Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Heritage Places Act 1993. 2—Objects of Act The objects of the Act are: (a) to recognise the importance of South Australia's heritage places and related objects in understanding the course of the State's history, including its natural history; and (b) to provide for the identification and documentation of places and related objects of State heritage significance; and (c) to provide for and promote the conservation of places and related objects of State heritage significance; and (d) to promote an understanding and appreciation of the State's heritage; and (e) to encourage the sustainable use and adaptation of heritage places in a manner consistent with high standards of conservation practice, the retention of their heritage significance, and relevant development policies. 3—Interpretation (1) In this Act, unless the contrary intention appears— archaeological artefact means any matter forming part of an archaeological deposit, or any artefact, remains or material evidence associated with an archaeological deposit, that relates to the non-Aboriginal settlement of South Australia, or to an activity undertaken by a person as part of the exploration of South Australia, but does not include the remains of a ship or an article associated with a ship; associate—see subsection (3); Council means the South Australian Heritage Council established under Part 2; Court means the Environment, Resources and Development Court; Development Plan means a Development Plan under the Development Act 1993; dispose of includes sell, part with possession or conceal; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; Fund means the South Australian Heritage Fund; heritage significance—see section 16; land includes land covered with water; local council means a council constituted under the Local Government Act 1999; local heritage place means a place designated by a Development Plan as being a place of local heritage value; mining tenement means— (a) a mineral claim, a lease or a licence under the Mining Act 1971; or (ab) a precious stones tenement under the Opal Mining Act 1995; or (b) a licence under the Petroleum Act 2000; (c) a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982; or (d) a licence under the Offshore Minerals Act 2000; object means a natural or manufactured object and includes— (a) an archaeological artefact; or (b) a geological, palaeontological or speleological specimen, but does not include an Aboriginal object within the meaning of the Aboriginal Heritage Act 1988; owner of land means— (a) if the land is unalienated from the Crown—the Crown; (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; (c) if the land is held from the Crown by lease or licence—the lessee or licensee; (d) if the land is held from the Crown under an agreement to purchase—the person who has the right of purchase, and if the land is subject to a mining tenement a reference to the owner of the land extends to the holder of the tenement; place means— (a) any site or area, with or without improvements; (b) any land; (c) any building, structure or other work, whether temporary or permanent or moveable or immovable (including an item or thing that is permanently fixed or moored); (d) any other location, item or thing that constitutes a place within the State, and includes— (e) any fixtures or fittings; (f) any land where a place is situated; (g) any subsurface area; (h) any part of a place; protection order means an order issued under section 39A; Register means the South Australian Heritage Register; Registrar-General includes the Registrar-General of Deeds; repair order—see section 39B; restoration order—see section 39C; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; specimen includes sample; spouse—a person is the spouse of another if they are legally married; State Heritage Area means an area established as a State Heritage Area by a Development Plan; State Heritage Place means— (a) a place entered, either as a provisional or confirmed entry, in the Register under Part 4; or (b) a place within an area established as a State Heritage Area; or (c) a place taken to be entered in the Register under Schedule 1 (as enacted on the commencement of this Act); structure includes a fence, wall or ruin. (2) For the purposes of this Act, a place of geological, palaeontological, speleological or archaeological significance is a place so designated by the South Australian Heritage Council under section 14(7). (3) For the purposes of this Act, a person is an associate of another if— (a) they are partners; or (b) 1 is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (d) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (g) a chain of relationships can be traced between them under any 1 or more of the above paragraphs. (4) For the purposes of subsection (3), a beneficiary of a trust includes an object of a discretionary trust.