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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Submissions 2
5 New section 39 inserted 3
39 Recommendation not to include place or object in
Register and no objections to recommendation 3
6 Section 40 substituted 5
40 Recommendation not to include place or object in
Register and objections to recommendation 5
7 New section 41 substituted and new sections 41A and 41B
inserted 7
41 Recommendation to include place or object in Register 7
41A Role of Executive Director in determination of
recommendation 8
41B Sale of land or object the subject of recommendation 8
8 Decision of Heritage Council 8
9 Certificates 10
10 Issue of permits 10
11 New section 74A inserted 10
74A Noncompliance with permit 10
12 Repeal of Division 2 of Part 5 11
13 Repeal of section 99 11
14 Repeal of section 206 11
15 New Division 7 of Part 10 11
Division 7--Transitional provision arising from Heritage
Amendment Act 2008 11
214 Recommendations of Executive Director 11
16 Schedule 1 11
17 Repeal of amending Act 12
ENDNOTES 13
561192B.I-24/6/2008 i BILL LA INTRODUCTION 24/6/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Heritage Amendment Bill 2008
A Bill for an Act to amend the Heritage Act 1995 and for other
purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Heritage Act 1995--
(a) in relation to the process of registration of a
5 place or object; and
(b) to create a new offence of failing to comply
with a permit or a condition of a permit; and
(c) to clarify that a security may be required as a
condition of a permit; and
10 (d) to ensure that the certificate provisions refer
to World Heritage Environs Areas; and
561192B.I-24/6/2008 1 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 2
(e) to abolish the Historic Shipwrecks Advisory
Committee.
2 Commencement
(1) Subject to subsection (3), this Act (except
5 sections 4 to 8) comes into operation on a day or
days to be proclaimed.
(2) Subject to subsection (3), sections 4 to 8 come
into operation on a day to be proclaimed.
(3) If a provision of this Act does not come into
10 operation before 1 December 2008, it comes into
operation on that day.
3 Principal Act
See: In this Act, the Heritage Act 1995 is called the
Act No.
93/1995. Principal Act.
Reprint No. 4
as at
1 January
2006
and
amending
Act Nos
32/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
15 4 Submissions
After section 38(2) of the Principal Act insert--
"(2A) Any person may make a written submission
to the Heritage Council in accordance with a
notice by the Heritage Council under
20 section 39(3)(b) or 40(2)(a).
(2B) A submission under subsection (2A) must be
made within 60 days after the date that
notice is given or published by the Heritage
Council.".
561192B.I-24/6/2008 2 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 5
5 New section 39 inserted
After section 38 of the Principal Act insert--
"39 Recommendation not to include place or
object in Register and no objections to
5 recommendation
(1) This section applies if--
(a) the recommendation of the Executive
Director is that a place or object should
not be included in the Heritage
10 Register; and
(b) no submissions have been made under
section 38(1) objecting to the
recommendation.
(2) Unless the Heritage Council considers that
15 the place or object that is the subject of the
recommendation may be of cultural heritage
significance, the Heritage Council must
determine the matter in accordance with
section 42 within 40 days after the end of the
20 submission period.
(3) If the Heritage Council considers that the
place or object that is the subject of the
recommendation may be of cultural heritage
significance, the Heritage Council must
25 within 60 days after the end of the
submission period give notice advising
that--
(a) the Executive Director has
recommended that the place or object,
30 specified in the notice, should not be
included in the Heritage Register; and
(b) the Heritage Council considers that the
place or object may be of cultural
heritage significance; and
561192B.I-24/6/2008 3 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 5
(c) written submissions may be made to the
Heritage Council within 60 days of the
notice.
(4) Notice under subsection (3) must be--
5 (a) given in writing to--
(i) the owner; and
(ii) the nominator of the place or
object; and
(iii) the relevant municipal council;
10 and
(iv) any person who has made a
submission under section 38(1) in
support of the recommendation;
and
15 (b) published in a newspaper circulating
generally in the area in which the
nominated place or object is located.
(5) After the end of the submission period
notified under subsection (3)(c), the Heritage
20 Council must consider any submission made
within the required time.
(6) If no submissions are made within the
required time, the Heritage Council must
determine the matter in accordance with
25 section 42 within 40 days after the end of the
submission period.
(7) As part of its consideration under subsection
(5), the Heritage Council may ask a person
who has made a submission for more
30 information in relation to the submission.
561192B.I-24/6/2008 4 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 6
(8) After considering each submission under
subsection (5), the Heritage Council may--
(a) conduct a hearing into whether or not
the place or object is of cultural
5 heritage significance; or
(b) subject to subsection (8), determine the
matter without a hearing.
(9) The Heritage Council must conduct a
hearing under subsection (8)(a) if the Trust
10 or a person with a real or substantial interest
in the place or object requests a hearing by
the Heritage Council in a submission under
section 38(2A).".
6 Section 40 substituted
15 For section 40 of the Principal Act substitute--
"40 Recommendation not to include place or
object in Register and objections to
recommendation
(1) This section applies if--
20 (a) the recommendation of the Executive
Director is that a place or object should
not be included in the Heritage
Register; and
(b) one or more submissions have been
25 received under section 38(1) objecting
to the recommendation.
(2) The Heritage Council must within 14 days
after the end of the submission period for
section 38(1)--
30 (a) give notice advising that--
(i) the Executive Director has
recommended that the place or
object, specified in the notice,
561192B.I-24/6/2008 5 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 6
should not be included in the
Heritage Register; and
(ii) submissions have been received
objecting to the recommendation;
5 and
(iii) a hearing into whether or not the
place or object should be included
in the Heritage Register will be
conducted; and
10 (iv) written submissions may be made
to the Heritage Council within
60 days of the notice; and
(b) after the end of the submission period
under paragraph (a), conduct a hearing
15 into whether or not the place or object
should be included in the Heritage
Register.
(3) Notice under subsection (2)(a) must--
(a) be given in writing to--
20 (i) the owner; and
(ii) the nominator of the place or
object; and
(iii) the relevant municipal council;
and
25 (iv) each person who has made a
submission under section 38(1);
and
(b) published in a newspaper circulating
generally in the area in which the
30 nominated place or object is located.".
561192B.I-24/6/2008 6 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 7
7 New section 41 substituted and new sections 41A
and 41B inserted
For section 41 of the Principal Act substitute--
"41 Recommendation to include place or
5 object in Register
(1) This section applies if the recommendation
of the Executive Director is to include a
place or object in the Heritage Register.
(2) If no submissions have been received under
10 section 38(1) in relation to the
recommendation, the Heritage Council must
determine the matter in accordance with
section 42 within 40 days after the end of the
submission period.
15 (3) If one or more submissions have been
received, the Heritage Council must consider
each submission made within the required
time.
(4) As part of its consideration under subsection
20 (3), the Heritage Council may ask a person
who has made a submission for more
information in relation to the submission.
(5) After considering each submission under
subsection (3), the Heritage Council may--
25 (a) conduct a hearing into the whether or
not the place or object should be
included in the Heritage Register; or
(b) subject to subsection (6), determine the
matter without a hearing.
30 (6) The Heritage Council must conduct a
hearing under subsection (5)(a) if the Trust
or a person with a real and substantial
interest in the place or object requests a
hearing by the Heritage Council in a
35 submission under section 38(1).
561192B.I-24/6/2008 7 BILL LA INTRODUCTION 24/6/2008
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s. 8
41A Role of Executive Director in
determination of recommendation
The Executive Director--
(a) must provide any information requested
5 by the Heritage Council in relation to a
recommendation under section 32(1);
and
(b) may appear and be heard or be
represented at any hearing into a
10 recommendation.
41B Sale of land or object the subject of
recommendation
(1) If any land or object that is the subject of a
recommendation under section 32(1) has
15 been offered for sale by auction the Heritage
Council may, with the agreement of the
owner of the land or object, defer the
consideration of the recommendation until
after the auction.
20 (2) The owner of land or an object to which
subsection (1) applies must inform the
purchaser of the land or object of the deferral
of consideration of the recommendation.
(3) If the owner of land or an object which is the
25 subject of a recommendation under section
32(1) fails to comply with subsection (2), the
contract of sale is not invalid, but is voidable
at the option of the purchaser.".
8 Decision of Heritage Council
30 (1) For section 42(1) of the Principal Act
substitute--
"(1) After considering a recommendation in
respect of a place or object and any
submissions and conducting any hearing into
561192B.I-24/6/2008 8 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 8
those submissions, the Heritage Council
may--
(a) determine that the place or object is of
cultural heritage significance and
5 should be included in the Heritage
Register; or
(b) in the case of a recommendation in
respect of a place, determine that part
of the place is of cultural heritage
10 significance and should be included in
the Heritage Register; or
(c) determine that a place or object or part
of a place is not of cultural heritage
significance and does not warrant
15 inclusion in the Heritage Register; or
(d) in the case of a recommendation in
respect of a place, refuse to register the
place and--
(i) refer the recommendation and
20 submissions to the relevant
planning authority for
consideration for an amendment to
a planning scheme; or
(ii) determine that it is more
25 appropriate for steps to be taken
under the Planning and
Environment Act 1987 or by any
other means to protect or conserve
the place.".
30 (2) Section 42(3) of the Principal Act is repealed.
(3) In section 42(5) of the Principal Act after "38(1)"
insert "or 38(2A)".
561192B.I-24/6/2008 9 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 9
9 Certificates
After section 50(3)(a) of the Principal Act
insert--
"(ab) whether or not the place is in a World
5 Heritage Environs Area;".
10 Issue of permits
For section 74(4) of the Principal Act
substitute--
"(4) Without limiting subsection (3) but subject
10 to subsection (5), the Executive Director, in
granting a permit, may impose a condition
that a security be given to ensure--
(a) the satisfactory completion of the work;
or
15 (b) compliance with another condition
imposed on the permit.
(4A) The form and amount of security must be
determined by the Executive Director having
regard to--
20 (a) in the case of a security for the purpose
of subsection (4)(a), the nature and
extent of the work referred to in the
permit; or
(b) in the case of a security for the purpose
25 of subsection (4)(b), the nature of the
condition to be complied with.".
11 New section 74A inserted
After section 74 of the Principal Act insert--
"74A Noncompliance with permit
30 A person carrying out works or activities for
which a permit is issued under section 74
must ensure that the works and activities
561192B.I-24/6/2008 10 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 12
comply with the permit and any terms and
conditions of the permit.
Penalty: In the case of a natural person,
120 penalty units;
5 In the case of a body corporate,
600 penalty units.".
12 Repeal of Division 2 of Part 5
Division 2 of Part 5 of the Principal Act is
repealed.
10 13 Repeal of section 99
Section 99 of the Principal Act is repealed.
14 Repeal of section 206
Section 206 of the Principal Act is repealed.
15 New Division 7 of Part 10
15 After Division 6 of Part 10 of the Principal Act
insert--
"Division 7--Transitional provision arising
from Heritage Amendment Act 2008
214 Recommendations of Executive Director
20 This Act, as in force immediately before the
commencement of sections 4 to 8 of the
Heritage Amendment Act 2008, continues
to apply in respect of any recommendation of
the Executive Director made before that
25 commencement.".
16 Schedule 1
Clause 13(1)(c) of Schedule 1 to the Principal Act
is repealed.
561192B.I-24/6/2008 11 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
s. 17
17 Repeal of amending Act
This Act is repealed on 1 December 2009.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561192B.I-24/6/2008 12 BILL LA INTRODUCTION 24/6/2008
Heritage Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561192B.I-24/6/2008 13 BILL LA INTRODUCTION 24/6/2008
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