Heritage Regulation 2006

The Regulation organises several core governance concepts for the Heritage Council: meeting regime, convening authority, notice and agenda particulars, presiding rules, quorum and voting, conduct and methods of meetings, out-of-meeting resolutions, record-keeping and public access to decisions, and conflicts of interest. Each concept is anchored to specific provisions and linked to definitions in the Dictionary.

Meeting regime: s 5 requires the council to meet “when and where it decides” but imposes minimum frequency requirements , at least once every three months and six times a year (s 5(1)-(2)). The convenor (chairperson or deputy) may call meetings at any time and must call a meeting if required by the Minister or by at least four members (s 5(3)). Notice and agenda particulars are prescribed: for non-urgent meetings written notice with particulars must be given at least five working days before the meeting; for urgent meetings notice is “as soon as practicable” (s 5(4)-(5)).

Presiding and voting: the chairperson presides when present (s 6(1)); deputy chair presides if the chair is absent (s 6(2)); otherwise voting members present elect a presiding voting member by majority (s 6(3)). Voting rules allocate one vote per voting member and resolve ties by giving the presiding voting member a casting vote (s 8(1)-(2)). The Regulation expressly flags that under the Heritage Act certain office-holders are not eligible to vote (note to s 8 refers to Act, s 19(2)), and the Dictionary defines “voting member” to exclude the conservator of flora or fauna, the chief planner, and any member who by s 10 is not entitled to be present (Dictionary).

Quorum and presence: business may only be carried on if at least five voting members are able to take part (s 7). The Regulation treats participation by telecommunications or internet links as presence “for all purposes” (s 9(2)-(3)), and allows a resolution to be valid even if not passed at a meeting provided that at least five voting members have considered the proposal and a majority of those pass it (s 9(4)). Members may record agreement or disagreement in writing or by electronic communication (s 9(5)).

Conflict of interest: s 10 sets out a duty to disclose material interests “as soon as practicable after the relevant facts come to the member’s knowledge” (s 10(1)). The disclosure must be recorded in the minutes and, unless the council otherwise decides, the member must not be present or take part in the decision (s 10(2)). The definitions of “associate”, “executive officer”, “indirect interest” and “material interest” in s 10(4) specify concrete relationships and circumstances giving rise to an indirect or material interest. The Regulation’s Dictionary also clarifies that a member with a material interest who is prevented from being present for a particular issue is not a “voting member” for that issue (Dictionary).

Records and public access: the council must keep minutes and prepare notices of its decisions, and those notices are open for inspection during ordinary office hours at the place named under the Heritage Act s 21(4) where the heritage register may be inspected (s 9(7)-(8)). The Regulation therefore links internal record-keeping to public accessibility of council decisions.

Legal embedding: the Regulation refers repeatedly to the Heritage Act 2004 and the Legislation Act 2001 for definitions and the legal status of explanatory notes (s 3 and s 4; Dictionary note), so the Regulation functions as a procedural supplement to the principal Act rather than an independent source of substantive powers.

Primary operational subjects are the members of the Heritage Council, defined throughout as “member”, “chairperson”, “deputy chairperson” and “voting member” (Dictionary; ss 5-10). The Regulation affects who may vote and who counts for quorum (s 7; s 8; Dictionary), and therefore directly affects the decision-making capacity and participation rights of council appointees.

Specific office-holders are treated as non-voting by operation of the Heritage Act and the Dictionary: the conservator of flora or fauna and the chief planner are excluded from voting (Dictionary; note to s 8 citing Act, s 19(2)). The Regulation also affects any member who has a material interest in an issue: such a member must disclose the interest and, unless the council decides otherwise, must not be present or take part in decisions (s 10(1)-(2)); the Dictionary confirms that such a member is not a “voting member” for that issue. The concept of “indirect interest” in s 10(4) expands the circle of persons whose relationships can affect a member’s participation: associates, family members, close friends, small corporations in which the member or associate is a member, subsidiaries, corporations where the member or associate is an executive officer, trusteeships where the member or associate is a beneficiary, partners in firms, and persons carrying on businesses where the member or associate has profit participation (s 10(4)(a)-(g)).

External parties affected include applicants for heritage listing, owners of places on the heritage register, and other stakeholders subject to council decisions. The Regulation affects them indirectly by shaping how and when the council may convene, decide and publish decisions. For example, the requirement to meet at least six times a year (s 5(2)) creates a minimum cadence for the council’s decision cycle, while the requirement to publish notices of council decisions and to make them available at the same place as the heritage register (s 9(7)-(8)) affects transparency and the public’s ability to discover decisions.

The Minister for whom the Act provides retains an operational lever: the convenor must call a meeting if requested by the Minister (s 5(3)(b)). That makes the Minister an external actor who can trigger council proceedings. Members who are office-holders under the Heritage Act, such as the conservator or chief planner, and any executive officers of corporations who may be identified under s 10(4)(d), are also implicated in the participation and disqualification rules.

Administrative staff and the custodian of the heritage register are affected by record-keeping and access duties: the council must keep minutes and produce notices of decisions (s 9(7)), and the place named under the Act s 21(4) must make those notices available for inspection (s 9(8)). This creates a practical requirement for the agency to maintain a publicly accessible location for inspection of decisions.

Finally, because the Dictionary ties terms to definitions in the Heritage Act 2004 and the Legislation Act 2001 (Dictionary note; s 3), entities and persons whose legal status or roles are defined in those Acts are indirectly affected by how the Regulation operationalises those terms.

This Regulation imposes specific duties on council officials and members, and confers rights necessary for council operation.

Duties

• Convening and attendance duties: The chairperson or deputy chairperson (the convenor) may call meetings at any time and must call a meeting if directed by the Minister or requested by at least four members (s 5(3)). The convenor must provide written notice of particulars for non-urgent meetings at least five working days before the meeting or, for urgent meetings, “as soon as practicable” (s 5(4)). Particulars required include date, time, place or method of attendance, and the agenda (s 5(5)).

• Meeting frequency duty: The council must meet at least once every three months and at least six times a year (s 5(2)).

• Presiding duty: The chairperson presides when present; if absent the deputy chairperson presides; if both are absent a majority of voting members present choose a presiding voting member (s 6(1)-(3)).

• Quorum duty: Business may only be conducted where at least five voting members are able to take part (s 7).

• Record keeping and public access: The council must keep minutes of meetings and prepare a notice of its decisions; these notices must be available for inspection during ordinary office hours at the place named under the Heritage Act s 21(4) where the heritage register can be inspected (s 9(7)-(8)).

• Disclosure and recusal duty: A member with a material interest must disclose the nature of the interest as soon as practicable after becoming aware (s 10(1)). The disclosure must be recorded in the minutes and, unless the council otherwise decides, the member must not be present for consideration or decision on the issue (s 10(2)).

Rights and operational entitlements

• Right to convene meeting: The chairperson and deputy chairperson have authority to convene meetings at will (s 5(3)(a)).

• Right to vote: Each voting member has a vote on each question (s 8(1)). The definition of “voting member” in the Dictionary specifies who has voting rights and who is excluded.

• Right to presiding casting vote: The presiding voting member has a casting vote in the event of an equality of votes (s 8(2); s 9(6)).

• Right to participate remotely: Members may participate by telephone, satellite, internet or other communications methods; a member who takes part in this way is taken to be present for all purposes (s 9(2)-(3)).

• Right to decide procedures: The council may conduct its proceedings as it considers appropriate (s 9(1)), which is a procedural discretion subject to the Regulation’s minimum requirements.

• Right to out-of-meeting resolution: Voting members may consider and decide proposals without a meeting so long as at least five voting members consider the proposal and a majority of those pass it (s 9(4)-(5)). Voting members may register their agreement or disagreement in writing or by electronic means (s 9(5)).

Constraints and limitations

• Non-voting status for certain office-holders: The Regulation, by reference to the Heritage Act, excludes the conservator of flora or fauna and the chief planner from voting (s 8 note; Dictionary).

• Exclusion in conflict situations: Members with material interests are ordinarily excluded from presence and participation and thus lose voting rights for that issue unless the council otherwise decides (s 10(2); Dictionary).

• Minimum numeric thresholds: Quorum and out-of-meeting decision-making require at least five voting members (s 7; s 9(4)); because the pool of voting members excludes certain office-holders and those recused, there is a practical threshold on how many individuals must be eligible and available.

Legal status of notes and definitions

• Notes are explanatory and not part of the Regulation (s 4). Definitions in the Dictionary are part of the Regulation and apply throughout unless another provision provides otherwise or a contrary intention appears (s 3; Dictionary note). The Dictionary also directs that terms used have the same meaning as in the Heritage Act 2004 (Dictionary note).

Penalties

• The republished law records the value of a penalty unit applying to offences under this law at the republication date (prefatory material): $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). The Regulation itself does not list specific offences, but that preface provides the penalty unit context that would apply to any offence created by the Heritage Act or subordinate instruments.

The Regulation is primarily procedural and contains no standalone enforcement regime or novel substantive offences within its text. However, the republication preface records the penalty unit values relevant to offences against this law as at the republication date: a penalty unit is valued at $160 for an individual and $810 for a corporation (prefatory material; Legislation Act 2001, s 133 is cited). That establishes the currency for quantifying any penalty expressed in penalty units under the Heritage Act or subordinate instruments. The Regulation itself does not create specific criminal or civil penalties for failures such as not keeping minutes, failing to give notice, or failing to disclose interests; it prescribes duties without attaching sanctions within the instrument.

Enforcement mechanisms in practice would therefore depend on provisions in the Heritage Act 2004 or other applicable statutes that create offences or remedies for non-compliance with council procedural requirements. The Regulation repeatedly cross-references the Heritage Act 2004 and the Legislation Act 2001 for definitions and legal effect of notes (s 3; s 4; Dictionary note), indicating that enforcement and sanctioning powers, if any, are vested in the primary Act rather than in the Regulation.

Administrative enforcement: The Regulation imposes duties on the council that can be enforced administratively by the responsible agency or Minister. Examples include the duty to convene meetings if requested by the Minister (s 5(3)(b)), to keep minutes and prepare notice of decisions (s 9(7)), and to make these notices available at the place named under the Heritage Act s 21(4) (s 9(8)). Administrative consequences of non-compliance might include ministerial direction, requirement to rectify record-keeping, or oversight measures permitted by the Heritage Act, but the Regulation itself does not specify a scope of administrative penalties.

Civil liability and judicial review: Breaches of statutory procedural requirements can give rise to civil remedies or administrative law challenges where the Heritage Act or other legislation provides for such relief. The Regulation’s prescription of minimum procedures, quorum thresholds (s 7), and disclosure obligations (s 10) may be material to legal challenges about the validity of council decisions (for example, whether a decision was made without proper quorum or with participation by a conflicted member). The Regulation itself contains no procedural mechanism for internal review of decisions, nor does it specify timeframes for external challenges.

Practical enforcement points drawn from the text

• Currency of fines: If any penalty is expressed in penalty units, use the values stated in the republication preface for calculations as at the republication date ($160 individual; $810 corporate) unless or until they are superseded by later amendment (prefatory material).

• Record evidence for defence or challenge: The mandatory record-keeping duties (minutes and notices of decisions, s 9(7)) create documentary material that can be used to demonstrate compliance with meeting, notice and disclosure obligations or to contest procedural irregularities.

• Disclosure and exclusion: The Regulation makes disclosure mandatory and records such disclosures in minutes (s 10(1)-(2)). Failure to disclose a material interest could be material in any subsequent challenge to the council’s decision-making process, although whether it attracts a statutory penalty depends on the Heritage Act and other applicable laws.

Because the Regulation sets process and thresholds but does not define enforcement remedies, parties seeking to enforce or contest compliance will need to refer to the Heritage Act 2004 and other applicable statutory regimes to identify sanctions, remedies or judicial review pathways.

The Regulation is a subordinate instrument made under the Heritage Act 2004 and explicitly relies on the Heritage Act and the Legislation Act 2001 for definitions, legal effect of notes, and the place where notices and the heritage register are inspected (s 3; s 4; Dictionary note; s 9(8) referencing Act s 21(4)). The Regulation operates as a procedural complement to the Heritage Act 2004; it does not displace substantive provisions in the principal Act but prescribes how the Heritage Council must operate administratively.

Key points of interaction evident from the text

• Definitions and roles: The Dictionary states that terms used in the Regulation have the same meaning as in the Heritage Act 2004 (Dictionary note). That means the legal status of roles such as “council”, the powers of the council and statutory office-holders, and references to the place for inspection of the heritage register are governed by the Heritage Act and are imported into the Regulation.

• Non-voting office-holders by reference: The Regulation’s note to s 8 explicitly cites the Heritage Act s 19(2) to explain that the conservator of flora and fauna and the chief planner are not eligible to vote on council questions. The Regulation therefore assumes the substantive role and status of these office-holders is set in the primary Act.

• Access and inspection: The requirement to make notices of council decisions available for inspection is tied to the place named under s 21(4) of the Heritage Act where the heritage register may be inspected (s 9(8)). Practically, that links the Regulation’s record-access obligations to the statutory mechanism and location specified in the Heritage Act.

• Legislation Act consequences: The Regulation incorporates drafting and interpretative conventions from the Legislation Act 2001: for example, notes are not part of the law (s 4; Legislation Act, s 127), and the Dictionary rules about definitions have force under the Legislation Act (s 3; Legislation Act, ss 155-156). The Regulation’s republication also includes editorial amendments made under the Legislation Act, part 11.3 (prefatory material).

• Amendment and consequential changes: The Regulation’s endnotes record that it was amended by SL2014-24 in 2014 and by the Planning (Consequential Amendments) Act 2023 A2023-36 (endnotes 3-4). Those interactions indicate the Regulation’s provisions may be adjusted where other statutory schemes , for example, planning legislation , change. Practitioners should check the Heritage Act and any amending instruments for consequential modifications.

Absence of interaction with criminal sanctions within the Regulation: The Regulation itself does not create criminal or civil penalties; therefore enforcement or penal consequences must be found in the Heritage Act or other applicable statutes. The republication preface gives penalty unit values that would be used to quantify penalties if the principal Act or other subordinate instruments create offences (prefatory material).

Operational interplay affecting governance and compliance

• Quorum and membership consequences: The Regulation’s definition of “voting member” in the Dictionary (which excludes certain statutory office-holders and members disqualified under s 10) interacts with the Heritage Act’s composition of the council and any statutory appointments. That affects whether the statutory composition as set out in the Heritage Act will be sufficient to satisfy the Regulation’s quorum and decision-making thresholds.

• Ministerial trigger: The convenor’s duty to call a meeting upon request by the Minister (s 5(3)(b)) makes the Minister an actor whose statutory authority in the Heritage Act may be exercised to influence council meeting timing. The Regulation does not define the scope of the Minister’s request power; its effect depends on the Minister’s statutory powers in the Heritage Act.

• Records and public access regime: The Regulation’s requirement to make notices of decisions available at the place named under the Heritage Act s 21(4) ties into the principal Act’s public register and any public access rules that act prescribes, including privacy or confidentiality regimes in other laws that might limit publication.

In sum, the Regulation is integrally connected to the Heritage Act 2004 and to interpretative rules in the Legislation Act 2001. It sets minimum procedural standards that must be read in the context of the principal Act’s substantive provisions and any consequential amendments recorded in the endnotes.

The republication and endnotes record the Regulation’s creation and subsequent amendments, showing a limited amendment trajectory focused on procedural refinement.

Initial making and commencement

• Heritage Regulation 2006 SL2006-45: notified on the legislation register 11 September 2006. Sections 1 and 2 commenced 11 September 2006 and the remainder of the Regulation commenced 12 September 2006 (endnote 3).

Amendments recorded in endnotes

• Heritage Amendment Regulation 2014 (No 1) SL2014-24: notified on 2 October 2014. Sections 1 and 2 commenced 2 October 2014; the remainder commenced 4 October 2014 (endnote 3). The 2014 instrument amended multiple sections: ss 5, 6, 7, 8, 9, and made changes to the Dictionary (endnote 4 lists which sections were amended or substituted). Specifically, the amendment history notes that s 5 (Calling council meetings), s 6 (Presiding member), s 7 (Quorum), s 8 (Voting), and s 9 (Conduct of council meetings) were amended by SL2014-24 (endnote 4). The Dictionary saw insertion of the “voting member” definition and the omission of “appointed member” (endnote 4).

• Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.34: notified LR 29 September 2023; ss 1 and 2 commenced 29 September 2023; sch 1 pt 1.34 commenced 27 November 2023 (endnote 3). The 2023 instrument made further amendments to s 8 (A2023-36 amdt 1.180) and to the Dictionary (A2023-36 amdt 1.181-1.182) as recorded in the amendment history (endnote 4). The endnotes indicate these were consequential amendments tied to planning law changes (title identifies Planning (Consequential Amendments) Act 2023).

Editorial republications and Legislation Act amendments

• The republication notes the Parliamentary Counsel’s Office has made editorial amendments under the Legislation Act 2001 part 11.3 to bring the law into line with drafting practice and that such editorial amendments are included in the republication (prefatory material). The amendment history explicitly records that s 2 was omitted by the Legislation Act s 89(4) and that certain subsections were renumbered in the republication (endnote 4).

Earlier republications

• Two earlier republications are recorded: R1 effective 12 Sept 2006 and R2 effective 4 Oct 2014 (endnote 5). The republication table shows the Regulation was reissued in 2014 to incorporate the SL2014-24 amendments and republished again effective 27 Nov 2023 (top of the document).

What the amendment record shows about the Regulation’s evolution

• The Regulation has been revised in response to broader planning law changes (2023) and earlier procedural adjustments (2014). The 2014 amendments appear to have reworked procedural rules including meeting calling, chairing, quorum, voting and the Dictionary entries that define who may vote. The 2023 amendments were consequential to planning legislation and targeted s 8 and the Dictionary, suggesting adjustments to voting definitions and related mechanics to align with reforms in planning statutes.

• Editorial amendments under the Legislation Act have been used to update drafting, and the republication explicitly includes those editorial changes.

Practical note for practitioners

• Any compliance or advisory work should use the consolidated text as at the latest republication date (27 November 2023) but also verify whether further amending instruments have taken effect since that date, particularly in planning and heritage policy spaces, as the Regulation has previously been altered by consequential amendments tied to other regulatory frameworks (endnotes 3-4).

The republished Regulation and its endnotes do not record any litigation history or judicial decisions interpreting the Heritage Regulation 2006. The endnotes supply legislative and amendment history and earlier republication details (endnotes 3-5), but there is no annotated case law or list of judicial review matters included in the republished instrument.

Implications and practical considerations

• Absence of reported litigation in the republication does not mean the Regulation has never been the subject of legal challenge; it simply means that this republished law does not annotate or summarise any cases. Where procedural irregularities arise , for example, disputes about quorum (s 7), participation of conflicted members (s 10), admissibility of out-of-meeting resolutions (s 9(4)), or public access to notices (s 9(8)) , parties may seek remedies in administrative law or challenge decisions under the Heritage Act or general judicial review principles. Any such challenges would be reported and indexed separately in legal databases or court records, not in the Regulation text.

• Practitioners advising clients on potential litigation should examine the Heritage Act 2004 for statutory rights of review, internal review mechanisms, or appeal rights, and consider general administrative law avenues such as judicial review for procedural unfairness, jurisdictional error, or failure to observe statutory requirements. The Regulation’s mandatory procedural requirements (quorum, disclosure, minutes) may be central factual points in any challenge alleging procedural invalidity of council decisions.

• Where a decision’s validity depends on whether mandatory procedures were followed , for example, whether a member with a material interest was excluded as required by s 10 , the Regulation’s record-keeping obligation to keep minutes and prepare notices of decisions (s 9(7)) will often be decisive evidence in litigation or review.

Because the republished instrument contains no case annotations, lawyers and researchers should perform independent searches in court and tribunal databases for any decisions addressing the Regulation or the council’s procedures, and cross-check those cases against the current consolidated text and amendment history.

The Regulation contains several specific provisions and definitional choices that can produce operational pitfalls if overlooked. These are concrete mechanisms in the text that can produce inadvertent non-compliance, decision invalidity, or logistical difficulty.

Quorum vs. voting-member pool (s 7; Dictionary)

• Quorum requires at least five voting members able to take part (s 7). The Dictionary narrows the pool of “voting members” by excluding the conservator of flora or fauna and the chief planner, and by excluding any member who under s 10 is not entitled to be present for a particular issue. Consequently, if the council’s statutory composition under the Heritage Act includes multiple non-voting office-holders or if several members must recuse due to material interests, achieving the quorum of five may be difficult. The practical consequence is that meetings could be unable to transact business for specific issues unless the council uses the out-of-meeting resolution procedure (s 9(4)), which itself requires at least five voting members to consider the proposal.

Disclosure timing and effects (s 10(1)-(3))

• A member must disclose a material interest “as soon as practicable after the relevant facts come to the member’s knowledge” (s 10(1)). The disclosure must be recorded, and absent the council deciding otherwise, the member must not be present or take part in decisions (s 10(2)). Practitioners should note that late disclosure can complicate decisions already made and that the default rule is exclusion unless the council makes an explicit decision to otherwise. The Regulation also requires any other member who also has a material interest to be excluded from the council’s internal decision whether to exclude (s 10(3)), potentially creating layers of recusal in determining recusal.

Broad definition of indirect interest (s 10(4))

• The Regulation lists a wide range of relationships that qualify as indirect interests: associates (which include business partners, close friends and family), membership in small corporations, executive officer roles, trusteeship, partnership membership, and profit-participation in businesses (s 10(4)(a)-(g)). That breadth means that a member may be disqualified not only by their own pecuniary interest but by interests of associates or related corporate entities. The operational risk is that the council must assess many relational facts to determine eligibility for participation.

Remote participation counted as presence (s 9(2)-(3))

• The Regulation makes participants who attend by phone, satellite, internet or other communications methods “taken, for all purposes, to be present at the meeting” (s 9(2)-(3)). This is beneficial for attendance but depends on the reliability of the technology; the Regulation does not prescribe minimum technical standards or contingency rules for loss of connection. That autonomy is useful but may create disputes about whether a member could hear or “otherwise know” what others say, and hence whether they genuinely participated.

Out-of-meeting resolutions require the same numeric minimum (s 9(4))

• The ability to pass a resolution without a formal meeting exists, but it requires at least five voting members to consider the proposal (s 9(4)). If the pool of voting members is reduced by exclusions under s 10 or by statutory non-voting office-holders, out-of-meeting resolutions may be unavailable as a fallback.

Notice requirements but no specified sanction (s 5(4))

• The convenor must give written notice with particulars at least five working days before non-urgent meetings; for urgent meetings the standard is “as soon as practicable” (s 5(4)). The Regulation prescribes the content of particulars (s 5(5)). However, the Regulation contains no specified sanction for failure to provide notice; the risk is legal uncertainty about the consequences of defective notice. The practical mitigation is robust record-keeping and a conservative approach to notice where possible.

Presiding and casting vote mechanics (s 6; s 8(2); s 9(6))

• The presiding rules ensure continuity (chair, deputy, then a chosen voting member), and the presiding voting member has the casting vote if votes are equal (s 6; s 8(2); s 9(6)). If the presiding person is not a “voting member” (for example, an office-holder excluded by the Dictionary) there could be confusion; however the Regulation ensures the casting vote is vested in “the voting member presiding”.

Record access linkage to the heritage register inspection place (s 9(7)-(8); Dictionary; Act s 21(4))

• Notices of decisions must be available for inspection during ordinary office hours at the place named under the Heritage Act s 21(4) where the heritage register may be inspected (s 9(8)). If the agency fails to maintain the nominated place or the register, public access obligations may not be met. Additionally, any confidentiality obligations in other laws might affect what can be placed on public notice; the Regulation does not address confidentiality exceptions.

Minister’s meeting-request power (s 5(3)(b))

• The convenor must call a meeting if requested by the Minister. That delegates a discrete operational influence to the Minister without prescribing limits on the circumstances or timeframes in which the Minister may make the request.

Definition interplay and interpretative traps (s 3; Dictionary)

• The Dictionary directs that terms have the meanings in the Heritage Act 2004 as well as those given in the Regulation (s 3; Dictionary note). Practitioners must read the Regulation with the Heritage Act definitions to understand membership composition and roles, which can produce interpretative complexity.

Practitioner checklist arising from gotchas

• Map council composition against the “voting member” definition before scheduling business likely to attract conflicts.
• Maintain clear records of notices given, methods of remote attendance, and minutes documenting disclosures and any decisions to permit participation despite a disclosed interest.
• Test the availability of five voting members before relying on out-of-meeting procedures.
• Document any Ministerial meeting requests and the convenor’s response.
• Maintain an accessible public place for inspection consistent with the Heritage Act s 21(4).

This section recommends concrete compliance steps grounded directly in the Regulation’s text to ensure lawful operation of the Heritage Council.

Governance and scheduling

• Adopt a meeting calendar ensuring at least six meetings a year and no more than three months elapse between meetings (s 5(2)). Record the calendar in council procedures and public documents so stakeholders know the meeting cadence.

• Specify convenor responsibilities in operating procedures: the chairperson or deputy chairperson may call meetings at any time and must call a meeting if requested by the Minister or at least four members (s 5(3)). Include a mechanism for members to make formal written meeting requests and a record-keeping process to track ministerial requests.

Notice and agenda practices

• For non-urgent meetings provide written notice containing the particulars required by s 5(5) at least five working days before the meeting: date and time; location for in-person attendance or the method for remote participation; and the agenda (s 5(4)-(5)). Document the method of delivery for the notice and retain proof of service.

• For urgent meetings, adopt a protocol for immediate electronic notification and follow-up written confirmation “as soon as practicable” (s 5(4)(b)). Record the justification for treating a meeting as urgent in the minutes to evidence compliance.

Quorum and attendance management

• Maintain an up-to-date register of members and their eligibility as “voting members” per the Dictionary to know at any time how many voting members are available (Dictionary; s 7). Use the register to test if the quorum of five voting members can be satisfied for planned business.

• Encourage remote participation by investing in reliable communications methods (telephone, internet link, video conferencing) and document technical procedures for establishing connection and verifying each participant can hear and be heard, since the Regulation counts remote participation as presence for all purposes (s 9(2)-(3)).

Presiding arrangements and casting vote

• Provide a standing protocol for chairing: chairperson presides if present, deputy presides if the chairperson is absent, and if both absent the voting members present elect a presiding voting member by majority (s 6(1)-(3)). Ensure minutes record who presided and any casting vote exercised (s 8(2); s 9(6)).

Record-keeping and public access

• Keep comprehensive minutes for every meeting and ensure minutes include disclosures, recusal decisions, the text of resolutions, votes recorded, and presiding member actions (s 9(7)). Maintain a separate notice of council decisions as required (s 9(7)).

• Ensure the place named under the Heritage Act s 21(4) where the heritage register is inspectable is maintained and that the notice of council decisions is available there during ordinary office hours (s 9(8)). If the physical place is replaced or access methods change (for example to online inspection), ensure the change aligns with the Heritage Act and is documented.

Disclosure and conflict management

• Implement a pre-meeting disclosure checklist requiring members to assess material and indirect interests before each agenda item. Require members to make oral disclosures at the meeting “as soon as practicable after the relevant facts come to the member’s knowledge” and ensure the disclosure is recorded in the minutes (s 10(1)-(2)).

• Train members on the definitions in s 10(4): associate (including business partner, close friend, family member), executive officer, and examples of indirect interest (s 10(4)(a)-(g)). Create written guidance and examples to facilitate consistent assessments.

• Apply the default exclusion rule: absent an express council decision otherwise, the member making a disclosure must not be present when the council considers the issue or take part in its decision (s 10(2)). Ensure minutes record whether the council decided to permit participation despite a disclosed interest.

• Where multiple members have material interests in a matter, ensure that those members do not participate in the council’s internal decision on exclusion (s 10(3)). This may require temporarily stepping members out of the room or using written procedures to record the council’s internal determination.

Out-of-meeting resolutions and written votes

• For routine or time-sensitive matters, use the out-of-meeting resolution procedure carefully: ensure at least five voting members consider the proposal and that a majority of those pass it (s 9(4)). Capture each voting member’s agreement or disagreement in writing or electronic communication (s 9(5)). Maintain a written trail showing who considered the proposal and how they voted.

• When using electronic voting, ensure the method captures identity, timestamp, and the member’s express vote to meet the statutory requirement that members “consider” the proposal and register agreement or disagreement (s 9(4)-(5)).

Document controls and audit trail

• Retain all notices given, minutes, electronic voting records and any evidence of technical issues for a standard retention period aligned with agency records management policies and the legislative context. Given the Regulation’s obligations to keep minutes and make notices available, robust records are evidentiary safeguards.

• Where the council decides to depart from default exclusion rules under s 10(2), document the council’s rationale in the minutes to provide evidence of an informed and authorised departure.

Public and stakeholder communication

• Publish the agreed meeting schedule and clear instructions for public inspection of notices at the place named under the Heritage Act s 21(4) so stakeholders can track decisions (s 5(2); s 9(8)).

• Consider a separate public register or web page summarising council decisions and linking to formal notices. The Regulation requires notice availability at the statutory place; it does not prevent additional disclosure channels.

Legal compliance and review

• Integrate the Regulation’s rules with the Heritage Act’s requirements and any agency policies. Because the Dictionary draws definitions from the Heritage Act and the Legislation Act (s 3; Dictionary note), legal compliance checks should cross-reference those Acts.

• Periodically review the council’s procedures after amendments to the Regulation or the Heritage Act to confirm alignment. The Regulation’s amendment history shows prior changes in 2014 and consequential adjustments in 2023; future legislative changes could require procedural updates.

Operational contingency planning

• Plan for contingencies where quorum cannot be achieved (for example, schedule alternative dates, use out-of-meeting procedures if eligible). Ensure the council does not transact business when fewer than five voting members are able to take part (s 7).

• For urgent business that cannot await the five-working-day notice, adopt a documented urgent-meeting protocol that records the reason for urgency and the steps taken to notify members “as soon as practicable” (s 5(4)(b)).

By turning the Regulation’s prescriptions into concrete procedures, checklists and documentation practices, agencies and council members can reduce risk of procedural invalidity, ensure transparent decision-making, and provide a defensible record for stakeholders and courts.