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QUEENSLAND HERITAGE ACT 1992 - As at 1 February 2024 - Act 9 of 1992

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Object of this Act
  • 3 Non-application to Aboriginal or Torres Strait Islander places etc.
  • 4 Definitions
  • 5 Act binds all persons

PART 2 - QUEENSLAND HERITAGE COUNCIL

Division 1 - Establishment and functions

  • 6 Establishment of council
  • 7 Council’s relationship with the State
  • 8 Functions of council
  • 8A Council’s powers
  • 9 Delegation by council

Division 2 - Membership

  • 10 Membership of council
  • 11 Chairperson and deputy chairperson of council
  • 12 Term of appointment
  • 13 Eligibility for membership
  • 13A Minister’s power to obtain criminal history
  • 13B Criminal history is confidential
  • 14 Vacation of office
  • 15 When notice of resignation takes effect
  • 16 Leave of absence for a member
  • 17 Effect of vacancy in membership of council
  • 18 Remuneration of members

Division 3 - Council business

  • 19 Conduct of business
  • 20 Times and places of meetings
  • 21 Quorum
  • 22 Presiding at meetings
  • 23 Conduct of meetings
  • 24 Minutes

Division 4 - Council committees

  • 25 Committees
  • 26 Remuneration of committee members

Division 5 - Disclosure of interests by members and committee members

  • 27 Disclosure of interests of members
  • 28 Disclosure of interests of committee members

Division 6 - Other provisions about the council

  • 29 Annual report
  • 30 Excluded matter for Corporations legislation

PART 3 - THE QUEENSLAND HERITAGE REGISTER

  • 31 The Queensland heritage register
  • 32 Register to be available online
  • 33 Extracts from register and certificate about certain matters
  • 34 Changing entries in register

PART 4 - MATTERS ABOUT REGISTRATION OF STATE HERITAGE PLACES IN QUEENSLAND HERITAGE REGISTER

Division 1 - Criteria for entry in register as State heritage place

  • 35 Criteria for entry in register

Division 2 - Applications for entry of places in, or removal of places from, register

  • 36 Applying to enter place in, or remove place from, register
  • 36A Non-complying application
  • 37 Particular restriction on application
  • 38 Initial notice of application
  • 39 Chief executive to publish notice of application
  • 40 Applications to be available online

Division 3 - Submissions and representations about applications

  • 41 When submission about application may be given to chief executive
  • 42 Basis for making submission
  • 43 Chief executive may seek further information

Division 4 - Heritage recommendations

  • 44 Chief executive to give heritage recommendation to council
  • 45 Further consideration of application
  • 46 Notice of heritage recommendation

Division 4A - Destroyed place recommendations

  • 46A Chief executive may give destroyed place recommendation

Division 5 - Council to decide about entry of place in, or removal of place from, register

Subdivision 1 - Preliminary
  • 47 Council’s role in relation to heritage or destroyed place recommendations
  • 48 Council may seek further information
  • Subdivision 2 - Oral representations about heritage recommendations
  • 49 Request to make oral representations about heritage recommendation
  • 50 How oral representations may be made
  • Subdivision 2A - Heritage responses to heritage recommendations
  • 50A Notice about making heritage response to heritage recommendation
  • 50B When heritage response must be given to council
  • Subdivision 3 - Decisions on heritage recommendations
  • 51 Council to make decision on heritage recommendation
  • 52 Agreement about extending time for making decision
  • 53 Council’s decision about entering place in, or removing place from, register
  • 54 Notice of council’s decision
  • 55 When council is taken to have made decision
  • 56 Notice of decision under s 55
  • Subdivision 4 - Decisions on destroyed place recommendations
  • 56A Council to make decision on destroyed place recommendation

Division 5A - Excluded places

  • 56B Place excluded from entry in Queensland heritage register as State heritage place

Division 6 - Other matters

57. (Repealed)
  • 58 Obligation to give notice about proposed development
  • 59 Obligation to give notice about development approvals

PART 5 - (Repealed)

PART 6 - DEVELOPMENT IN QUEENSLAND HERITAGE PLACES AND LOCAL HERITAGE PLACES

Division 1 - Development on Queensland heritage place by State

68. (Repealed) 68A. (Repealed) 69. (Repealed) 70. (Repealed)
  • 71 Development by the State

Division 2 - Exemption certificates

  • 71A Definitions for div 2
  • 72 Application for exemption certificate
  • 73 Inquiry about application
  • 74 Deciding application for exemption certificate
  • 75 Giving exemption certificate without application
  • 76 Compliance with conditions of exemption certificate

Division 3 - Development for liturgical purposes

  • 77 Purpose of div 3
  • 78 When is development liturgical development
  • 79 Notice of development

PART 7 - HERITAGE AGREEMENTS AND LOCAL HERITAGE AGREEMENTS

  • 80 Heritage agreements or local heritage agreements
  • 81 Provisions of heritage agreement or local heritage agreement
  • 82 Enforcement of heritage agreement or local heritage agreement—Planning and Environment Court order

PART 8 - NOTICES ABOUT ESSENTIAL REPAIR AND MAINTENANCE OF STATE HERITAGE PLACES AND LOCAL HERITAGE PLACES

  • 83 Application of pt 8
  • 84 Decision-maker may give notice about essential repair or maintenance work
  • 85 Report to chief executive about repair and maintenance notice
  • 86. (Repealed) 87. (Repealed)

PART 9 - DISCOVERY AND PROTECTION OF ARCHAEOLOGICAL ARTEFACTS AND UNDERWATER CULTURAL HERITAGE ARTEFACTS

Division 1 - Offences relating to archaeological artefacts and underwater cultural heritage artefacts

  • 88 Definition for div 1
  • 89 Requirement to give notice about discovery
  • 90 Offence about interfering with archaeological artefact
  • 91 Offence about interfering with underwater cultural heritage artefact

Division 2 - Provisions about ownership of particular artefacts

Subdivision 1 - Preliminary
  • 91A Definition for div 2
  • Subdivision 2 - Declaration of ownership
  • 92 Declaration about ownership of particular artefacts
  • Subdivision 3 - Compensation
  • 93 Entitlement to compensation
  • 94 Applying for compensation
  • 95 Lapsing of application
  • 96 Deciding application
  • 97 Notice about decision
  • Subdivision 4 - External reviews by QCAT
  • 98 External review of compensation decisions
  • 99. (Repealed) 100. (Repealed) 101. (Repealed) 102. (Repealed)

Division 3 - (Repealed)

PART 10 - PROTECTED AREAS

Division 1 - Declaration of, and entry to, protected areas

  • 103 Declaration of protected areas
  • 104 Offence to destroy protected area
  • 105 Applying for permit to enter a protected area
  • 106 Additional information may be required
  • 107 Approving an application for a permit to enter a protected area
  • 108 Refusing an application for a permit to enter a protected area
  • 109 Chief executive may cancel a permit to enter a protected area
  • 110 Procedure for cancelling a permit to enter a protected area

Division 2 - Appeals

  • 111 Appeals about permit to enter protected area

Division 4 - Miscellaneous

PART 11 - PROVISIONS ABOUT PLACES OF CULTURAL HERITAGE SIGNIFICANCE IN LOCAL GOVERNMENT AREAS

Division 1 - Identifying places of local cultural heritage significance

  • 112 Local government to identify places in planning scheme or local heritage register

Division 1A - Chief executive’s recommendation about a place

  • 112A Chief executive may recommend place becomes a local heritage place
  • 112B Local government to act on chief executive’s recommendation

Division 2 - Local heritage registers

  • 113 Form and availability of local heritage register
  • 114 Content of register

Division 3 - Entry of places in, and removal of places from, local heritage registers

115. (Repealed)
  • 116 Local government to propose entry of place in, or removal of place from, local heritage register
  • 117 Notice of proposal
  • 118 Local government to consider submissions and other information
  • 119 Local government resolution to enter place in, or remove place from, local heritage register
  • 120 Notice of decision

Division 4 - Assessing development under Planning Act

  • 121 Particular matters for assessing development on a local heritage place on a local heritage register

Division 5 - Other matters

  • 122 Changing entries in register
  • 123 Local heritage register may be adopted in planning scheme
  • 124 Provision about entitlement to claim compensation

PART 12 - ENFORCEMENT

Division 1 - Authorised persons

  • 125 Appointment and qualifications
  • 126 Functions and general powers of authorised persons
  • 127 Appointment conditions and limit on powers
  • 128 Issue of identity card
  • 129 Production or display of identity card
  • 130 When authorised person ceases to hold office
  • 131 Resignation
  • 132 Return of identity card

Division 2 - Powers of authorised persons

Subdivision 1 - Entry of places
  • 133 Authorised person’s power to enter places
  • Subdivision 2 - Procedure for entry
  • 134 Entry with consent
  • 135 Application for warrant
  • 136 Issue of warrant
  • 137 Special warrants
  • 138 Warrants—procedure before entry
  • Subdivision 3 - General powers of authorised persons on entry to places
  • 139 General powers for places
  • 140 Power to require name and address
  • Subdivision 4 - Power to seize evidence
  • 141 Seizing evidence at a place that may be entered without consent or warrant
  • 142 Seizing evidence at a place that may only be entered with consent or warrant
  • Subdivision 5 - Dealing with seized things
  • 143 Securing seized things
  • 144 Tampering with seized things
  • 145 Powers to support seizure
  • 146 Authorised person may require thing’s return
  • 147 Receipts for seized things
  • 148 Forfeiture of seized things
  • 149 Return of seized things
  • 150 Access to seized things
  • Subdivision 6 - Miscellaneous provisions
  • 151 Authorised persons may use help and force in exercise of powers
  • 152 Notice of damage
  • 153 Compensation

Division 3 - Stop orders

  • 154AA Definition for div 3
  • 154 Minister may make stop order
  • 154A Form and content of stop order
  • 154B Duration of stop order
  • 155 Contravention of stop order

Division 4 - General offences

  • 156 False or misleading statements
  • 157 False or misleading documents
  • 158 Obstructing and impersonating authorised persons
  • 159 Failure to comply with personal details requirement
  • 160 Liability of executive officer—offence committed by corporation against s 155
  • 160A Executive officer may be taken to have committed offence

PART 13 - APPEALS TO PLANNING AND ENVIRONMENT COURT AGAINST PARTICULAR DECISIONS

  • 161 Who may appeal
  • 162 Grounds for appeal
  • 163 Starting appeal
  • 164 Court process for appeal

PART 13A - EVIDENCE AND PARTICULAR COURT ORDERS

  • 164A Evidence
  • 164B Restoration orders
  • 164C Non-development orders
  • 164D Education and public benefit orders

PART 14 - MISCELLANEOUS

  • 165 Assistance by local governments
  • 166 Misleading statements
  • 167. (Repealed)
  • 168 Proceedings
  • 170. (Repealed)
  • 171 Immunity
  • 172 Donations towards the objects of this Act
  • 173 Chief executive may make guidelines
  • 174 Recording of particular matters
  • 175 Delegation by Minister or chief executive
  • 175A Chief executive officer of local government may not delegate power under pt 8
  • 176 Approval of forms
  • 177 (Expired)
  • 178 Regulation-making power

PART 15 - TRANSITIONAL PROVISIONS

Division 1 - Provisions for Queensland Heritage and Other Legislation Amendment Act 2003

  • 179 Assessing and deciding applications made before 28 November 2003
  • 180 Compliance with approval given under pt 5 of previous Act

Division 2 - Provisions for Queensland Heritage and Other Legislation Amendment Act 2007

  • 181 Definitions for div 2
  • 182 Application under s 32
  • 183 Place permanently entered in register taken to be State heritage place
  • 184 Dealing with particular application for entry of place in, or removal of place from, register
  • 185 Dealing with particular places under consideration for entry in, or removal from, register on council’s own initiative
  • 186 Continuing process for dealing with objection under pre-amended Act
  • 187 Dealing with assessor’s report on objection under pre-amended Act
  • 188 Continuing appointment of assessors
  • 189 Appeals under pre-amended Act
  • 190 Dealing with particular development applications under repealed Integrated Planning Act 1997
  • 191 Application under s 46
  • 192 Continuing exemption certificates
  • 193 Provision about particular heritage agreements
  • 194 Places of cultural heritage significance for local government areas

Division 3 - Transitional provision for Environmental Protection and Other Legislation Amendment Act 2011

  • 195 References to registered place

Division 4 - Transitional provisions for Queensland Heritage and Other Legislation Amendment Act 2014

  • 196 Definitions for div 4
  • 197 Archaeological place taken to be State heritage place etc.
  • 198 Local governments prescribed under the pre-amended Act, s 112
  • 199 Non-application of particular provisions to local governments

Division 5 - Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016

  • 200 Definitions for division
  • 201 Existing particular development applications
  • 202 Existing appeals
  • 203 Entries in local government’s local heritage register made before commencement
  • 204 Court’s power to make particular restoration orders, and their enforcement
  • 205 Court’s power to make particular non-development orders, and their enforcement
  • 206 Court’s power to make particular education and public benefit orders

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