Part 4Registration of places

Part 4—Registration of places Division 1—Criteria for registration 16—Heritage significance (1) A place is of heritage significance if it satisfies one or more of the following criteria: (a) it demonstrates important aspects of the evolution or pattern of the State's history; or (b) it has rare, uncommon or endangered qualities that are of cultural significance; or (c) it may yield information that will contribute to an understanding of the State's history, including its natural history; or (d) it is an outstanding representative of a particular class of places of cultural significance; or (e) it demonstrates a high degree of creative, aesthetic or technical accomplishment or is an outstanding representative of particular construction techniques or design characteristics; or (f) it has strong cultural or spiritual associations for the community or a group within it; or (g) it has a special association with the life or work of a person or organisation or an event of historical importance. (2) An object is of heritage significance if— (a) it is an archaeological artefact, or any other form of artefact that satisfies 1 or more of the criteria set out in subsection (1); or (b) it is a geological, palaeontological or speleological specimen that satisfies 1 or more of the criteria set out in subsection (1); or (c) it is an object that is intrinsically related to the heritage significance of a State Heritage Place or a State Heritage Area. Division 2—Registration process 17—Proposal to make entry in Register and inclusion of related designations (1) The Council may, on its own initiative or on application by any person, consider whether a particular place within the State should be entered in the Register. (2) If the Council is of the opinion— (a) that a place is of heritage significance; or (b) that a place should be protected while an assessment of its heritage significance is carried out, it may provisionally enter the place in the Register. (2a) Provisional entry of a place in the Register takes effect— (a) if the decision to provisionally enter the place in the Register is made by resolution of the Council—from the making of the resolution; or (b) if the decision to provisionally enter the place in the Register is made by a person or body authorised to make the decision pursuant to a delegation under section 8—from the authorisation of the entry in writing by the person or body. (4) If a place is provisionally entered in the Register, the Council must— (a) give each owner of land constituting the place a written notice— (i) stating the reasons for provisional entry of the place and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance, stating the reasons for that designation; and (ii) explaining that the owner has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and (b) give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations— (i) that the Council has provisionally entered the place in the Register; and (ii) if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance—that the place has been so designated; and (iii) explaining that any person has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and (c) give written notice to the Minister of the entry (and any relevant designation); and (d) if the place is within the area of a local council—give written notice to the local council of the entry (and any relevant designation). (5) If the Council has, in relation to a place or area entered in the Register, also entered in the Register an object under section 14(2)(b), the Council must— (a) give the owner of the object a written notice— (i) stating the reasons for entering the object in the Register; and (ii) explaining that the owner has a right to make submissions, within 3 months from the date of the notice, in relation to the entry; and (b) give written notice to the Minister of the entry. (6) The entry of an object under section 14(2)(b)— (a) if the entry is in relation to a place, may occur on or after the provisional entry of the place in the Register (or after the confirmation of that entry); and (b) will, at first instance, be taken to be a provisional entry. (7) If the Council, in relation to a State Heritage Place entered in the Register as a confirmed entry, subsequently designates the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7), the Council must— (a) give each owner of the land constituting the place a written notice— (i) stating the reasons for the designation; and (ii) explaining that the owner has a right to make submissions, within 3 months from the date of the notice, in relation to the designation; and (b) give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations— (i) that the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance; and (ii) explaining that any person has a right to make written submissions, within 3 months of the date of the notice, in relation to the designation; and (c) give written notice to the Minister of the designation; and (d) if the place is within the area of a local council—give written notice to the local council of the designation. (8) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 18—Submissions etc in relation to provisional entries in Register and related designations (1) Subject to this section, if the Council gives notice that it has made a provisional entry in the Register, any person may, within 3 months after the notice is given, make written representations to the Council on— (a) whether the entry should be confirmed; and (b) if the provisional entry includes a designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7)—the designation. (1a) If the Minister is of the opinion that the period that applies under subsection (1) should be extended in the public interest, the Minister may, by notice in the Gazette, extend that period for a further period of up to 3 months. (2) If a person who makes written representations under this section seeks to appear personally before the Council to make oral representations, the Council must, unless the submission is frivolous, allow that person a reasonable opportunity to do so. (3) The Council must consider all written and oral representations made under this section. (4) If, after considering the representations (if any) made under this section, the Council is of the opinion that the entry in the Register should be confirmed, the Council may, subject to any direction of the Minister under this section, confirm the entry. (4a) If the provisional entry in the Register is confirmed, the Council may, after considering the representations (if any) made under this section in relation to the designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, subject to any direction of the Minister, determine whether to retain or revoke the designation. (5) Confirmation of an entry in the Register takes effect from the making of the resolution by the Council to confirm the entry. (6) If the Minister is of the opinion that— (a) the confirmation of a provisional entry in the Register; or (b) the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, may be contrary to the public interest the Minister may, by instrument in writing, direct the Council to defer making a decision on— (c) whether or not to confirm the entry; or (d) whether to retain or revoke the designation, until the Minister determines the matter (and the Council must comply with any direction of the Minister under this subsection). (7) If the Minister is of the opinion that the confirmation of a provisional entry in the Register would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the entry be removed from the Register. (7aa) If the Minister, not having directed under subsection (7) that the provisional entry of a place, being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance, be removed, is of the opinion that such designation of the place would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the designation be revoked. (7a) The Minister must, when acting under subsection (7) or (7aa), set out the grounds on which the Minister considers that the confirmation of the provisional entry, or the designation of the place, (as the case requires) would be contrary to the public interest. (7b) The Minister may act under subsection (6) or (7) at any time after the provisional entry has been made in the Register. (7c) If— (a) the Council, after considering the representations (if any) made under this section, is of the opinion that a provisional entry should not be confirmed; or (b) the Minister directs the removal of a provisional entry from the Register, the Council must remove the provisional entry (including any related designation) from the Register. (7ca) If the provisional entry of a place (being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance) has been confirmed under this section and— (a) the Council, after considering the representations (if any) made under this section in relation to the designation of the place, is of the opinion that the designation should be revoked; or (b) the Minister directs that the designation be revoked, the Council must remove the designation from the relevant entry in the Register. (7d) Notice of the confirmation or removal of a provisional entry, and if relevant, the retention or revocation of a designation in relation to the entry must be given— (a) by written notice to the owner of land constituting the relevant place and, if the entry relates to or includes an object under section 14(2)(b), to the owner of the object; and (b) by notice published on a website determined by the Minister or by such other means prescribed by the regulations; and (c) by written notice to the Minister; and (d) if the relevant place is within the area of a local council—by written notice to the local council. (8) Written notice to the owners of land constituting the place of a decision to confirm an entry of the place must explain to what extent (if any) development of the place is controlled under the Development Plan relating to the area in which the place is situated. (9) The Council must take all reasonable steps to make a decision about whether a provisional entry should or should not be confirmed, and whether any related designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be retained or revoked, within 12 months after the date on which the entry was made and if the Council fails to make a decision within that period or such longer period as is allowed by the Minister under this subsection in the particular case, the provisional entry must be removed from the Register. (10) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 18A—Submissions etc in relation to designation of confirmed State Heritage Places as being places of particular significance (1) Subject to this section, if, in relation to a State Heritage Place entered in the Register as a confirmed entry, the Council gives notice under section 17(7) that it has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, any person may, within 3 months after the notice is given, make written representations to the Council in relation to the designation. (2) If the Minister is of the opinion that the period that applies under subsection (1) should be extended in the public interest, the Minister may, by notice in the Gazette, extend that period for a further period of up to 3 months. (3) If a person who makes written representations under this section seeks to appear personally before the Council to make oral representations, the Council must, unless the submission is frivolous, allow that person a reasonable opportunity to do so. (4) The Council must consider all written and oral representations made under this section. (5) After considering the representations (if any) made under this section, the Council may, subject to any direction of the Minister under this section, retain or revoke the designation of a State Heritage Place as a place of geological, palaeontological or speleological significance or a place of archaeological significance. (6) If the Minister is of the opinion that the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance may be contrary to the public interest the Minister may, by instrument in writing, direct the Council to defer making a decision on whether to retain or revoke the designation, until the Minister determines the matter (and the Council must comply with any direction of the Minister under this subsection). (7) If the Minister is of the opinion that the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the designation be revoked. (8) The Minister must, when acting under subsection (7), set out the grounds on which the Minister considers that such a designation of the place would be contrary to the public interest. (9) If— (a) the Council, after considering the representations (if any) made under this section, is of the opinion that a designation should be revoked; or (b) the Minister directs that a designation be revoked, the Council must remove the designation from the relevant entry in the Register. (10) Notice of the retention or revocation of a designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance must be given— (a) by written notice to the owner of land constituting the relevant place; and (b) on a website determined by the Minister or by such other means prescribed by the regulations; and (c) by written notice to the Minister; and (d) if the relevant place is within the area of a local council—by written notice to the local council. (11) The Council must take all reasonable steps to make a decision about whether a designation should be retained or revoked within 12 months after the date on which the designation was made and if the Council fails to make a decision within that period or such longer period as is allowed by the Minister under this subsection in the particular case, the designation must be revoked. (12) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 19—Registration in Lands Titles Registration Office Where a provisional entry in the Register is made, the Registrar-General must, on application by the Council, note the entry against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. 20—Appeals (1) If an owner of land constituting a place provisionally entered in the Register makes written representations to the Council with respect to that entry, the owner may, subject to this section, appeal to the Court against a decision to confirm or not to confirm the provisional entry. (1aa) If an owner of land constituting a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance in the Register makes written representations to the Council with respect to that designation, the owner may, subject to this section, appeal to the Court against a decision to retain or revoke the designation. (1a) If an owner of an object provisionally entered in the Register makes written representations to the Council with respect to that entry, the owner may, subject to this section, appeal to the Court against a decision to confirm or not to confirm the provisional entry. (1b) No appeal lies under this section against— (a) the removal of a provisional entry at the direction of the Minister under this Division; or (b) the revocation of a designation at the direction of the Minister under this Division. (2) The appeal must be commenced within two months after notice is given of the decision under appeal or such longer period as the Court may allow. (3) On an appeal under this section, the Court may— (a) confirm, vary or reverse a decision under appeal; and (b) remit the matter to the Council for further consideration or for reconsideration; and (c) make consequential or ancillary orders. 21—Correction of errors (1) The Council may correct any inaccuracies or errors in an entry in the Register that come to its attention. (2) If the Council takes action under subsection (1), the Council must give written notice of the correction to any person who, in the opinion of the Council, has a direct interest in the matter. (3) Subsection (2) does not apply if the Council determines that the correction is only of minor significance.