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
- 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