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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New section 32 substituted 2
32. Decision of Executive Director on nomination 2
4. Statement on recommendation to include in Register 3
5. Insertion of new section 34A 3
34A. Statement of recommendation that a place or object
should not be registered 3
6. Publication of notice of recommendation 4
7. Substitution of section 36 5
36. Obligations of the owner 5
8. Submissions 7
9. Repeal of section 39 7
10. Procedure of Heritage Council 8
11. New section 42 substituted 8
42. Decision of Heritage Council 8
12. Notice of intention to sell registered place or object 10
13. Liturgical exemptions 10
14. Matters to be considered in determining applications for permits 11
15. Delegation 11
16. Offence to be near historic shipwreck 11
17. Insertion of new section 118A 12
118A. Permits for the use of historic shipwreck relics 12
18. Insertion of new section 126A 13
126A. Permits for the use of archaeological relics 13
19. Powers of entry--generally 13
20. Insertion of new sections 150A to 150D 13
150A. Search warrant for residence 13
150B. Announcement before entry of residence on warrant 15
150C. Copy of warrant to be given to occupier 15
150D. Powers of inspectors on entry on warrant 16
21. Power to require production of permit or consent 16
22. New section 159A inserted 17
159A. Confidentiality 17
23. New Division 5 inserted in Part 10 17
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Clause Page
Division 5--Transitional Provision arising from Heritage
(Amendment) Act 2000 18
213A. Transitional provision 18
ENDNOTES 19
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541107B.I1-6/10/2000 BILL LA CIRCULATION 6/10/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 October 2000
A BILL
to amend the Heritage Act 1995 and for other purposes.
Heritage (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Heritage
Act 1995--
(a) to make further provision for the heritage
5 registration process;
(b) to enable the Executive Director to permit
the use of certain relics for certain purposes;
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Heritage (Amendment) Act 2000
s. 2
Act No.
(c) to make further provision for the powers of
inspectors to enter registered residential
premises;
(d) to provide for other miscellaneous matters.
5 2. Commencement
(1) Subject to sub-section (2), the provisions of this
Act come into operation on a day or days to be
proclaimed.
(2) If a provision referred to in sub-section (1) does
10 not come into operation before 1 August 2001, it
comes into operation on that day.
3. New section 32 substituted
For section 32 of the Heritage Act 1995,
substitute--
15 "32. Decision of Executive Director on
nomination
(1) After considering a nomination and any
further information given under section 28,
the Executive Director may--
20 (a) recommend to the Heritage Council
that the place or object be included in
the Heritage Register and the category
or categories in which it should be
included; or
25 (b) recommend to the Heritage Council
that the place or object should not be
included in the Heritage Register.
(2) If the Executive Director recommends to the
Heritage Council that a place not be included
30 in the Heritage Register, the Executive
Director may refer the nomination to the
relevant planning authority or the Minister
administering the Planning and
Environment Act 1987 for inclusion of the
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s. 4
Act No.
place in a planning scheme in accordance
with the objectives set out in section 4(1)(d)
of that Act.".
4. Statement on recommendation to include in Register
5 (1) In section 34 of the Heritage Act 1995 for sub-
section (1) substitute--
"(1) If the Executive Director recommends to the
Heritage Council that a place or object be
included in the Heritage Register, the
10 Executive Director must give a statement in
accordance with this section to--
(a) the owner of the place or object; and
(b) the nominator of the place or object;
and
15 (c) the relevant municipal council.".
(2) In section 34(2) of the Heritage Act 1995 for
paragraph (e) substitute--
"(e) advise the owner that the owner may--
(i) make a submission on the
20 recommendation to the Heritage
Council at any time within that period
of 60 days; and
(ii) request a hearing in relation to that
submission; and".
25 5. Insertion of new section 34A
After section 34 of the Heritage Act 1995
insert--
"34A. Statement of recommendation that a place
or object should not be registered
30 (1) If the Executive Director recommends to the
Heritage Council that a place or object
should not be included in the Heritage
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Heritage (Amendment) Act 2000
s. 5
6
Act No.
Register, the Executive Director must give a
statement in accordance with this section
to--
(a) the owner of the place or object; and
5 (b) the nominator of the place or object;
and
(c) the relevant municipal council.
(2) A statement under sub-section (1) must--
(a) be in writing; and
10 (b) set out the terms of the
recommendation; and
(c) set out the reasons for the
recommendation; and
(d) set out an assessment of the cultural
15 heritage significance of the place or
object; and
(e) advise the owner or nominator that the
Heritage Council will make a decision
on the recommendation after a period
20 of 60 days from the date of the notice
of that recommendation published
under section 35; and
(f) advise the owner that the owner may--
(i) make a submission on the
25 recommendation to the Heritage
Council at any time within that
period of 60 days; and
(ii) request a hearing in relation to
that submission; and
30 (g) advise the owner and the nominator of
the provisions of sections 41 and 42.".
6. Publication of notice of recommendation
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Act No.
In section 35 of the Heritage Act 1995 for "under
section 32(c)" substitute "under section 32(1)".
7. Substitution of section 36
For section 36 of the Heritage Act 1995
5 substitute--
'36. Obligations of the owner
(1) In this section "Heritage Council decision"
means a decision of the Heritage Council
under section 42.
10 (2) This section applies to the owner of a place
or object to whom a statement has been
given under section 34 or 34A.
(3) The owner of a place or object must advise
the Executive Director of--
15 (a) any works that are being carried out in
relation to the place or object at the
time the statement is given; and
(b) any application for a planning permit or
a building permit or for an amendment
20 to a planning permit that has been made
in relation to the place, but not
determined at the time the statement is
given; and
(c) any other activities that are being
25 carried out or are proposed to be carried
out in relation to the place or object at
the time the statement is given.
(4) An advice under sub-section (3) must be
given within 10 days after the statement is
30 given under section 34 or 34A.
(5) If, before the Heritage Council decision on a
place--
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(a) an application for a planning permit or
a building permit or for an amendment
to a planning permit in relation to the
place is made; or
5 (b) a planning permit or building permit or
an amendment to a permit in relation to
the place is granted--
the owner of the place must advise the
Executive Director of the application, permit
10 or amendment.
(6) An advice under sub-section (5) must be
given within 10 days after the making of the
application or the grant of the permit or
amendment.
15 (7) If, before the Heritage Council decision on a
place or object--
(a) any activities are carried out in relation
to the place or object that could
adversely affect the place or object; or
20 (b) any activities are proposed to be carried
out in relation to the place or object that
could adversely affect the place or
object--
the owner of the place or object must advise
25 the Executive Director of the activity or
proposal.
(8) An advice under sub-section (7) must be
given within 10 days after the owner
becomes aware of the activity or the
30 proposal, as the case requires.
(9) If, before the Heritage Council decision on a
place or object, a proposal is made to dispose
of the whole or any part of the place or
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9
Act No.
object, the owner of the place or object must
advise the Executive Director of that
proposal.
(10) An advice under sub-section (9) must be
5 given at least 10 days before entering into
the contract for the disposal of the place or
object.
(11) The owner of the place or object who
proposes to dispose of the whole or any part
10 of the place or object before the Heritage
Council decision on the place or object must,
before entering into a contract for that
disposal, give a copy of the statement under
section 34 or 34A to the person who, under
15 the proposed contract, is to acquire the place
or object or part of the place or object.
(12) An advice to the Executive Director under
this section must be in writing.
(13) An owner of a place or object must comply
20 with this section.
Penalty: in the case of a natural person:
50 penalty units; and
in the case of a body corporate:
100 penalty units.'.
25 8. Submissions
(1) In section 38(1) of the Heritage Act 1995, for
paragraph (b) substitute--
"(b) a recommendation of the Executive Director
that a nominated place or object should not
30 be included in the Heritage Register.".
(2) In section 38(2) of the Heritage Act 1995, for
"sub-section (1)(a)" substitute "sub-section (1)".
9. Repeal of section 39
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Act No.
Section 39 of the Heritage Act 1995 is repealed.
10. Procedure of Heritage Council
(1) In section 40 of the Heritage Act 1995 for
"section 38(1)(a)" substitute "section 38(1)".
5 (2) In section 41(1)(b) of the Heritage Act 1995 omit
"for registration".
11. New section 42 substituted
For section 42 of the Heritage Act 1995
substitute--
10 "42. Decision of Heritage Council
(1) After considering a recommendation and any
submissions and conducting any hearing into
those submissions, the Heritage Council
may--
15 (a) in the case of any recommendation,
determine that a place or object or part
of a place is not of cultural heritage
significance and does not warrant
inclusion in the Heritage Register; or
20 (b) if the recommendation is to include a
place or object in the Heritage
Register--
(i) determine that the place or object
is of cultural heritage significance
25 and should be included in the
Heritage Register; or
(ii) determine that part of the place is
of cultural heritage significance
and should be included in the
30 Heritage Register; or
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(c) if the recommendation is that the place
or object should not be included in the
Heritage Register--
(i) if the Heritage Council considers
5 that the place or object may be of
cultural heritage significance,
make a provisional determination
to include the place or object in
the Heritage Register; or
10 (ii) if the Heritage Council considers
that part of the place may be of
cultural heritage significance,
make a provisional determination
to include that part of the place in
15 the Heritage Register; or
(d) in the case of any recommendation,
refuse to register the place and--
(i) refer the recommendation and
submissions to the relevant
20 planning authority for
consideration for an amendment
to a planning scheme; or
(ii) determine that it is more
appropriate for steps to be taken
25 under the Planning and
Environment Act 1987 or by any
other means to protect or conserve
the place or object.
(2) If the Heritage Council determines to include
30 a place in the Heritage Register, it may also,
with the consent of the owner of the place,
determine to include in the Heritage Register
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Heritage (Amendment) Act 2000
s. 12
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Act No.
additional land of the owner which is
ancillary to that place.
(3) Division 2 and this Division apply to a
determination under sub-section (1)(c) as if it
5 were a recommendation of the Executive
Director to include the place or object or part
of the place in the Heritage Register.
(4) In determining that a place or object or part
of a place should be registered, the Heritage
10 Council may also determine the works and
activities that can be carried out at the place
or in relation to the object without the need
for a permit under this Act.
(5) If a member of the Heritage Council has
15 made a submission under section 38(1) in
respect of a recommendation, that member
must not take part in the consideration or
determination of the Heritage Council on
that submission.
20 (6) The Heritage Council must notify the
Executive Director of any determination
under this section.".
12. Notice of intention to sell registered place or object
In section 52(1) of the Heritage Act 1995, for
25 "that place or object" substitute "the whole or any
part of that place or object".
13. Liturgical exemptions
At the end of section 65 of the Heritage Act 1995
insert--
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"(2) A notice under sub-section (1) must be in the
prescribed form.".
14. Matters to be considered in determining applications
for permits
5 In section 73 of the Heritage Act 1995, after sub-
section (1) insert--
"(1A) In determining an application for a permit,
the Executive Director may consider--
(a) the extent to which the application, if
10 approved, would affect the cultural
heritage significance of any adjacent or
neighbouring property that is--
(i) subject to a heritage requirement
or control in the relevant planning
15 scheme; or
(ii) included in the Heritage Register;
and
(b) any other relevant matter.".
15. Delegation
20 At the end of section 84 of the Heritage Act 1995
insert--
"(2) Despite sub-section (1), a responsible
authority, having first obtained the written
consent of the Executive Director, may, by
25 instrument, sub-delegate to an officer of the
responsible authority any of the Executive
Director's functions under this Division
which have been delegated to the authority.".
16. Offence to be near historic shipwreck
30 In section 112 of the Heritage Act 1995 for sub-
section (2) substitute--
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"(2) This section does not apply to--
(a) a person holding a permit under the
Navigation Act 1912 of the
Commonwealth; or
5 (b) the holder of an access licence or
general permit under the Fisheries Act
1995 carrying out an activity under that
licence or permit.".
17. Insertion of new section 118A
10 After section 118 of the Heritage Act 1995
insert--
"118A. Permits for the use of historic shipwreck
relics
(1) This section applies to historic shipwreck
15 relics in the custody or control of the
Executive Director.
(2) The Executive Director may grant a permit
to any person for the use of an historic
shipwreck relic for the purposes of study,
20 conservation or exhibition.
(3) The Executive Director may impose any
conditions on the permit that the Executive
Director thinks fit.
(4) A permit under this section remains in force
25 for the period of time specified in the permit.
(5) An application for a permit must be in the
form approved by the Executive Director.
(6) The applicant must pay the prescribed fee (if
any) for a permit.
30 (7) A person who is the holder of a permit must
comply with the permit.
Penalty: 10 penalty units.".
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18. Insertion of new section 126A
After section 126 of the Heritage Act 1995
insert--
"126A. Permits for the use of archaeological relics
5 (1) This section applies to archaeological relics
in the custody or control of the Executive
Director.
(2) The Executive Director may grant a permit
to any person for the use of an
10 archaeological relic for the purposes of
study, conservation or exhibition.
(3) The Executive Director may impose any
conditions on the permit that the Executive
Director thinks fit.
15 (4) A permit under this section remains in force
for the period of time specified in the permit.
(5) An application for a permit must be in the
form approved by the Executive Director.
(6) The applicant must pay the prescribed fee (if
20 any) for a permit.
(7) A person who is the holder of a permit must
comply with the permit.
Penalty: 10 penalty units.".
19. Powers of entry--generally
25 In section 150(4)(a) of the Heritage Act 1995
after "photographs" insert "(including video
recordings)".
20. Insertion of new sections 150A to 150D
After section 150 of the Heritage Act 1995
30 insert--
"150A. Search warrant for residence
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Act No.
(1) An inspector may apply to a magistrate for
the issue of a search warrant in relation to a
particular registered place which is a
residence if the inspector believes on
5 reasonable grounds that there is, or may be
within the next 72 hours, on the place a
particular thing that may be evidence of the
commission of an offence against this Act or
the regulations.
10 (2) A magistrate may issue a search warrant
under this section if the magistrate is
satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable
grounds for suspecting that there is, or may
15 be within the next 72 hours, on a registered
place that is a residence a particular thing
that may be evidence of the commission of
an offence against this Act or the regulations.
(3) The search warrant may authorise an
20 inspector named in the warrant and any
assistants the inspector considers
necessary--
(a) to enter the place, or the part of the
place, named or described in the
25 warrant; and
(b) to search for a thing named or
described in the warrant.
(4) In addition to any other requirement, a
search warrant issued under this section must
30 state--
(a) the offence suspected; and
(b) the place to be searched; and
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(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
5 (e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
warrant ceases to have effect.
10 (5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
Act.
(6) The rules to be observed with respect to
15 search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
150B. Announcement before entry of residence on
warrant
20 (1) Before executing a search warrant, the
inspector named in the warrant or a person
assisting the inspector must announce that he
or she is authorised by the warrant to enter
the place and give any person at the place an
25 opportunity to allow entry to the place.
(2) The inspector or a person assisting the
inspector need not comply with sub-section
(1) if he or she believes on reasonable
grounds that immediate entry to the place is
30 required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
search warrant is not frustrated.
150C. Copy of warrant to be given to occupier
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s. 21
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If the occupier or another person who
apparently represents the occupier is present
at a place when a search warrant is being
executed, the inspector must--
5 (a) identify himself or herself to that
person by producing his or her identity
card for inspection by that person; and
(b) give to that person a copy of the
execution copy of the warrant.
10 150D. Powers of inspectors on entry on warrant
An inspector who exercises a power of entry
of a place under section 150A may if the
thing searched for is found during the
search--
15 (a) inspect and take photographs (including
video recordings), or make sketches, of
the place or the thing; and
(b) inspect and make copies of, or take
extracts from, the thing if it is a
20 document.".
21. Power to require production of permit or consent
(1) In section 151(2) of the Heritage Act 1995 for
"Sub-section (1)(b)" substitute "Subject to sub-
section (2A), sub-section (1)(b)".
25 (2) After section 151(2) of the Heritage Act 1995
insert--
"(2A) An inspector may, under sub-section (1)(b),
require a person who holds a permit or
consent to leave a place if the person fails to
30 produce the permit or consent to the
inspector on being requested to do so.".
(3) In section 151(3) of the Heritage Act 1995--
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s. 22
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Act No.
(a) in paragraph (a) for "this section" substitute
"sub-section (1)"; and
(b) in paragraph (b) after "furnish" insert "under
this section".
5 22. New section 159A inserted
After section 159 of the Heritage Act 1995
insert--
"159A. Confidentiality
(1) An inspector must not, except to the extent
10 necessary--
(a) to carry out functions or to exercise
powers under this Act or the
regulations; or
(b) in connection with the administration or
15 enforcement of this Act or the
regulations; or
(c) to give any information the inspector is
authorised, permitted or required to
give under this Act or any other Act or
20 the regulations under this Act--
give to any other person, whether directly or
indirectly, any information gained in the
exercise of the powers as an inspector.
Penalty: 20 penalty units.
25 (2) Sub-section (1) does not prevent the giving
of information--
(a) for the purpose of any legal
proceedings arising out of this Act or
the regulations, or of any report of
30 those proceedings; or
(b) with the consent of the Minister.".
23. New Division 5 inserted in Part 10
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Heritage (Amendment) Act 2000
Act No.
In Part 10 of the Heritage Act 1995 after
Division 4 insert--
"Division 5--Transitional Provision arising
from Heritage (Amendment) Act 2000
5 213A. Transitional provision
This Act as in force immediately before the
commencement of section 3 of the Heritage
(Amendment) Act 2000, continues to apply
in respect of any decision or
10 recommendation of the Executive Director
made before that commencement.".
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Heritage (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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