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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Queensland Heritage and
Other Legislation Amendment
Bill 2007
Queensland
Queensland Heritage and Other
Legislation Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Queensland Heritage Act 1992
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 2 (Objects of this Act) . . . . . . . . . . . . . . . . . . . . 10
5 Replacement of s 4 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . 11
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 7 (Functions of council) . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 8 (Delegation by council). . . . . . . . . . . . . . . . . . 12
8 Amendment of s 10 (Chairperson and deputy chairperson of
council) ....................................... 12
9 Replacement of s 12 (Disqualification from membership) . . . . . . 13
12 Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 13 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 19 (Times and places of meetings) . . . . . . . . . . 14
12 Amendment of s 28 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 14
13 Replacement of ss 30 and 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
30 The Queensland heritage register . . . . . . . . . . . . . . . 14
31 Register to be available for public inspection . . . . . . . 15
14 Amendment of s 32 (Extracts from heritage register). . . . . . . . . . 16
15 Replacement of s 33 (Changing entries in the heritage register) . 16
33 Changing entries in register . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 34 (Criteria for entry in the register) . . . . . . . . . 17
17 Replacement of ss 3542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Queensland Heritage and Other Legislation
Amendment Bill 2007
Division 2 Applications for entry of places in, or removal
of places from, register
35 Applying to enter place in, or remove place from,
register .............................. 17
36 Particular restriction on application . . . . . . . . . . . . . . 18
37 Initial notice of application . . . . . . . . . . . . . . . . . . . . . 19
38 Chief executive to publish notice of application . . . . . 20
39 Chief executive to keep applications available for
inspection ............................ 21
Division 3 Submissions and representations about
applications
40 When submission about application may be given to
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
41 Basis for making submission . . . . . . . . . . . . . . . . . . . 21
42 Chief executive may seek further information. . . . . . . 22
Division 4 Heritage recommendations
42A Chief executive to give heritage recommendation to
council .............................. 22
42B Further consideration of application . . . . . . . . . . . . . . 23
42C Notice of heritage recommendation . . . . . . . . . . . . . . 24
Division 5 Council to decide about entry of place in, or
removal of place from, register
Subdivision 1 Preliminary
42D Council's role in relation to heritage
recommendations ...................... 24
42E Council may seek further information. . . . . . . . . . . . . 24
Subdivision 2 Oral representations about heritage
recommendations
42F Request to make oral representations about heritage
recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42G How oral representations may be made. . . . . . . . . . . 26
Subdivision 3 Decisions on heritage recommendations
42H Council to make decision on heritage
recommendation ....................... 26
42I Agreement about extending time for making decision 27
42J Council's decision about entering place in, or
removing place from, register . . . . . . . . . . . . . . . . . . . 27
42K Notice of council's decision . . . . . . . . . . . . . . . . . . . . 28
42L When council is taken to have made decision . . . . . . 29
42M Notice of decision under s 42L . . . . . . . . . . . . . . . . . . 29
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Queensland Heritage and Other Legislation
Amendment Bill 2007
18 Amendment of s 43 (Certificate of immunity) . . . . . . . . . . . . . . . . 30
19 Insertion of new ss 43A and 43B, and pt 4A . . . . . . . . . . . . . . . . 30
43A Obligation to give notice about proposed
development .......................... 31
43B Obligation to give notice about development
approvals ............................ 31
Part 4A Matters about registration of archaeological
places in Queensland heritage register
Division 1 Criteria for entry in register as archaeological
place
43C Criteria for entry in register. . . . . . . . . . . . . . . . . . . . . 33
Division 2 Entry of places in, or removal of places from,
register
43D Notice of proposal to enter place in, or remove place
from, register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43E Recommendation about entering place in, or
removing place from, register . . . . . . . . . . . . . . . . . . . 34
43F Notice of recommendation . . . . . . . . . . . . . . . . . . . . . 35
43G Request to make oral representations about
recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
43H How oral representations may be made. . . . . . . . . . . 36
43I Council to make decision on recommendation. . . . . . 36
43J Notice of council's decision . . . . . . . . . . . . . . . . . . . . 37
20 Amendment of s 44 (Criteria for assessing development
applications under the Integrated Planning Act 1997) . . . . . . . . . 37
21 Insertion of new ss 44A and 44B . . . . . . . . . . . . . . . . . . . . . . . . . 38
44A Assessing development applications under the
Planning Act--archaeological places . . . . . . . . . . . . . 38
44B Chief executive may seek council's advice on
development application. . . . . . . . . . . . . . . . . . . . . . . 39
22 Amendment of s 45 (Development by the State) . . . . . . . . . . . . . 39
23 Replacement of s 46 (Application for exemption certificate) . . . . 41
46 Application for exemption certificate. . . . . . . . . . . . . . 41
46A Inquiry about application . . . . . . . . . . . . . . . . . . . . . . 42
24 Amendment of s 47 (Deciding application for exemption
certificate) ..................................... 42
25 Replacement of ss 48 and 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
48 Chief executive may give exemption certificate
without application . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
49 Compliance with conditions of exemption certificate . 43
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Queensland Heritage and Other Legislation
Amendment Bill 2007
Division 3 Development for liturgical purposes
49A Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
49B When is development liturgical development . . . . . . . 44
49C Notice of development . . . . . . . . . . . . . . . . . . . . . . . . 44
26 Replacement of s 50 (Heritage agreements) . . . . . . . . . . . . . . . . 44
50 Heritage agreements . . . . . . . . . . . . . . . . . . . . . . . . . 44
27 Amendment of s 51 (Provisions of heritage agreement) . . . . . . . 45
28 Omission of ss 52 and 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
29 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Part 6A Interim protection orders and notices about
maintaining State heritage places
Division 1 Interim protection orders
54A Chief executive may give interim protection order . . . 46
54B Form and content of order . . . . . . . . . . . . . . . . . . . . . 46
54C Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
54D Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2 Notices about maintaining State heritage
places
54E Chief executive may give notice about essential
maintenance work . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
30 Replacement of pt 7, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 1 Offences relating to archaeological artefacts
and shipwrecks
55 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
56 Requirement to give notice about discovery of
archaeological artefact . . . . . . . . . . . . . . . . . . . . . . . . 49
57 Offence about interfering with discovery . . . . . . . . . . 50
58 Offence about interfering with shipwreck . . . . . . . . . . 50
Division 2 Provisions about ownership of particular
archaeological artefacts
Subdivision 1 Declaration of ownership
59 Declaration about ownership of particular
archaeological artefacts . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 2 Compensation
59A Entitlement to compensation . . . . . . . . . . . . . . . . . . . 51
59B Applying for compensation . . . . . . . . . . . . . . . . . . . . . 51
59C Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 52
59D Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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Queensland Heritage and Other Legislation
Amendment Bill 2007
59E Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . 53
Subdivision 3 Appeals
59F Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59G Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59H Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59I Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . 54
59J Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . 55
31 Amendment of s 60 (Declaration of protected areas). . . . . . . . . . 55
32 Amendment of s 61 (Offence to destroy protected area) . . . . . . . 55
33 Amendment of s 68 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
34 Insertion of new pt 7B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 7B Provisions about places of cultural heritage
significance in local government areas
Division 1 Preliminary
68A Non-application of pt 7B . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2 Local heritage registers
68B Local government to keep register . . . . . . . . . . . . . . . 57
68C Content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3 Entry of places in, and removal of places from,
local heritage registers
68D Chief executive may recommend entering place in
local heritage register . . . . . . . . . . . . . . . . . . . . . . . . . 57
68E Local government to propose entry of place in, or
removal of place from, local heritage register. . . . . . . 58
68F Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
68G Local government to consider submissions and other
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
68H Local government resolution to enter place in, or
remove place from, local heritage register . . . . . . . . . 59
68I Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 4 Code for IDAS for local heritage places
68J Code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 5 Other matters
68K Changing entries in register . . . . . . . . . . . . . . . . . . . . 61
68L Local heritage register may be adopted in planning
scheme .............................. 61
68M Provision about entitlement to claim compensation . . 61
35 Insertion of new pt 8, div 2, sdivs 3A and 3B . . . . . . . . . . . . . . . . 62
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Queensland Heritage and Other Legislation
Amendment Bill 2007
Subdivision 3A Power to seize evidence
84A Seizing evidence at a place that may be entered
without consent or warrant . . . . . . . . . . . . . . . . . . . 62
84B Seizing evidence at a place that may only be
entered with consent or warrant . . . . . . . . . . . . . . . 62
Subdivision 3B Dealing with seized things
84C Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 63
84D Tampering with seized things . . . . . . . . . . . . . . . . . . . 63
84E Powers to support seizure . . . . . . . . . . . . . . . . . . . . . 64
84F Authorised person may require thing's return. . . . . . . 64
84G Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 65
84H Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . 65
84I Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 66
84J Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 67
36 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 8A Appeals to Planning and Environment Court
against particular decisions
94A Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
94B Grounds for appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 67
94C Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
94D Court process for appeal . . . . . . . . . . . . . . . . . . . . . . 68
37 Amendment of s 95 (Assistance by local governments). . . . . . . . 68
38 Relocation and renumbering of s 96 (Non-application to
Aboriginal or Torres Strait Islander places etc.) . . . . . . . . . . . . . . 68
39 Amendment of s 98 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 68
40 Amendment of s 100 (Restoration orders) . . . . . . . . . . . . . . . . . . 69
41 Amendment of s 101 (Non-development order) . . . . . . . . . . . . . . 69
42 Insertion of new ss 103A and 103B . . . . . . . . . . . . . . . . . . . . . . . 69
103A Chief executive may make guidelines . . . . . . . . . . . . 70
103B Recording of particular matters . . . . . . . . . . . . . . . . . 70
43 Replacement of s 104 (Delegation by Minister) . . . . . . . . . . . . . . 71
104 Delegation by Minister or chief executive . . . . . . . . . . 71
104A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
104B Amendment to renumber . . . . . . . . . . . . . . . . . . . . . . 72
44 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2 Provisions for Queensland Heritage and Other
Legislation Amendment Act 2007
108 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7
Queensland Heritage and Other Legislation
Amendment Bill 2007
109 Application under s 32 . . . . . . . . . . . . . . . . . . . . . . . . 74
110 Place permanently entered in register taken to be
State heritage place . . . . . . . . . . . . . . . . . . . . . . . . . . 74
111 Dealing with particular application for entry of place
in, or removal of place from, register . . . . . . . . . . . . . 75
112 Dealing with particular places under consideration
for entry in, or removal from, register on council's
own initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
113 Continuing process for dealing with objection under
pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
114 Dealing with assessor's report on objection under
pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
115 Continuing appointment of assessors . . . . . . . . . . . . 79
116 Appeals under pre-amended Act . . . . . . . . . . . . . . . . 79
117 Dealing with particular development applications
under Planning Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
118 Application under s 46 . . . . . . . . . . . . . . . . . . . . . . . . 80
119 Continuing exemption certificates. . . . . . . . . . . . . . . . 80
120 Provision about particular heritage agreements. . . . . 81
121 Places of cultural heritage significance for local
government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
45 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 82
Part 3 Amendment of Integrated Planning Act 1997
46 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
47 Amendment of s 1.3.5 (Definitions for terms used in
development) .................................. 87
48 Amendment of s 4.3.1 (Carrying out assessable development
without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
49 Amendment of s 4.3.6 (General exemption for emergency
development use) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
50 Amendment of s 4.3.6A (Coastal emergency exemption for
operational work that is tidal works) . . . . . . . . . . . . . . . . . . . . . . . 88
51 Insertion of new s 4.3.6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
4.3.6B Exemption for building work on Queensland
heritage place ............................ 88
52 Amendment of sch 8 (Assessable development and self-
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
53 Amendment of sch 8A (Assessment manager for development
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
54 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 90
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Queensland Heritage and Other Legislation
Amendment Bill 2007
Part 4 Minor and consequential amendments
55 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 92
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 92
Queensland Heritage Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 95
2007
A Bill
for
An Act to amend the Queensland Heritage Act 1992, and for
related purposes
s1 10 s4
Queensland Heritage and Other Legislation
Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Queensland Heritage and Other 4
Legislation Amendment Act 2007. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Queensland 8
Heritage Act 1992 9
Clause 3 Act amended in pt 2 and schedule 10
This part and the schedule amend the Queensland Heritage 11
Act 1992. 12
Clause 4 Amendment of s 2 (Objects of this Act) 13
(1) Section 2, heading, `Objects'-- 14
omit, insert-- 15
`Object'. 16
(2) Section 2(1)-- 17
omit, insert-- 18
`(1) The object of this Act is to provide for the conservation of 19
Queensland's cultural heritage for the benefit of the 20
community and future generations. 21
`(1A) The object is to be primarily achieved by-- 22
s5 11 s5
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) establishing the Queensland Heritage Council; and 1
(b) keeping the Queensland heritage register; and 2
(c) keeping local heritage registers; and 3
(d) regulating, in conjunction with other legislation, 4
development affecting the cultural heritage significance 5
of registered places; and 6
(e) providing for heritage agreements to encourage 7
appropriate management of registered places; and 8
(f) providing for appropriate enforcement powers to help 9
protect Queensland's cultural heritage.'. 10
(3) Section 2(2), from `the Minister,' to `persons'-- 11
omit, insert-- 12
`the Minister, the chief executive, the council and other 13
persons and entities'. 14
(4) Section 2(2), `objects'-- 15
omit, insert-- 16
`artefacts'. 17
(5) Section 2(1A) and (2)-- 18
renumber as section 2(2) and (3). 19
Clause 5 Replacement of s 4 (Crown bound) 20
Section 4-- 21
omit, insert-- 22
`4 Act binds all persons 23
`(1) This Act binds all persons including the State, and to the 24
extent the legislative power of the Parliament permits, the 25
Commonwealth and the other States. 26
`(2) Nothing in this Act makes the State liable to be prosecuted for 27
an offence.'. 28
s6 12 s8
Queensland Heritage and Other Legislation
Amendment Bill 2007
Clause 6 Amendment of s 7 (Functions of council) 1
Section 7(1)-- 2
omit, insert-- 3
`(1) The council has the following functions-- 4
(a) to provide strategic advice to the Minister about matters 5
relating to Queensland's cultural heritage, including, for 6
example, measures necessary to conserve Queensland's 7
cultural heritage; 8
(b) to provide information to the community to encourage 9
interest in, and understanding of, Queensland's cultural 10
heritage; 11
(c) to advise entities about conserving Queensland's 12
cultural heritage, including, for example, government 13
entities and community organisations; 14
(d) to encourage the appropriate management of places of 15
cultural heritage significance; 16
(e) to perform other functions given to the council under 17
this Act or by the Minister.'. 18
Clause 7 Amendment of s 8 (Delegation by council) 19
(1) Section 8(1)(c) and (d)-- 20
omit, insert-- 21
`(c) an appropriately qualified public service officer.'. 22
(2) Section 8(2) and (3)-- 23
omit. 24
Clause 8 Amendment of s 10 (Chairperson and deputy chairperson 25
of council) 26
(1) Section 10(4) to (6)-- 27
renumber as section 10(5) to (7). 28
(2) Section 10(3)-- 29
omit, insert-- 30
s9 13 s 10
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(3) The chairperson or deputy chairperson holds office as 1
chairperson or deputy chairperson for the term, of not more 2
than 3 years, decided by the Governor in Council. 3
`(4) Despite subsection (3), a person stops holding office as 4
chairperson or deputy chairperson if the person stops being a 5
member.'. 6
Clause 9 Replacement of s 12 (Disqualification from membership) 7
Section 12-- 8
omit, insert-- 9
`12 Eligibility for membership 10
`(1) A person can not be appointed as a member if the person-- 11
(a) has a conviction, other than a spent conviction, for an 12
indictable offence or an offence against this Act; or 13
(b) has been a member for at least 6 consecutive years and 14
the proposed appointment would happen less than 1 year 15
after the day the person was last a member. 16
`(2) A person who is a member can not be reappointed as a 17
member if the reappointment would result in the person 18
continuing as a member for more than 6 consecutive years. 19
`(3) In this section-- 20
spent conviction means a conviction-- 21
(a) for which the rehabilitation period under the Criminal 22
Law (Rehabilitation of Offenders) Act 1986 has expired 23
under that Act; and 24
(b) that is not revived as prescribed by section 11 of that 25
Act.'. 26
Clause 10 Amendment of s 13 (Vacation of office) 27
Section 13(1)(b)-- 28
omit, insert-- 29
`(b) is convicted of an indictable offence or an offence 30
against this Act; or'. 31
s 11 14 s 13
Queensland Heritage and Other Legislation
Amendment Bill 2007
Clause 11 Amendment of s 19 (Times and places of meetings) 1
(1) Section 19(1), `10 times'-- 2
omit, insert-- 3
`6 times'. 4
(2) Section 19-- 5
insert-- 6
`(5) Subsection (1) does not limit the number of meetings the 7
council may hold in a year.'. 8
Clause 12 Amendment of s 28 (Annual report) 9
Section 28(2)-- 10
omit, insert-- 11
`(2) The report must include-- 12
(a) information, required by the Minister, relating to the 13
performance of the council's functions under this Act; 14
and 15
(b) information about the timeliness of the council's 16
dealings with applications under part 4, division 5; and 17
(c) a statement about the measures the council considers 18
necessary to conserve Queensland's cultural heritage.'. 19
Clause 13 Replacement of ss 30 and 31 20
Sections 30 and 31-- 21
omit, insert-- 22
`30 The Queensland heritage register 23
`(1) The chief executive must keep a register called the 24
Queensland heritage register. 25
`(2) The Queensland heritage register must include a record of the 26
following-- 27
(a) State heritage places; 28
(b) archaeological places; 29
s 13 15 s 13
Queensland Heritage and Other Legislation
Amendment Bill 2007
(c) protected areas. 1
`(3) An entry in the Queensland heritage register, for each place or 2
area, must-- 3
(a) include enough information to identify the location and 4
boundaries of the place or area; and 5
(b) include information about the history of the place or 6
area; and 7
(c) include a description of the place or area; and 8
(d) if the place or area is the subject of a heritage 9
agreement--state that fact; and 10
(e) for a State heritage place--include a statement about the 11
cultural heritage significance of the place related to the 12
cultural heritage criteria; and 13
(f) for an archaeological place--include a statement about 14
the place related to the archaeological criteria; and 15
(g) for a protected area--include a statement about the 16
cultural heritage significance of the place relevant to the 17
declaration of the protected area. 18
`(4) The chief executive may keep the Queensland heritage 19
register in the form, including electronic form, the chief 20
executive considers appropriate. 21
`31 Register to be available for public inspection 22
`(1) The chief executive must keep the Queensland heritage 23
register, or a copy of the register, available for inspection, free 24
of charge, by members of the public at-- 25
(a) the department's head office; and 26
(b) other places the chief executive considers appropriate. 27
`(2) The chief executive may publish a copy of the Queensland 28
heritage register on the department's website.'. 29
s 14 16 s 15
Queensland Heritage and Other Legislation
Amendment Bill 2007
Clause 14 Amendment of s 32 (Extracts from heritage register) 1
(1) Section 32, heading, `heritage'-- 2
omit. 3
(2) Section 32(1)-- 4
omit, insert-- 5
`(1) The chief executive must, on application by a person and 6
payment of the fee prescribed under a regulation, give to the 7
person-- 8
(a) a certified copy of any entry in the Queensland heritage 9
register; or 10
(b) a certificate as to whether a place or area-- 11
(i) is a State heritage place, an archaeological place or 12
a protected area; or 13
(ii) is the subject of a heritage agreement.'. 14
(3) Section 32(2), `heritage register'-- 15
omit, insert-- 16
`Queensland heritage register'. 17
Clause 15 Replacement of s 33 (Changing entries in the heritage 18
register) 19
Section 33-- 20
omit, insert-- 21
`33 Changing entries in register 22
`(1) The chief executive may change an entry in the Queensland 23
heritage register for a registered place if the change-- 24
(a) is the addition of an informative note to the entry; or 25
(b) corrects or updates the address or real property 26
description of the place; or 27
(c) is another change to correct an error, or update 28
information, in the entry. 29
`(2) Despite subsection (1)(c), the chief executive must not, 30
without the written agreement of the owner of a registered 31
s 16 17 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
place and the council, change a statement mentioned in 1
section 30(3)(e), (f) or (g) for the place.'. 2
Clause 16 Amendment of s 34 (Criteria for entry in the register) 3
(1) Section 34, heading, `the'-- 4
omit. 5
(2) Section 34(1), `heritage register if it is of cultural heritage 6
significance and'-- 7
omit, insert-- 8
`Queensland heritage register as a State heritage place if it'. 9
(3) Section 34(2), `heritage register'-- 10
omit, insert-- 11
`Queensland heritage register'. 12
(4) Section 34(3) and (4)-- 13
omit. 14
Clause 17 Replacement of ss 3542 15
Sections 35 to 42-- 16
omit, insert-- 17
`Division 2 Applications for entry of places in, 18
or removal of places from, register 19
`35 Applying to enter place in, or remove place from, 20
register 21
`(1) A person or other entity may apply to the chief executive-- 22
(a) to have a place entered in the Queensland heritage 23
register as a State heritage place; or 24
(b) to have a State heritage place removed from the register. 25
`(2) The application must-- 26
(a) be in the approved form; and 27
s 17 18 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) include the details, required in the approved form, to 1
enable the chief executive to give the council a heritage 2
recommendation for the application; and 3
(c) for an application to enter a place in the register, be 4
accompanied by-- 5
(i) a statement of how the place satisfies 1 or more of 6
the cultural heritage criteria; and 7
(ii) information about the history of the place to 8
support the statement mentioned in subparagraph 9
(i); and 10
(iii) a description of the features of the place that 11
contribute to its cultural heritage significance, 12
supported by photographs, drawings or other 13
documents showing the features; and 14
(d) for an application to remove a place from the register, be 15
accompanied by-- 16
(i) a statement of how the place does not satisfy any of 17
the cultural heritage criteria; and 18
(ii) information to support the statement mentioned in 19
subparagraph (i). 20
`(3) The applicant may withdraw the application at any time 21
before the council makes a decision on a heritage 22
recommendation for the application. 23
`(4) If the chief executive makes an application under this section, 24
sections 37(1)(a) and 42C(1)(a) do not apply in relation to the 25
application. 26
`(5) Subsection (1) is subject to section 36. 27
`36 Particular restriction on application 28
`(1) If a place has been removed from the Queensland heritage 29
register as a State heritage place, or the council has decided 30
under this part not to enter a place in the register, a person or 31
other entity can not apply to have the place entered in the 32
register until at least 1 year after-- 33
(a) the day the place was removed from the register; or 34
s 17 19 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) the day the council decided not to enter the place in the 1
register. 2
`(2) If a place has been entered in the Queensland heritage register 3
as a State heritage place, or the council has decided under this 4
part not to remove a place from the register, a person or other 5
entity can not apply to have the place removed from the 6
register until at least 1 year after-- 7
(a) the place was entered in the register; or 8
(b) the council decided not to remove the place from the 9
register. 10
`37 Initial notice of application 11
`(1) The chief executive must, within 10 business days after 12
receiving an application for a place-- 13
(a) give notice of its receipt to the applicant; and 14
(b) if the applicant is not the local government for the area 15
in which the place is situated--give the local 16
government a copy of the application; and 17
(c) if the applicant is not the owner of the place--give the 18
owner a copy of the application and a notice stating each 19
of the following-- 20
(i) the day the application was received; 21
(ii) for an application to have the place entered in the 22
Queensland heritage register--that the place is 23
under consideration for entry in the register; 24
(iii) for an application to have the place removed from 25
the register--that the place is under consideration 26
for removal from the register; 27
(iv) that the owner may give the chief executive a 28
written submission about the application; 29
(v) the place where the submission may be given; 30
(vi) information about the period in which the 31
submission may be given. 32
s 17 20 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
Note-- 1
See section 40 for the period in which a submission may 2
be given. 3
`(2) If a notice under subsection (1)(a) or (c) is given to the owner 4
of a place about an application to have the place entered in the 5
Queensland heritage register, the notice must include 6
information about the owner's obligations under sections 43A 7
and 43B in relation to the place. 8
`(3) A copy of an application given to a local government or owner 9
of a place under subsection (1)(b) or (c) must not include the 10
applicant's personal information, unless the applicant has 11
given written consent to its inclusion. 12
`38 Chief executive to publish notice of application 13
`(1) The chief executive must, within 10 business days after acting 14
under section 37 in relation to an application for a place, 15
publish notice of the application-- 16
(a) in a newspaper circulating generally in the area in which 17
the place is situated; and 18
(b) on the department's website. 19
`(2) The notice under subsection (1)(a) must-- 20
(a) include enough information to identify the place; and 21
(b) state the following-- 22
(i) whether the place is under consideration for entry 23
in, or removal from, the Queensland heritage 24
register; 25
(ii) the place where the application may be viewed; 26
(iii) that a person or other entity may give the chief 27
executive a written submission about the 28
application; 29
(iv) the place where the submission may be given; 30
(v) information about the period in which the 31
submission may be given. 32
s 17 21 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
`39 Chief executive to keep applications available for 1
inspection 2
`(1) The chief executive must keep a copy of each application 3
available for inspection by members of the public at-- 4
(a) the department's head office; and 5
(b) other places the chief executive considers appropriate. 6
`(2) A copy of an application available for public inspection must 7
not include the applicant's personal information, unless the 8
applicant has given written consent to its inclusion. 9
`Division 3 Submissions and representations 10
about applications 11
`40 When submission about application may be given to 12
chief executive 13
`(1) A person or other entity may give the chief executive a written 14
submission (a heritage submission) for an application within 15
20 business days after notice of the application is published 16
under section 38(1)(a). 17
`(2) However, the chief executive and a person or other entity 18
intending to give a submission under subsection (1) may, at 19
any time before the end of the period mentioned in the 20
subsection, agree in writing on a day (the later day) by which 21
the submission may be given. 22
`(3) The later day must not be more than 40 business days after 23
notice of the application was published. 24
`41 Basis for making submission 25
`A heritage submission for an application must be made on the 26
basis that the place the subject of the application does or does 27
not satisfy the cultural heritage criteria. 28
s 17 22 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
`42 Chief executive may seek further information 1
`Before giving the council a heritage recommendation for an 2
application, the chief executive may ask a person or other 3
entity the chief executive considers appropriate to make 4
written representations to the chief executive about the place 5
the subject of the application. 6
`Division 4 Heritage recommendations 7
`42A Chief executive to give heritage recommendation to 8
council 9
`(1) After considering the relevant material for an application, the 10
chief executive must give a written recommendation (a 11
heritage recommendation) to the council about whether the 12
place the subject of the application should be entered in, or 13
removed from, the Queensland heritage register. 14
`(2) The chief executive must give the council a heritage 15
recommendation for an application by the final 16
recommendation day for the application. 17
`(3) A heritage recommendation must be accompanied by-- 18
(a) a copy of the application to which it relates; and 19
(b) the heritage submissions for the application; and 20
(c) the written representations made under section 42 about 21
the place the subject of the application. 22
`(4) If the chief executive considers the place satisfies 1 or more of 23
the cultural heritage criteria, the chief executive must 24
recommend that-- 25
(a) the place be entered in the register; or 26
(b) the place stay on the register. 27
`(5) If the chief executive considers the place does not satisfy any 28
of the cultural heritage criteria, the chief executive must 29
recommend that-- 30
(a) the place not be entered in the register; or 31
(b) the place be removed from the register. 32
s 17 23 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(6) In this section-- 1
final recommendation day, for an application, means the later 2
of the following days-- 3
(a) 80 business days after its receipt; 4
(b) if, under section 42B(2), the chief executive extends the 5
period for making the heritage recommendation for the 6
application--120 business days after its receipt. 7
relevant material, for an application, means the following-- 8
(a) the application; 9
(b) the heritage submissions for the application; 10
(c) the written representations made under section 42 about 11
the place the subject of the application; 12
(d) other information the chief executive considers relevant 13
to the application. 14
`42B Further consideration of application 15
`(1) This section applies if the chief executive considers more time 16
is needed to make a heritage recommendation for an 17
application because of the matters that need to be considered 18
in relation to the application. 19
`(2) The chief executive may at any time before 80 business days 20
after receipt of the application, give notice to the applicant, 21
and the owner of the place the subject of the application if the 22
owner is not the applicant, that-- 23
(a) because of the matters that need to be considered in 24
relation to the application, the chief executive needs 25
more time to make a heritage recommendation for the 26
application; and 27
Example-- 28
The chief executive might need more time to consider an 29
application because of the remote location of the place the 30
subject of the application. 31
(b) the period within which the chief executive must make 32
the heritage recommendation is extended to a day that is 33
120 business days after receipt of the application. 34
s 17 24 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
`42C Notice of heritage recommendation 1
`(1) The chief executive must, within 10 business days after giving 2
the council a heritage recommendation for an application, 3
give a copy of the recommendation to each of the following-- 4
(a) the applicant; 5
(b) if the applicant is not the owner of the place the subject 6
of the application--the owner; 7
(c) if the applicant is not the local government for the area 8
in which the place is situated--the local government; 9
(d) any other person or entity, if the person or entity gave 10
the chief executive a heritage submission for the 11
application. 12
`(2) The copy of the heritage recommendation must be 13
accompanied by a notice stating the person or entity to whom 14
it is given may, within 10 business days after its receipt, ask to 15
make oral representations to the council about the 16
recommendation. 17
`Division 5 Council to decide about entry of 18
place in, or removal of place from, 19
register 20
`Subdivision 1 Preliminary 21
`42D Council's role in relation to heritage 22
recommendations 23
`The council must consider and make a decision on each 24
heritage recommendation it receives. 25
`42E Council may seek further information 26
`Before making a decision on a heritage recommendation for 27
an application, the council may ask a person or other entity 28
the council considers appropriate to make written 29
s 17 25 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
representations to the council about the place the subject of 1
the application. 2
`Subdivision 2 Oral representations about heritage 3
recommendations 4
`42F Request to make oral representations about heritage 5
recommendation 6
`(1) This section applies if a person or entity is given a notice 7
under section 42C(2) for a heritage recommendation. 8
`(2) The person or entity may, by notice given to the council, ask 9
to make oral representations to the council before it makes a 10
decision on the heritage recommendation. 11
`(3) The person or entity must make the request within 10 business 12
days after receiving the notice mentioned in subsection (1). 13
`(4) If the person or entity is the owner of the place the subject of 14
the heritage recommendation, the council must take all 15
reasonable steps to comply with the request. 16
`(5) If the person or entity is not the owner of the place the subject 17
of the heritage recommendation, the council may decide to 18
hear the person or entity if satisfied it is appropriate in the 19
circumstances. 20
`(6) In deciding to hear a person or entity mentioned in subsection 21
(5), the council must have regard to-- 22
(a) the heritage submission, if any, given by the person or 23
entity for the application to which the heritage 24
recommendation relates; and 25
(b) whether the person or entity has new information about 26
the place the subject of the recommendation that is 27
relevant to-- 28
(i) the recommendation; and 29
(ii) the cultural heritage criteria. 30
s 17 26 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
`42G How oral representations may be made 1
`(1) The council may allow a person or entity to make oral 2
representations about a heritage recommendation in the way 3
the council considers appropriate. 4
`(2) Without limiting subsection (1), the council may allow a 5
person or entity to make the representations by phone, 6
videoconferencing or another form of electronic 7
communication if the council considers it is reasonable in the 8
circumstances, including, for example, because of the 9
person's or entity's remote location. 10
`Subdivision 3 Decisions on heritage 11
recommendations 12
`42H Council to make decision on heritage 13
recommendation 14
`(1) The council must make a decision on a heritage 15
recommendation for an application within the later of the 16
following periods to end-- 17
(a) 60 business days after receiving the recommendation; 18
(b) if the council and the owner of the place the subject of 19
the recommendation agree, under section 42I, to extend 20
the day for making the decision--100 business days 21
after receiving the recommendation. 22
`(2) In making the decision, the council-- 23
(a) must have regard to all of the following-- 24
(i) the application to which the heritage 25
recommendation relates; 26
(ii) the heritage submissions for the application; 27
(iii) the written representations made under section 42 28
or 42E about the place the subject of the 29
application; 30
s 17 27 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
(iv) if the council allows a person or entity to make oral 1
representations about the recommendation--the 2
representations; and 3
(b) may have regard to other information the council 4
considers relevant to the application. 5
`(3) Without limiting subsection (2)(b), the council may, in 6
making the decision, have regard to whether the physical 7
condition or structural integrity of the place may prevent its 8
cultural heritage significance being preserved. 9
`42I Agreement about extending time for making decision 10
`(1) This section applies if the council and the owner of a place the 11
subject of a heritage recommendation agree that more time is 12
needed to make a decision on the recommendation because of 13
the matters that need to be considered in relation it. 14
`(2) The council and the owner of the place may agree in writing 15
to extend the day for making the decision to a day that is 100 16
business days after the day the council received the heritage 17
recommendation. 18
`(3) An agreement under subsection (2) must be made before the 19
end of 60 business days after the day the council received the 20
heritage recommendation. 21
`42J Council's decision about entering place in, or 22
removing place from, register 23
`(1) The council may decide to enter the place the subject of an 24
application in the Queensland heritage register if the council 25
considers it satisfies 1 or more of the cultural heritage criteria. 26
`(2) The council must decide to remove the place the subject of an 27
application from the Queensland heritage register if the 28
council considers it no longer satisfies any of the cultural 29
heritage criteria. 30
`(3) In making a decision on a heritage recommendation for an 31
application about the proposed entry of a place in the 32
Queensland heritage register, the council may decide-- 33
s 17 28 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) to enter the place, as proposed in the heritage 1
recommendation, in the register; or 2
(b) to enter the place, as varied from the heritage 3
recommendation, in the register; or 4
(c) not to enter the place in the register. 5
`(4) In making a decision on a heritage recommendation for an 6
application about the proposed removal of a place from the 7
Queensland heritage register, the council may decide-- 8
(a) to remove the place from the register; or 9
(b) to vary the entry of the place in the register; or 10
(c) to leave the place in the register. 11
`42K Notice of council's decision 12
`(1) Immediately after making a decision on a heritage 13
recommendation, the council must advise the chief executive 14
of the decision, the reasons for the decision and the day it was 15
made. 16
`(2) Within 10 business days after receiving the advice, the chief 17
executive must-- 18
(a) give public notice of the decision and the day it was 19
made; and 20
(b) give notice of the decision and the reasons for it to-- 21
(i) the applicant for the application to which the 22
heritage recommendation relates; and 23
(ii) if the applicant is not the owner of the place the 24
subject of the application--the owner; and 25
(iii) if the applicant is not the local government for the 26
area in which the place is situated--the local 27
government; and 28
(iv) any other person or entity, if the person or entity 29
gave the chief executive a heritage submission for 30
the application. 31
`(3) If the council's decision on a heritage recommendation is a 32
decision mentioned in section 42J(3)(a) or (b), or (4)(a) or (b), 33
s 17 29 s 17
Queensland Heritage and Other Legislation
Amendment Bill 2007
the notice given under subsection (2)(b) to the owner of the 1
place must be accompanied by an information notice about 2
the decision. 3
`42L When council is taken to have made decision 4
`(1) This section applies if the council fails to make a decision on a 5
heritage recommendation for an application within the 6
relevant period for the recommendation. 7
`(2) If the application is for the entry of a place in the Queensland 8
heritage register, the council is taken to have decided not to 9
enter the place in the register. 10
`(3) If the application is for the removal of a place from the 11
Queensland heritage register, the council is taken to have 12
decided to leave the place in the register. 13
`(4) A decision mentioned in subsection (2) or (3) is taken to have 14
been made by the council at the end of the relevant period for 15
the recommendation. 16
`(5) In this section-- 17
relevant period, for a heritage recommendation, means-- 18
(a) 60 business days after the council receives the 19
recommendation; or 20
(b) if the council and the owner of the place the subject of 21
the recommendation have agreed, under section 42I, to 22
extend the day for making the decision on the 23
recommendation--100 business days after the council 24
receives the recommendation. 25
`42M Notice of decision under s 42L 26
`(1) If the council is taken to have made a decision under section 27
42L in relation to an application, the chief executive must, as 28
soon as practicable after the day the decision is taken to have 29
been made, give notice of the decision to-- 30
(a) the applicant; and 31
(b) if the applicant is not the owner of the place the subject 32
of the application--the owner. 33
s 18 30 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(2) The notice given under subsection (1) to the applicant must be 1
accompanied by an information notice about the decision. 2
`Division 6 Other matters'. 3
Clause 18 Amendment of s 43 (Certificate of immunity) 4
(1) Section 43(1), from `registration'-- 5
omit, insert-- 6
`registration of the place under this part.'. 7
(2) Section 43(2), `in respect of'-- 8
omit, insert-- 9
`for'. 10
(3) Section 43(3)(a) and (b)-- 11
omit, insert-- 12
`(a) the information prescribed under a regulation; and 13
(b) the fee prescribed under a regulation.'. 14
(4) Section 43(5), from `heritage'-- 15
omit, insert-- 16
`Queensland heritage register, must issue a certificate of 17
immunity for the place or the relevant part of the place.'. 18
(5) Section 43(7), from `in respect of' to `register'-- 19
omit, insert-- 20
`for a place, the place may not be entered in the Queensland 21
heritage register as a State heritage place'. 22
Clause 19 Insertion of new ss 43A and 43B, and pt 4A 23
Before part 5-- 24
insert-- 25
s 19 31 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
`43A Obligation to give notice about proposed 1
development 2
`(1) This section applies to the owner of a place if-- 3
(a) the owner-- 4
(i) has applied under division 2 to have the place 5
entered in the Queensland heritage register; or 6
(ii) is given a notice under section 37(1)(c) for an 7
application to have the place entered in the 8
register; and 9
(b) the council has not made a decision on a heritage 10
recommendation for the application. 11
`(2) The owner must, at least 10 business days before an 12
application is made for a development approval for 13
development on the place, give the chief executive notice of 14
the application. 15
Maximum penalty--100 penalty units. 16
`(3) In subsection (2)-- 17
application means an application-- 18
(a) for which the owner is the applicant; or 19
(b) that is supported by the written consent of the owner. 20
`43B Obligation to give notice about development 21
approvals 22
`(1) Subsection (2) applies to the owner of a place if-- 23
(a) the owner-- 24
(i) has applied under division 2 to have the place 25
entered in the Queensland heritage register; or 26
(ii) is given a notice under section 37(1)(c) for an 27
application to have the place entered in the 28
register; and 29
(b) when the owner made the application or was given the 30
notice, the owner knew or ought reasonably to have 31
s 19 32 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
known that a person had a development approval for 1
development on the place. 2
`(2) The owner must, within the relevant period, advise the chief 3
executive of the development approval. 4
Maximum penalty--100 penalty units. 5
`(3) Subsection (4) applies to the owner of a place if-- 6
(a) the owner-- 7
(i) has applied under division 2 to have the place 8
entered in the Queensland heritage register; or 9
(ii) is given a notice under section 37(1)(c) for an 10
application to have the place entered in the 11
register; and 12
(b) when the owner made the application or was given the 13
notice, the owner knew or ought reasonably to have 14
known that an application for a development approval 15
for development on the place had been made but not 16
decided under the Planning Act. 17
`(4) The owner must, within the relevant period, advise the chief 18
executive of the application for the development approval. 19
Maximum penalty--100 penalty units. 20
`(5) In this section-- 21
relevant period means 10 business days after the owner 22
received a notice under section 37(1)(a) or (c) for the 23
application to have the place entered in the Queensland 24
heritage register. 25
`Part 4A Matters about registration of 26
archaeological places in 27
Queensland heritage register 28
s 19 33 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
`Division 1 Criteria for entry in register as 1
archaeological place 2
`43C Criteria for entry in register 3
`A place may be entered in the Queensland heritage register as 4
an archaeological place if the place-- 5
(a) is not a State heritage place; and 6
(b) has potential to contain an archaeological artefact that is 7
an important source of information about Queensland's 8
history. 9
`Division 2 Entry of places in, or removal of 10
places from, register 11
`43D Notice of proposal to enter place in, or remove place 12
from, register 13
`(1) If the chief executive proposes to recommend to the council 14
the entry of a place in, or removal of a place from, the 15
Queensland heritage register under this part, the chief 16
executive must-- 17
(a) give notice of the proposal to-- 18
(i) the owner of the place; and 19
(ii) if the owner is not the local government for the 20
area in which the place is situated--the local 21
government; and 22
(b) within 10 business days after giving the notice under 23
paragraph (a), publish notice of the proposal-- 24
(i) in a newspaper circulating generally in the area in 25
which the place is situated; and 26
(ii) on the department's website. 27
`(2) The notice of the proposal must-- 28
(a) include enough information to identify the place; and 29
s 19 34 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) state the following-- 1
(i) whether the chief executive proposes to 2
recommend to the council that the place be entered 3
in, or removed from, the Queensland heritage 4
register; 5
(ii) the reasons for the proposed entry or removal; 6
(iii) that a person or other entity may give the chief 7
executive a written submission (an archaeological 8
submission) about the proposal; 9
(iv) the place where the submission may be given and 10
the basis on which it may be given; 11
(v) that the submission must be given within 20 12
business days after the notice is published. 13
`(3) An archaeological submission must be made on the basis that 14
the place does or does not satisfy the archaeological criteria. 15
`43E Recommendation about entering place in, or 16
removing place from, register 17
`(1) The chief executive may make a written recommendation to 18
the council to enter a place in the Queensland heritage register 19
as an archaeological place if the chief executive considers the 20
place satisfies the archaeological criteria. 21
`(2) In considering whether a place satisfies the archaeological 22
criteria, the chief executive-- 23
(a) must have regard to the archaeological submissions 24
given to the chief executive for the place; and 25
(b) may have regard to other information the chief executive 26
considers relevant, including, for example, 27
geographical, historical or archaeological information 28
about the place. 29
`(3) The chief executive must make a recommendation to the 30
council to remove an archaeological place from the 31
Queensland heritage register if the chief executive considers 32
the place no longer satisfies the archaeological criteria. 33
s 19 35 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(4) In considering whether a place no longer satisfies the 1
archaeological criteria, the chief executive-- 2
(a) must have regard to the archaeological submissions 3
given to the chief executive for the place; and 4
(b) may have regard to other information the chief executive 5
considers relevant, including, for example, information 6
about archaeological investigations of the place or 7
development on the place. 8
`(5) The chief executive's recommendation must be accompanied 9
by a copy of the archaeological submissions given to the chief 10
executive for the place. 11
`43F Notice of recommendation 12
`(1) The chief executive must, within 10 business days after giving 13
the council a recommendation, give a copy of the 14
recommendation to each of the following-- 15
(b) the owner of the place the subject of the 16
recommendation; 17
(c) if the owner is not the local government for the area in 18
which the place is situated--the local government; 19
(d) any other person or entity, if the person or entity gave 20
the chief executive an archaeological submission for the 21
place. 22
`(2) The copy of the recommendation given to the owner of the 23
place must be accompanied by a notice stating the owner may, 24
within 10 business days after its receipt, ask to make oral 25
representations to the council about the recommendation. 26
`43G Request to make oral representations about 27
recommendation 28
`(1) This section applies if the owner of a place is given a notice 29
under section 43F(2). 30
`(2) The owner may, by notice given to the council, ask to make 31
oral representations to the council before it makes a decision 32
on the recommendation. 33
s 19 36 s 19
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(3) The owner must make the request within 10 business days 1
after receiving the notice mentioned in subsection (1). 2
`(4) The council must take all reasonable steps to comply with the 3
request. 4
`43H How oral representations may be made 5
`(1) The council may allow the owner of a place to make oral 6
representations about a recommendation in the way the 7
council considers appropriate. 8
`(2) Without limiting subsection (1), the council may allow the 9
owner to make the representations by phone, 10
videoconferencing or another form of electronic 11
communication if the council considers it is reasonable in the 12
circumstances, including, for example, because of the owner's 13
remote location. 14
`43I Council to make decision on recommendation 15
`(1) The council must consider each recommendation given to the 16
council about a place and make a decision on the 17
recommendation within 60 business days after receiving the 18
recommendation. 19
`(2) In making the decision, the council-- 20
(a) must have regard to-- 21
(i) the archaeological submissions accompanying the 22
recommendation; and 23
(ii) if the owner makes oral representations to the 24
council about the recommendation--the oral 25
representations; and 26
(b) may have regard to other information the council 27
considers relevant to the recommendation. 28
`(3) The council may decide to enter the place in the Queensland 29
heritage register only if the council considers it satisfies the 30
archaeological criteria. 31
s 20 37 s 20
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(4) The council must decide to remove the place from the 1
Queensland heritage register if the council considers it no 2
longer satisfies the archaeological criteria. 3
`43J Notice of council's decision 4
`(1) Immediately after making a decision on a recommendation, 5
the council must advise the chief executive of the decision, the 6
reasons for the decision and the day it was made. 7
`(2) Within 10 business days after receiving the advice, the chief 8
executive must-- 9
(a) give public notice of the decision and the day it was 10
made; and 11
(b) give notice of the decision and the reasons for it to-- 12
(i) the owner of the place the subject of the 13
recommendation; and 14
(ii) if the owner is not the local government for the 15
area in which the place is situated--the local 16
government; and 17
(iii) any other person or entity, if the person or entity 18
gave the chief executive an archaeological 19
submission for the place. 20
`(3) If the council's decision was to enter the place in, or remove 21
the place from, the Queensland heritage register, a notice 22
given to the owner of the place must be accompanied by an 23
information notice about the decision.'. 24
Clause 20 Amendment of s 44 (Criteria for assessing development 25
applications under the Integrated Planning Act 1997) 26
(1) Section 44, heading-- 27
omit, insert-- 28
`44 Assessing development applications under the Planning 29
Act--State heritage places'. 30
(2) Section 44(1)-- 31
omit, insert-- 32
s 21 38 s 21
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(1) If, under the Planning Act, the chief executive is the 1
assessment manager or a referral agency for a development 2
application for development on a State heritage place, the 3
chief executive must assess the application against the object 4
of this Act.'. 5
(3) Section 44(2), from `registered place' to `prudent'-- 6
omit, insert-- 7
`State heritage place, the chief executive must, unless satisfied 8
there is no prudent'. 9
(4) Section 44(2) and (3), `council'-- 10
omit, insert-- 11
`chief executive'. 12
(5) Section 44(3), `In deciding if there is a prudent'-- 13
omit, insert-- 14
`In considering whether there is no prudent'. 15
Clause 21 Insertion of new ss 44A and 44B 16
After section 44-- 17
insert-- 18
`44A Assessing development applications under the 19
Planning Act--archaeological places 20
`(1) This section applies if, under the Planning Act, the chief 21
executive is the assessment manager or a referral agency for a 22
development application for development on an 23
archaeological place. 24
`(2) The chief executive must assess the application having regard 25
to the following-- 26
(a) the impact of the proposed development on any 27
archaeological artefact on the place; 28
(b) other information the chief executive considers relevant 29
to the application, including, for example, an 30
archaeological investigation of the place. 31
s 22 39 s 22
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(3) If the chief executive is satisfied the development is likely to 1
have a detrimental impact on any archaeological artefact on 2
the place, the chief executive may-- 3
(a) if the chief executive is the assessment manager for the 4
application--include in any development approval for 5
the development-- 6
(i) a condition requiring the applicant to carry out an 7
archaeological investigation of the place; or 8
(ii) other conditions the chief executive considers 9
necessary to appropriately manage archaeological 10
artefacts on the place; and 11
(b) if the chief executive is a concurrence agency for the 12
application--tell the assessment manager to include in 13
any development approval for the development a 14
condition mentioned in paragraph (a). 15
`44B Chief executive may seek council's advice on 16
development application 17
`If, under the Planning Act, the chief executive is the 18
assessment manager or a referral agency for a development 19
application for development on a registered place, the chief 20
executive may, before giving the chief executive's decision or 21
referral agency's response under that Act for the application-- 22
(a) refer a matter relating to the application to the council; 23
and 24
(b) obtain the council's advice about the matter.'. 25
Clause 22 Amendment of s 45 (Development by the State) 26
(1) Section 45(1)-- 27
omit, insert-- 28
`(1) This section applies if the State-- 29
(a) proposes to carry out development in relation to a 30
registered place other than because of an emergency 31
endangering-- 32
s 22 40 s 22
Queensland Heritage and Other Legislation
Amendment Bill 2007
(i) the life or health of a person; or 1
(ii) the structural safety of a building; and 2
(b) does not have an exemption certificate for the 3
development.'. 4
(2) Section 45(4)-- 5
omit, insert-- 6
`(4) If the place is a State heritage place and the council is satisfied 7
the development would substantially affect the cultural 8
heritage significance of the place, the council must publish a 9
public notice stating the following-- 10
(a) details of the development; 11
(b) that a person or other entity may give the council a 12
written submission about the development; 13
(c) the place where the submission may be given; 14
(d) that the submission must be given within 20 business 15
days after the notice is published.'. 16
(3) Section 45(5)-- 17
omit. 18
(4) Section 45(6), after `consider'-- 19
insert-- 20
`the report and'. 21
(5) Section 45(7), `If the council'-- 22
omit, insert-- 23
`If the place is a State heritage place and the council'. 24
(6) Section 45(8), `In deciding if there is a prudent'-- 25
omit, insert-- 26
`In considering whether there is no prudent'. 27
(7) Section 45(6) to (10)-- 28
renumber as section 45(5) to (9). 29
(8) Section 45(9), as renumbered, `subsection (9)'-- 30
s 23 41 s 23
Queensland Heritage and Other Legislation
Amendment Bill 2007
omit, insert-- 1
`subsection (8)'. 2
Clause 23 Replacement of s 46 (Application for exemption 3
certificate) 4
Section 46-- 5
omit, insert-- 6
`46 Application for exemption certificate 7
`(1) A relevant person for a registered place may apply to the chief 8
executive for an exemption certificate to carry out 9
development mentioned in subsection (3) on the place. 10
`(2) The application must-- 11
(a) be in the approved form; and 12
(b) be accompanied by all of the following-- 13
(i) enough details about the proposed development to 14
enable the chief executive to assess its impact on 15
the cultural heritage significance of the place; 16
(ii) a plan showing the location of the development in 17
relation to the features of the place that contribute 18
to its cultural heritage significance; 19
(iii) if the application is for development permitted 20
under a heritage agreement for the place--details 21
of the agreement to support the application; 22
(iv) if the application is for development other than 23
development mentioned in subparagraph 24
(iii)--information showing how the development 25
will not have a detrimental impact on the cultural 26
heritage significance of the place; 27
(v) the fee prescribed under a regulation. 28
`(3) An exemption certificate may be given to carry out 29
development on a registered place only if the development-- 30
(a) is permitted under a heritage agreement for the place; or 31
s 24 42 s 24
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) will not have a detrimental impact on the cultural 1
heritage significance of the place. 2
`(4) In this section-- 3
relevant person, for a registered place, means-- 4
(a) the owner of the place; or 5
(b) with the owner's consent, another person who has an 6
interest in the place. 7
`46A Inquiry about application 8
`(1) The chief executive may, by notice given to the applicant, 9
require the applicant to give the chief executive further 10
information the chief executive reasonably requires to decide 11
the application. 12
`(2) The notice must state the applicant is required to give the 13
information to the chief executive within 60 business days 14
after the notice is given. 15
`(3) The applicant is taken to have withdrawn the application if, 16
within 60 business days after the notice is given, the applicant 17
does not comply with a requirement under subsection (1). 18
`(4) A notice under subsection (1) must be given to the applicant 19
within 10 business days after the chief executive receives the 20
application.'. 21
Clause 24 Amendment of s 47 (Deciding application for exemption 22
certificate) 23
(1) Section 47(1)-- 24
omit, insert-- 25
`(1) The chief executive must decide the application within 20 26
business days after the later of the following-- 27
(a) the day the chief executive receives the application; 28
(b) if, under section 46A, the applicant gives the chief 29
executive further information about the application--the 30
day the chief executive receives the information.'. 31
s 25 43 s 25
Queensland Heritage and Other Legislation
Amendment Bill 2007
(2) Section 47(2) and (3), `council'-- 1
omit, insert-- 2
`chief executive'. 3
Clause 25 Replacement of ss 48 and 49 4
Sections 48 and 49-- 5
omit, insert-- 6
`48 Chief executive may give exemption certificate 7
without application 8
`(1) The chief executive may give a person an exemption 9
certificate to carry out, on a registered place, development 10
mentioned in section 46(3). 11
`(2) The chief executive's power to give an exemption certificate 12
under this section includes the power to give a certificate (a 13
general exemption certificate) in relation to all registered 14
places or a class of registered places. 15
`(3) An exemption certificate, including a general exemption 16
certificate, may be given under this section at any time, with 17
or without conditions, and without a person having applied for 18
the certificate under section 46. 19
`(4) The chief executive may give a general exemption certificate 20
under this section by publishing the certificate on the 21
department's website. 22
`49 Compliance with conditions of exemption certificate 23
`A person who carries out, on a registered place, development 24
for which an exemption certificate has been given under this 25
division, must not contravene a condition of the certificate. 26
Maximum penalty--1000 penalty units. 27
`Division 3 Development for liturgical purposes 28
s 26 44 s 26
Queensland Heritage and Other Legislation
Amendment Bill 2007
`49A Purpose of div 3 1
`The purpose of this division is to provide for matters about 2
particular development that is exempt development under the 3
Planning Act, schedule 8, part 1, table 5, item 2. 4
`49B When is development liturgical development 5
`Development is liturgical development if the development-- 6
(a) is in a place, or the precincts of a place, that is a place of 7
public worship and a registered place; and 8
(b) is required for a liturgical purpose; and 9
(c) is proposed by an official of a religious organisation 10
with appropriate knowledge of its religious services. 11
`49C Notice of development 12
`At least 20 business days before starting development that is 13
liturgical development, an official of the religious organisation 14
proposing the development must give the chief executive a 15
notice that-- 16
(a) states the name and position of the official; and 17
(b) includes a brief description of the proposed 18
development and the liturgical purpose for which it is 19
required.'. 20
Clause 26 Replacement of s 50 (Heritage agreements) 21
Section 50-- 22
omit, insert-- 23
`50 Heritage agreements 24
`(1) The chief executive may, after obtaining and considering the 25
council's advice, enter into a heritage agreement for a 26
registered place with-- 27
(a) the owner of the place; or 28
(b) with the owner's consent, another person or entity who 29
has an interest in the place. 30
s 27 45 s 29
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(2) A heritage agreement attaches to the land the subject of the 1
agreement, unless the agreement states otherwise. 2
Note-- 3
For when a heritage agreement that attaches to land is binding on an 4
owner or occupier of a place, see section 103B. 5
`(3) The chief executive may, after obtaining and considering the 6
council's advice, change or end a heritage agreement-- 7
(a) if the agreement was entered into with the owner of the 8
registered place--by agreement with the owner; or 9
(b) if the agreement was entered into with another person or 10
entity--by agreement with the person or entity and the 11
owner.'. 12
Clause 27 Amendment of s 51 (Provisions of heritage agreement) 13
(1) Section 51(1)(a), after `conservation'-- 14
insert-- 15
`and appropriate management'. 16
(2) Section 51(3)-- 17
omit. 18
Clause 28 Omission of ss 52 and 53 19
Sections 52 and 53-- 20
omit. 21
Clause 29 Insertion of new pt 6A 22
After section 54-- 23
insert-- 24
`Part 6A Interim protection orders and 25
notices about maintaining 26
State heritage places 27
s 29 46 s 29
Queensland Heritage and Other Legislation
Amendment Bill 2007
`Division 1 Interim protection orders 1
`54A Chief executive may give interim protection order 2
`(1) The chief executive may give the owner of a place an order 3
(an interim protection order) in relation to the place if-- 4
(a) there is a current application for the place; and 5
(b) the chief executive is satisfied on the evidence available 6
to the chief executive when the order is given that-- 7
(i) the place is likely to satisfy 1 or more of the 8
cultural heritage criteria; and 9
(ii) the order is necessary to conserve the cultural 10
heritage significance of the place because of 11
development that may be carried out on the place. 12
`(2) The chief executive may give a copy of the order to any 13
person the chief executive considers is proposing to carry out 14
development on the place. 15
`(3) In this section-- 16
current application, for a place, means an application-- 17
(a) to have the place entered in the Queensland heritage 18
register as a State heritage place; and 19
(b) in relation to which the council has not made a decision, 20
and is not taken to have made a decision, under section 21
42J or 42L. 22
`54B Form and content of order 23
`The interim protection order must-- 24
(a) be in writing; and 25
(b) include enough information to identity the place; and 26
(c) state the following-- 27
(i) the name of the owner of the place; 28
(ii) the reasons for making the order; 29
s 29 47 s 29
Queensland Heritage and Other Legislation
Amendment Bill 2007
(iii) that the place is taken to be a State heritage place 1
when the order is given; and 2
(d) include information about the duration of the order. 3
`54C Duration of order 4
`(1) The interim protection order-- 5
(a) takes effect when it is given to the owner of the place; 6
and 7
(b) unless sooner ended by the chief executive, ends on the 8
earliest of the following days-- 9
(i) the day that is 60 business days after the day the 10
order is given; 11
(ii) the day the council makes a decision under section 12
42J in relation to the application mentioned in 13
section 54A(1)(a) for the place; 14
(iii) the day the council is taken to have made a 15
decision under section 42L in relation to the 16
application. 17
`(2) The chief executive may, by notice given to the owner of the 18
place, end the interim protection order at any time. 19
`54D Effect of order 20
`For the purposes of this Act and the Planning Act, the place 21
the subject of the interim protection order is taken to be a 22
State heritage place while the order has effect. 23
`Division 2 Notices about maintaining State 24
heritage places 25
`54E Chief executive may give notice about essential 26
maintenance work 27
`(1) This section applies if the chief executive reasonably 28
believes-- 29
s 29 48 s 29
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) it is necessary to carry out essential maintenance work 1
on a State heritage place; and 2
(b) the work is urgently required to be carried out to protect 3
the place from serious or irreparable damage or 4
deterioration caused by weather, fire or vandalism. 5
`(2) The chief executive may give the owner of the place a notice 6
(the maintenance notice) requiring the owner to carry out the 7
essential maintenance work stated in the notice. 8
`(3) Before giving the maintenance notice, the chief executive 9
must take reasonable steps to consult with the owner of the 10
place about the essential maintenance work the chief 11
executive believes necessary to carry out. 12
`(4) The maintenance notice must state the following-- 13
(a) the essential maintenance work the chief executive 14
requires to be carried out on the State heritage place; 15
(b) that the chief executive believes the work is necessary to 16
prevent serious or irreparable damage to, or 17
deterioration of, the place; 18
(c) the reasons for the chief executive's belief; 19
(d) that the owner of the place must carry out the stated 20
work within the stated reasonable period; 21
(e) that it is an offence to fail to comply with the notice 22
unless the owner has a reasonable excuse. 23
`(5) The stated period for subsection (4)(d) must not be less than 24
20 business days after the owner receives the maintenance 25
notice. 26
`(6) The owner of the place must comply with the maintenance 27
notice unless the owner has a reasonable excuse. 28
Maximum penalty-- 29
(a) for an individual--100 penalty units; 30
(b) for a corporation--1000 penalty units. 31
`(7) In this section-- 32
essential maintenance work, in relation to a State heritage 33
place, means work of a minor nature that, if carried out on the 34
s 30 49 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
place, would help to prevent serious or irreparable damage to, 1
or deterioration of, the place. 2
Examples-- 3
· re-fixing loose roofs or wall boards 4
· removing potential fire hazards 5
· maintaining existing fire management systems, or locks on doors 6
and windows 7
· boarding up insecure openings in an unoccupied building 8
· shutting down electricity or gas services to an unoccupied 9
building'. 10
Clause 30 Replacement of pt 7, divs 1 and 2 11
Part 7, divisions 1 and 2-- 12
omit, insert-- 13
`Division 1 Offences relating to archaeological 14
artefacts and shipwrecks 15
`55 Definition for div 1 16
`In this division-- 17
interfere with includes damage, destroy, disturb, expose or 18
move. 19
`56 Requirement to give notice about discovery of 20
archaeological artefact 21
`(1) A person who discovers a thing the person knows or ought 22
reasonably to know is an archaeological artefact that is an 23
important source of information about an aspect of 24
Queensland's history must give the chief executive a notice 25
under this section. 26
Maximum penalty--1000 penalty units. 27
`(2) The notice must-- 28
(a) be given to the chief executive as soon as practicable 29
after the person discovers the thing; and 30
s 30 50 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) state where the thing was discovered; and 1
(c) include a description or photographs of the thing. 2
`57 Offence about interfering with discovery 3
`(1) This section applies to a thing for which a person has, under 4
section 56, given the chief executive a notice. 5
`(2) A person who knows that the notice has been given must not, 6
without the chief executive's written consent or unless the 7
person has a reasonable excuse, interfere with the thing until 8
at least 20 business days after the giving of the notice. 9
Maximum penalty--1000 penalty units. 10
`58 Offence about interfering with shipwreck 11
`(1) A person must not, without the chief executive's written 12
consent or unless the person has a reasonable excuse, interfere 13
with a shipwreck. 14
Maximum penalty--1000 penalty units. 15
`(2) In this section-- 16
shipwreck means the remains or any part of the remains of a 17
ship that-- 18
(a) is in Queensland waters; and 19
(b) has been in the waters for more than 75 years. 20
`Division 2 Provisions about ownership of 21
particular archaeological artefacts 22
`Subdivision 1 Declaration of ownership 23
`59 Declaration about ownership of particular 24
archaeological artefacts 25
`(1) The chief executive may, by public notice, declare that an 26
archaeological artefact that is in, or has been removed from, a 27
s 30 51 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
registered place is the property of the State if the chief 1
executive is satisfied-- 2
(a) the artefact is important to Queensland's cultural 3
heritage; and 4
(b) a declaration under this section is necessary to help 5
conserve the cultural heritage significance of the 6
artefact. 7
`(2) The notice must-- 8
(a) include enough information to identify the 9
archaeological artefact; and 10
(b) state that a person who suffers loss because of the 11
exercise of the chief executive's power under subsection 12
(1) is entitled to apply for compensation for the loss; and 13
(c) state how the person may apply for the compensation. 14
`(3) As soon as practicable after the notice is published, the chief 15
executive must give a copy of it to any person the chief 16
executive reasonably considers is likely to suffer loss because 17
of the exercise of the chief executive's power under subsection 18
(1). 19
`Subdivision 2 Compensation 20
`59A Entitlement to compensation 21
`Subject to this division, a person who suffers loss because of 22
the exercise of the chief executive's power under section 59 is 23
entitled to be paid just and reasonable compensation for the 24
loss. 25
`59B Applying for compensation 26
`(1) A person who suffers loss because of the exercise of a power 27
under section 59 may apply to the chief executive for 28
compensation for the loss. 29
`(2) The application must-- 30
(a) be in writing; and 31
s 30 52 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) be made within 20 business days after the notice is 1
published; and 2
(c) state-- 3
(i) details of the person's loss; and 4
(ii) the amount of compensation claimed and the 5
grounds for the amount claimed. 6
`(3) The applicant also must give the chief executive any other 7
relevant information reasonably required by the chief 8
executive to decide the application. 9
`(4) Despite subsection (2)(b), the chief executive may accept a 10
person's application for compensation made more than 20 11
business days after the notice is published if the chief 12
executive is satisfied it would be reasonable in all the 13
circumstances to accept the application. 14
`59C Lapsing of application 15
`(1) If an application for compensation is made under this division, 16
the chief executive may make a requirement under section 17
59B(3) for information to decide the application by giving the 18
applicant a notice stating-- 19
(a) the required information; and 20
(b) the time by which the information must be given to the 21
chief executive; and 22
(c) that, if the information is not given to the chief executive 23
by the stated time, the application will lapse. 24
`(2) The stated time must be reasonable and, in any case, at least 25
20 business days after the requirement is made. 26
`(3) The chief executive may give the applicant a further notice 27
extending or further extending the time if the chief executive 28
is satisfied it would be reasonable in all the circumstances to 29
give the extension. 30
`(4) A notice may be given under subsection (3) even if the time to 31
which it relates has lapsed. 32
s 30 53 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(5) If the applicant does not comply with the requirement within 1
the stated time, or any extension, the application lapses. 2
`59D Deciding application 3
`(1) The chief executive must consider and decide an accepted 4
application within 60 days after the last of the following to 5
happen-- 6
(a) the chief executive receives the application; 7
(b) the chief executive receives all necessary information to 8
decide the application. 9
`(2) If the chief executive has not decided an accepted application 10
within the period stated in subsection (1) for the application, 11
the chief executive is taken to have refused to pay 12
compensation. 13
`(3) In this section-- 14
accepted application means an application made under 15
section 59B(2) or an application the chief executive accepts 16
under section 59B(4). 17
`59E Notice about decision 18
`As soon as practicable after deciding the application, the 19
chief executive must give the applicant a notice stating all of 20
the following-- 21
(a) the decision and the reasons for it; 22
(b) if the chief executive decides to pay compensation-- 23
(i) details of the amount and how the amount was 24
assessed; and 25
(ii) if the amount is less than the amount claimed--that 26
the applicant may appeal against the decision, and 27
how the applicant may appeal; 28
(c) if the chief executive decides not to pay 29
compensation--that the applicant may appeal against 30
the decision, and how the applicant may appeal. 31
s 30 54 s 30
Queensland Heritage and Other Legislation
Amendment Bill 2007
`Subdivision 3 Appeals 1
`59F Who may appeal 2
`An applicant for the payment of compensation under this 3
division who is dissatisfied with the chief executive's decision 4
to refuse to pay compensation or about the amount of 5
compensation may appeal against the decision. 6
`59G Starting an appeal 7
`(1) An appeal may be started at-- 8
(a) the Magistrates Court nearest the place where the person 9
lives or carries on business; or 10
(b) a Magistrates Court at Brisbane. 11
`(2) The notice of appeal under the Uniform Civil Procedure Rules 12
1999 must be filed with the registrar of the court within 28 13
days after-- 14
(a) if the person is given notice of the decision under 15
section 59E--the day the person is given the notice; or 16
(b) if paragraph (a) does not apply--the day the person 17
otherwise becomes aware of the decision. 18
`(3) The court may, at any time, extend the time for filing the 19
notice of appeal. 20
`59H Hearing procedures 21
`(1) In hearing the appeal, the Magistrates Court is not bound by 22
the rules of evidence and must comply with natural justice. 23
`(2) The appeal is by way of rehearing, unaffected by the chief 24
executive's decision, on the material before the chief 25
executive and any further evidence allowed by the court. 26
`59I Powers of court on appeal 27
`(1) In deciding the appeal, the Magistrates Court may confirm the 28
chief executive's decision or substitute another decision the 29
s 31 55 s 33
Queensland Heritage and Other Legislation
Amendment Bill 2007
chief executive could have made for the chief executive's 1
decision. 2
`(2) The chief executive must give effect to the court's decision. 3
`59J Appeal to District Court 4
`An appeal lies to the District Court from a decision of a 5
Magistrates Court under this subdivision, but only on a 6
question of law.'. 7
Clause 31 Amendment of s 60 (Declaration of protected areas) 8
Section 60, `protected objects or'-- 9
omit. 10
Clause 32 Amendment of s 61 (Offence to destroy protected area) 11
(1) Section 61(1), penalty-- 12
omit, insert-- 13
`Maximum penalty-- 14
(a) for an individual--1700 penalty units; 15
(b) for a corporation--17000 penalty units.'. 16
(2) Section 61(2)-- 17
renumber as section 61(3). 18
(3) Section 61-- 19
insert-- 20
`(2) For subsection (1), it is a reasonable excuse if the entering or 21
interfering happens under a heritage agreement or an 22
exemption certificate for the protected area.'. 23
Clause 33 Amendment of s 68 (Appeals) 24
(1) Section 68, heading, after `Appeals'-- 25
insert-- 26
`about permit to enter protected area'. 27
s 34 56 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
(2) Section 68(1)(d)-- 1
omit. 2
(3) Section 68(5), `Integrated Planning Act 1997'-- 3
omit, insert-- 4
`Planning Act'. 5
Clause 34 Insertion of new pt 7B 6
After section 68-- 7
insert-- 8
`Part 7B Provisions about places of 9
cultural heritage significance in 10
local government areas 11
`Division 1 Preliminary 12
`68A Non-application of pt 7B 13
`(1) This part does not apply to a local government prescribed for 14
this section under a regulation. 15
`(2) A local government may be prescribed under subsection (1) 16
only if the chief executive is satisfied-- 17
(a) the local government has, in its planning scheme, 18
identified places of cultural heritage significance in its 19
area; and 20
(b) the local government's planning scheme satisfactorily 21
provides for the conservation of places of cultural 22
heritage significance in its area. 23
s 34 57 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
`Division 2 Local heritage registers 1
`68B Local government to keep register 2
`(1) A local government must keep a register (a local heritage 3
register) of places of cultural heritage significance in its area. 4
`(2) A local government-- 5
(a) may keep its local heritage register in the form, 6
including electronic form, it considers appropriate; and 7
(b) must keep it available for inspection, free of charge, by 8
members of the public. 9
`68C Content of register 10
`A local heritage register must include, for each place entered 11
in the register under division 3-- 12
(a) enough information to identify the location and 13
boundaries of the place; and 14
(b) a statement about the cultural heritage significance of 15
the place. 16
`Division 3 Entry of places in, and removal of 17
places from, local heritage registers 18
`68D Chief executive may recommend entering place in 19
local heritage register 20
`(1) This section applies if the chief executive is satisfied-- 21
(a) a place is of cultural heritage significance for a local 22
government's area; and 23
(b) entry of the place in the local government's local 24
heritage register is necessary to help conserve its 25
cultural heritage significance. 26
`(2) The chief executive may, by notice given to the local 27
government, recommend that the local government enter the 28
place in its local heritage register. 29
s 34 58 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(3) The notice must include-- 1
(a) enough information to identify the location and 2
boundaries of the place; and 3
(b) a statement about the cultural heritage significance of 4
the place; and 5
(c) information to support the statement. 6
`68E Local government to propose entry of place in, or 7
removal of place from, local heritage register 8
`(1) A local government may, on its own initiative, propose to 9
enter a place in its local heritage register if-- 10
(a) the place is in the local government's area; and 11
(b) the local government reasonably considers the place is a 12
place of cultural heritage significance for its area. 13
`(2) A local government must propose to enter a place in its local 14
heritage register if the chief executive, under section 68D, 15
recommends that the local government enters it in the register. 16
`(3) A local government must propose to remove a place from its 17
local heritage register if the local government is satisfied it is 18
no longer a place of cultural heritage significance for its area. 19
`68F Notice of proposal 20
`(1) If a local government proposes to enter a place in, or remove a 21
place from, its local heritage register, the local government 22
must-- 23
(a) give the owner of the place notice of the proposal; and 24
(b) within 10 business days after giving the notice under 25
paragraph (a), publish the notice in a newspaper 26
circulating generally in its area. 27
`(2) The notice must-- 28
(a) include enough information to identify the place; and 29
(b) state the following-- 30
s 34 59 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
(i) whether the place is under consideration for entry 1
in, or removal from, the local government's local 2
heritage register; 3
(ii) the reasons for the proposed entry or removal; 4
(iii) that a person or other entity may give the local 5
government a written submission about the 6
proposal; 7
(iv) the place where the submission may be given and 8
the basis on which it may be given; 9
(v) that the submission must be given to the local 10
government within 20 business days after the 11
notice is published. 12
`(3) A submission under subsection (2) must be made on the basis 13
that the place is or is not a place of cultural heritage 14
significance for the local government's area. 15
`68G Local government to consider submissions and other 16
information 17
`Before deciding to enter a place in, or remove a place from, 18
its local heritage register, a local government-- 19
(a) must have regard to-- 20
(i) the submissions received under section 68F about 21
the proposal to enter or remove the place; and 22
(ii) if the chief executive, under section 68D, 23
recommended that the local government enter the 24
place in its register--the information about the 25
place included in the chief executive's 26
recommendation; and 27
(b) may have regard to other information the local 28
government considers relevant to the application. 29
`68H Local government resolution to enter place in, or 30
remove place from, local heritage register 31
`(1) A local government may, by resolution, decide to enter a place 32
in its local heritage register if-- 33
s 34 60 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) the place is in the local government's area; and 1
(b) the local government is satisfied it is a place of cultural 2
heritage significance for its area. 3
`(2) A local government may, by resolution, decide to remove a 4
place from its local heritage register if the local government is 5
satisfied the place is no longer a place of cultural heritage 6
significance for its area. 7
`(3) A decision under subsection (1) or (2) must be made by the 8
local government within 80 business days after the notice 9
under section 68F is published for the place. 10
`68I Notice of decision 11
`If a local government decides to enter a place in, or remove a 12
place from, its local heritage register, the local government 13
must, within 10 business days after making the decision, give 14
notice of the decision and the reasons for it to-- 15
(a) the owner of the place; and 16
(b) any other person or entity, if the person or entity gave 17
the local government a submission under section 68F 18
about the proposal to enter or remove the place. 19
`Division 4 Code for IDAS for local heritage 20
places 21
`68J Code for IDAS 22
`(1) A regulation may prescribe a code for IDAS for development 23
on a local heritage place. 24
`(2) In this section-- 25
IDAS means the system detailed in the Planning Act, chapter 26
3, for integrating State and local government assessment and 27
approval processes for development. 28
`Division 5 Other matters 29
s 34 61 s 34
Queensland Heritage and Other Legislation
Amendment Bill 2007
`68K Changing entries in register 1
`(1) A local government may change an entry for a place in its 2
local heritage register if the change-- 3
(a) is the addition of an informative note to the entry; or 4
(b) corrects or updates the address or real property 5
description of the place; or 6
(c) is another change to correct an error, or update 7
information, in the entry. 8
`(2) Despite subsection (1)(c), the local government must not, 9
without the written agreement of the owner of the place, 10
change a statement mentioned in section 68C(b) for the place. 11
`68L Local heritage register may be adopted in planning 12
scheme 13
`(1) A local government's planning scheme may, under the 14
Statutory Instruments Act 1992, section 23, apply, adopt or 15
incorporate its local heritage register. 16
`(2) This section applies despite the Planning Act, section 2.1.18. 17
`68M Provision about entitlement to claim compensation 18
`(1) This section applies if a place is entered on a local 19
government's local heritage register under division 3. 20
`(2) For the purposes of the Planning Act, chapter 5, part 4, the 21
entry of the place on the local heritage register is taken to be a 22
change to the local government's planning scheme. 23
`(3) An owner of the place at the time the change mentioned in 24
subsection (2) happens is entitled to claim compensation 25
under the Planning Act, section 5.4.2, in relation to the 26
change. 27
`(4) For claiming compensation-- 28
(a) the change mentioned in subsection (2) has effect as if 29
the local government's planning scheme were amended 30
to the extent of the change; and 31
s 35 62 s 35
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) the local government's planning scheme that was in 1
effect before the amendment mentioned in paragraph (a) 2
happens is taken to be a superseded planning scheme 3
under the Planning Act; and 4
(c) the Planning Act, chapter 5, part 4, applies in relation to 5
the claim with any necessary changes.'. 6
Clause 35 Insertion of new pt 8, div 2, sdivs 3A and 3B 7
Part 8, division 2-- 8
insert-- 9
`Subdivision 3A Power to seize evidence 10
`84A Seizing evidence at a place that may be entered 11
without consent or warrant 12
`An authorised person who enters a place under this division 13
without the consent of the occupier and without a warrant, 14
may seize a thing at the place only if the authorised person 15
reasonably believes the thing is evidence of an offence against 16
this Act. 17
`84B Seizing evidence at a place that may only be 18
entered with consent or warrant 19
`(1) This section applies if-- 20
(a) an authorised person is authorised to enter a place under 21
this division only with the consent of an occupier of the 22
place or a warrant; and 23
(b) the authorised person enters the place after obtaining the 24
necessary consent or warrant. 25
`(2) If the authorised person enters the place with the occupier's 26
consent, the authorised person may seize a thing at the place 27
only if-- 28
(a) the authorised person reasonably believes the thing is 29
evidence of an offence against this Act; and 30
s 35 63 s 35
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) seizure of the thing is consistent with the purpose of 1
entry as told to the occupier when asking for the 2
occupier's consent. 3
`(3) If the authorised person enters the place with a warrant, the 4
authorised person may seize the evidence for which the 5
warrant was issued. 6
`(4) The authorised person also may seize anything else at the 7
place if the authorised person reasonably believes-- 8
(a) the thing is evidence of an offence against this Act; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) hidden, lost or destroyed; or 11
(ii) used to continue, or repeat, the offence. 12
`(5) Also, the authorised person may seize a thing at the place if 13
the authorised person reasonably believes it has just been used 14
in committing an offence against this Act. 15
`Subdivision 3B Dealing with seized things 16
`84C Securing seized things 17
`Having seized a thing, an authorised person may-- 18
(a) move the thing from the place where it was seized (the 19
place of seizure); or 20
(b) leave the thing at the place of seizure, but take 21
reasonable action to restrict access to it. 22
Examples of restricting access to a thing-- 23
· sealing a thing and marking it to show access to it is 24
restricted 25
· sealing the entrance to a room where the thing is situated 26
and marking it to show access to it is restricted 27
`84D Tampering with seized things 28
`(1) If an authorised person restricts access to a seized thing, a 29
person must not tamper with the thing, or something 30
s 35 64 s 35
Queensland Heritage and Other Legislation
Amendment Bill 2007
restricting access to the thing, without an authorised person's 1
approval. 2
Maximum penalty--100 penalty units. 3
`(2) In this section-- 4
tamper includes attempt to tamper. 5
`84E Powers to support seizure 6
`(1) To enable a thing to be seized, an authorised person may 7
require the person in control of it-- 8
(a) to take it to a stated reasonable place by a stated 9
reasonable time; and 10
(b) if necessary, to remain in control of it at the stated place 11
for a reasonable time. 12
`(2) The requirement-- 13
(a) must be made by notice; or 14
(b) if for any reason it is not practicable to give the notice, 15
may be made orally and confirmed by notice as soon as 16
practicable. 17
`(3) A further requirement may be made under this section about 18
the same thing if it is necessary and reasonable to make the 19
further requirement. 20
`(4) A person of whom a requirement is made under subsection (1) 21
or (3) must comply with the requirement, unless the person 22
has a reasonable excuse. 23
Maximum penalty--100 penalty units. 24
`(5) Subject to section 87, the cost of complying with subsection 25
(4) must be borne by the person. 26
`84F Authorised person may require thing's return 27
`(1) If an authorised person has required a person to take a thing to 28
a stated place by a stated reasonable time under section 84E, 29
the authorised person may require the person to return the 30
thing to the place from which it was taken. 31
s 35 65 s 35
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(2) A person of whom a requirement is made under subsection (1) 1
must comply with the requirement, unless the person has a 2
reasonable excuse. 3
Maximum penalty--100 penalty units. 4
`(3) Subject to section 87, the cost of complying with subsection 5
(2) must be borne by the person. 6
`84G Receipts for seized things 7
`(1) As soon as practicable after an authorised person seizes a 8
thing, the authorised person must give a receipt for it to the 9
person from whom it was seized. 10
`(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the authorised person must leave the receipt at 12
the place of seizure in a conspicuous position and in a 13
reasonably secure way. 14
`(3) The receipt must describe generally each thing seized and its 15
condition. 16
`(4) This section does not apply to a thing if it is impracticable or 17
would be unreasonable to give the receipt, given the thing's 18
nature, condition and value. 19
`84H Forfeiture of seized things 20
`(1) A seized thing is forfeited to the State if the authorised person 21
who seized the thing-- 22
(a) can not find its owner, after making reasonable 23
inquiries; or 24
(b) can not return it to its owner, after making reasonable 25
efforts. 26
`(2) In applying subsection (1)-- 27
(a) subsection (1)(a) does not require the authorised person 28
to make inquiries if it would be unreasonable to make 29
inquiries to find the owner; and 30
s 35 66 s 35
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) subsection (1)(b) does not require the authorised person 1
to make efforts if it would be unreasonable to make 2
efforts to return the thing to its owner. 3
`(3) Regard must be had to a thing's nature, condition and value in 4
deciding-- 5
(a) whether it is reasonable to make inquiries or efforts; and 6
(b) if making inquiries or efforts, what inquiries or efforts, 7
including the period over which they are made, are 8
reasonable. 9
`(4) On the forfeiture of a thing to the State-- 10
(a) the thing becomes the State's property; and 11
(b) it may be dealt with by the chief executive as the chief 12
executive considers appropriate. 13
`(5) Without limiting subsection (4), the chief executive may 14
destroy or dispose of the thing. 15
`(6) Despite subsection (5), the chief executive must not deal with 16
the thing in a way that could prejudice the outcome of an 17
appeal, relevant to the thing, of which the chief executive is 18
aware. 19
`84I Return of seized things 20
`(1) If a thing has been seized but not forfeited under this division, 21
the authorised person must return it to its owner-- 22
(a) at the end of 6 months; or 23
(b) if a proceeding for an offence involving the thing is 24
started within 6 months, at the end of the proceeding and 25
any appeal from the proceeding. 26
`(2) Despite subsection (1), unless the thing has been forfeited, the 27
authorised person must immediately return a thing seized as 28
evidence to its owner if the authorised person stops being 29
satisfied its continued retention as evidence is necessary. 30
s 36 67 s 36
Queensland Heritage and Other Legislation
Amendment Bill 2007
`84J Access to seized things 1
`(1) Until a thing that has been seized is forfeited or returned under 2
this division, an authorised person must allow its owner to 3
inspect it and, if it is a document, to copy it. 4
`(2) Subsection (1) does not apply if it is impracticable or would 5
be unreasonable to allow the inspection or copying.'. 6
Clause 36 Insertion of new pt 8A 7
After section 94-- 8
insert-- 9
`Part 8A Appeals to Planning and 10
Environment Court against 11
particular decisions 12
`94A Who may appeal 13
`(1) This section applies to the following persons-- 14
(a) the owner of a place who is given, or is entitled to be 15
given, an information notice under section 42K(3) about 16
a decision of the council; 17
(b) a person who is given, or is entitled to be given, an 18
information notice under section 42M(2) about a 19
decision of the council; 20
(c) the owner of a place who is given, or is entitled to be 21
given, an information notice under section 43J(3) about 22
a decision of the council. 23
`(2) The person may appeal to the Planning and Environment 24
Court against the decision. 25
`94B Grounds for appeal 26
`(1) An appeal by a person mentioned in section 94A(1)(a) or (b) 27
may only be made on the ground that the place the subject of 28
the appeal does or does not satisfy the cultural heritage 29
criteria. 30
s 37 68 s 39
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(2) An appeal by a person mentioned in section 94A(1)(c) may 1
only be made on the ground that the place the subject of the 2
appeal does or does not satisfy the archaeological criteria. 3
`94C Starting appeal 4
`An appeal must be started within 20 business days after-- 5
(a) if the person has been given an information notice about 6
the decision--the day the person is given the notice; or 7
(b) if paragraph (a) does not apply--the day the person 8
otherwise becomes aware of the decision. 9
`94D Court process for appeal 10
`The Planning Act, chapter 4, part 1, division 12, with any 11
changes the Planning and Environment Court considers 12
appropriate, applies to an appeal under this part.'. 13
Clause 37 Amendment of s 95 (Assistance by local governments) 14
Section 95, `or the council'-- 15
omit, insert-- 16
`or chief executive'. 17
Clause 38 Relocation and renumbering of s 96 (Non-application to 18
Aboriginal or Torres Strait Islander places etc.) 19
Section 96-- 20
relocate and renumber, in part 1, as section 2A. 21
Clause 39 Amendment of s 98 (Evidence) 22
(1) Section 98(1)(a)-- 23
omit, insert-- 24
`(a) in Queensland waters; or'. 25
s 40 69 s 42
Queensland Heritage and Other Legislation
Amendment Bill 2007
(2) Section 98(1)(c)-- 1
renumber as section 98(1)(b). 2
Clause 40 Amendment of s 100 (Restoration orders) 3
(1) Section 100(1), `against this Act'-- 4
omit. 5
(2) Section 100-- 6
insert-- 7
`(4) In this section-- 8
offence means-- 9
(a) an offence against this Act; or 10
(b) an offence against the Planning Act, section 4.3.1(1) or 11
4.3.3 in relation to development on a registered place.'. 12
Clause 41 Amendment of s 101 (Non-development order) 13
(1) Section 101(1), `against this Act'-- 14
omit. 15
(2) Section 101-- 16
insert-- 17
`(6) In this section-- 18
offence means-- 19
(a) an offence against this Act; or 20
(b) an offence against the Planning Act, section 4.3.1(1) or 21
4.3.3 in relation to development on a registered place.'. 22
Clause 42 Insertion of new ss 103A and 103B 23
After section 103-- 24
insert-- 25
s 42 70 s 42
Queensland Heritage and Other Legislation
Amendment Bill 2007
`103A Chief executive may make guidelines 1
`(1) The chief executive may, after consultation with the council, 2
make guidelines to provide guidance to persons about any of 3
the following-- 4
(a) making an application under part 4; 5
(b) the administration of part 5, division 1, for the carrying 6
out of development on a registered place; 7
(c) the giving of an exemption certificate under part 5, 8
division 2; 9
(d) carrying out an archaeological investigation of a place; 10
(e) another matter relating to the administration of this Act. 11
`(2) If the chief executive makes a guideline under this section, the 12
chief executive must publish the guideline, as in effect from 13
time to time, on the department's website. 14
`103B Recording of particular matters 15
`(1) If-- 16
(a) a place is entered in the Queensland heritage register as 17
a State heritage place or an archaeological place; or 18
(b) the chief executive, under section 50, enters into a 19
heritage agreement that attaches to land; or 20
(c) the chief executive, under section 50(3), changes a 21
heritage agreement to state that it attaches to the land the 22
subject of the agreement; 23
the chief executive must give the registrar notice of the entry 24
or heritage agreement. 25
`(2) The notice must include particulars of the land the subject of 26
the entry or heritage agreement. 27
`(3) The registrar must keep a record of the entry or heritage 28
agreement. 29
`(4) The registrar must keep the record in a way that a search of 30
the register kept by the registrar under any Act relating to title 31
to land will show the land-- 32
s 43 71 s 43
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) is a place entered in the Queensland heritage register as 1
a State heritage place or an archaeological place; or 2
(b) is the subject of a heritage agreement. 3
`(5) If-- 4
(a) a State heritage place or an archaeological place is 5
removed from the Queensland heritage register; or 6
(b) a heritage agreement that attaches to land ends; 7
the chief executive must give the registrar notice of the 8
removal or ending. 9
`(6) The registrar must amend the records kept under this section 10
to show the removal or ending. 11
`(7) While a heritage agreement has effect for a place and is 12
recorded by the registrar under this section, the agreement is 13
binding on-- 14
(a) each person who is from time to time the owner of the 15
place, whether or not the person signed the agreement or 16
agreed to any change to the agreement; and 17
(b) to the extent the agreement affects the use of the place, 18
the occupier of the place. 19
`(8) In this section-- 20
registrar means the registrar of titles or another person 21
responsible for keeping a register for dealings in land.'. 22
Clause 43 Replacement of s 104 (Delegation by Minister) 23
Section 104-- 24
omit, insert-- 25
`104 Delegation by Minister or chief executive 26
`(1) The Minister may delegate the Minister's functions under this 27
Act to-- 28
(a) the chairperson of the council; or 29
(b) a local government; or 30
(c) an appropriately qualified public service officer. 31
s 43 72 s 43
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(2) The chief executive may delegate the chief executive's 1
functions under this Act, other than a function under section 2
54A, 54E or 59(1), to an appropriately qualified public service 3
officer. 4
`(3) Also, the chief executive may delegate a function of the chief 5
executive under part 5, division 2, other than a function under 6
section 48, to an appropriately qualified person. 7
`(4) In this section-- 8
function includes power. 9
`104A Approval of forms 10
`The chief executive may approve forms for use under this 11
Act. 12
`104B Amendment to renumber 13
`(1) On the commencement of this section, the provisions of this 14
Act are amended by numbering and renumbering them in the 15
same way as a reprint may be numbered and renumbered 16
under the Reprints Act 1992, section 43. 17
`(2) Subsection (1) applies to a provision of this Act enacted or 18
otherwise affected (a relevant provision) by a provision of an 19
amending Act enacted but uncommenced when subsection (1) 20
is commenced (the uncommenced provision), with the 21
following intent for the relevant provision-- 22
(a) if the number of the relevant provision would have 23
changed under subsection (1) had the uncommenced 24
provision commenced-- 25
(i) a number is allocated to the relevant provision as if 26
the uncommenced provision had commenced; and 27
(ii) when the uncommenced provision commences, the 28
number of the relevant provision is amended by 29
omitting it and inserting the number allocated to it 30
under subparagraph (i); 31
(b) if the relevant provision would have been omitted or 32
relocated had the uncommenced provision commenced, 33
s 44 73 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
its number remains the same as it was before the 1
commencement of subsection (1) until the omission or 2
relocation takes effect. 3
`(3) Without limiting the Reprints Act 1992, section 43(4), each 4
reference in this Act, and each reference in another Act or a 5
regulation stated in subsection (4) to a provision of this Act 6
renumbered under subsection (1), is amended, when the 7
renumbering happens, by omitting the reference to the 8
previous number and inserting the new number. 9
`(4) The following are stated for subsection (3)-- 10
(a) Integrated Planning Act 1997; 11
(b) Queensland Heritage Regulation 2003; 12
(c) Whistleblowers Protection Act 1994. 13
`(5) This section expires on the later of the following-- 14
(a) the day after the commencement of the last numbering 15
or renumbering of a provision done under the section; 16
(b) 30 June 2008. 17
`(6) In this section-- 18
amending Act means an Act that amends this Act.'. 19
Clause 44 Insertion of new pt 10, div 2 20
After section 107-- 21
insert-- 22
`Division 2 Provisions for Queensland Heritage 23
and Other Legislation Amendment 24
Act 2007 25
`108 Definitions for div 2 26
`In this division-- 27
assessor means a person appointed as an assessor under 28
section 38 of the pre-amended Act. 29
s 44 74 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
commencement means the day on which the provision in 1
which the term is used commences. 2
post-amended Act means this Act as in force after the 3
commencement. 4
pre-amended Act means this Act as in force before the 5
commencement. 6
register means the heritage register under the pre-amended 7
Act. 8
`109 Application under s 32 9
`(1) This section applies to an application that-- 10
(a) was made under section 32(1) of the pre-amended Act; 11
and 12
(b) on the commencement, had not been dealt with by the 13
council under the section. 14
`(2) The council must deal, or continue to deal, with the 15
application under section 32(1) of the pre-amended Act as if 16
the section had not been amended under the Queensland 17
Heritage and Other Legislation Amendment Act 2007. 18
`110 Place permanently entered in register taken to be 19
State heritage place 20
`(1) This section applies to a place that, immediately before the 21
commencement, was entered in the register on a permanent 22
basis. 23
`(2) On the commencement, the place is taken to be a State 24
heritage place under the post-amended Act. 25
`(3) The chief executive must ensure a record of the place is 26
included in the Queensland heritage register as soon as 27
practicable after the commencement. 28
s 44 75 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
`111 Dealing with particular application for entry of place 1
in, or removal of place from, register 2
`(1) This section applies to an application made under section 35 3
or 36 of the pre-amended Act to enter a place in, or remove a 4
place from, the register if, immediately before the 5
commencement-- 6
(a) for an application to enter the place in the register--the 7
place was under consideration for entry, but was not 8
provisionally entered, in the register; or 9
(b) for an application to remove the place from the 10
register--the place-- 11
(i) was entered in the register on a permanent basis; 12
and 13
(ii) the application had not been decided; and 14
(iii) the council had not given any notices as required 15
under section 36(4) of the pre-amended Act in 16
relation to the application. 17
`(2) The application is taken to be an application to enter the place 18
in the Queensland heritage register as a State heritage place, 19
or to remove the place from the Queensland heritage register, 20
made to the chief executive under section 35 of the 21
post-amended Act. 22
`(3) For dealing with the application under the post-amended Act, 23
the application is taken to have been received by the chief 24
executive on the commencement. 25
`112 Dealing with particular places under consideration 26
for entry in, or removal from, register on council's 27
own initiative 28
`(1) This section applies to a place that, immediately before the 29
commencement, was under consideration on the council's 30
own initiative for entry in or removal from the register if-- 31
(a) for a place under consideration for entry in the 32
register--the place has not been provisionally entered in 33
the register; or 34
s 44 76 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
(b) for a place under consideration for removal from the 1
register--the council has not given any notices as 2
required under section 36(4) of the pre-amended Act in 3
relation to the place. 4
`(2) On the commencement, the council's consideration of the 5
place for entry in or removal from the register under the 6
pre-amended Act is taken to end. 7
`(3) Subsection (2) does not limit a person's or other entity's right 8
to apply, under the post-amended Act-- 9
(a) for entry of the place in the Queensland heritage register 10
as a State heritage place; or 11
(b) for removal of the place from the Queensland heritage 12
register. 13
`113 Continuing process for dealing with objection under 14
pre-amended Act 15
`(1) This section applies if-- 16
(a) on the commencement, the council is considering-- 17
(i) whether a place that is provisionally entered in the 18
register should be permanently entered in the 19
register; or 20
(ii) whether a place that is permanently entered in the 21
register should be removed from the register; and 22
(b) in relation to the proposal to enter the place in or remove 23
the place from the register, an objection has been made 24
under section 37 of the pre-amended Act. 25
`(2) If, on the commencement, the council has not referred the 26
objection to an assessor-- 27
(a) the council must, under section 39 of the pre-amended 28
Act, refer the objection to an assessor; and 29
(b) the assessor must, under section 40 of the pre-amended 30
Act, enquire into and report to the council on the 31
objection. 32
`(3) If, on the commencement, the council has referred the 33
objection to an assessor, the assessor may, under section 40 of 34
s 44 77 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
the pre-amended Act, enquire into, or continue to enquire 1
into, and report to the council on the objection. 2
`(4) For dealing with an objection mentioned in this section-- 3
(a) there is to continue to be a panel of expert assessors as 4
provided for under section 38 of the pre-amended Act; 5
and 6
(b) the Minister may, under that section, appoint assessors 7
to the panel; and 8
(c) sections 38, 39 and 40(1) to (3) of the pre-amended Act 9
continue to apply in relation to the panel and the 10
assessors as if the Queensland Heritage and Other 11
Legislation Amendment Act 2007, section 17, had not 12
commenced. 13
`114 Dealing with assessor's report on objection under 14
pre-amended Act 15
`(1) This section applies if, after the commencement and under 16
section 40(3) of the pre-amended Act, an assessor gives the 17
council a report on an objection mentioned in section 113 18
about a proposal-- 19
(a) to enter a place in the register on a permanent basis; or 20
(b) to remove a place from the register. 21
`(2) The council must, within 20 business days after receiving the 22
assessor's report, consider the report and decide whether to 23
proceed with the proposal. 24
`(3) For a proposal to enter a place in the register on a permanent 25
basis, the council may decide-- 26
(a) to enter the place, as originally proposed, in the 27
Queensland heritage register as a State heritage place; or 28
(b) to enter the place, as varied from the original proposal, 29
in the Queensland heritage register as a State heritage 30
place; or 31
(c) not to enter the place in the Queensland heritage 32
register. 33
s 44 78 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(4) For a proposal to remove a place from the register, the council 1
may decide-- 2
(a) to remove the place from the Queensland heritage 3
register; or 4
(b) to vary the entry of the place in the Queensland heritage 5
register; or 6
(c) to leave the place in the Queensland heritage register. 7
`(5) Immediately after making a decision mentioned in subsection 8
(3) or (4), the council must advise the chief executive of the 9
decision, the reasons for the decision and the day it was made. 10
`(6) Within 10 business days after receiving the advice, the chief 11
executive must-- 12
(a) give public notice of the decision and the day it was 13
made; and 14
(b) give notice of the decision and the reasons for it to-- 15
(i) the owner of the place; and 16
(ii) if the owner is not the local government for the 17
area in which the place is situated--the local 18
government. 19
`(7) If the decision is a decision mentioned in subsection (3)(a) or 20
(b), or (4)(a) or (b), the notice given under subsection (6)(b) to 21
the owner of the place must be accompanied by an 22
information notice about the decision. 23
`(8) The owner of a place who is given, or is entitled to be given, 24
an information notice under subsection (7) for a decision may 25
appeal against the decision under part 8A as if the owner were 26
a person mentioned in section 94A(1)(a). 27
`(9) The chief executive must ensure the entry of a place in, 28
removal of a place from, or variation of an entry in, the 29
Queensland heritage register is recorded in the register as 30
soon as practicable after receiving the council's advice under 31
subsection (5). 32
s 44 79 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
`115 Continuing appointment of assessors 1
`(1) This section applies to a person who, immediately before the 2
commencement, was an assessor. 3
`(2) Despite the repeal of section 38 of the pre-amended Act, the 4
person continues as an assessor-- 5
(a) under section 38 of the pre-amended Act for the 6
purposes of inquiring into, and reporting on, objections 7
mentioned in section 113; and 8
(b) on the terms and conditions decided by the Minister. 9
`(3) Subsection (2) applies to the person until 1 year after the 10
commencement unless the person sooner stops being an 11
assessor. 12
`116 Appeals under pre-amended Act 13
`(1) Subsection (2) applies if, before the commencement-- 14
(a) a person has, under section 41 of the pre-amended Act, 15
appealed to the Planning and Environment Court against 16
a decision of the council; and 17
(b) the appeal has not been decided. 18
`(2) The Planning and Environment Court may hear, or continue to 19
hear, and decide the appeal. 20
`(3) Subsection (4) applies if-- 21
(a) immediately before the commencement a person could 22
have appealed to the Planning and Environment Court 23
under section 41 of the pre-amended Act against a 24
decision of the council; and 25
(b) the person has not appealed before the commencement. 26
`(4) The person may appeal, and the Planning and Environment 27
Court may hear and decide the appeal. 28
`(5) For subsections (2) and (4), section 41(5) to (7) of the 29
pre-amended Act applies as if the Queensland Heritage and 30
Other Legislation Amendment Act 2007, section 17, had not 31
commenced. 32
s 44 80 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
`117 Dealing with particular development applications 1
under Planning Act 2
`(1) This section applies to a development application under the 3
Planning Act if, immediately before the commencement-- 4
(a) the council is the assessment manager or a referral 5
agency under that Act for the application; and 6
(b) the council has not given the council's decision or 7
referral agency's response under that Act for the 8
application. 9
`(2) On the commencement, the chief executive is taken to be the 10
assessment manager or referral agency under the Planning Act 11
for the development application. 12
`(3) The chief executive must deal with the application under 13
section 44 of the post-amended Act. 14
`118 Application under s 46 15
`(1) This section applies to an application for an exemption 16
certificate made under section 46 of the pre-amended Act and 17
not decided before the commencement. 18
`(2) The application is taken to have been made to the chief 19
executive under section 46 of the post-amended Act. 20
`(3) The chief executive must deal with the application under the 21
post-amended Act. 22
`(4) For sections 46A(4) and 47(1) of the post-amended Act, the 23
application is taken to have been received by the chief 24
executive on the commencement. 25
`119 Continuing exemption certificates 26
`(1) This section applies to an exemption certificate that-- 27
(a) is in force immediately before the commencement; and 28
(b) was issued for development mentioned in section 29
46(5)(a), (b), (c), (e) or (f) of the pre-amended Act. 30
`(2) The exemption certificate-- 31
s 44 81 s 44
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) continues in force; and 1
(b) is taken to be an exemption certificate given under part 2
5, division 2 of the post-amended Act; and 3
(c) if the exemption certificate was issued for development 4
mentioned in section 46(5)(a), (b), (c) or (f) of the 5
pre-amended Act--the development is taken to be 6
development that will not have a detrimental impact on 7
the cultural heritage significance of the place to which it 8
relates. 9
`120 Provision about particular heritage agreements 10
`(1) This section applies to a heritage agreement that-- 11
(a) was entered into under the pre-amended Act; and 12
(b) is in force on the commencement. 13
`(2) A record kept by the registrar of titles, under section 52(2) of 14
the pre-amended Act, of a notification about the heritage 15
agreement-- 16
(a) must be kept in a way mentioned in section 103B(4); 17
and 18
(b) for the purposes of section 103B(5) to (7)--is taken to 19
be a record of the agreement under that section. 20
`121 Places of cultural heritage significance for local 21
government areas 22
`(1) This section applies if, on the commencement, a place is 23
identified in a local government's local planning instrument as 24
a place of cultural heritage significance for the local 25
government's area. 26
`(2) On the commencement, the place is taken to be a local 27
heritage place for the local government. 28
`(3) The local government must ensure that, in relation to the 29
place, the information mentioned in section 68C is included in 30
its local heritage register. 31
s 45 82 s 45
Queensland Heritage and Other Legislation
Amendment Bill 2007
`(4) The local government must act under subsection (3) within 2 1
years after the commencement. 2
`(5) Section 68M does not apply in relation to the entry of a place 3
on a local government's local heritage register under this 4
section. 5
`(6) In this section-- 6
local government does not include a local government 7
prescribed for section 68A under a regulation. 8
local planning instrument see the Planning Act, schedule 9
10.'. 10
Clause 45 Amendment of schedule (Dictionary) 11
(1) Schedule, definitions, Crown, cultural heritage significance, 12
heritage register, maintenance work, minor repair work, 13
object, other minor work, owner, place, protected object, 14
registered place, territorial waters of the State and waters-- 15
omit. 16
(2) Schedule-- 17
insert-- 18
`appropriately qualified, for the exercise of a power or 19
performance of a function under this Act, includes having the 20
qualifications, experience or standing appropriate to exercise 21
the power or perform the function. 22
Example of standing-- 23
a person's classification level in the public service 24
approved form means a form approved under section 104A. 25
archaeological artefact-- 26
1 Archaeological artefact means any artefact that is 27
evidence of an aspect of Queensland's history, whether 28
it is located in, on or below the surface of land. 29
2 Archaeological artefact does not include a thing that is 30
aboriginal cultural heritage under the Aboriginal 31
Cultural Heritage Act 2003 or Torres Strait Islander 32
s 45 83 s 45
Queensland Heritage and Other Legislation
Amendment Bill 2007
cultural heritage under the Torres Strait Islander 1
Cultural Heritage Act 2003. 2
archaeological criteria means the criteria for entry in the 3
Queensland heritage register stated in section 43C. 4
archaeological investigation, of a place, means a physical 5
investigation of the place carried out by an appropriately 6
qualified person for the purpose of investigating, recording or 7
conserving archaeological artefacts on the place. 8
archaeological place means a place entered on the 9
Queensland heritage register as an archaeological place under 10
part 4A. 11
archaeological submission see section 43D(2)(b)(iii). 12
assessor, for part 10, division 2, see section 108. 13
business day does not include a day between 26 December in 14
a year and 1 January in the following year. 15
commencement, for part 10, division 2, see section 108. 16
cultural heritage criteria means the criteria for entry in the 17
Queensland heritage register stated in section 34(1). 18
cultural heritage significance, of a place or feature of a place, 19
means its aesthetic, architectural, historical, scientific, social, 20
or other significance, to the present generation or past or 21
future generations. 22
development approval means a development approval as 23
defined under the Planning Act. 24
feature, in relation to a place, includes the following-- 25
(a) a building or structure, or part of a building or structure; 26
(b) an artefact, including an archaeological artefact; 27
(c) a precinct; 28
(d) a natural or landscape feature. 29
heritage agreement means a heritage agreement entered into 30
under this Act, whether before or after the commencement of 31
this definition. 32
heritage recommendation see section 42A(1). 33
s 45 84 s 45
Queensland Heritage and Other Legislation
Amendment Bill 2007
heritage submission see section 40(1). 1
indictable offence includes an indictable offence dealt with 2
summarily, whether or not the Criminal Code, section 659, 3
applies to the indictable offence. 4
information notice, about a decision, means a notice 5
stating-- 6
(a) that the person to whom the notice is given may appeal 7
to the Planning and Environment Court against the 8
decision within 20 business days after receiving the 9
notice; and 10
(b) the ground for an appeal; and 11
(c) how to appeal. 12
interfere with, for part 7, division 1, see section 55. 13
interim protection order see section 54A(1). 14
land includes Queensland waters and land covered by the 15
waters. 16
local heritage place means a place entered in a local heritage 17
register. 18
local heritage register see section 68B(1). 19
maintenance notice see section 54E(2). 20
owner-- 21
1 An owner in relation to land, means-- 22
(i) for freehold land--the registered owner; or 23
(ii) for land the subject of a mining interest--the 24
person who holds the interest; or 25
(iii) for a road or other land under a local government's 26
control--the local government; or 27
(iv) for other land held from the State under another 28
Act under an interest less than fee simple and 29
conferring a right to possession of the land--the 30
person who holds the interest; or 31
(v) for unallocated State land under the Land Act 32
1994, land in a State forest or timber reserve under 33
s 45 85 s 45
Queensland Heritage and Other Legislation
Amendment Bill 2007
the Forestry Act 1959, or other land under the 1
control of the State--the State. 2
2 Also, a mortgagee of land is the owner of land if the 3
mortgagee is in possession of the land. 4
3 The owner of an artefact that is not permanently 5
attached to, or under, land means a person legally 6
entitled to possession of the artefact. 7
personal information, of an applicant, means the applicant's 8
name and address, or other information that may identify the 9
applicant. 10
place-- 11
1 Place means a defined or readily identifiable area of 12
land, whether or not held under 2 or more titles or 13
owners. 14
2 Place includes-- 15
(i) any feature on land mentioned in item 1; and 16
(ii) any part of the immediate surrounds of a feature 17
mentioned in subparagraph (i) that may be required 18
for its conservation. 19
place of seizure see section 84C. 20
Planning Act means the Integrated Planning Act 1997. 21
Planning and Environment Court means the Planning and 22
Environment Court under the Planning Act. 23
planning scheme has the meaning given by the Planning Act, 24
section 2.1.1. 25
post-amended Act, for part 10, division 2, see section 108. 26
pre-amended Act, for part 10, division 2, see section 108. 27
Queensland heritage register means the register kept under 28
part 3. 29
register, for part 10, division 2, see section 108. 30
registered place means a State heritage place, an 31
archaeological place or a protected area. 32
s 45 86 s 45
Queensland Heritage and Other Legislation
Amendment Bill 2007
State heritage place means a place entered in the Queensland 1
heritage register as a State heritage place under part 4. 2
stop order see section 88(1).'. 3
(3) Schedule, definition aesthetic significance, `object'-- 4
omit, insert-- 5
`artefact'. 6
(4) Schedule, definition building, `objects'-- 7
omit, insert-- 8
`artefacts'. 9
(5) Schedule, definition development, `Integrated Planning Act 10
1997'-- 11
omit, insert-- 12
`Planning Act'. 13
(6) Schedule, definition exemption certificate, `issued under 14
section 46'-- 15
omit, insert-- 16
`given under part 5, division 2'. 17
(7) Schedule, definition previous Act, before `means'-- 18
insert-- 19
`, for part 10, division 1,'. 20
(8) Schedule, definition protected area, `part 7'-- 21
omit, insert-- 22
`part 7A'. 23
(9) Schedule, definition public notice, paragraphs (b) and (c)-- 24
omit, insert-- 25
`(b) in a newspaper circulating generally in the area in which 26
the place or artefact to which the notice relates is 27
situated.'. 28
s 46 87 s 48
Queensland Heritage and Other Legislation
Amendment Bill 2007
Part 3 Amendment of Integrated 1
Planning Act 1997 2
Clause 46 Act amended in pt 3 3
This part amends the Integrated Planning Act 1997. 4
Clause 47 Amendment of s 1.3.5 (Definitions for terms used in 5
development) 6
Section 1.3.5(1), definition building work, item 2-- 7
omit, insert-- 8
`2 Building work, for administering IDAS under the 9
Queensland Heritage Act 1992 in relation to a 10
Queensland heritage place, includes any of the 11
following-- 12
(a) altering, repairing, maintaining or moving a built, 13
natural or landscape feature on the place; 14
(b) excavating, filling or other disturbances to land that 15
damage, expose, or move archaeological artefacts, 16
as defined under that Act, on the place; 17
(c) altering, repairing or removing artefacts on the 18
place that contribute to its cultural heritage 19
significance, including, for example, furniture and 20
fittings; 21
(d) altering, repairing or removing building finishes 22
that contribute to the place's cultural heritage 23
significance, including, for example, paint, 24
wallpaper and plaster.'. 25
Clause 48 Amendment of s 4.3.1 (Carrying out assessable 26
development without permit) 27
(1) Section 4.3.1(2)(a), `4.3.6 and 4.3.6A'-- 28
omit, insert-- 29
`4.3.6, 4.3.6A and 4.3.6B'. 30
s 49 88 s 51
Queensland Heritage and Other Legislation
Amendment Bill 2007
(2) Section 4.3.1(3)(b)-- 1
omit, insert-- 2
`(b) on a Queensland heritage place or local heritage place.'. 3
Clause 49 Amendment of s 4.3.6 (General exemption for emergency 4
development use) 5
Section 4.3.6(1)(a), after `tidal works'-- 6
insert-- 7
`or building work to which section 4.3.6B applies'. 8
Clause 50 Amendment of s 4.3.6A (Coastal emergency exemption 9
for operational work that is tidal works) 10
Section 4.3.6A(6)-- 11
omit. 12
Clause 51 Insertion of new s 4.3.6B 13
After section 4.3.6A-- 14
insert-- 15
`4.3.6B Exemption for building work on Queensland 16
heritage place 17
`(1) This section applies to building work (the emergency building 18
work) if-- 19
(a) the work is carried out on a Queensland heritage place; 20
and 21
(b) other than for this section, a development permit would 22
have been required to carry out the work; and 23
(c) it is necessary to carry out the work because of an 24
emergency endangering-- 25
(i) the life or health of a person; or 26
(ii) the structural safety of a building. 27
`(2) Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5 do not apply to a person 28
who carries out the emergency building work if-- 29
s 52 89 s 52
Queensland Heritage and Other Legislation
Amendment Bill 2007
(a) before starting the work and if practicable, the person 1
obtains the advice of a registered professional engineer 2
about the work; and 3
(b) the person takes all reasonable steps-- 4
(i) to ensure the work is reversible; or 5
(ii) if the work is not reversible--to limit the impact of 6
the work on the cultural heritage significance of 7
the Queensland heritage place; and 8
(c) as soon as reasonably practicable after starting the work, 9
the person-- 10
(i) makes a development application for any 11
development permit that would otherwise be 12
required for the work; and 13
(ii) gives the assessment manager for the application 14
written notice of the work. 15
`(3) However, subsection (2) does not apply if the person is 16
required by an enforcement notice or order to stop carrying 17
out the emergency building work. 18
`(4) Also, subsection (2) ceases to apply if the development 19
application mentioned in subsection (2)(c) is refused. 20
`(5) If, under subsection (4), subsection (2) ceases to apply, the 21
person must remove the emergency building work as soon as 22
practicable. 23
Maximum penalty--1665 penalty units.'. 24
Clause 52 Amendment of sch 8 (Assessable development and 25
self-assessable development) 26
(1) Schedule 8, part 1, table 5, item 2, all words before paragraph 27
(c)-- 28
s 53 90 s 54
Queensland Heritage and Other Legislation
Amendment Bill 2007
omit, insert-- 1
`Development on Queensland heritage place
2 All aspects of development on a Queensland heritage place, other than
development--
(a) for which an exemption certificate under the Queensland Heritage
Act 1992 has been issued; or
(b) that, under section 49B of that Act, is liturgical development; or'.
(2) Schedule 8, part 1, table 5-- 2
insert-- 3
`Development on local heritage place
2A All aspects of development on a local heritage place, other than
development mentioned in schedule 9.'.
Clause 53 Amendment of sch 8A (Assessment manager for 4
development applications) 5
(1) Schedule 8A, table 3, item 7-- 6
omit, insert-- 7
`Development on Queensland heritage place
7 If tables 1 and 2 do not apply and the application is for-- Chief executive
administering the
(a) assessable development on a Queensland heritage
place; and Queensland
Heritage Act 1992
(b) no other assessable development.
Development on local heritage place
7A If tables 1 and 2 do not apply and the application is for-- The local
government for
(a) assessable development on a local heritage place;
the place'.
and
(b) no other assessable development.
(2) Schedule 8A, table 4, item 1(a)(iv)-- 8
omit, insert-- 9
`(iv) assessable development on a Queensland heritage 10
place; and'. 11
Clause 54 Amendment of sch 10 (Dictionary) 12
(1) Schedule 10, definition emergency work-- 13
s 55 91 s 55
Queensland Heritage and Other Legislation
Amendment Bill 2007
omit. 1
(2) Schedule 10-- 2
insert-- 3
`local heritage place means a local heritage place under the 4
Queensland Heritage Act 1992. 5
Queensland heritage place means a registered place under 6
the Queensland Heritage Act 1992. 7
registered professional engineer means a registered 8
professional engineer under the Professional Engineers Act 9
2002 or a person registered as a professional engineer under 10
an Act of another State.'. 11
Part 4 Minor and consequential 12
amendments 13
Clause 55 Acts amended in schedule 14
(1) The schedule amends the Acts it mentions. 15
(2) However, subsection (1) does not apply in relation to a 16
particular Act if another provision of this Act states that the 17
schedule amends the particular Act. 18
92
Queensland Heritage and Other Legislation
Amendment Bill 2007
Schedule Minor and consequential 1
amendments 2
sections 3 and 55 3
Geothermal Exploration Act 2004 4
1 Section 87(2)(c)(viii), `heritage register'-- 5
omit, insert-- 6
`Queensland heritage register'. 7
Queensland Heritage Act 1992 8
1 Section 14, `section 10(4)'-- 9
omit, insert-- 10
`section 10(5)'. 11
2 Part 3, heading, after `The'-- 12
insert-- 13
`Queensland'. 14
3 Part 4, heading-- 15
omit, insert-- 16
`Part 4 Matters about registration of 17
State heritage places in 18
Queensland heritage register 19
93
Queensland Heritage and Other Legislation
Amendment Bill 2007
Schedule (continued)
`Division 1 Criteria for entry in register as State 1
heritage place'. 2
4 Section 54, heading, after `agreement'-- 3
insert-- 4
`--Planning and Environment Court order'. 5
5 Part 7, heading, `objects and archaeological areas'-- 6
omit, insert-- 7
`artefacts'. 8
6 Part 7, division 3, heading-- 9
omit, insert-- 10
`Part 7A Protected areas 11
`Division 1 Declaration of, and entry to, 12
protected areas'. 13
7 Sections 64(3)(c), (d) and (e) and 70(1)(a), `objects'-- 14
omit, insert-- 15
`artefacts'. 16
8 Part 7A (as renumbered under this Act), division 4, 17
heading-- 18
omit, insert-- 19
`Division 2 Appeals'. 20
94
Queensland Heritage and Other Legislation
Amendment Bill 2007
Schedule (continued)
9 Section 70(1)(b)(ii), `Integrated Planning Act 1997'-- 1
omit, insert-- 2
`Planning Act'. 3
10 Section 80(1)(a), `Integrated Planning Act 1997'-- 4
omit, insert-- 5
`Planning Act'. 6
11 Part 8, division 2, subdivision 3, heading, 7
`investigators'-- 8
omit, insert-- 9
`authorised persons'. 10
12 Part 10, heading-- 11
omit, insert-- 12
`Part 10 Transitional provisions 13
`Division 1 Provisions for Queensland Heritage 14
and Other Legislation Amendment 15
Act 2003'. 16
Valuation of Land Act 1944 17
1 Section 14(5)(d), `1992, part 6'-- 18
omit, insert-- 19
`1992'. 20
95
Queensland Heritage and Other Legislation
Amendment Bill 2007
Schedule (continued)
Whistleblowers Protection Act 1994 1
1 Schedule 2, entry for Queensland Heritage Act 1992-- 2
omit, insert-- 3
`Queensland Heritage Act 1992 4
· Section 61 (Offence to destroy protected area) 5
· Section 89 (Contravention of stop order) 6
· Section 100(2) (Restoration orders)'. 7
© State of Queensland 2007
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