QUEENSLAND HERITAGE ACT 1992 - As at 1 February 2024 - Act 9 of 1992
QUEENSLAND HERITAGE ACT 1992
- As at 1 February 2024
- Act 9 of 1992
TABLE OF PROVISIONS
Long Title
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
SCHEDULE - Dictionary
