Queensland Consolidated Acts

QUEENSLAND HERITAGE ACT 1992

TABLE OF PROVISIONS

           Long Title

           Contents

           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
           P
           ART
           2 Q
           UEENSLAND
           H
           ERItage
           C
           OUNCIL

           Division 1--Establishment and functions

   6.      Establishment of council
   7.      Council's relationship with the State
   8.      Functions of council
   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
   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
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           3 T
           HE Queensland HERItage REGISTER
   31.     The Queensland heritage register
   32.     Register to be available for public inspection
   33.     Extracts from register
   34.     Changing entries in register
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           ART
           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
   37.     Particular restriction on application
   38.     Initial notice of application
   39.     Chief executive to publish notice of application
   40.     Chief executive to keep applications available for inspection

           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 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 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 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

           Division 6--Other matters

   57.     Certificate of immunity
   58.     Obligation to give notice about proposed development
   59.     Obligation to give notice about development approvals

           Part 5--Matters about registration of archaeological places in Queensland heritage register

           Division 1--Criteria for entry in register as archaeological place

   60.     Criteria for entry in register

           Division 2--Entry of places in, or removal of places from, register

   61.     Notice of proposal to enter place in, or remove place from, register
   62.     Recommendation about entering place in, or removing place from, register
   63.     Notice of recommendation
   64.     Request to make oral representations about recommendation
   65.     How oral representations may be made
   66.     Council to make decision on recommendation
   67.     Notice of council's decision
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           6 D
           EVELOPMENT IN REGISTERED PLACES

           Division 1--Assessing development applications

   68.     Assessing development applications under the Planning Act—State heritage places
   69.     Assessing development applications under the Planning Act—archaeological places
   70.     Chief executive may seek council's advice on development application
   71.     Development by the State

           Division 2--Exemption certificates

   72.     Application for exemption certificate
   73.     Inquiry about application
   74.     Deciding application for exemption certificate
   75.     Chief executive may give 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
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           7 He
           RItage AGREEMENTS
   80.     Heritage agreements
   81.     Provisions of heritage agreement
   82.     Enforcement of heritage agreement—Planning and Environment Court order

           Part 8--Interim protection orders and notices about maintaining State heritage places

           Division 1--Interim protection orders

   83.     Chief executive may give interim protection order
   84.     Form and content of order
   85.     Duration of order
   86.     Effect of order

           Division 2--Notices about maintaining State heritage places

   87.     Chief executive may give notice about essential maintenance work

           Part 9--Discovery and protection of archaeological artefacts

           Division 1--Offences relating to archaeological artefacts and shipwrecks

   88.     Definition for div 1
   89.     Requirement to give notice about discovery of archaeological artefact
   90.     Offence about interfering with discovery
   91.     Offence about interfering with shipwreck

           Division 2--Provisions about ownership of particular archaeological artefacts
           Subdivision 1--Declaration of ownership

   92.     Declaration about ownership of particular archaeological artefacts
           Subdivision 2--Compensation
   93.     Entitlement to compensation
   94.     Applying for compensation
   95.     Lapsing of application
   96.     Deciding application
   97.     Notice about decision
           Subdivision 3--Appeals
   98.     Who may appeal
   99.     Starting an appeal
   100.    Hearing procedures
   101.    Powers of court on appeal
   102.    Appeal to District Court

           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

           Part 11--Provisions about places of cultural heritage significance in local government areas

           Division 1--Preliminary

   112.    Non-application of pt 11

           Division 2--Local heritage registers

   113.    Local government to keep register
   114.    Content of register

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

   115.    Chief executive may recommend entering place in local heritage register
   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--Code for IDAS for local heritage places

   121.    Code for IDAS

           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
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           12 E
           NFORCEMENT

           Division 1--Authorised persons

   125.    Appointment and qualifications
   126.    Functions 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

   154.    Stop orders
   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.    Executive officers must ensure corporation complies with Act

           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 14--Miscellaneous

   165.    Assistance by local governments
   166.    Misleading statements
   167.    Evidence
   168.    Proceedings
   169.    Restoration orders
   170.    Non-development order
   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
   176.    Approval of forms
   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 Planning Act
   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
           SCHEDULE DICTIONARY
           Endnotes