HERITAGE ACT 1977 - As at 30 October 2023 - Act 136 of 1977
- As at 30 October 2023
- Act 136 of 1977
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Objects
- 4 Definitions
- 4A Heritage significance
- 5 Act binds Crown
6. (Repealed)
PART 3C - PROTECTION OF HISTORIC SHIPWRECKS
Division 1 - Preliminary
Division 2 - Historic shipwrecks protection
- 48 Declaration of historic shipwrecks
- 49 Register of Shipwrecks
- 50 Heritage Council advice on historic shipwrecks protection orders
Division 3 - General
- 51 Movement, damage or destruction of historic shipwrecks
- 52 Part not to apply to certain waters
53-55B. (Repealed)
Division 1 - Preliminary
Division 2 - Controlled activities
Division 3 - Applications for approval
Subdivision 1 - Applications generally
- 58 Application of Subdivision
- 59 Making of application
- 60 Form of application
- 61 Public notice of certain applications
- 62 Process for determination of application
- 63 Determination of application
- 63A Deferred commencement approvals
- 63B Partial and conditional approvals
- 64 Notice of determination
- 65 Effect of failure to make determination
- 65A Modification of approvals
Subdivision 2 - Prescribed applications
- 66 Application of Subdivision
- 67 Order of giving of approvals
- 68 Consistency of approvals
- 69 Liability of consent authorities
Subdivision 1 - Appeals in respect of applications other than prescribed applications
Division 5 - Stop work orders
PART 5 - (Repealed)
None
Division 1 - Preliminary
Division 2 - Finance
- 103 Heritage Conservation Fund
- 104 Payments into the Fund
- 105 Payments out of the Fund
- 105A Heritage Incentive Fund
- 106 Making of loans and grants by the corporation
- 107 Rates of interest on loans, and rental etc on leases by corporation
- 108 Execution of guarantees
109-111. (Repealed)
Division 3 - Acquisition and disposal of property
- 112 Acquisition of land
113. (Repealed)
- 114 Acquisition of personal property by corporation
- 115 Power of corporation to accept gifts etc
- 116 Disposal of lands, gifts etc
Division 4 - (Repealed)
None
Division 5 - Maintenance and repair
- 118 Minimum standards of maintenance and repair
- 119 Offence of not maintaining and repairing in accordance with minimum standards
- 120 Orders to remedy failure to maintain or repair
- 120A Notice to be given of proposed order
- 120B Making of representations
- 120C Procedure after consideration of representations
- 120D Reasons for orders to be given
- 120E Period for compliance with order
- 120F Notice of right to appeal against order
- 120G Giving and taking effect of orders
- 120H Order binds successors in title
- 120I Occupier of land may be required to permit owner to carry out work
- 120J Modification and revocation of orders
- 120K Failure to comply with order--carrying out of work by Heritage Council
- 120L Appeals concerning orders
- 120M Certificate as to orders
- 120N Chairperson to have Heritage Council functions
- 121 Failure to comply with order
- 122 Failure to comply with order under section 121 (1) (b) or (c)
Division 6 - Rating and taxing
- 123 Definitions
- 124 Request to make heritage valuations
- 125 Making of heritage valuations with other valuations
- 126 Application of valuing laws to heritage valuations
- 127 Payment of rates and taxes
- 128 Calculation of land tax
Division 7 - Curtailment or modification of laws affecting the environmental heritage
- 129 Making of orders to curtail or modify other laws
129A-135. (Repealed)
Division 9 - Protection of certain relics
- 138 Definitions
- 139 Excavation permit required in certain circumstances
- 140 Application for permit
- 141 Determination of application
- 142 Appeals arising from applications for permits
- 143 Minister's decision
- 144 Variation or revocation of permit
- 145 Appeals arising from variation or revocation of permits
- 146 Notification of discovery of relic
- 146A Disposition of certain relics
- 146B Minister may direct that relic be given to museum or other conservation body
- 146C Forfeiture of certain relics
PART 7 - IMPLEMENTATION AND ENFORCEMENT
Division 1 - General
- 147 Value of land compulsorily acquired
- 148 Entry and inspection
- 149 Obstruction of authorised person
- 150 Notices
- 151 Evidence
Division 2 - Orders of the Court
Division 3 - Offences
- 156 Offences against this Act and the regulations
- 157 Penalties
- 158 Proceedings for offences
- 158A Time within which proceedings for offences to be brought
- 159 Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 160 Notices to show cause why certain restrictions on development etc should not be imposed
- 161 Orders restricting development etc
- 162 Notice of order under sec 161 (1)
- 163 Revocation of order under sec 161 (1)
- 164 Failure to comply with order under sec 161 (1)
PART 8 - MISCELLANEOUS