Part 6Heritage agreements

Part 6—Heritage agreements 32—Heritage agreements (1) The Minister may, after seeking and considering the advice of the Council, enter into a heritage agreement with the owner of land constituting a State Heritage Place. (2) A heritage agreement attaches to the land and is binding on— (a) the current owner of the land, whether or not that owner was the person with whom the heritage agreement was made; and (b) to the extent specified in the agreement—the current occupier of the land (as may be the case from time to time). (3) Subject to Schedule 2, the Minister may, after seeking and considering the advice of the Council, by agreement with the owner of the land to which a heritage agreement applies, vary or terminate the heritage agreement. (4) An agreement varying or terminating a heritage agreement must be made in a manner and form determined by the Minister. (5) The Minister must take reasonable steps to ensure that the occupier of the land is consulted before a heritage agreement is entered into or varied so as to bind the occupier in the manner contemplated by subsection (2)(b). 33—Effect of heritage agreement (1) A heritage agreement may contain any provision to promote the conservation of State Heritage Places and public appreciation of their importance to South Australia's cultural heritage. (2) A heritage agreement may, for example— (a) restrict the use of land to which it applies; (b) require specified work or work of a specified kind to be carried out in accordance with specified standards on the land; (c) restrict the nature of work that may be carried out on the land; (d) provide for— (i) the management, occupation, use or future use of the land, or any place on or in the land; or (ii) the management of any specimens or artefacts on or in the land, in accordance with a particular management plan or in accordance with management plans to be agreed from time to time between the Minister and the owner; (e) provide for financial, technical or other professional advice or assistance to the owner with respect to the maintenance or conservation of the land or any place, specimens or artefacts on or in the land; (f) provide for remission of rates or taxes in respect of the land; (g) provide that specified regulations made under section 37 of the Development Act 1993 do not apply to the land. (3) A heritage agreement may not provide for the remission of rates payable to a local council unless the local council is a party to the agreement. 34—Registration of heritage agreements (2) When the Minister enters into a heritage agreement the Registrar-General must, on application by the Minister or another party to the agreement, note the agreement 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. (3) When the Minister enters into an agreement varying or terminating a heritage agreement, the Registrar-General must, on application by the Minister or another party to the agreement, enter an appropriate note 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. 35—Enforcement of heritage agreements (1) If— (a) a party to a heritage agreement fails to comply with it; or (b) there is reason to apprehend that a party to a heritage agreement may fail to comply with it, any other party to the agreement may apply to the Court for an order under this section. (2) On such an application, the Court may make such orders as are necessary to secure compliance with the agreement, or to remedy the default, and to deal with any related or incidental matters.