Queensland Consolidated Acts Queensland Consolidated ActsAboriginal land has the meaning given by the Aboriginal Land Act 1991.
aesthetic significance, of a place or artefact, includes its visual merit or interest.
appropriately qualified, for the exercise of a power or performance of a function under this Act, includes having the qualifications, experience or standing appropriate to exercise the power or perform the function.
Example of standing—
a person's classification level in the public service
approved form means a form approved under section 176.
archaeological artefact—
1 Archaeological artefact means any artefact that is evidence of an aspect of Queensland's history, whether it is located in, on or below the surface of land.
2 Archaeological artefact does not include a thing that is aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 or Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003.
archaeological criteria means the criteria for entry in the Queensland heritage register stated in section 60.
archaeological investigation, of a place, means a physical investigation of the place carried out by an appropriately qualified person for the purpose of investigating, recording or conserving archaeological artefacts on the place.
archaeological place means a place entered on the Queensland heritage register as an archaeological place under part 5.
archaeological submission see section 61(2)(b)(iii).
assessor, for part 15, division 2, see section 181.
authorised person means a person appointed under section 125.
building includes furniture, fittings and other artefacts—
(a) associated with the building; and
(b) that contribute to the building's cultural heritage significance.
business day does not include a day between 26 December in a year and 1 January in the following year.
commencement, for part 15, division 2, see section 181.
conservation includes protection, stabilisation, maintenance, preservation, restoration, reconstruction and adaptation.
council means the Queensland Heritage Council.
cultural heritage criteria means the criteria for entry in the Queensland heritage register stated in section 35(1).
cultural heritage significance, of a place or feature of a place, means its aesthetic, architectural, historical, scientific, social, or other significance, to the present generation or past or future generations.
destroyed place recommendation, for a State heritage place, see section 46A(1).
development means development as defined under the Planning Act.
development approval means a development approval as defined under the Planning Act.
exemption certificate means a certificate given under part 6, division 2.
feature, in relation to a place, includes the following—
(a) a building or structure, or part of a building or structure;
(b) an artefact, including an archaeological artefact;
(c) a precinct;
(d) a natural or landscape feature.
government entity see the Public Service Act 2008, section 24.
heritage agreement means a heritage agreement entered into under this Act, whether before or after the commencement of this definition.
heritage recommendation see section 44(1).
heritage submission see section 41(1).
indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.
information notice, about a decision, means a notice stating—
(a) that the person to whom the notice is given may appeal to the Planning and Environment Court against the decision within 20 business days after receiving the notice; and
(b) the ground for an appeal; and
(c) how to appeal.
interfere with, for part 9, division 1, see section 88.
interim protection order see section 83(1).
land includes Queensland waters and land covered by the waters.
local heritage place means a place entered in a local heritage register.
local heritage register see section 113(1).
maintenance notice see section 87(2).
member means a member of the council.
mining interest means a lease, claim or other interest in, or a permit, licence, authority or other right in relation to, land that is granted under—
(a) the Mineral Resources Act 1989 or the Petroleum Act 1923; or
(b) another Act related to mining for minerals, petroleum or natural gas.
notice means written notice.
owner—
1 An owner in relation to land, means—
(a) for freehold land—the registered owner; or
(b) for land the subject of a mining interest—the person who holds the interest; or
(c) for land the subject of a GHG authority under the Greenhouse Gas Storage Act 2009—the person who holds the authority; or
(d) for a road or other land under a local government's control—the local government; or
(e) for land in the area of a geothermal tenure under the Geothermal Energy Act 2010—the person who holds the tenure; or
(f) for other land held from the State under another Act under an interest less than fee simple and conferring a right to possession of the land—the person who holds the interest; or
(g) for land (licence area) the subject of a plantation licence or plantation sublicence under the Forestry Act 1959—the State, the plantation licensee and any plantation sublicensee for the licence area;
(h) for unallocated State land under the Land Act 1994, land in a State forest, other than a licence area, or timber reserve under the Forestry Act 1959, or other land under the control of the State—the State.
2 Also, a mortgagee of land is the owner of land if the mortgagee is in possession of the land.
3 The owner of an artefact that is not permanently attached to, or under, land means a person legally entitled to possession of the artefact.
party to a heritage agreement includes any person who is bound by the agreement.
personal details requirement see section 140.
personal information, of an applicant, means the applicant's name and address, or other information that may identify the applicant.
place—
1 Place means a defined or readily identifiable area of land, whether or not held under 2 or more titles or owners.
2 Place includes—
(a) any feature on land mentioned in item 1; and
(b) any part of the immediate surrounds OF A feature MENTIONED IN PARAGRAPH (a) that may be required for its conservation.
place of seizure see section 143.
Planning Act means the Sustainable Planning Act 2009.
Planning and Environment Court means the Planning and Environment Court under the Planning Act.
planning scheme see the Planning Act, section 79.
post-amended Act, for part 15, division 2, see section 181.
pre-amended Act, for part 15, division 2, see section 181.
previous Act, for part 15, division 1, means this Act as in force before 28 November 2003.
protected area means an area declared to be a protected area under part 10.
public notice means notice published in—
(a) the gazette; and
(b) in a newspaper circulating generally in the area in which the place or artefact to which the notice relates is situated.
Queensland heritage place means a State heritage place, an archaeological place or a protected area.
Queensland heritage register means the register kept under part 3.
register, for part 15, division 2, see section 181.
registrar of titles means the registrar of titles or other person responsible for keeping a register of interests in land.
State heritage place means a place entered in the Queensland heritage register as a State heritage place under part 4.
stop order see section 154(1).
Torres Strait Islander land has the meaning given by the Torres Strait Islander Land Act 1991.