1990 Act means the Heritage of Western Australia Act 1990, repealed by section 166;
commencement day means the day on which section 166 comes into operation;
former Council means the Heritage Council of Western Australia established under the 1990 Act section 5 and in existence immediately before commencement day;
former register means the register established and maintained under the 1990 Act section 46;
interim period means the period beginning on commencement day and ending on the 2nd anniversary of commencement day;
liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;
new Council means the Heritage Council of Western Australia established by section 11(1);
new register means the State Register of Heritage Places established and maintained under section 35(1);
right means any right, power, privilege or immunity whether actual, contingent or prospective.
168. Interpretation Act 1984 not affected
This Division is in addition to the provisions of the Interpretation Act 1984 and, unless the contrary intention appears, does not limit or otherwise affect the operation of those provisions.
169. Council a continuation of former Council
(1) The new Council is a continuation of, and the same legal entity as, the former Council.
(2) The assets, rights and liabilities of or in relation to the former Council continue as assets, rights and liabilities of or in relation to the new Council.
(3) A reference to the former Council in a written law or other document or instrument is, where the context so requires, to be read as if it had been amended to be a reference to the new Council.
170. Members of former Council continue in office
(1) A person who, immediately before commencement day, was a member of the former Council continues in office under and subject to this Act as a member of the new Council under this Act on and from commencement day.
(2) A person who, immediately before commencement day, held office as chairperson of the former Council continues in office under and subject to this Act as chairperson of the new Council on and from commencement day.
(3) Without limiting subsections (1) and (2), a member of the new Council holds office —
(a) on the terms and conditions that applied to the person’s appointment under the 1990 Act; and
(b) until the day the member’s term of appointment under the 1990 Act would have ended or such earlier day, if any, as the member vacates office under this Act.
Section 1990 - Heritage Act 2018 - Act means the *Heritage of Western Australia Act 1990*, repealed by section 166; | Zoe
171. Unfinished proceedings: Council
Any proceeding commenced by, or against, the former Council that have not been finally determined by commencement day are, on and from commencement day —
(a) to be dealt with and determined as if the proceeding had been commenced by or against the new Council; and
(b) to continue under the direction and control of the new Council.
172. Completion of things commenced
Anything commenced to be done by the former Council before commencement day may be continued by the Council after commencement day so far as the doing of that thing is a function of the new Council.
173. Continuing effect of things done
Any act, matter or thing done or omitted to be done before commencement day by, to or in respect of the former Council is taken, on and from commencement day, to have been done or omitted by, to or in respect of the new Council —
(a) to the extent that the act, matter or thing is relevant to the new Council; and
(b) so far as the act, matter or thing —
(i) has any force or significance; and
(ii) is not governed by another provision of this Division.
174. First annual report of Council
In its first annual report submitted by the accountable authority of the Council under the Financial Management Act 2006 Part 5, the new Council is also to report on the proceedings of the former Council for the period from 1 July in the preceding year to commencement day.
175. Heritage Fund a continuation of former Heritage Account
The Heritage Fund referred to in section 29 is a continuation of the Heritage Account referred to in the 1990 Act section 14(4).
On commencement day the Heritage Conservation Incentive Account referred to in the 1990 Act section 14(5) is closed.
177. Register
(1) The former register as it exists immediately before commencement day continues on and from commencement day, under and subject to this Act, as the new register.
(2) The entry of a place in the former register is taken to be sufficient for the purposes of section 36(2) and to comply with the conditions under section 37(1) and (2).
(3) Without prejudice to any shorter limitation period provided under any other written law, no objection to anything done under the 1990 Act Part 5 Division 2 in relation to the former register as it exists immediately before commencement day may be raised or determined in proceedings instituted in any court or tribunal after the expiry of the interim period.
178. Interim registration
interim registered place means a place that, immediately before commencement day, is the subject of an interim registration under the 1990 Act section 50;
previously registered place means a place that, immediately before commencement day, is the subject of a permanent registration under the 1990 Act section 51.
(2) A previously registered place is taken to be a registered place for the purposes of this Act.
(3) During the interim period —
(a) an interim registered place is taken to be a registered place for the purposes of this Act, other than Part 3 Division 2; and
(b) an entry may be made in the new register in respect of the interim registered place in accordance with Part 3 Division 2.
(4) If, after commencement day and by the 2nd anniversary of commencement day, no entry has been made in the new register in respect of an interim registered place, the interim registered place —
(a) is no longer taken to be a registered place; and
(b) for the purposes of section 37(2) is taken to have been included in an entry that was removed from the register on the 2nd anniversary of commencement day.
179. Conservation orders
(1) On and from commencement day —
(a) a conservation order made under the 1990 Act section 59(2)(a) that is in effect on commencement day is taken to be a consent order for the purposes of this Act; and
(b) a conservation order made under the 1990 Act section 59(2)(b) that is in effect on commencement day is taken to be a stop work order for the purposes of this Act; and
(c) a conservation order made under the 1990 Act section 59(4) that is in effect on commencement day is taken to be a continuing protection order for the purposes of this Act.
(2) Without limiting subsection (1), section 61 applies to a conservation order that is taken under this section to be a consent order, stop work order or continuing protection order.
180. Heritage agreements
A Heritage Agreement entered into under the 1990 Act section 29 that is in effect on commencement day —
(a) continues to have effect as if it were a heritage agreement certified under section 90(5); and
(b) continues to bind any successors in title in relation to interests in the land to which the agreement applies, to the extent to which successors in title would have been bound under the 1990 Act.
181. Local heritage survey
An inventory compiled and maintained under the 1990 Act section 45 is, on and from commencement day, taken for the purposes of Part 8 to be a survey prepared under section 103(1).
182. Powers in relation to transitional matters
specified means specified or described in the regulations;
transitional matter means a matter that arises as a result of —
(a) the repeal of the 1990 Act; or
(b) an amendment made under Part 15; or
(c) the enactment of this Act.
(2) If this Division does not deal sufficiently with a transitional matter the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.
(3) Regulations made under subsection (2) may provide that a specified provision of this Act does not apply, or applies with specified modifications, to or in relation to any matter.
(4) If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than commencement day, the regulations have effect according to their terms.
(5) If regulations contain a provision referred to in subsection (4), the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
Part 15 — Amendments to other Acts
183. Building Act 2011 amended
(1) This section amends the Building Act 2011.
(2) In section 20(1)(m) delete “Heritage of Western Australia Act 1990” and insert:
(3) In section 21(1)(i) delete “Heritage of Western Australia Act 1990” and insert:
(4) In section 23(5)(b) delete “Heritage of Western Australia Act 1990” and insert:
184. Constitution Acts Amendment Act 1899 amended
(1) This section amends the Constitution Acts Amendment Act 1899.
(2) In Schedule V Part 3 delete the item for the Heritage Council of Western Australia and insert:
The Heritage Council of Western Australia established by the Heritage Act 2018.
185. Liquor Control Act 1988 amended
(1) This section amends the Liquor Control Act 1988.
(2) In section 77(5a)(a) delete “Register of Heritage Places compiled under the Heritage of Western Australia Act 1990; or” and insert:
State Register of Heritage Places established and maintained under the Heritage Act 2018; or
186. Planning and Development Act 2005 amended
(1) This section amends the Planning and Development Act 2005.
(2) In section 4(1):
(a) in the definition of development paragraph (c) delete “Conservation Order made under section 59 of the Heritage of Western Australia Act 1990” and insert:
protection order made under the Heritage Act 2018 Part 4 Division 1
(b) in the definition of Heritage Council delete “under the Heritage of Western Australia Act 1990;” and insert:
by the Heritage Act 2018;
(3) In section 36(b):
(a) delete “any Order made under section 59 of the Heritage of Western Australia Act 1990,” and insert:
any protection order made under the Heritage Act 2018 Part 4 Division 1,
(b) delete “section 60” and insert:
section 62
(4) In section 79 delete “the Register or on any inventory maintained under section 45 or 46 of the Heritage of Western Australia Act 1990” and insert:
the register established and maintained under the Heritage Act 2018 section 35(1) or in any local heritage survey prepared under section 103(1) of that Act
(5) In section 103(2)(d) delete “Heritage of Western Australia Act 1990” and insert:
(6) In section 112(4) delete “section 78 of the Heritage of Western Australia Act 1990.” and insert:
the Heritage Act 2018 Part 5 Division 2.
(7) In section 112(5) delete “Heritage of Western Australia Act 1990” and insert:
(8) In section 137(1) delete “to which section 78 of the Heritage of Western Australia Act 1990 applies.” and insert:
included in a place of a kind mentioned in the Heritage Act 2018 section 72(1).
(9) Delete section 137(2) and insert:
(2) The Commission must not grant an application for its approval under section 135 or 136 in respect of land to which this section applies unless the requirements of the Heritage Act 2018 Part 5 Division 2 have been observed.
(10) In section 137(3):
(a) delete “section 78(2)(a) of the Heritage of Western Australia Act 1990” and insert:
the Heritage Act 2018 section 76(3)
(b) in paragraph (a) delete “section 78 of the Heritage of Western Australia Act 1990; or” and insert:
the Heritage Act 2018 section 76(3); or
(c) in paragraph (b) delete “section 78(2)(b) and (c) of the Heritage of Western Australia Act 1990.” and insert:
the Heritage Act 2018 section 76(6).
(11) Delete section 137(4).
(12) Delete section 163 and insert:
Application for development of heritage place
An application for approval of development must, if the application is a proposal to which the Heritage Act 2018 section 73(1) applies, be made —
(a) in the case of an application under a local planning scheme or local interim development order, to the responsible authority; and
(b) in any other case, to the Commission.
(13) In section 241(2):
(a) delete “Heritage of Western Australia Act 1990” and insert:
(b) in paragraph (d) delete “Heritage of Western Australia Act 1990.” and insert:
*Heritage Act 2018*.
(14) In section 245(5)(b) delete “land or water to which an entry in the Register maintained under section 46 of the Heritage of Western Australia Act 1990 relates,” and insert:
land included in a place of a kind mentioned in the Heritage Act 2018 section 72(1),
(15) In section 246(3)(a) delete “Heritage of Western Australia Act 1990; or” and insert:
*Heritage Act 2018*; or
(16) Delete section 249(2)(c) and insert:
(c) an order made under the Heritage Act 2018 Part 4 or Part 11 Division 4.
(17) Delete section 250(2).
187. Strata Titles Act 1985 amended
(1) This section amends the Strata Titles Act 1985.
(2) In section 25(7) delete “section 78 of the Heritage of Western Australia Act 1990.” and insert:
the Heritage Act 2018 Part 5 Division 2.
(3) In section 25(8) delete “land to which section 78 of the Heritage of Western Australia Act 1990 applies.” and insert:
included in a place of a kind referred to in the Heritage Act 2018 section 72(1).
188. Swan Valley Planning Act 1995 amended
(1) This section amends the Swan Valley Planning Act 1995.
(2) In section 3 in the definition of development paragraph (b) delete “Conservation Order made under section 59 of the Heritage of Western Australia Act 1990” and insert:
protection order made under the Heritage Act 2018 Part 4 Division 1
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Notes
This is a compilation of the Heritage Act 2018 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Heritage Act 2018
22 of 2018
18 Sep 2018
Pt. 1 (other than s. 3‑10): 18 Sep 2018 (see s. 2(a)); Act other than the heading to Pt. 1 and s. 1 and 2: 1 Jul 2019 (see s. 2(b) and Gazette 27 Jun 2019 p. 2375)
Swan Valley Planning Act 2020 Pt. 10 Div. 4
45 of 2020
9 Dec 2020
1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2)
Aboriginal Cultural Heritage Act 2021 s. 349
27 of 2021
22 Dec 2021
1 Jul 2023 (see s. 2(e) and SL 2023/40 cl. 2(b))
Directors’ Liability Reform Act 2023 Pt. 3 Div. 33
9 of 2023
4 Apr 2023
5 Apr 2023 (see s. 2(j))
Aboriginal Heritage Legislation Amendment and Repeal Act 2023 s. 29
23 of 2023
24 Oct 2023
15 Nov 2023 (see s. 2(d) and SL 2023/161 cl. 2)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
Petroleum Legislation Amendment Act 2024 s. 433(2)
17 of 2024
14 May 2024
To be proclaimed (see s. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
1990 Act 167
accused 137(1)
agent 145(1) and (3)
CEO 4
chairperson 4
commencement day 167
compensable loss 152
consent order 4, 55
conservation 4
continuing protection order 4, 57(1)
Council 4
Crown land 4
cultural heritage significance 4, 5(1)
decision-maker 71
Department 4
development 4
development approval 4
dispose of 108(1)
document 23(1)
employer 146(1) and (3)
former Council 167
former register 167
heritage agreement 4
heritage asset 106
information 23(1)
inspector 4
interim period 167
interim registered place 178(1)
investigation purposes 117
land description 4
liability 167
local heritage survey 102
local planning scheme 4
managed reserve 63
Mining CEO 98(1)
Minister for Lands 4
modification order 85
new Council 167
new register 167
occupier 4
owner 4, 6
place 4, 7(1)
planning instrument 85
prescribed 4
prescribed proposal 76(1)
previously registered place 178(1)
principal 145(1) and (3)
process 158(1)
prohibition order 134(1)
proposal 71
protection order 4
public authority 4
referred proposal 71
register 4
registered land 4
registered place 4
Registrar 97(1)
repair notice 63
repair order 4, 65(1)
right 167
specified 87(1), 133(1), 182(1)
staff 4
State agency 106
statutory notification 4
stop work order 4, 56(1)
subject land 89
successor in title 89
the guidelines 107(3)
transitional matter 182(1)
Tribunal 4
unallocated Crown land 63
unmanaged reserve 63
work prohibition 152
works 79(1)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.