Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Heritage Regulation 2006
SL2006-45
made under the
Heritage Act 2004
Republication No 3
Effective: 27 November 2023
Republication date: 27 November 2023
Last amendment made by A2023-36
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Heritage Regulation 2006, made under the Heritage Act 2004
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 27 November 2023. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 27 November 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Heritage Regulation 2006
made under the
Heritage Act 2004
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Calling council meetings 2
6 Presiding member at council meetings 3
7 Quorum of council meetings 3
8 Voting at council meetings 4
9 Conduct of council meetings etc 4
10 Disclosure of interests by council members 5
Contents
Page
contents 2 Heritage Regulation 2006
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Dictionary 8
Endnotes
1 About the endnotes 9
2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 10
5 Earlier republications 11
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Australian Capital Territory
Heritage Regulation 2006
made under the
Heritage Act 2004
Section 1
page 2 Heritage Regulation 2006
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1 Name of regulation
This regulation is the Heritage Regulation 2006.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Calling council meetings
(1) Meetings of the council are to be held when and where it decides.
(2) However, the council must meet at least—
(a) once every 3 months; and
(b) 6 times a year.
(3) The chairperson or deputy chairperson (the convenor)—
(a) may at any time call a meeting of the council; and
(b) must call a meeting of the council if asked by the Minister or at
least 4 members.
Section 6
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(4) The convenor must give the other members written notice of
particulars of the meeting—
(a) if the meeting is not urgent—at least 5 working days before the
day of the meeting; or
(b) if the meeting is urgent—as soon as practicable before the
meeting.
(5) In subsection (4):
particulars of the meeting includes the following:
(a) the date and time of the meeting;
(b) details about—
(i) if members are required to attend the meeting in person—
where the meeting will be held; or
(ii) if members are not required to attend the meeting in
person—the way in which members may take part in the
meeting;
(c) an agenda for the meeting.
6 Presiding member at council meetings
(1) The chairperson presides at all meetings of the council at which the
chairperson is present.
(2) If the chairperson is absent, the deputy chairperson presides.
(3) If the chairperson and the deputy chairperson are absent, the voting
member chosen by a majority of voting members present presides.
7 Quorum of council meetings
Business may be carried on at a meeting of the council only if at least
5 voting members are able to take part in the meeting.
Section 8
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8 Voting at council meetings
(1) At a meeting of the council each voting member has a vote on each
question to be decided.
Note The Act, s 19 (2) provides that the conservator of flora and fauna and the
chief planner are not eligible to vote on questions being decided by the
council.
(2) A question is to be decided by a majority of the votes of the voting
members present and voting but, if the votes are equal, the voting
member presiding has a casting vote.
9 Conduct of council meetings etc
(1) The council may conduct its proceedings (including its meetings) as
it considers appropriate.
(2) A meeting may be held using a method of communication, or a
combination of methods of communication, that allows a member
taking part to hear or otherwise know what each other member taking
part says without the members being in each other’s presence.
Examples
a phone link, a satellite link, an Internet or intranet link
(3) A member who takes part in a meeting conducted under
subsection (2) is taken, for all purposes, to be present at the meeting.
(4) A resolution is a valid resolution of the council, even if it is not passed
at a meeting of the council, if—
(a) at least 5 voting members consider a proposal for the resolution;
and
(b) the resolution is passed by a majority of the voting members
who considered the proposal.
Section 10
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(5) A voting member who considers the proposal may agree or disagree
with the proposal in writing or by electronic communication.
Example—electronic communication
telephone or email
(6) If the votes in a decision about the proposal are equal, the voting
member presiding has a casting vote.
(7) The council must—
(a) keep minutes of its meetings; and
(b) prepare a notice of its decisions at meetings.
(8) A person may inspect the notice of council decisions during ordinary
office hours at the place named under the Act, section 21 (4) where
the heritage register may be inspected.
10 Disclosure of interests by council members
(1) If a member has a material interest in an issue being considered, or
about to be considered, by the council, the member must disclose the
nature of the interest at a council meeting as soon as practicable after
the relevant facts come to the member’s knowledge.
Note Material interest is defined in s (4). The definition of indirect interest in
s (4) applies to the definition of material interest.
(2) The disclosure must be recorded in the council’s minutes and, unless
the council otherwise decides, the member must not—
(a) be present when the council considers the issue; or
(b) take part in a decision of the council on the issue.
(3) Any other member who also has a material interest in the issue must
not be present when the council is considering its decision under
subsection (2).
Section 10
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(4) In this section:
associate, of a person, means—
(a) the person’s business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
indirect interest—without limiting the kinds of indirect interests a
person may have, a person has an indirect interest in an issue if any
of the following has an interest in the issue:
(a) an associate of the person;
(b) a corporation, if the corporation has not more than 100 members
and the person, or an associate of the person, is a member of the
corporation;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation, if the person, or an associate of the person, is an
executive officer of the corporation;
(e) the trustee of a trust, if the person, or an associate of the person,
is a beneficiary of the trust;
(f) a member of a firm or partnership, if the person, or an associate
of the person, is a member of the firm or partnership;
(g) someone else carrying on a business, if the person, or an
associate of the person, has a direct or indirect right to
participate in the profits of the business.
Section 10
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material interest—a member has a material interest in an issue if the
member has—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could
conflict with the proper exercise of the member’s functions in
relation to the council’s consideration of the issue.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions relevant to this regulation. For
example:
• chief planner.
Note 2 Terms used in this regulation have the same meaning that they have in
the Heritage Act 2004 (see Legislation Act, s 148). For example, the
following term is defined in the Heritage Act 2004, dict:
• council.
chairperson means the chairperson of the council.
deputy chairperson means the deputy chairperson of the council.
member means a member of the council.
voting member means a member other than—
(a) the conservator of flora or fauna; or
(b) the chief planner; or
(c) for a particular issue to be considered or decided by the council
at a council meeting—a member who, under section 10
(Disclosure of interests by council members), is not entitled to
be present at council’s consideration of, or decision on, the
issue.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Heritage Regulation 2006 SL2006-45
notified LR 11 September 2006
s 1, s 2 commenced 11 September 2006 (LA s 75 (1))
remainder commenced 12 September 2006 (s 2)
as amended by
Heritage Amendment Regulation 2014 (No 1) SL2014-24
notified LR 2 October 2014
s 1, s 2 commenced 2 October 2014 (LA s 75 (1))
remainder commenced 4 October 2014 (s 2 (1))
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.34
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.34 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Calling council meetings
s 5 am SL2014-24 s 4, s 5
Presiding member at council meetings
s 6 am SL2014-24 s 6
Quorum of council meetings
s 7 sub SL2014-24 s 7
Voting at council meetings
s 8 am SL2014-24 s 8; A2023-36 amdt 1.180
Conduct of council meetings etc
s 9 am SL2014-24 s 9, s 10; ss renum R2 LA
Dictionary
dict am A2023-36 amdt 1.181
def appointed member om SL2014-24 s 11
def voting member ins SL2014-24 s 12
am A2023-36 amdt 1.182