HERITAGE ACT 2011
HERITAGE ACT 2011
TABLE OF PROVISIONS
Long Title
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Object of Act
PART 1.2--INTERPRETATION
Division 1--Defined terms
4. Definitions
Division 2--Important concepts
5. Meaning of place
6. Meaning of archaeological place and Aboriginal or Macassan archaeological place
7. Meaning of object
8. Meaning of archaeological object and Aboriginal or Macassan archaeological object
9. Meaning of relic
10. Meaning of heritage significance
11. Meaning of heritage assessment criteria
12. Meaning of conservation and interpretation of places and objects
Division 3--Criminal responsibility
13. Application of Criminal Code
PART 1.3--APPLICATION OF ACT
14. Act binds Crown
15. Sacred sites
16. Native title rights and interests
CHAPTER 2--DECLARATION OF HERITAGE PLACES AND OBJECTS
PART 2.1--DECLARATION OF ABORIGINAL AND MACASSAN HERITAGE PLACES AND OBJECTS
17. Aboriginal or Macassan archaeological heritage places
18. Aboriginal or Macassan archaeological heritage objects
PART 2.2--DECLARATION OF OTHER HERITAGE PLACES AND OBJECTS
Division 1--Preliminary matter
19. Purpose of Part
Division 2--Nomination and Council initiation process for assessment of heritage significance
20. Nomination of place or object for assessment
21. Council to accept or refuse to accept nomination
22. Council may initiate assessment of heritage significance
Division 3--Assessment of heritage significance of places and objects
23. Assessment period
24. Assessment of place or object to be made
25. Deciding assessment
26. Public consultation on heritage significance of place or object
27. Council's decision
Division 4--Decision not to recommend declaration of place or object to be heritage place
28. Application of Division
29. Notice of Council's decision
Division 5--Decision to recommend declaration of place or object to be heritage place
30. Application of Division
31. Recommendation to be given to Minister
32. Minister's decision on recommendation
33. Minister may ask for further relevant information or variation of recommendation for heritage place or object
34. Permanent declaration of heritage place or object
35. Minister's decision not to declare heritage place or object
Division 6--Provisional declaration of place or object to be heritage place or object
36. Provisional declaration – Minister's initiative
37. Provisional declaration – after Division 3 assessment
38. Provisional declaration may authorise work or removal
39. Duration of provisional declaration
Division 7--General matters
40. Notice of declaration of heritage place or object
41. No further assessment of place or object for 5 years
PART 2.3--PROTECTED CLASSES OF PLACES AND OBJECTS OF HERITAGE SIGNIFICANCE
Division 1--Preliminary matter
42. Purpose of Part
Division 2--Assessment and declaration process for protected classes of places and objects
Subdivision 1--Council assessment process
43. Council may initiate assessment of heritage significance
44. How assessment made
45. Public consultation on heritage significance of places or objects
46. Council's decision
47. Recommendation for declaration
Subdivision 2--Minister's decision on recommendation for declaration
48. When Minister to make decision on recommendation
49. Minister may ask for further relevant information or variation of recommendation
50. Declaration of protected class of places or objects
51. Notice of declaration
52. Effect of declaration
53. Minister's decision not to declare protected class of places or objects
PART 2.4--REVOCATION OF DECLARATION OF HERITAGE PLACES AND OBJECTS
Division 1--Preliminary matters
54. Application of Part
55. Definition
Division 2--Assessment for revocation of declaration of heritage places and objects
56. Request for assessment
57. Council may initiate assessment
58. Council to notify Minister of assessment
59. Public consultation on assessment
60. How assessment made
61. Council's decision
Division 3--Minister's decision on Council recommendation
62. Minister's decision
63. Minister may ask for further relevant information or variation of recommendation
64. Revocation of declaration of heritage place or object
Division 4--Notice of decisions
65. Notice of revocation of declaration of heritage place or object
66. Notice of decision not to revoke declaration of heritage place or object
CHAPTER 3--CONSERVATION OF HERITAGE PLACES AND OBJECTS
PART 3.1--HERITAGE AGREEMENTS
67. Definition
68. Agreement for conservation of heritage place or object
69. Provisions of heritage agreement
70. Effect of heritage agreement
71. Heritage agreement for more than one heritage place or object
PART 3.2--WORK APPROVALS
72. Application for approval
73. Referral of application to Minister or Council
74. When decision on application to be made
75. Consideration of application
76. Conditions may be imposed on work approval
77. Notice of decision
PART 3.3--EXEMPT WORK
78. Regulation may exempt work
PART 3.4--STOP WORK ORDERS
79. Application of Part
80. Issuing order
81. Application to Tribunal
82. Revocation of order
83. Duration of order
84. Offence to contravene order
PART 3.5--REPAIR ORDERS
85. Application of Part
86. Issuing order
87. Offence to contravene order
88. Territory may carry out work if owner contravenes order
PART 3.6--REMOVAL OF HERITAGE OBJECTS FROM TERRITORY
89. CEO may give approval for removal
CHAPTER 4--REVIEWS AND APPEALS
PART 4.1--TRIBUNAL REVIEWS
90. Reviewable decisions and affected persons
91. Application to Tribunal for review
PART 4.2--APPEALS TO SUPREME COURT
93. Appealable decisions and affected persons
94. Information notice
95. Appeal on question of law
96. Starting appeal
97. Appeal procedure
98. Decision on appeal
CHAPTER 5--ENFORCEMENT
PART 5.1--PRELIMINARY MATTERS
99. Definitions
100. When thing is connected with offence
PART 5.2--POWERS OF HERITAGE OFFICERS TO ENTER PLACES
101. Entry of place – general
102. Consent to entry
103. Entry of place – search warrant
104. Additional powers for entry of aircraft, vehicle or vessel
PART 5.3--POWERS OF HERITAGE OFFICERS ON ENTRY OF PLACES
105. Powers on entry of place
106. Seizure of things
107. Retention of things seized
108. Heritage officer may use help and force in exercising powers
PART 5.4--OTHER POWERS OF HERITAGE OFFICERS
109. Power to require name and address
110. Power to require information from certain persons
PART 5.5--HERITAGE OFFENCES
111. Causing damage to heritage place or object
112. Removal of part of heritage place
113. Removal of heritage objects from Territory
114. Discovery of archaeological places and objects
115. Alternative verdicts
PART 5.6--OTHER OFFENCES
116. Misleading information or document
117. Obstruction of person acting in official capacity
118. Falsely representing to be heritage officer
PART 5.7--CRIMINAL LIABILITY FOR OFFENCES
119. Definitions
120. Conduct of representative
121. Criminal liability of executive officer of body corporate
PART 5.8--EVIDENTIARY MATTERS
122. Judicial notice
123. Evidentiary certificate
CHAPTER 6--ADMINISTRATIVE MATTERS
PART 6.1--HERITAGE COUNCIL
Division 1--Establishment, functions and powers
124. Establishment
125. Functions
126. Powers
127. Delegation
Division 2--Provisions about membership
128. Membership of Council
129. Nominations for appointment of member
130. Duration of appointment
131. Conditions of appointment
132. Chairperson and deputy chairperson
133. When appointed member ceases to hold office
Division 3--Conduct of business
134. Holding meetings
135. Presiding member at meetings
136. Procedures at meetings
137. Disclosure of interest
Division 4--Miscellaneous matters
138. Annual report
139. Register of heritage places and objects
140. Public access to register
PART 6.2--HERITAGE OFFICERS
141. Who is heritage officer
142. Identity cards
143. Production of identity card
144. Return of identity card
CHAPTER 7--MISCELLANEOUS MATTERS
145. Approved forms
146. Delegations by Minister and CEO
147. Acquisition on just terms
148. Protection from liability
149. Regulations
CHAPTER 8--REPEAL OF ACTS AND TRANSITIONAL MATTERS
PART 8.1--REPEAL OF ACTS
150. Repeals
PART 8.2--TRANSITIONAL MATTERS
Division 1--Heritage Act 2011
151. Definitions
152. Register
153. Heritage places and objects
154. Pending assessments for declaration of heritage places and objects
155. Pending assessments for revocation of declaration of heritage places and objects
156. Interim conservation orders
157. Conservation management plans
158. Heritage agreements
159. Applications for approval for works etc. on heritage places and objects
160. Authorisations for works etc. on heritage places and objects
161. Directions to repair or maintain heritage places and objects
Division 2--Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
163. Definitions
164. Review of Council's or Minister's decision made before commencement
165. Council's or Minister's decision made after commencement
166. Applications before former Tribunal
SCHEDULE 1
SCHEDULE 2
ENDNOTES
