) amended by No. 5/2023 s. 41(2)(a).

(1) The owner of a place, object or land to whom a statement of recommendation has been given must advise the Executive Director in writing of—

S. 42(1)(a) amended by No. 5/2023 s. 41(2)(b).

(a) any works or activities that are being carried out in relation to the place, object or land at the time the statement is given; and

S. 42(1)(b) substituted by No. 5/2023 s. 41(2)(c).

(b) if the place, object or land is a place or additional land, any application for a planning permit or a building permit, or any application for an amendment to a planning permit or a building permit, that has been made in relation to the place or additional land but not determined at the time the statement is given; and

S. 42(1)(c) amended by No. 5/2023 s. 41(2)(d).

(c) any works or activities that are proposed to be carried out in relation to the place, object or land at the time the statement is given.

(2) An advice under subsection (1) must be given within 10 days after the statement of recommendation is given under section 40.

S. 42(3)–(9) repealed by No. 5/2023 s. 41(3).

S. 42A inserted by No. 5/2023 s. 42.

42A Obligations of owners before determination or inclusion in the Heritage Register—to advise of permits

(a) an owner of any of the following is given a statement of recommendation—

(i) a place or object nominated under section 27;

(ii) an object nominated under section 27A;

(iii) land nominated under section 27B; and

(b) any of the following occurs within the statement of recommendation period in relation to the place, object or land—

(i) the making of an application for a planning permit or a building permit;

(ii) the making of an application for an amendment to a planning permit or a building permit;

(iii) the grant of a planning permit or building permit;

(iv) the grant of an amendment to a planning permit or building permit.

(2) The owner must advise the Executive Director in writing of—

(a) the making of an application referred to in subsection (1)(b)(i) or (ii), within 10 days of the making of the application; or

(b) a grant referred to in subsection (1)(b)(iii) or (iv), within 10 days of the owner becoming aware of the grant.

S. 42B inserted by No. 5/2023 s. 42.

42B Obligations of owners before determination or inclusion in the Heritage Register—to advise of activities

(b) within the statement of recommendation period it is proposed that activities that could harm the place, object or land be carried out.

(2) The owner, not less than 10 days before carrying out the activities, must advise the Executive Director in writing of the proposal to do so.

S. 42C inserted by No. 5/2023 s. 42.

42C Obligations of owners before determination or inclusion in the Heritage Register—to advise of proposal to dispose

(b) within the statement of recommendation period a proposal is made to dispose of the whole or any part of the place, object or land.

(2) The owner, within 10 days after entering into an agreement, arrangement or understanding for the disposal of the whole or any part of the place, object or land, must advise the Executive Director in writing of the proposal to do so.

S. 42D inserted by No. 5/2023 s. 42.

42D Obligations of owners before determination or inclusion in the Heritage Register—requirement to give statement to purchaser

(b) the owner proposes to dispose of the whole or any part of the place, object or land within the statement of recommendation period.

(2) Before entering into an agreement, arrangement or understanding to dispose of the whole or any part of the place, object or land during the statement of recommendation period, the owner must give a copy of the statement of recommendation to the person who, under the proposed agreement, arrangement or understanding, is to acquire the place, object or land or part of the place, object or land.

S. 43 (Heading) amended by No. 5/2023 s. 43(1).

S. 43 amended by No. 5/2023 s. 43(2).

43 Owners of places, objects and land must comply with obligations

An owner of a place, object or land who is subject to an obligation under section 42, 42A, 42B, 42C or 42D must comply with that obligation.

Division 4—Determinations of registration

44 Submissions to the Heritage Council

S. 44(1) amended by No. 5/2023 s. 44(1).

(1) Any person or body may make a written submission to the Heritage Council in relation to a recommendation of the Executive Director that a place, object or land should or should not be included in the Heritage Register.

(2) A submission under subsection (1) must be made in the prescribed form.

S. 44(3) amended by No. 5/2023 s. 44(1).

(3) A submission must be made within 60 days after the date on which a notice of recommendation in relation to the place, object or land is published under section 41.

S. 44(4) substituted by No. 5/2023 s. 44(2).

(4) A submission must relate to—

(a) for a place or object nominated under section 27, whether or not the place or object is of State‑level cultural heritage significance; or

(b) for an object nominated under section 27A, whether or not the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27; or

(i) whether or not the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(ii) if the additional land surrounds the place, whether or not it is important to the protection or conservation of the place or contributes to the understanding of the place; or

(d) any recommendation under section 37, 38 or 39 in relation to the place, object or land.

(5) A submission may include a request for a hearing before the Heritage Council in relation to the submission.

45 Requests for further information regarding submissions

The Heritage Council may request a person or body making a written submission under section 44 for further information to assist the consideration of the submission.

46 Consideration of submissions to the Heritage Council

(1) The Heritage Council must consider—

(a) any written submission made to it under section 44; and

(b) any further information provided to the Heritage Council in response to a request under section 45.

S. 46(2)(3) repealed by No. 5/2023 s. 45.

S. 46A inserted by No. 5/2023 s. 46.

46A Conduct of hearings by Heritage Council in relation to a recommendation

(1) The Heritage Council may conduct a hearing in relation to a recommendation under section 37, 38 or 39 in any circumstances that the Heritage Council considers appropriate.

(2) The Heritage Council must conduct a hearing if—

(a) a submission made to it under section 44 includes a request for a hearing before the Heritage Council; and

(b) the submission is made by a person or body with a real or substantial interest in the place, object or land that is the subject of the submission.

47 Role of the Executive Director in determination of recommendation

(1) The Heritage Council may request the Executive Director to provide any information in relation to a recommendation under section 37, 38 or 39.

(2) The Executive Director must provide any information requested under subsection (1).

(3) The Executive Director may appear, be heard or be represented at any hearing into a recommendation under section 37, 38 or 39.

S. 48 (Heading) amended by No. 5/2023 s. 47(1).

48 Sale of place, object or land the subject of recommendation

S. 48(1) amended by No. 5/2023 s. 47(2).

(1) Despite section 49, if any place, object or land that is the subject of a recommendation under section 37 has been offered for sale by auction, the Heritage Council, with the agreement of the owner of the place, object or land, may defer the consideration of the recommendation until after the auction.

S. 48(2) amended by No. 5/2023 s. 47(2).

(2) The owner of a place, object or land to which subsection (1) applies must inform the purchaser of the place, object or land of the deferral of consideration of the recommendation.

S. 48(3) amended by No. 5/2023 s. 47(3).

(3) If the owner of a place, object or land which is the subject of a recommendation under section 37 fails to comply with subsection (2), the contract of sale is not invalid, but is voidable at the option of the purchaser.

49 Determinations of the Heritage Council

S. 49(1) amended by No. 5/2023 s. 48(1)(a)(b).

(1) After considering a recommendation that a place, object or land should or should not be included in the Heritage Register and any submissions in respect of the recommendation and conducting any hearing, the Heritage Council may—

S. 49(1)(a) amended by No. 5/2023 s. 48(1)(c).

(a) determine that the place or object is of State-level cultural heritage significance and is to be included in the Heritage Register; or

S. 49(1)(ab) inserted by No. 5/2023 s. 48(1)(d).

(ab) in the case of a place, determine that—

(i) part of the place is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii) part of the place is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(ac) inserted by No. 5/2023 s. 48(1)(d).

(ac) in the case of an object, determine that—

(i) part of the object is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii) part of the object is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(b) amended by No. 5/2023 s. 48(1)(e).

(b) determine that the place or object is not of State-level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(c) amended by No. 5/2023 s. 48(1)(f)(i).

(c) in the case of a recommendation in respect of a place, determine that the place or part of the place is not to be included in the Heritage Register but—

S. 49(1)(c)(i) substituted by No. 5/2023 s. 48(1)(f)(ii).

(i) refer the recommendation and any submissions to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act; or

S. 49(1)(c)(ii) amended by No. 5/2023 s. 48(1)(f)(iii).

(ii) determine that it is more appropriate for steps to be taken under the Planning and Environment Act 1987 or by any other means to protect or conserve the place or part of the place; or

S. 49(1)(ca) inserted by No. 5/2023 s. 48(1)(g).

(ca) in the case of a recommendation in respect of an object nominated under section 27A, determine that the object, or part of the object, is to be included in the Heritage Register if it is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register; or

S. 49(1)(d) substituted by No. 5/2023 s. 48(1)(g).

(d) in the case of a recommendation in respect of additional land nominated under section 27B, determine that the additional land, or any part of the additional land, is to be included in the Heritage Register if—

(i) the State‑level cultural heritage significance of the place, or part of the place, would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(ii) the additional land or any part of the additional land surrounding the place, or part of the place, is important to the protection or conservation of the place or contributes to the understanding of the place.

S. 49(1)(e) repealed by No. 5/2023 s. 48(1)(h).

(2) The Heritage Council must make a determination under subsection (1)—

(a) within 40 days after the date on which written submissions may be made under section 44; or

S. 49(2)(b) amended by No. 5/2023 s. 48(2).

(b) if any hearing is conducted, within 90 days after the completion of the hearing.

S. 49(3) substituted by No. 5/2023 s. 48(3).

(3) A determination made under subsection (1)(a), (ab), (ac), (ca) or (d)—

(a) may include categories of works or activities which may be carried out in relation to a place, object or land, or part of a place, object or land, for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place, object or land; and

(b) must include a statement of the reasons for the making of the determination.

S. 49(4) substituted by No. 5/2023 s. 48(4).

(4) If the Heritage Council determines to include a place, or part of a place, in the Heritage Register, the Heritage Council may also determine to include land that is not the subject of a nomination under section 27B in the Heritage Register as part of the place if—

(a) the land is ancillary to the place; and

(b) the person who owns the place, or part of the place—

(i) is the owner of the land; and

(ii) consents to its inclusion.

(5) If a member of the Heritage Council makes a submission under section 44 in respect of a recommendation, the member must not take part in the consideration or determination of the Heritage Council.

(6) The Heritage Council must notify the Executive Director of any determination under this section as soon as practicable after the determination.

S. 49A inserted by No. 5/2023 s. 49.

49A Notice to the owner or government asset manager

(1) The Heritage Council must give written notice of any determination of the Heritage Council under section 49 in relation to a place, object or land, and of any works or activities which the Heritage Council has determined under section 49(3) may be carried out in relation to a place, object or land without a permit under Part 5, to—

(a) the owner or government asset manager of the place, object or land; and

(b) the Executive Director.

(2) A notice under subsection (1) must be given within 7 days after the day on which the determination is made.

Division 5—Minister's powers regarding registration

50 Minister's call-in powers

S. 50(1) amended by No. 5/2023 s. 50(a).

(1) The Minister may direct the Heritage Council to refer a recommendation to the Minister for determination at any time after notice of the recommendation is published under section 41 but before the Heritage Council makes a determination under section 49.

(2) The Heritage Council—

(a) must comply with a direction under subsection (1); and

S. 50(2)(b) substituted by No. 5/2023 s. 50(b).

(b) must not—

(i) consider, or continue to consider, the recommendation; or

(ii) make a determination.

51 Heritage Council must hear submissions and give report

(1) If the Minister gives a direction under section 50 in relation to a recommendation, the Minister may require the Heritage Council to consider any submissions and conduct any hearings in relation to the submissions as if the recommendation were being dealt with under Division 4.

(2) The Heritage Council must provide a report on the recommendation, including a report on any submissions considered or hearings conducted under subsection (1).

(3) The Heritage Council must comply with any requirement of the Minister under this section.

52 Determination of the Minister

(1) After considering a report of the Heritage Council provided under section 51, the Minister may make any determination in relation to a recommendation that the Heritage Council has the power to make under Division 4.

(2) A determination of the Minister under this section has the same effect as a determination of the Heritage Council under Division 4.

S. 52A inserted by No. 5/2023 s. 51.

52A Notice to the owner or government asset manager

(1) The Minister must give written notice of any determination of the Minister under section 52, and of any works or activities which the Minister has determined under section 52 may be carried out in relation to a place, object or land without a permit under Part 5, to—

(a) the owner or government asset manager of the place, object or land; and

(b) the Executive Director.

(2) A notice under subsection (1) must be given within 7 days after the day on which the determination is made.

Division 6—Effects of registration

53 Notice of registration

S. 53(1) amended by No. 5/2023 s. 52(1).

(1) The Executive Director must publish notice in the Government Gazette of the making of a determination that a place, object or additional land is to be included in the Heritage Register.

S. 53(2) amended by No. 5/2023 s. 52(1).

(2) A place, object or additional land is included in the Heritage Register on publication of the notice in the Government Gazette.

S. 53(3) substituted by No. 5/2023 s. 52(2).

(3) The notice must specify—

(a) the category or categories of the Heritage Register, or the record of the Heritage Register, to which the place or object is included; or

(b) in the case of additional land, the place to which the land forms part of.

S. 53(4) amended by No. 5/2023 s. 52(1).

(4) The notice must include sufficient information to provide reasonable identification of the place, object or additional land.

(5) Despite subsection (4), the Heritage Council may determine that some details of identification must not be included in the notice if it considers that if the details were known, there is a real danger that a person may harm the object or place.

(6) The Executive Director must forward notice of any amendment of the Heritage Register to—

(a) the Minister administering the Planning and Environment Act 1987; and

(b) any responsible authority for a place affected by the amendment and, if the responsible authority is not a municipal council, the relevant municipal council.

54 Notice to the Registrar of Titles

(1) The Executive Director must lodge with the Registrar of Titles notice of any matter on the Heritage Register affecting a folio of the Register of land.

(2) On the amendment of the Heritage Register, the Executive Director must as soon as practicable give notice to the Registrar of Titles of any land, other than unalienated Crown land, affected by the amendment.

(3) Despite subsections (1) and (2), notice is not required to be given of any place or object which is taken to be included in the Heritage Register under section 144.

(4) On receipt of a notice under this section, the Registrar of Titles must make any recordings in the Register that are necessary or convenient for the purpose of giving effect to the notice.

(5) The Registrar of Titles may require any evidence of the identity of any land affected by a notice lodged under this section that the Registrar considers fit.

(6) If a Crown grant is issued in respect of a registered place that is unalienated Crown land, any matters in the Heritage Register affecting the land must be specified in a notice to the Registrar of Titles accompanying the Crown grant.

(7) A notice under subsection (1), (2) or (6) must be in a form approved by the Registrar of Titles.

S. 55 repealed by No. 5/2023 s. 53.

56 Amendment of planning schemes

(1) The Minister administering the Planning and Environment Act 1987 must prepare and approve an amendment to any planning scheme applying to—

(a) a place which is included or amended in the Heritage Register to identify the inclusion or amendment of that place in the Heritage Register; or

(b) a place which has been removed from the Heritage Register to identify that removal.

(2) An amendment under subsection (1) must be prepared as soon as practicable after—

(a) notice is given under section 53 of the inclusion of a place in the Heritage Register; or

(b) the place is removed from the Heritage Register.

(3) An amendment under subsection (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with or duplicate the provisions of this Act.

S. 56(4) amended by No. 43/2025 s. 75.

(4) The Planning and Environment Act 1987 (except sections 12(1)(a) and (e), 12(2), 12(2A), 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3), 39(4) and 39(5) and any regulations made for the purpose of those provisions) applies to the preparation and approval of amendments under subsection (1).

S. 57 substituted by No. 5/2023 s. 5.

57 Public availability of the Heritage Register

(1) The Heritage Council must publish and make an up to date copy of the Heritage Register available both—

(a) electronically in accordance with the requirements set out in section 254E; and

(b) on request in accordance with the requirements set out in section 254D.

(2) The Executive Director must make an up to date copy of the Heritage Register available on request in accordance with the requirements set out in section 254D.

58 Heritage certificates

(1) A person may apply to the Executive Director for a heritage certificate.

(b) state particulars of the place or object in respect of which the heritage certificate is required; and

(c) be accompanied by the prescribed fee (if any).

(3) The Executive Director must give the applicant a signed heritage certificate containing the following information in respect of the place or object described in the application—

(a) whether or not the place or object is included in the Heritage Register and if so the category or categories in which it is registered;

(b) whether or not the place is in a World Heritage Environs Area;

(c) whether or not the place or object is subject to an interim protection order and if so the date of the order;

S. 58(3)(d) substituted by No. 5/2023 s. 54.

(d) whether or not a nomination has been made for inclusion of the place or object in the Heritage Register and, if a nomination has been made, whether or not the following things have occurred in respect of the nomination—

(i) the Executive Director has not accepted the nomination under section 28(1)(a), (b) or (c) or (1A);

(ii) the Executive Director has refused the nomination under section 29 and the date on which the refusal occurred;

(iii) the Executive Director has given written notice of accepting the nomination under section 34;

(iv) the nomination has been withdrawn;

(v) at the date the certificate is issued the nomination has not been determined;

S. 58(3)(da) inserted by No. 5/2023 s. 54.

(da) whether or not an application for exclusion has been made under section 36A and, if an application has been made, whether or not the following things have occurred in respect of the application—

(i) the Executive Director has made the exclusion determination and the date on which the determination was made;

(ii) the Executive Director has refused to make the exclusion determination and the date on which the refusal occurred;

(iii) the Heritage Council has been requested to review the Executive Director's decision to make, or refuse to make, an exclusion determination;

(iv) the Heritage Council has affirmed or set aside the Executive Director's decision to make, or refuse to make, an exclusion determination;

(e) whether or not the place or object is being considered for inclusion in the Heritage Register;

(f) whether or not a site is included in the Heritage Inventory;

(g) whether or not a repair order is in force in respect of the place or object;

(h) whether or not an order of the Supreme Court under Division 3 of Part 10 is in force in respect of the place or object;

(i) whether or not any Governor in Council declaration made under section 227 is in force against the owner of the place or object;

(j) whether or not any court order made under section 229 is in force against a person in respect of the place or object;

(k) whether or not there are any current proceedings for a contravention of this Act in respect of the place or object;

(l) whether or not any rectification order has been issued in respect of the place or object.

(4) The Executive Director must give the applicant a signed heritage certificate within 7 business days after receiving their application.

59 Notice of intention to sell registered place or registered object

The owner of a registered place or registered object who enters into a contract of sale of the whole or any part of the place or object must give written notice to the Executive Director in the prescribed form regarding the existence of the contract within 28 days of the date of the contract.

60 Change of owner of registered place or registered object

(1) A person who purchases or acquires a registered place or registered object must give written notice to the Executive Director within 28 days of the purchase or acquisition of—

(a) that person's name and address; and

(b) in the case of the purchase or acquisition of a building, whether the person intends to occupy the building.

(2) A person who has notified the Executive Director under subsection (1) must give written notice to the Executive Director of any change to the information provided within 28 days of the change.

Division 7—Amendment of Heritage Register

61 Destroyed places and registered objects

If an object is registered as an object integral to a registered place and that place is destroyed, the object remains in the Heritage Register until it is amended or removed from the Register under this Division.

62 Amendment of the Heritage Register

(1) The Heritage Council may amend the Heritage Register by amending or removing an item in the Heritage Register.

(2) Subject to section 63, Divisions 2 to 6 and this Division apply to an amendment or removal in the same way as those Divisions apply to a registration.

63 Expedited amendment of the Heritage Register

(1) On the recommendation of the Executive Director, the Heritage Council may amend the Heritage Register by amending or removing an item in the Register if—

(a) the amendment is for the purposes of correcting any technical or other minor error; or

(b) the amendment relates to a registered place or registered object which has been destroyed, and the Heritage Council considers that the State-level cultural heritage significance of the place or object is lost; or

(c) the amendment relates to an object integral to a registered place, and that place has been removed from the Heritage Register; or

(d) the amendment relates to land forming part of a registered place that has been subdivided in accordance with a relevant permit, and the subdivided land has no State-level cultural heritage significance.

(2) Before amending the Heritage Register, the Heritage Council must give at least 28 days written notice to—

(a) the owner of the item; and

(b) any government asset manager; and

(c) the responsible authority for the area in which the item is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(3) In this section—

relevant permit means—

(a) a permit issued under Part 5; or

(b) a permit granted under Part 4 of the Planning and Environment Act 1987 that was referred to the Executive Director as a determining referral authority under that Act.

Division 8—Other provisions relating to registered archaeological places and associated archaeological artefacts

64 Erection of notices

(1) The Executive Director or any person authorised by the Executive Director may cause to be erected at suitable places within, on or near the boundaries of a registered archaeological place, notices indicating that the place is a registered archaeological place.

(2) The fact that a notice is not erected at a place under this section does not affect the liability of any person for a contravention of Part 5 or any regulations relating to registered archaeological places.

(3) A person must not destroy, damage, remove or interfere with a notice erected under this section.

65 Archaeological artefacts in a registered archaeological place taken to be property of the Crown

All archaeological artefacts within a registered archaeological place are the property of the Crown and under the protection of the Crown.

66 Museum of Victoria to be place of lodgement

(1) The Museum of Victoria is the official place of lodgement of archaeological artefacts which are the property of the Crown.

(2) The following archaeological artefacts must be entrusted to the care of the Chief Executive Officer of the Museums Board of Victoria to be lodged in the Museum of Victoria unless the Executive Director, after consulting the Chief Executive Officer of the Museums Board of Victoria, otherwise determines—

(a) artefacts removed from a registered archaeological place;

(b) artefacts directed by the Executive Director to be removed to a place of safe storage under section 67;

(c) artefacts which are otherwise the property of the Crown.

67 Power of the Executive Director to direct excavation or examination of place

(1) The Executive Director may direct the excavation or examination of a registered archaeological place and the removal of archaeological artefacts from it to a place of safe storage.

(2) A person must not knowingly obstruct, hinder or otherwise interfere with an excavation or examination being conducted in accordance with subsection (1).

Part 4—Underwater cultural heritage

Division 1—Provisional registration

68 Determination of provisional registration

(1) The Executive Director, by notice published in the Government Gazette, may determine a place appearing to be a shipwreck, or an object appearing to be a shipwreck artefact, to be provisionally included in the Heritage Register as a registered shipwreck or registered shipwreck artefact if—

(a) the place or object is situated in Victorian waters; and

(b) the Executive Director considers that the place or object may be of State-level cultural heritage significance.

(2) The Executive Director, by notice published in the Government Gazette, may determine a place situated underwater appearing to be an archaeological site, or an object situated underwater appearing to be associated with an archaeological site, to be provisionally included in the Heritage Register as a registered archaeological place or a registered archaeological artefact if—

(a) the place or object is situated in Victorian waters; and

(b) the Executive Director considers that the place or object may be of State-level cultural heritage significance.

(3) On publication of a notice under subsection (1) or (2), the place or object is provisionally included in the Heritage Register in the category or categories determined by the Executive Director and specified in the notice.

(4) As soon as practicable after the notice is published, notice must also be published in a newspaper circulating generally in the area in which the item is situated.

69 Duration of provisional registration

(1) A determination under section 68 remains in force for 12 months from the date the notice is published in the Government Gazette, unless revoked earlier by the Executive Director or by the registration in the Heritage Register of the place or object as—

(a) a registered shipwreck; or

(b) a registered shipwreck artefact; or

(c) a registered archaeological place; or

(d) a registered archaeological artefact.

(2) The Executive Director, by notice published in the Government Gazette, may extend a determination under this section for any further period of 12 months that the Executive Director considers necessary.

Division 2—Shipwrecks and shipwreck artefacts

70 Notice of location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

(1) A person who obtains possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after obtaining possession of the item.

(2) A person who possesses an item which becomes a registered shipwreck or registered shipwreck artefact must give written notice to the Executive Director of the item's description and location within 7 days after the item is registered.

(3) A person who possesses an item which becomes a historic shipwreck or historic shipwreck artefact must notify the Executive Director in writing of the item's description and location within 7 days after the item becomes an historic shipwreck or historic shipwreck artefact.

(4) Subsection (1) or (2) do not apply if the person did not know, and had no reasonable grounds for believing, that the item was included in the Heritage Register.

(5) Subsection (1) or (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was or had become a historic shipwreck or historic shipwreck artefact.

71 Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck  

artefacts

(1) The Executive Director may give written notice to a person if it appears to the Executive Director that—

(a) the person may have, or may have had, possession of an item; and

(b) the item is, or may be, a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(2) A notice under subsection (1) may require the person to whom it is given—

(a) to inform the Executive Director whether the person has, or has had, possession of the item; and

(b) if the person has ceased to have possession of the item, to give the Executive Director particulars of the circumstances in which the person ceased to have possession of the item; and

(c) if the person has transferred possession, custody or control of the item to another person, to give the Executive Director the name and address of the person to whom possession, custody or control of the item was transferred.

(3) A person to whom notice is given under section (1) must not—

(a) refuse or fail to comply with the notice to the extent that the person is capable of complying with it; or

(b) in purported compliance with the notice, knowingly provide information that is false or misleading.

72 Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

(1) If a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact, the Executive Director, by notice in writing, may require the person to take any action in relation to the item that is specified in the notice for the purposes of—

(a) the conservation of the item; or

(b) exhibiting or providing access to the item.

(2) The action that a person may be required to take in relation to an item by a notice under subsection (1) includes the following—

(a) keeping the item in a particular manner or place;

(b) removing the item to a particular place within a particular time;

(c) doing a particular act in relation to the item within a particular time, being an act designed to assist in the conservation of the item;

(d) making the item available for inspection within a particular time and for the periods specified in the notice;

(e) delivering the item into the custody of a particular person for the purpose of operations designed to conserve the item or for the purpose of public exhibition.

(3) A notice given under subsection (1) does not prevent the giving of further notices under that subsection in relation to the same item.

(4) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.

(5) A civil action does not lie against a person in respect of any action taken by the person pursuant to a notice given to the person under subsection (1).

73 Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State

S. 73(1) substituted by No. 5/2023 s. 55(1).

(1) A person must not remove any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact from the State otherwise than in accordance with—

(a) an action required under section 72; or

(b) any terms and conditions of a permit issued by the Executive Director under section 77.

S. 73(2) amended by No. 5/2023 s. 55(2).

(2) An item removed from the State other than in accordance with an action required under section 72 or a permit issued by the Executive Director under section 77 is forfeited to the Crown.

(3) Subsection (1) does not apply if the person did not know, and had no reasonable grounds for believing, that the item was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(4) In this section, a reference to an item being removed from the State includes a reference to an item being removed from Victorian coastal waters, but does not include a reference to an item being removed directly from Victorian coastal waters to the State.

74 Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

(1) A person must not, without lawful authority, knowingly or recklessly—

(a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(2) A person must not, without lawful authority, negligently—

(a) take, destroy, damage, remove, disturb or otherwise interfere with any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(b) dispose of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Penalty: In the case of a natural person, 1200 penalty units or imprisonment for 2 years or both;

In the case of a body corporate, 2400 penalty units.

(3) A person must not, without lawful authority, knowingly or recklessly—

(a) buy, offer to buy, agree to buy or offer, or agree to barter or exchange any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(b) possess a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(4) An offence against subsection (1), (2) or (3) is an indictable offence.

(5) Subsection (3) does not apply if the person did not know, and had no reasonable grounds for believing, that the item that is the subject of the offence was a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(6) A reference in subsection (1) or (2) to the taking or removal of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact includes a reference to the taking or removal from a reef, from the sea‑bed or the sub-soil of the sea-bed or from land or the sub-soil of land.

(7) In this section—

take means to gain possession of an item by any means.

75 Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact

(1) If the Executive Director considers on reasonable grounds that a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact which has been removed from a place without a permit issued in accordance with section 77, the Executive Director may give written notice to the person requiring them to deliver the item to the Executive Director.

(2) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.

76 Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment

(1) A person must not, without authority or reasonable cause, possess on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—

(a) any salvage or recovery equipment or any equipment that could be readily adapted or used for the salvage or recovery of the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or

(b) any explosives, instruments or other equipment that could be used to damage or interfere with the registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Penalty: In the case of a natural person, 120 penalty units or 12 months imprisonment or both;

(2) This section does not apply to the holder of an access licence or general permit under the Fisheries Act 1995 carrying out an activity under that licence or permit.

77 Permits for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones

(1) A person may apply to the Executive Director for a permit authorising that person, and any other person named or described in the permit, to do an act or thing which would otherwise be prohibited under section 73, 74, 75 or 76 or the underwater cultural heritage regulations.

(2) An application must be made in the prescribed form and be accompanied by the prescribed fee (if any).

(3) The Executive Director may grant the permit subject to any conditions the Executive Director considers fit.

(4) The Executive Director may at any time, by notice in writing to the person to whom a permit has been granted—

(a) revoke the permit; or

(b) vary any conditions of the permit; or

(c) suspend the permit; or

(d) cancel a suspension of the permit.

(5) A suspension of a permit may be of indefinite duration or for a specified period.

(6) A person must not contravene a condition imposed in respect of a permit that has been granted to the person or is otherwise applicable to the person.

Penalty: In the case of a natural person, 240 penalty units or imprisonment
for 2 years or both;

78 Permits for the use of registered shipwrecks or registered shipwreck artefacts

(1) The Executive Director may grant a permit to any person for the use of a registered shipwreck or registered shipwreck artefact in the custody or control of the Executive Director for the purposes of study, conservation or exhibition.

(2) The Executive Director may impose any conditions on the permit that the Executive Director considers fit.

(3) A permit under this section remains in force for the period of time specified in the permit.

(4) An application for a permit must be made in the prescribed form and be accompanied by the prescribed fee (if any).

(5) A person who is the holder of a permit must comply with the permit.

79 Further exceptions to offences

Sections 73, 74, 75 or 76 or an offence against the underwater cultural heritage regulations do not apply if the act constituting the offence was done for the purposes of—

(a) saving human life; or

(b) securing the safety of a ship, if the ship was endangered by stress of weather or by navigational hazards; or

(c) dealing with an emergency involving a serious threat to the environment.

80 Discovery of shipwrecks and shipwreck artefacts to be notified

S. 80(1) amended by No. 5/2023 s. 56(1).

(1) A person who discovers a shipwreck or shipwreck artefact must within 7 days give to the Executive Director a notice in writing setting out—

(a) a description of the shipwreck or shipwreck artefact; and

(b) a description of the place where the shipwreck or shipwreck artefact is situated which is sufficient to enable the shipwreck or shipwreck artefact to be located.

(2) The notice under subsection (1) must be in the prescribed form and contain any other prescribed details.

(3) A person must not in a notice purporting to be given to the Executive Director under subsection (1) make a statement that to their knowledge is false or misleading in a material particular.

(4) Subsection (1) does not apply if—

S. 80(4)(a) amended by No. 5/2023 s. 56(2).

(a) the person did not know and, in the circumstances, they could not reasonably have been expected to know that the thing which they discovered was a shipwreck or a shipwreck artefact; or

(b) a notice was given in accordance with subsection (1) to the Executive Director in respect of the shipwreck or shipwreck artefact by a person who is not the person charged for the offence before it was practicable for the person charged for the offence to give the notice; or

(c) the person had reasonable grounds for believing that a notice was given to the Executive Director in accordance with subsection (1) by some other person in respect of the shipwreck or shipwreck artefact before it was practicable for the first‑mentioned person to give the notice.

S. 80(5) amended by No. 5/2023 s. 56(2).

(5) A person who has discovered a shipwreck or shipwreck artefact must not knowingly carry out operations designed to conceal the location of the shipwreck or shipwreck artefact.

(6) A prosecution must not be continued in respect of an offence under this section unless the court is provided with a certificate signed by the Executive Director that the shipwreck or shipwreck artefact is of cultural heritage significance.

(7) A certificate signed by the Executive Director under subsection (6) is conclusive evidence of the facts stated in it.

81 Rewards

(1) The Executive Director, with the consent of the Heritage Council, may give a person a reward in the form of a plaque, model, replica, medallion or other commemorative item if the person—

(a) first gives notice of any shipwreck or shipwreck artefact; or

(b) gives a description of the location of any shipwreck or shipwreck artefact that enables its discovery; or

(c) provides information leading to the conviction of a person for an offence against this Act or the underwater cultural heritage regulations.

(2) Any funds required to buy an item referred to in subsection (1) must be paid from the Heritage Fund.

82 Declaration as to Crown ownership of registered shipwrecks or registered shipwreck artefacts

(1) The Minister, by notice published in the Government Gazette, may declare a registered shipwreck or registered shipwreck artefact to be vested in the Crown if the Minister is of the opinion that the declaration is necessary to protect the public interest.

(2) On the publication of a notice under subsection (1), the ownership of the registered shipwreck or registered shipwreck artefact vests in the Crown free of any other interest.

83 Right to claim compensation for loss on vesting of registered shipwreck or registered shipwreck artefact in the Crown

(1) A person who would, but for the publication of a notice under section 82, have been entitled to ownership of a registered shipwreck or registered shipwreck artefact, or to any interest in a registered shipwreck or registered shipwreck artefact, may claim compensation for their loss by action against the Crown in the Supreme Court within 6 months after the date of publication of the notice.

(2) On a claim under subsection (1), the Supreme Court may award such compensation against the Crown as it considers just in the circumstances.

84 Official place of lodgement of registered shipwrecks and registered shipwreck artefacts

The Museum of Victoria is the official place of lodgement of registered shipwrecks and registered shipwreck artefacts which are the property of the Crown unless the Executive Director, after consulting the Chief Executive Officer of the Museums Board of Victoria, otherwise determines.

85 Danger to navigation

(1) Nothing in this Part derogates from any power granted under any other Act to any person to deal with a shipwreck that constitutes an obstruction to the safe and convenient navigation of any Victorian waters or that are situated on shore in any port in the State.

(2) Despite subsection (1), any power referred to in that subsection must not be exercised in relation to a shipwreck unless—

(a) at least 60 days have passed from the date on which that person has given to the Executive Director a notice in writing containing the following particulars—

(i) that person's intention to exercise the power;

(ii) the item in relation to which it is intended to exercise the power;

(iii) the location of that item;

(iv) the nature and extent of the action which is to be taken; or

(b) the item constitutes an imminent danger to the safe navigation of those waters or is likely to cause damage to persons or property in a port.

Part 5—Permits

Division 1—General

86 Scope of Part

(1) Subject to subsection (2), this Part has effect despite anything in or authorised by the Building Act 1993 or any other Act.

(2) This Act is subject to any regulation or emergency order under the Building Act 1993 relating to the securing, pulling down or removal of dangerous buildings.

87 Offences in relation to knowingly or recklessly performing certain activities

(1) A person must not knowingly or recklessly remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

(2) A person must not knowingly or recklessly remove, relocate or demolish, or damage or despoil, or alter, a registered object.

(3) A person must not knowingly or recklessly disturb the position of an object that is a fixed registered object.

S. 87(4)(a) amended by No. 5/2023 s. 57(a).

S. 87(4)(ca) inserted by No. 5/2023 s. 57(b).

S. 87(4)(cb) inserted by No. 5/2023 s. 57(b).

S. 87(4)(cc) inserted by No. 5/2023 s. 57(b).

(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Act.

(5) An offence against subsection (1), (2) or (3) is an indictable offence.

88 Offences in relation to negligently performing certain activities

(1) A person must not negligently remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

(2) A person must not negligently remove, relocate or demolish, damage or despoil, or alter, a registered object.

(3) A person must not negligently disturb the position of an object that is a fixed registered object.

S. 88(4)(a) amended by No. 5/2023 s. 58(a).

S. 88(4)(ca) inserted by No. 5/2023 s. 58(b).

S. 88(4)(cb) inserted by No. 5/2023 s. 58(b).

S. 88(4)(cc) inserted by No. 5/2023 s. 58(b).

(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Act.

(5) An offence against subsection (1), (2) or (3) is an indictable offence.

89 Offences in relation to performing certain activities

(1) A person must not remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

(2) A person must not remove, relocate or demolish, damage or despoil, or alter, a registered object.

(3) A person must not disturb the position of an object that is a fixed registered object.

S. 89(4)(a) amended by No. 5/2023 s. 59(a).

S. 89(4)(ca) inserted by No. 5/2023 s. 59(b).

S. 89(4)(cb) inserted by No. 5/2023 s. 59(b).

S. 89(4)(cc) inserted by No. 5/2023 s. 59(b).

(d) for which the Heritage Council or the Executive Director has determined that a permit is not required under this Part.

90 Exemption for the purposes of religious services or rites

S. 90(1) amended by No. 5/2023 s. 60(1).

(1) Subject to this section, a person may carry out works or activities in relation to the following places or objects for the purposes of religious services or rites without a permit—

(a) a registered place which is a place of worship or in the precincts of a place of worship;

(b) a registered object which is in a place of worship or in the precincts of a place of worship.

(2) Subsection (1) does not apply to a place that was built for purposes other than religious services or rites.

S. 90(3) substituted by No. 5/2023 s. 60(2).

(3) The owner of the place or object must give notice of the proposed works or activities to the Executive Director at least 20 business days before the works or activities are to commence.

(4) A notice under subsection (3) must—

S. 90(4)(b) amended by No. 5/2023 s. 60(3).

(b) include a declaration by an officer of the place of worship, authorised by the place of worship for that purpose, that the proposed works or activities are required for the purposes of religious services or rites.

S. 90(5) inserted by No. 5/2023 s. 60(4).

(5) If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, the Executive Director may notify the owner of the place or object that—

(a) the exemption under this section does not apply to the proposed works or activities; and

(b) a permit for the proposed works or activities is required.

S. 90(6) inserted by No. 5/2023 s. 60(4).

(6) A notice under subsection (5) must be given within 15 business days after the Executive Director receives a notice under subsection (3).

S. 90A inserted by No. 5/2023 s. 61.

90A Requests for additional information in relation to exemption for the purposes of religious services or rites

(1) The Executive Director may request an owner to provide any additional information that the Executive Director considers necessary to determine if the proposed works or activities are for the purposes of religious services or rites.

(c) a statement that the notice given under section 90(3) will cease to have effect if the information is not provided by that date.

(3) The owner may request the Executive Director to grant an extension of time to provide the requested information.

(b) give written notice to the owner of the Executive Director's decision.

(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.

(6) The Executive Director must notify the owner within 5 business days after agreeing or refusing to agree to the extension.

(7) The period within which the Executive Director must give notice under section 90(6) stops to run on the day when the Executive Director requests additional information under this section and starts to run when that information is provided to the Executive Director.

S. 91 substituted by No. 5/2023 s. 62.

91 Exemption for certain subdivisions or consolidations

A person may cause land to be subdivided or consolidated without a permit issued under Part 5 if—

(a) the subdivision or consolidation is in accordance with a planning permit; and

(b) the application for the planning permit was referred to the Executive Director as a determining referral authority under the Planning and Environment Act 1987.

92 Other exemptions from permits

(1) The Heritage Council, on the recommendation of the Executive Director, may determine categories of works or activities which may be undertaken in relation to any registered place, registered object or class of registered place or registered object without a permit under this Part.

S. 92(2) repealed by No. 5/2023 s. 63(1).

(3) The Executive Director, on the application of the owner of a registered place or registered object, may determine that a permit is not required for particular works or activities in relation to the registered place or registered object.

S. 92(3A) inserted by No. 5/2023 s. 63(2).

(3A) The Executive Director must give written notice to the owner of a registered place or registered object affected by a determination made—

(a) under subsection (1), without delay; or

(b) under subsection (3), within 5 business days.

S. 92(4) amended by No. 5/2023 s. 63(3).

(4) If the Heritage Council or Executive Director makes or amends a determination under this section, the specified works or activities may be carried out in relation to the registered place or registered object.

(5) The Heritage Council or the Executive Director must not make a determination in relation to any works or activities if they consider the works or activities may harm the cultural heritage significance of the registered place or registered object.

(6) The Heritage Council, on the recommendation of the Executive Director, may amend or revoke a determination made under subsection (1).

S. 92(6A) inserted by No. 5/2023 s. 63(4).

(6A) The Executive Director may amend or revoke a determination made under subsection (3) if, at the time of the amendment or revocation, the Executive Director considers the works or activities may harm the cultural heritage significance of the registered place or registered object.

S. 92(7) substituted by No. 5/2023 s. 63(5).

(7) The Executive Director must give written notice to the owner of a registered place or registered object affected by an amendment or revocation of a determination—

(a) under subsection (6), without delay; or

(b) under subsection (6A), within 5 business days.

Division 2—Permit applications

93 Permit applications

(1) A person may apply to the Executive Director for a permit to carry out works or activities in relation to a registered place or registered object.

(2) A permit application must—

(a) be made in the prescribed form; and

(3) If the applicant is not the owner or government asset manager of the registered place or registered object, the applicant must obtain the written consent of the owner or government asset manager of the place or object.

S. 93(3A) inserted by No. 5/2023 s. 64.

(3A) Despite subsection (3), if the works or activities for which a permit is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.

(4) An applicant may withdraw a permit application at any time.

94 Public display of permit applications in certain circumstances

S. 94(1) substituted by No. 5/2023 s. 6(1).

(1) If the Executive Director receives a permit application under section 93 and the Executive Director considers that the proposed works or activities may harm the cultural heritage significance of the place or object, the Executive Director must—

(a) cause notice of a permit application to be published in a newspaper circulating generally in the area in which the registered place or registered object is situated; and

(b) make a notice of the permit application available electronically in accordance with the requirements set out in section 254C for a period of 14 days beginning on the day on which the notice is published under paragraph (a).

S. 94(1A) inserted by No. 5/2023 s. 6(1).

(1A) A notice under subsection (1)(a) is to be published—

(a) as soon as practicable after the Executive Director receives the permit application; or

(b) if publication under paragraph (a) would be during the period from 24 December to 9 January next following, as soon as practicable after that period ends.

(2) The Executive Director may require—

(a) the owner or government asset manager of the registered place to cause a copy of the notice to be continuously displayed in a conspicuous position at that place for a period not exceeding 14 days; or

(b) the owner or government asset manager of the registered object to cause a copy of the notice to be continuously displayed in a conspicuous position on or near that object for a period not exceeding 14 days.

(3) The Executive Director may extend the specified period of display under subsection (2) with the agreement of the applicant and the owner or government asset manager of the registered place or registered object.

S. 94(4) amended by No. 5/2023 s. 6(2).

(4) The Executive Director may require the applicant or the owner or government asset manager of the registered place or registered object to cause publication of the notice under subsection (1)(a).

(5) A person is taken to have complied with subsection (2) if the Executive Director is satisfied that the person took all reasonable steps to ensure that the notice was conspicuously and continuously displayed during the specified period of display.

S. 94(6) substituted by No. 5/2023 s. 6(3).

(6) For the period of 14 days beginning on the day on which the notice is published under subsection (1)(a), the Executive Director must make a copy of the application available in accordance with the public availability requirements.

S. 94(6A) inserted by No. 5/2023 s. 6(3).

(6A) If the Executive Director makes a copy of an application available electronically under subsection (6), the Executive Director must not disclose personal information about an individual, other than the address of the land subject to the application, without the individual's consent.

(7) The Executive Director may require the applicant to provide information regarding compliance with subsection (2) or (4).

(8) In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.

95 Public submissions in relation to permit applications

(1) If notice of a permit application is given under section 94(1) or (4), any person may lodge a written submission with the Executive Director in relation to the application.

(2) A submission must be lodged within—

(a) 14 days after notice is given under section 94(1) or (4); or

(b) an extended period of time under section 94(3).

S. 96 (Heading) substituted by No. 5/2023 s. 65(1).

96 Amending permit applications—request of applicant

(1) An applicant may make a written request to the Executive Director to amend a permit application.

(2) A request to amend a permit application may be made before or after any notice of the application is publicly displayed under section 94.

(3) A request must—

(a) include any new information in relation to the proposed amendment that was not included in the original application; and

S. 96(3)(c) amended by No. 5/2023 s. 65(2).

(c) if the applicant is not the owner or government asset manager of the registered place or registered object in respect of which the permit application applies, include the written consent of the owner or government asset manager.

S. 96(3A) inserted by No. 5/2023 s. 65(3).

(3A) Despite subsection (3)(c), if the works or activities for which the amendment to the permit application is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.

S. 96(4) amended by No. 5/2023 s. 65(4).

(4) The Executive Director, within 20 business days after receiving a request under subsection (1), must—

(a) agree to the request; or

(b) refuse the request if the Executive Director considers that the amendment is so substantial that a new permit application is necessary.

S. 96(4A) inserted by No. 5/2023 s. 65(5).

(4A) The Executive Director must notify the applicant within 5 business days after a decision under subsection (4) to agree to the request or to refuse the request.

S. 96(5) repealed by No. 5/2023 s. 65(6).

(6) Despite section 94, if a request to amend a permit application is made after notice of a permit application is publicly displayed under section 94, the Executive Director may give directions to the applicant in relation to the publication or notification of the amended permit application.

S. 96(7) inserted by No. 5/2023 s. 65(7).

(7) The period within which the Executive Director must agree to the request or refuse the request to amend the permit application under subsection (4) stops to run on the day when a direction is given to the applicant under subsection (6) and starts to run when information regarding compliance with that direction is provided to the Executive Director.

S. 96A inserted by No. 5/2023 s. 66.

96A Amending permit applications—Executive Director

(1) The Executive Director may amend a permit application if—

(a) the Executive Director considers that the amendment would assist with the protection or conservation of the cultural heritage significance of the registered place or registered object to which the application relates; and

(b) the applicant consents in writing to the amendment; and

(c) if the owner or government asset manager of the registered place or registered object in respect of which the permit application relates is not the applicant, the owner or government asset manager consents in writing to the amendment.

(2) The Executive Director may amend a permit application under subsection (1) before or after any notice of the application is publicly displayed under section 94.

(3) If the Executive Director amends a permit application under subsection (1) after notice of the application is publicly displayed under section 94, the Executive Director—

(a) must notify any persons who lodged a written submission in relation to the permit application under section 95(1) of the amendment to the permit application; and

(b) despite section 94, may give directions to the applicant in relation to the publication or notification of the amended permit application.

S. 96B inserted by No. 5/2023 s. 66.

96B Amended permit application to be given to responsible authority or municipal council

The Executive Director must as soon as practicable give a copy of a permit application amended under section 96 or 96A to the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

97 Time for determining permit applications

S. 97(1) amended by No. 5/2023 s. 67(1).

(1) Subject to section 99, the Executive Director must determine a permit application within 45 business days after receiving the application unless that period is extended in accordance with this section.

S. 97(2) amended by No. 5/2023 s. 67(2).

(2) The Heritage Council, on the application of the Executive Director, may extend the period of 45 business days by a further period of up to 45 business days.

S. 97(3) amended by No. 5/2023 s. 67(3).

(3) An application by the Executive Director under subsection (2) must be made before the end of the period of 45 business days specified in subsection (1).

S. 97(4) inserted by No. 5/2023 s. 67(4).

(4) If the Executive Director obtains an extension under subsection (2), the Executive Director must notify the applicant within 5 business days of the extension.

98 Requests for additional information in relation to permit applications

(1) The Executive Director may request an applicant to provide any additional information that the Executive Director considers necessary to assist the determination of the permit application.

S. 98(2)(a) amended by No. 5/2023 s. 68(a).

(c) a statement that the application will lapse if the information is not provided by that date.

(3) The applicant may request the Executive Director to grant an extension of time to provide the requested information.

(a) whether the extension of time is agreed to or refused;

(b) if the extension of time is agreed to, the date by which the information must be provided;

S. 98(5)(c) amended by No. 5/2023 s. 68(b).

(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.

S. 98(6) amended by No. 5/2023 s. 68(c).

(6) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.

99 Stopping of time for permit applications

The period within which the Executive Director must determine a permit application—

(a) stops to run on the day when a copy of the notice publicly displayed under section 94(2) is requested by the Executive Director under section 94(7) and starts to run when information regarding compliance with that display is provided to the Executive Director; or

(b) stops to run on the day when notice is caused to be published under section 94(4) and starts to run when information regarding compliance with that notice is provided to the Executive Director under section 94(7); or

S. 99(ba) inserted by No. 5/2023 s. 69(1).

(ba) stops to run on the day when a request to amend a permit application is made under section 96(1) and starts to run when a decision is made by the Executive Director in relation to the request under section 96(4); or

S. 99(c) amended by No. 5/2023 s. 69(2).

(c) stops to run on the day when a direction is given to the applicant under section 96A(3)(b) and starts to run when information regarding compliance with that direction is provided to the Executive Director; or

(d) stops to run on the day when the Executive Director requests additional information under section 98 and starts to run when that information is provided to the Executive Director.

100 Submissions by responsible authorities and municipal councils in relation to permit applications

S. 100(1) amended by No. 5/2023 s. 70(1).

(1) The Executive Director, within 10 business days after receiving a permit application, must give a copy of the application—

(a) to the responsible authority for the area in which the registered place or registered object is situated; and

(b) if the responsible authority is not a municipal council, the relevant municipal council.

(2) A responsible authority or a municipal council to which a copy of a permit application is given may make a written submission to the Executive Director in relation to the application.

(3) A submission must be lodged within—

S. 100(3)(a) amended by No. 5/2023 s. 70(2).

(a) 20 business days after notice is given under subsection (1); or

(b) an extended period of time under section 94(3).

S. 100(4) inserted by No. 5/2023 s. 70(3).

(4) Despite subsection (3), the Executive Director may accept a submission that has not been lodged within the time required under that subsection.

101 Determination of permit applications

S. 101(1) amended by No. 5/2023 s. 71(1)(a).

(1) After considering an application the Executive Director may determine—

S. 101(1)(a) substituted by No. 5/2023 s. 71(1)(b).

(a) to approve the application or part of the application, subject to any terms and conditions the Executive Director considers fit; or

S. 101(1)(b) amended by No. 5/2023 s. 71(1)(c).

(b) to refuse the application.

S. 101(2) amended by No. 5/2023 s. 71(2).

(2) In making a determination under subsection (1), the Executive Director must consider the following—

(a) the extent to which the application, if approved, would affect the cultural heritage significance of the registered place or registered object;

(b) the extent to which the application, if refused, would affect the reasonable or economic use of the registered place or registered object;

(c) any submissions made under section 95 or 100;

(d) if the applicant is a public authority, the extent to which the application, if refused, would unreasonably detrimentally affect the ability of the public authority to perform a statutory duty specified in the application;

(e) if the application relates to a listed place or to a registered place or registered object in a World Heritage Environs Area, the extent to which the application, if approved, would affect—

(i) the world heritage values of the listed place; or

(ii) any relevant Approved World Heritage Strategy Plan;

(f) any matters relating to the protection and conservation of the registered place or registered object that the Executive Director considers relevant.

S. 101(3) amended by No. 5/2023 s. 71(2).

(3) In making a determination under subsection (1), the Executive Director may consider—

(a) the extent to which the application, if approved, would affect the cultural heritage significance of any adjacent or neighbouring property that is—

(i) included in the Heritage Register; or

(ii) subject to a heritage requirement or control in the relevant planning scheme; or

(b) any other relevant matter.

S. 101A inserted by No. 5/2023 s. 72.

101A Approval of permit applications subject to security

(1) In approving an application under section 101(1)(a), the Executive Director may impose a term or condition on the permit that requires a security to be given to the Heritage Council to ensure—

(a) the satisfactory completion of the works or activities for which the permit is issued; or

(b) compliance with another condition imposed on the permit.

(2) In determining the form and content of a security referred to in subsection (1), the Executive Director must have regard to—

(a) in the case of a security for the purposes of subsection (1)(a), the nature and extent of the works or activities; or

(b) in the case of a security for the purposes of subsection (1)(b), the nature of the other condition to be complied with.

(3) The Heritage Council, for the following purposes, may pay out of the Heritage Fund a security received under subsection (1)—

(a) in accordance with the terms and conditions of the permit, for the satisfactory completion of the works or activities in respect of which the security was given;

(b) making the security available to the Executive Director under section 159(2);

(c) in accordance with the terms and conditions of the permit, for compliance with the other condition imposed on the permit in respect of which the security was given.

(4) The Heritage Council must return a security, or the remainder of a security if there has been a partial pay out of the security under subsection (3), to a person if—

(a) in the case of a security for the purposes of subsection (1)(a), the works or activities are completed; or

(b) in the case of a security for the purposes of subsection (1)(b), the condition is complied with.

Division 3—Issue of permits

S. 102 substituted by No. 5/2023 s. 73.

102 Issue of permits

The Executive Director, within 5 business days of making a determination under section 101(1)(a) to approve an application or part of an application, must issue a permit to the applicant.

S. 102A inserted by No. 5/2023 s. 73.

102A Notice of refusal

(1) The Executive Director, within 5 business days of making a determination under section 101(1)(a) to approve part of an application, must give a written notice of the refusal of any part of the application not approved to the applicant.

(2) The Executive Director, within 5 business days of making a determination under section 101(1)(b) to refuse an application, must give a written notice of the refusal to the applicant.

(3) A notice of refusal must include—

(a) a statement of reasons for the refusal of the application or part of the application; and

(b) a statement of the applicant's rights of review under this Part.

S. 102B inserted by No. 5/2023 s. 73.

102B Notice of permit application determination

The Executive Director must notify the following persons of the outcome of a permit application determination under section 101(1) within 5 business days—

(a) any person who made a submission in relation to the permit application; and

(b) the responsible authority for the area in which the registered place or registered object in respect of which the permit was applied for is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

S. 103 repealed by No. 5/2023 s. 74.

S. 104 amended by No. 5/2023 s. 75.

104 Noncompliance with permit

A person carrying out works or activities for which a permit is issued under this Part must ensure that the works or activities comply with the permit and any terms and conditions of the permit.

In the case of a body corporate, 600 penalty units.

Division 4—Amendment of permits

105 Amendment of permits

(1) The holder of a permit issued under this Part may request the Executive Director to amend the permit.

(a) be made in the prescribed form; and

(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request to amend the permit.

S. 105(3A) inserted by No. 5/2023 s. 76(1).

(3A) Despite subsection (3), if the works or activities for which the amendment to the permit is sought relate to only part of the registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.

S. 105(4) amended by No. 5/2023 s. 76(2).

(4) On receiving a request under subsection (1), the Executive Director must notify within 5 business days—

(a) any person who made a submission in relation to the permit application; and

(b) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

S. 105(5) substituted by No. 5/2023 s. 76(3).

(5) Subject to subsection (5A), the Executive Director must agree to a request to amend a permit in whole or in part, or refuse the request, within 20 business days after receiving the request.

S. 105(5A) inserted by No. 5/2023 s. 76(3).

(5A) The period within which the Executive Director must agree to a request to amend a permit, or refuse the request, under subsection (5) stops to run on the day when the Executive Director makes a request for additional information under section 105A(1) and starts to run when the additional information is provided to the Executive Director.

(6) The Executive Director must refuse the request if the Executive Director considers that the requested amendment is so substantial that a new permit application is necessary.

(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.

S. 105(8) inserted by No. 5/2023 s. 76(4).

(8) If the Executive Director agrees to a request to amend a permit, or refuses the request, the Executive Director must notify within 5 business days—

(a) the permit holder; and

(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and

(c) any person who made a submission in relation to the permit application; and

(d) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

S. 105(9) inserted by No. 5/2023 s. 76(4).

(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.

S. 105(10) inserted by No. 5/2023 s. 76(4).

(10) If the Executive Director agrees to a request to amend a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.

S. 105A inserted by No. 5/2023 s. 77.

105A Requests for additional information in relation to amendment of permits

(1) The Executive Director may request a permit holder to provide any additional information that the Executive Director considers necessary to assist with a decision under section 105(5).

(b) the date by which the information must be provided, being a date which is at least 20 days after the request;

(c) a statement that the request to amend the permit will lapse if the information is not provided by that date.

(3) The permit holder may request the Executive Director to grant an extension of time to provide the requested information.

(c) if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.

(6) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.

S. 105B inserted by No. 5/2023 s. 77.

105B Minor amendment of permits

(1) The holder of a permit issued under this Part may request the Executive Director to make a minor amendment to the permit.

(2) A request under subsection (1) must be made in the prescribed form.

(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request for a minor amendment to the permit.

(4) Despite subsection (3), if the works or activities for which the minor amendment to the permit is sought relate to only part of the registered place or registered object, the permit holder is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.

(5) The Executive Director must agree to a request to make a minor amendment to the permit in whole or in part, or refuse the request, within 20 business days after receiving the request.

(6) The Executive Director must refuse a request under subsection (5) if the Executive Director considers that the requested amendment—

(a) is not minor in the context of the works or activities authorised by the permit and requires a request for the amendment of the permit under section 105; or

(b) is so substantial that a new permit application is necessary.

(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.

(8) The Executive Director, within 5 business days after making a decision under subsection (5), must notify—

(a) the permit holder; and

(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and

(c) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued or situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.

(10) If the Executive Director agrees to a request to make a minor amendment to a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.

Division 5—Reviews of determinations relating to permits