HERITAGE ACT 2004
HERITAGE ACT 2004
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
3. Objects of Act
3A. Exercise of functions under Act
3B. Registration of urban tree
4. Dictionary
5. Notes
6. Offences against Act—application of Criminal Code etc
7. Application of Act to Emergencies Act 2004
PART 2--IMPORTANT CONCEPTS
8. Meaning of object and place
9. Meaning of Aboriginal object and Aboriginal place
10. Meaning of heritage significance
10A. Meaning of natural heritage significance
10B. Meaning of cultural heritage significance
11. Meaning of registered
12. Meaning of registration details
13. Meaning of interested person
14. Meaning of representative Aboriginal organisation
PART 3--HERITAGE COUNCIL
16. Establishment of heritage council
17. Members of council
18. Functions of council
19. Procedures of council
19A. Council must consult scientific committee on matters affecting natural heritage
PART 4--HERITAGE REGISTER
20. Establishment of heritage register
21. Public access to heritage register
22. Restricted information on heritage register
23. Judicial notice of matters on heritage register
24. Heritage register corrections and changes
24A. Effect of further registration decision about registered place or
PART 5--HERITAGE GUIDELINES
25. Guidelines about conserving heritage significance
26. Public consultation about heritage guidelines
26A. Period for making heritage guidelines
26B. Report to Minister about public consultation on heritage
26C. Minister may require further consideration by council on heritage
26D. Heritage guidelines revocation
26E. Notification about heritage guidelines
27. Application of heritage guidelines
PART 6--REGISTRATION OF PLACES AND OBJECTS
Division 6.1--Provisional registration
28. Application for provisional registration of place or object—nomination
29. Decision about nomination application
30. Request for urgent provisional registration
31. Council must consult representative Aboriginal organisation
31A. Consultation with scientific committee about provisional registration
32. Decision about provisional registration
33. Provisional registration of place or object
34. Notice of decision about provisional registration
35. Period of provisional registration
36. End of period of provisional registration without decision
Division 6.2--Registration
37. Public consultation about registration of place or object
38. Report to Minister about public consultation
39. Minister may require council to further consider issues related to
40. Decision about registration
Division 6.3--Registration of place or object protected under Nature Conservation Act 2014
42A. Registration of place or object under this Act limited if place or object already protected
PART 7--CANCELLATION OF REGISTRATION
43. Cancellation proposal
44. Notice of cancellation proposal
45. Consultation with representative Aboriginal organisation about cancellation
45A. Consultation with scientific committee about cancellation proposal
46. Public consultation about cancellation proposal
47. Report to Minister about public consultation
48. Minister may require council to further consider issues related to
49. Decision about cancellation proposal
50. Partial cancellation of registration of place or object
PART 8--MANAGEMENT OF ABORIGINAL PLACES AND ABORIGINAL OBJECTS
51. Reporting discovery of Aboriginal place or object
52. Exceptions to reporting obligation
53. Assessing heritage significance of reported Aboriginal places and
53A. Repository for Territory-owned Aboriginal objects
53B. Declaration of repository
53C. Ownership of Aboriginal objects on territory land
PART 9--RESTRICTED INFORMATION
54. Declaration of restricted information
55. Restricted information not to be published without approval
56. Approval to publish restricted information
57. Limited access to restricted information
PART 10--LAND DEVELOPMENT APPLICATIONS
58. Meaning of development—pt 10
59. Simplified outline
60. Advice about effect of development on heritage significance
61. Requirements for council's advice about development
PART 10A--TREE DAMAGING ACTIVITY ETC
61A. Definitions—pt 10A
61B. Advice about effect of tree damaging activity or tree management
61C. Requirements for advice about tree damaging activity or tree management
61D. Effect of advice about tree damaging activity or tree management
PART 10B--PERMISSIONS AND APPROVALS
61E. Application to excavate
61F. Permit to excavate
61G. Application for approval of statement of heritage effect
61H. Approval of statement of heritage effect
61I. Council may direct application for approval of statement of heritage
61J. Application for approval of conservation management plan
61K. Approval of conservation management plan
PART 11--HERITAGE DIRECTIONS
62. Heritage direction by council
63. Service of heritage direction
64. Extension of heritage direction
65. Contravention of heritage direction—offence
66. Contravention of heritage direction—action by authorised person
67. Order to enforce exercise of functions
PART 11A--REPAIR DAMAGE DIRECTIONS
67A. Repair damage direction by council
67B. Extension of repair damage direction
67C. Offence—fail to comply with repair damage direction
67D. Repair of damage by Territory
PART 12--CIVIL PROTECTION OF HERITAGE
68. Application for heritage order
69. Heritage order
70. Interim heritage order
71. Costs
72. Security for costs etc
73. Respondent's loss etc in relation to heritage order proceedings
PART 13--HERITAGE OFFENCES
74. Diminishing heritage significance of place or object
75. Damaging Aboriginal place or object
76. Exceptions to part 13 offences
PART 14--ENFORCEMENT
Division 14.1--General
77. Definitions for pt 14
Division 14.2--Authorised people
78. Appointment of authorised people
79. Identity cards
Division 14.3--Powers of authorised people
80. Power to enter premises
81. Production of identity card
82. Consent to entry
83. General powers on entry to premises
84. Power to seize things
85. Power to require name and address
Division 14.4--Search warrants
86. Warrants generally
87. Warrants—application made other than in person
88. Search warrants—announcement before entry
89. Details of search warrant to be given to occupier etc
90. Occupier entitled to be present during search etc
Division 14.5--Return and forfeiture of things seized
91. Receipt for things seized
92. Moving things to another place for examination or processing under search
93. Access to things seized
94. Return of things seized
Division 14.6--Miscellaneous
95. Information discovery order
96. Contravention of information discovery order
97. Damage etc to be minimised
98. Compensation for exercise of enforcement powers
PART 15--HERITAGE AGREEMENTS
99. Heritage agreement with Minister
100. Provisions of heritage agreement
101. Amending or ending heritage agreement
102. Period of heritage agreement
103. Binding nature of heritage agreement
104. Enforcement order
105. Financial and other assistance
PART 16--HERITAGE AND PUBLIC AUTHORITIES
106. Meaning of public authority for pt 16
107. Public authority heritage places and heritage
108. Heritage reports
109. Assessment of heritage reports by council
109A. Public reporting
110. Conservation management plan
PART 17--NOTIFICATION AND REVIEW OF DECISIONS
111. Meaning of reviewable decision
112. Meaning of decision-maker—pt 17
113. Reviewable decision notices
114. Applications for review
114A. Stay of decision under review
PART 18--MISCELLANEOUS
116. Criminal liability of executive officers
117. Service of documents on council
118. Legal immunity for council members etc
118A. Council may ask for information from commissioner for revenue in certain
118B. Council may ask for information about leases from commissioner for
119. Approved forms
120. Determination of fees
121. Delegation
122. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES
