HERITAGE REGULATION 2005 (REPEALED) - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 3. Dictionary 4. Notes PART 2--NOTIFIED ABORIGINAL PLACES 5. Registration of notified Aboriginal places-- 6. Conservation requirements for notified Aboriginal places on old interim heritage 7. Restricted information on old interim heritage places register PART 3--DECLARED ABORIGINAL PLACES 7A. Aboriginal places to which pt 3 applies 7B. Minister's declaration about heritage significance of relevant Aboriginal 7C. Notice of declaration of heritage significance 7D. Registration of declared Aboriginal places-- 7E. Declaration of restricted information for relevant Aboriginal place 7F. Notice of declaration of restricted information 7G. Reviewable decisions 7H. Notice of reviewable decisions 8. Expiry DICTIONARY ENDNOTES HERITAGE REGULATION 2005 (REPEALED) - REG 1 Name of regulation This regulation is the Heritage Regulation 2005. HERITAGE REGULATION 2005 (REPEALED) - REG 3 Dictionary The dictionary at the end of this regulation is part of this regulation.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, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition 'relevant Aboriginal place--see section 7A.' means that the term 'relevant Aboriginal place' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) 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)). HERITAGE REGULATION 2005 (REPEALED) - REG 4 Notes A note included in this regulation is explanatory and is not part of this regulation.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. HERITAGE REGULATION 2005 (REPEALED) - REG 5 Registration of notified Aboriginal places-- Act, s 134 (1) (1) Each notified aboriginal place is taken to be registered under the Act, division 6.2. (2) The details entered in the old interim heritage places register for each notified Aboriginal place are taken to be the registration details for the place. (3) Subsection (2) does not apply to any requirement stated in an old interim heritage places register for the conservation of the heritage significance of the place. (4) To remove any doubt, the council may amend the heritage register to reflect the operation of this section. HERITAGE REGULATION 2005 (REPEALED) - REG 6 Conservation requirements for notified Aboriginal places on old interim heritage places register (1) In this section: "conservation requirement", for a notified Aboriginal place, means a requirement stated in the old interim heritage places register for the conservation of the heritage significance of the place, including any requirement for the conservation of features identified as intrinsic to that heritage significance. (2) A conservation requirement for a notified Aboriginal place is taken to be a heritage guideline applying to the place. HERITAGE REGULATION 2005 (REPEALED) - REG 7 Restricted information on old interim heritage places register Restricted information on the old interim heritage places register for a notified Aboriginal place is restricted information under this Act. HERITAGE REGULATION 2005 (REPEALED) - REG 7A Aboriginal places to which pt 3 applies This part applies to an Aboriginal place (a relevant Aboriginal place) if, under the Land Act, section 69 (Aboriginal heritage discoveries--Ministerial directions and declarations) or section 73 (Orders--Ministerial directions and declarations), the Minister-- (a) had received a report from the heritage council about the heritage significance of the place; and (b) had not done either of the following: (i) directed the heritage council to notify an interim heritage places register for the place; (ii) declared that the place was not to be registered. HERITAGE REGULATION 2005 (REPEALED) - REG 7B Minister's declaration about heritage significance of relevant Aboriginal place (1) The Minister must declare whether each relevant Aboriginal place has heritage significance. (2) If the Minister declares that a relevant Aboriginal place has heritage significance, the declaration must include-- (a) details of the place (the registration details); and (b) requirements for the conservation of the place (the conservation requirements). (3) For making a declaration about a relevant Aboriginal place for which the Minister had received a report under the Land Act, section 69, the Minister must take account of-- (a) the heritage council's report under the Land Act, section 68 in relation to the place; and (b) the views of the people consulted under the Land Act, section 69 in relation to the place. (4) For making a declaration about a relevant Aboriginal place for which the Minister had received a report under the Land Act, section 73, the Minister must take account of-- (a) the heritage council's report under the Land Act, section 72 in relation to the place; and (b) the views of the people consulted under the Land Act, section 73 in relation to the place. HERITAGE REGULATION 2005 (REPEALED) - REG 7C Notice of declaration of heritage significance (1) A declaration under section 7B in relation to a relevant Aboriginal place-- (a) is a notifiable instrument; and (b) must be notified under the Legislation Act within 3 working days after the day the declaration is made; and (c) must be published in a daily newspaper as soon as practicable. Note A notifiable instrument must be notified under the Legislation Act. (2) The Minister must give a copy of the declaration to each person consulted under the Land Act, section 69 or section 73 in relation to the relevant Aboriginal place. HERITAGE REGULATION 2005 (REPEALED) - REG 7D Registration of declared Aboriginal places-- Act, s 134 (1) (1) A relevant Aboriginal place declared under section 7B to have heritage significance is taken to be registered under the Act, division 6.2. (2) The registration details mentioned in section 7B (2) (a) for the place are taken to be the registration details for the place. (3) The conservation requirements mentioned in section 7B (2) (b) for the place are taken to be heritage guidelines applying to the place. (4) To remove any doubt, the council may amend the heritage register to reflect the operation of this section. HERITAGE REGULATION 2005 (REPEALED) - REG 7E Declaration of restricted information for relevant Aboriginal place (1) The Minister may, in writing, declare particular information about the location or nature of a relevant Aboriginal place to be restricted information. (2) The Minister may make the declaration only if satisfied, on reasonable grounds, that public disclosure of the information would be likely to have a substantial adverse effect on the heritage significance of the relevant Aboriginal place. (3) For this section, the Minister must consider the views of each person consulted under the Land Act, section 82 (Restricted information) in relation to the relevant Aboriginal place. HERITAGE REGULATION 2005 (REPEALED) - REG 7F Notice of declaration of restricted information The Minister must give a copy of a declaration under section 7E to each person consulted under the Land Act, section 82 in relation to the relevant Aboriginal place. HERITAGE REGULATION 2005 (REPEALED) - REG 7G Reviewable decisions The following are reviewable decisions: (a) a declaration under section 7B that an Aboriginal place has heritage significance; (b) a declaration under section 7B that an Aboriginal place does not have heritage significance; (c) a declaration under section 7E that information is to be restricted information. HERITAGE REGULATION 2005 (REPEALED) - REG 7H Notice of reviewable decisions (1) This section applies to a notice under section 7C or section 7F. (2) The notice must comply with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1). (3) In particular, the notice must tell the person-- (a) that a person whose interests are affected by the decision may apply to the administrative appeals tribunal for review of the decision, and how the application must be made; and (b) about the options available under other territory laws to have the decision reviewed by a court or the ombudsman. HERITAGE REGULATION 2005 (REPEALED) - REG 8 Expiry This regulation expires on the day the Act, part 19 expires. HERITAGE REGULATION 2005 (REPEALED) - NOTES Dictionary Dictionary (see s 3) Note The Legislation Act contains definitions and other provisions relevant to this regulation. "Land Act" means the Land (Planning and Environment) Act 1991. "notified Aboriginal place" means each place notified under the Land Act, section 60 (Public notification) by notifiable instrument NI2002-19. "old interim heritage places register", for a notified Aboriginal place, means the interim heritage places register prepared under the Land Act in relation to the place. "relevant Aboriginal place"--see section 7A. HERITAGE REGULATION 2005 (REPEALED) - NOTES Endnotes 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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. 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 am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Heritage Regulation 2005 SL2005-5 notified LR 8 March 2005 s 1, s 2 commenced 8 March 2005 (LA s 75 (1)) remainder commenced 9 March 2005 (s 2 and see Heritage Act 2004 A2004-57, s 2) Note This regulation exp the day the Act, pt 19 expired. The prescribed date was 9 March 2006 (see s 8 and Heritage Act 2004 A2004-57 s 136). as amended by Heritage Amendment Regulation 2005 (No 1) SL2005-20 notified LR 1 September 2005 s 1, s 2 commenced 1 September 2005 (LA s 75 (1)) remainder commenced 2 September 2005 (s 2) 4 Amendment history Preliminarypt 1 hdg ins SL2005-20 s 4 Commencements 2 om LA s 89 (4) Dictionarys 3 sub SL2005-20 s 5 Notified Aboriginal placespt 2 hdg ins SL2005-20 s 6 Declared Aboriginal placespt 3 hdg ins SL2005-20 s 7 Aboriginal places to which pt 3 appliess 7A ins SL2005-20 s 7 Minister's declaration about heritage significance of relevant Aboriginal places 7B ins SL2005-20 s 7 Notice of declaration of heritage significances 7C ins SL2005-20 s 7 Registration of declared Aboriginal places--Act, s 134 (1)s 7D ins SL2005-20 s 7 Declaration of restricted information for relevant Aboriginal places 7E ins SL2005-20 s 7 Notice of declaration of restricted informations 7F ins SL2005-20 s 7 Reviewable decisionss 7G ins SL2005-20 s 7 Notice of reviewable decisionss 7H ins SL2005-20 s 7 Dictionarydict def Land Act ins SL2005-20 s 8 def notified Aboriginal place am SL2005-20 s 9 def old interim heritage places register am SL2005-20 s 9 def relevant Aboriginal place ins SL2005-20 s 8 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R19 Mar 2005 9 Mar 2005-1 Sept 2005 not amended new regulation R22 Sept 2005 2 Sept 2005-9 Mar 2006 SL2005-20 amendments by SL2005-20 (c) Australian Capital Territory 2006 HERITAGE REGULATION 2005 (REPEALED) - NOTES Australian Capital Territory SL2005-5 Republication No 3 Effective: 10 March 2006 Republication date: 10 March 2006 Regulation expired 9 March 2006 (see s 8 and endnote 3)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Heritage Regulation 2005 (repealed), made under the Heritage Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 March 2006. 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): o authorised republications to which the Legislation Act 2001 applies o 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 does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. 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 Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Heritage Regulation 2005 (repealed) Endnotes Australian Capital Territory Heritage Regulation 2005 (repealed)