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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage (Further Amendment) Act 2004
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Section 25 repealed 3
6. Archaeological place 3
7. Deferral of consideration of nomination 3
8. Recommendation in relation to works and activities 3
9. Statement to be given to owner and nominator and municipal
council 3
10. Procedure of Heritage Council where submission on
recommendation 4
11. Copies of Heritage Register 4
12. Certificates 4
13. Notice of intention to sell registered place or object 4
14. New section 52A inserted 5
52A. Change of owner of registered place or registered
object 5
15. Manner of service of order 6
16. Display of interim protection order 6
17. Application for permits 6
18. Public display of applications 7
19. Matters to be considered in determining applications 7
20. Appeals 7
21. Application for review by Tribunal 8
22. Declaration as to Crown ownership of remains of ships or
relics 8
23. Copies of Heritage Inventory 9
24. Museum of Victoria to be place of lodgement 9
25. Executive Director may issue consents 9
26. Heritage Fund 10
27. Powers of entry--generally 11
28. Search warrant for residence 11
29. Court order for entry to residence 11
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Clause Page
30. New section 183A substituted and section 183B inserted 12
183A. Powers of court with respect to contravention 12
183B. Powers of Executive Director with respect to
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contravention 14
ENDNOTES 16
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551153B.I1-2/4/2004 BILL LA CIRCULATION 2/4/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 31 March 2004
Victorian Legislation and Parliamentary Documents
A BILL
to further amend the Heritage Act 1995 and for other purposes.
Heritage (Further Amendment) Act
2004
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to further amend the
Heritage Act 1995--
(a) to enable the registration of objects, whether
or not they are attached or adjacent to a
registered place or a place nominated for
inclusion in the Heritage Register;
(b) to enable the Heritage Council to adjourn the
period within which the Council must
determine a permit appeal;
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Heritage (Further Amendment) Act 2004
s. 2
Act No.
(c) to require the consent of the relevant owner
to an application for consent under section
129 of that Act in relation to an
Victorian Legislation and Parliamentary Documents
archaeological relic;
(d) to increase the range of orders a court may
make, and the powers of the Executive
Director, in relation to contraventions of that
Act;
(e) to improve generally the administration and
operation of that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See: In this Act, the Heritage Act 1995 is called the
Act No.
Principal Act.
93/1995.
Reprint No. 3
as at
1 April 2001
and
amending
Act Nos
11/2001,
11/2002 and
74/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definitions
In section 3 of the Principal Act--
(a) for the definition of "inspector" substitute--
' "inspector" means--
(a) an inspector appointed under
Part 8; or
(b) a member of the police force;';
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(b) after the definition of "government land"
insert--
Victorian Legislation and Parliamentary Documents
' "government object" means an object
owned by or vested in--
(a) the Crown; or
(b) a Minister; or
(c) a public authority;'.
5. Section 25 repealed
Section 25 of the Principal Act is repealed.
6. Archaeological place
In section 26 of the Principal Act for "Without
limiting section 25, if" substitute "If".
7. Deferral of consideration of nomination
In section 30 of the Principal Act, after "land"
(where twice occurring) insert "or object".
8. Recommendation in relation to works and activities
In section 33(2) of the Principal Act, after "place"
insert "or object".
9. Statement to be given to owner and nominator and
municipal council
(1) In section 34(2)(g) of the Principal Act, after
"place" (where twice occurring) insert "or
object".
(2) After section 34(4) of the Principal Act insert--
"(5) Despite sub-section (3), the Executive
Director may determine that, in relation to an
object, some details of identification should
not be included in the statement under sub-
section (1) if he or she believes that, if the
details were known, there is a real danger
that a person may remove or damage the
object.".
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10. Procedure of Heritage Council where submission on
recommendation
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(1) In section 41(4) of the Principal Act, after "land"
(where twice occurring) insert "or object".
(2) In section 41(5) of the Principal Act--
(a) after "land" (where first occurring) insert "or
an object"; and
(b) after "land" (where secondly occurring)
insert "or object".
11. Copies of Heritage Register
(1) In section 49(1)(b) of the Principal Act, for
"Infrastructure" substitute "Sustainability and
Environment".
(2) In section 49(2) of the Principal Act, for
"Infrastructure" substitute "Sustainability and
Environment".
12. Certificates
In section 50(3)(f) of the Principal Act, after
"place" insert "or object".
13. Notice of intention to sell registered place or object
At the foot of section 52(1) of the Principal Act
insert--
"Penalty: In the case of a natural person:
60 penalty units;
In the case of a body corporate:
120 penalty units.".
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14. New section 52A inserted
After section 52 of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"52A. Change of owner of registered place or
registered object
(1) A person who purchases or acquires a
registered place or registered object must,
within 28 days of the date of the completion
of the purchase or acquisition, notify the
Executive Director in writing of--
(a) that person's name and address; and
(b) in the case of the purchase or
acquisition of a building, whether the
person intends to occupy the building.
Penalty: In the case of a natural person:
60 penalty units;
In the case of a body corporate:
120 penalty units.
(2) A person who has notified the Executive
Director of information under sub-section (1)
must, within 28 days of the date of any
change to the information provided, notify
the Executive Director in writing of the
change.
Penalty: In the case of a natural person:
60 penalty units;
In the case of a body corporate:
120 penalty units.
(3) Nothing in this section applies to the remains
of a ship or article associated with a ship to
which Part 5 applies.".
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15. Manner of service of order
(1) In section 58(1)(e) of the Principal Act for
Victorian Legislation and Parliamentary Documents
"place." substitute "place; or".
(2) After section 58(1)(e) of the Principal Act
insert--
"(f) in the case of an object, by displaying it on
or near the object.".
(3) For section 58(2)(b) of the Principal Act
substitute--
"(b) in the case of a place or object, is served on
the owner by displaying it at that place or on
or near that object--".
16. Display of interim protection order
(1) After section 59(1) of the Principal Act insert--
"(1A) A person who has been served with an
interim protection order under section 58(1)
in relation to an object must cause a notice of
the existence of that order to be continuously
displayed in a conspicuous position on or
near the object for the period that the order is
in force.
Penalty: In the case of a natural person:
120 penalty units;
In the case of a body corporate:
240 penalty units.".
(2) In section 59(3) of the Principal Act, after "sub-
section (1)" insert "or (1A)".
17. Application for permits
(1) In section 67(4)(b) of the Principal Act, after
"object that is" insert "a government object or is".
(2) In section 67(4) of the Principal Act, for "building
or land" substitute "building, land or object".
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18. Public display of applications
For section 68(1)(b) of the Principal Act
Victorian Legislation and Parliamentary Documents
substitute--
"(b) may require--
(i) the owner of the registered place to
cause a copy of the application to be
continuously displayed in a
conspicuous position on that place for a
specified period not exceeding 14 days;
or
(ii) the owner of the registered object to
cause a copy of the application to be
continuously displayed in a
conspicuous position on or near that
object for a specified period not
exceeding 14 days.".
19. Matters to be considered in determining
applications
In section 73(1) of the Principal Act--
(a) in paragraph (a), for "registered place or
object" substitute "registered place or
registered object";
(b) in paragraph (b), for "registered place or
object" substitute "registered place or
registered object".
20. Appeals
(1) After section 75(6) of the Principal Act insert--
"(6A) The appellant may apply in writing to the
Heritage Council for an adjournment of the
appeal.
(6B) An application under sub-section (6A) must
set out the reasons for the request.
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(6C) If the Heritage Council is satisfied that the
request is reasonable the Heritage Council
may adjourn the appeal.
Victorian Legislation and Parliamentary Documents
(6D) If the Heritage Council adjourns the appeal,
the time within which the Heritage Council
must decide the appeal--
(a) ceases to run at the time when the
decision to adjourn the appeal is made
by the Heritage Council; and
(b) recommences to run at the end of the
period of adjournment determined by
the Heritage Council or 6 months from
the date of lodgement of the appeal,
whichever is the earlier.".
(2) In section 75(7)(b) of the Principal Act, after
"object that is" insert "a government object or is".
(3) In section 75(7) of the Principal Act, for "building
or land" substitute "building, land or object".
21. Application for review by Tribunal
(1) In section 77(2) of the Principal Act, for
"registered place or object" substitute "registered
place or registered object".
(2) In section 77(6)(b) of the Principal Act, after
"object that is" insert "a government object or is".
(3) In section 77(6) of the Principal Act, for "building
or land" substitute "building, land or object".
22. Declaration as to Crown ownership of remains of
ships or relics
In section 118(5) of the Principal Act, for
"Director of the Museum of Victoria" substitute
"Chief Executive Officer of the Museums Board
of Victoria".
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23. Copies of Heritage Inventory
In section 123(1)(b) of the Principal Act, for
Victorian Legislation and Parliamentary Documents
"Infrastructure" substitute "Sustainability and
Environment".
24. Museum of Victoria to be place of lodgement
In section 126(2) of the Principal Act, for
"Director of the Museum of Victoria" (where
twice occurring) substitute "Chief Executive
Officer of the Museums Board of Victoria".
25. Executive Director may issue consents
(1) In section 129(2) of the Principal Act--
(a) in paragraph (b) for "fee." substitute "fee;
and";
(b) after paragraph (b) insert--
"(c) must include--
(i) in the case of an application under
sub-section (1)(a) or (1)(b), the
consent (in a form approved by
the Executive Director) of the
owner of the land on which the
archaeological relic is situated if
the applicant is not the owner of
that land; and
(ii) in any other case, the consent (in a
form approved by the Executive
Director) of the owner of the
archaeological relic, if the
applicant is not the owner of the
relic.".
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(2) After section 129(3) of the Principal Act insert--
"(3A) After considering an application the
Victorian Legislation and Parliamentary Documents
Executive Director may determine--
(a) to issue the consent; or
(b) to refuse to issue the consent.
(3B) If the Executive Director determines to
refuse to issue the consent, the Executive
Director must give the applicant written
notice of the refusal including a statement of
the reasons for the refusal.".
(3) After section 129(5) of the Principal Act insert--
'(6) In this section "owner" in relation to--
(a) an archaeological site that is a
government building or government
land; or
(b) an archaeological relic that is a
government object or is in or on a
government building or government
land--
means a Minister or any other person or
body of persons (whether corporate or
unincorporate) responsible for the care,
management or control of that building, land
or object.'.
26. Heritage Fund
(1) In section 140(4)(b) of the Principal Act, after
"object that is" insert "a government object or is".
(2) In section 140(4) of the Principal Act, for
"building or land" substitute "building, land or
object".
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27. Powers of entry--generally
For sections 150(1)(a) and 150(1)(b) of the
Victorian Legislation and Parliamentary Documents
Principal Act substitute--
"(a) investigating the cultural heritage
significance of that building or land or of an
object located in or on that building or land;
or
(b) in the case of a registered place, determining
whether or not this Act has been complied
with in relation to that place or an object at
that place; or
(c) in the case of a registered object,
determining whether or not this Act has been
complied with in relation to that object.".
28. Search warrant for residence
(1) In section 150A(1) of the Principal Act, after
"residence" insert ", or a particular place which is
a residence in or on which a registered object is
located,".
(2) In section 150A(2) of the Principal Act, after
"residence" insert ", or on a particular place that
is a residence in or on which a registered object is
located,".
29. Court order for entry to residence
In section 150E(1) of the Principal Act, after
"cultural heritage significance" insert "or the
cultural heritage significance of an object in or on
that residence".
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30. New section 183A substituted and section 183B
inserted
Victorian Legislation and Parliamentary Documents
For section 183A of the Principal Act
substitute--
"183A. Powers of court with respect to
contravention
(1) If, in proceedings for an offence under this
Act, a person is found guilty or convicted of
that offence, the court may do one or more of
the following--
(a) make any order that it considers
appropriate to remedy or restrain the
contravention that constitutes the
offence;
(b) order the person to do one or more of
the following--
(i) to take any action specified by the
court to publicise the offence, any
consequences arising or resulting
from the offence and any penalties
imposed, or other orders made, as
a result of the commission of the
offence;
(ii) to take any action specified by the
court to notify one or more
persons or classes of person of the
matters listed in sub-paragraph (i)
(for example, to publish a notice
in an annual report or to distribute
a notice to persons affected by the
offence);
(iii) to carry out, or provide funding
for, a specified project for the
restoration or enhancement of
another place or object for the
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public benefit (even if the project
is unrelated to the offence).
Victorian Legislation and Parliamentary Documents
(2) Without limiting the powers of the court
under sub-section (1), an order made under
that sub-section may--
(a) if the contravention constituting the
offence comprises the construction of a
building or the carrying out of works,
require the demolition or removal of the
building or works; or
(b) if the contravention constituting the
offence has the effect of altering the
appearance or physical nature of a place
or the state of land on which there is a
registered place or registered object,
require the restoration or reinstatement,
so far as is possible, of the place or
object to the condition it was in
immediately before the contravention.
(3) The court may make any order under this
section on the application of the Executive
Director, or on its own motion.
(4) In making an order, the court may specify by
when specified actions must be taken and
may also impose any other requirement that
it considers necessary to make the order
effective.
(5) An order made under this section may be
enforced in the court by which it was made
by any means available to that court of
enforcing an order made by it in a civil
proceeding.
(6) This section does not affect the operation of
section 168.
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183B. Powers of Executive Director with respect
to contravention
Victorian Legislation and Parliamentary Documents
(1) If a person is found in contempt of court for
failing to comply with an order under section
183A, the Executive Director--
(a) may do anything that is necessary or
expedient to carry out any action that
remains to be done under the order and
that it is still practicable to do; and
(b) may publicise the failure of the person
to comply with the order.
(2) If a person fails to comply with an order
made under section 183A(1) or 183A(2), the
Executive Director may give the person a
written notice advising the person that the
Executive Director intends to carry out
specified actions that remain to be done
under the order unless the person can, within
14 days after being given the notice, satisfy
the Executive Director that the person will
carry out those actions within a period of
time acceptable to the Executive Director.
(3) If a person who has been given a notice
under sub-section (2) fails to give the
Executive Director a satisfactory response
within the 14 days, or fails to comply with
any undertaking given to the Executive
Director in response to a notice under that
sub-section, the Executive Director--
(a) may do anything that is necessary or
expedient to carry out any action that
remains to be done under the order and
that it is still practicable to do; and
(b) may publicise the failure of the person
to comply with the order.
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(4) Nothing in sub-sections (2) and (3) prevents
contempt of court proceedings from being
started or continued against a person who has
Victorian Legislation and Parliamentary Documents
failed to comply with a court order.
(5) The Executive Director may recover in any
court of competent jurisdiction any cost the
Executive Director incurs in taking action
under sub-section (1) or (3) as a debt due and
payable by the person against whom the
order was made.".
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Heritage (Further Amendment) Act 2004
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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