HERITAGE ACT 2011 (NO 34 OF 2011)
Table of Provisions
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY MATTERS
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
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
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
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
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
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
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
CHAPTER 6--ADMINISTRATIVE MATTERS
PART 6.1--HERITAGE COUNCIL
Division 1--Establishment, functions and powers
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
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
- 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
- 162 Transitional regulations
CHAPTER 9--CONSEQUENTIAL AMENDMENTS
PART 9.1--LANDS, PLANNING AND MINING TRIBUNAL ACT
- 163 Act amended
- 164 Section 5 amended
- 165 Section 12 amended
- 166 Section 17 amended
- 167 Part 3, Division 1A inserted Subdivision 1--Interpretation Subdivision 2--Tribunal reviews Subdivision 3--Applications for confirmation of stop work orders
PART 9.2--PLANNING ACT
PART 9.3--OTHER LAWS
- 170 Laws amended
PART 9.4--EXPIRY OF CHAPTER
- 171 Expiry