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HERITAGE ACT 1995


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Crown to be bound  
   5.      Application of Act  

   PART 2--HERITAGE ADMINISTRATION

           Division 1--The Heritage Council

   6.      Heritage Council  
   7.      Constitution and membership of the Heritage Council  
   8.      Functions of the Heritage Council  
   9.      Committees  
   10.     Advisory committees  
   11.     Consultation and advice  
   12.     Delegation of Heritage Council's functions  
   13.     Immunity from liability  

           Division 2--The Executive Director and staff

   14.     Executive Director  
   15.     Functions of the Executive Director  
   16.     Delegation of Executive Director's functions  
   17.     Staff  

   PART 3--THE VICTORIAN HERITAGE REGISTER

           Division 1--The Victorian Heritage Register

   18.     Victorian Heritage Register  
   19.     What is in the Register?  
   20.     Categories of registration  
   21.     What details are to be included in the Heritage Register?  

           Division 2--Procedure for registration

   22.     Division does not apply to shipwrecks  
   23.     Nomination for inclusion in Heritage Register  
   24.     Certain nominations not to be accepted  
   26.     Archaeological place  
   27.     Registration of additional land  
   28.     Further information  
   29.     Notice to owner  
   30.     Deferral of consideration of nomination  
   31.     Owner to notify purchaser of nomination and deferral  
   32.     Decision of Executive Director on nomination  
   33.     Recommendations in relation to works and activities  
   34.     Statement to be given to owner and nominator and municipal council  
   34A.    Statement of recommendation that a place or object should not be registered  
   35.     Notice of recommendation to be published  
   36.     Obligations of the owner  

           Division 3--Decision of Heritage Council

   37.     Application of Division  
   38.     Submissions  
   39.     Recommendation not to include place or object in Register and no objections to recommendation  
   40.     Recommendation not to include place or object in Register and objections to recommendation  
   41.     Recommendation to include place or object in Register  
   41A.    Role of Executive Director in determination of recommendation  
   41B.    Sale of land or object the subject of recommendation  
   42.     Decision of Heritage Council  

           Division 4--Minister's powers

   43.     Call-in powers  
   44.     Heritage Council to hear submissions and give report  
   45.     Decision of Minister  

           Division 5--Registration

   46.     Notice of registration  
   47.     Notice to Registrar of Titles  
   48.     Amendment of planning schemes  
   49.     Copies of Heritage Register  
   50.     Certificates  
   51.     Notice to owner  
   52.     Notice of intention to sell registered place or object  
   52A.    Change of owner of registered place or registered object  
   53.     Effect of registration of object  
   54.     Amendment or removal of item on Heritage Register  

           Division 6--Interim protection orders

   55.     Scope of Division  
   56.     Heritage Council or Executive Director may make interim protection order  
   57.     Effect of interim protection order  
   58.     Manner of service of order  
   59.     Display of interim protection order  
   60.     What may be done while an order is in force?  
   61.     Decision to register  
   62.     Period of interim protection order  

   PART 3A--WORLD HERITAGE

           Division 1--World Heritage Environs Areas

   62A.    Declaration of World Heritage Environs Area  

           Division 2--World Heritage Strategy Plans

   62B.    Preparation of World Heritage Strategy Plan  
   62C.    Notice of draft World Heritage Strategy Plan  
   62D.    Submissions on draft World Heritage Strategy Plan  
   62E.    Procedure of Heritage Council where no submissions  
   62F.    Heritage Council to consider submissions  
   62G.    Decision of Heritage Council  
   62H.    Approval of World Heritage Strategy Plan  
   62I.    Amendments to Approved World Heritage Strategy Plans  
   62J.    Approved World Heritage Strategy Plans to be made available to the public  
   62K.    Notice of Approved World Heritage Strategy Plan  
   62L.    Amendment of planning schemes  

           Division 3--World Heritage Management Plans

   62M.    Steering Committees for listed places  
   62N.    Functions of Steering Committee  
   62O.    Preparation of World Heritage Management Plan  
   62P.    Notice of draft World Heritage Management Plan  
   62Q.    Submissions on draft World Heritage Management Plan  
   62R.    Steering Committee to consider submissions  
   62S.    Decision of Steering Committee  
   62T.    Approval of World Heritage Management Plan  
   62U.    Amendments to Approved World Heritage Management Plans  
   62V.    Approved World Heritage Management Plans to be made available to the public  
   62W.    Review of Approved World Heritage Management Plan  
   62X.    Offence to fail to comply with Approved World Heritage Management Plan  
   62Y.    Annual report on condition of property  

   PART 4--PERMITS AND COVENANTS

           Division 1--Permits

   63.     Scope of Division  
   64.     Certain activities prohibited  
   65.     Exemption for liturgical purposes  
   66.     Exemptions from permits  
   67.     Applications for permits  
   68.     Public display of applications  
   69.     Submissions  
   70.     Executive Director to refer certain applications to the Heritage Council  
   71.     Executive Director to notify local authorities  
   72.     Action by Heritage Council on application  
   73.     Matters to be considered in determining applications  
   74.     Issue of permits  
   74A.    Noncompliance with permit  
   75.     Appeals  
   76.     Determination of Heritage Council  
   77.     Application for review by Tribunal  
   78.     Minister's power to call in or refer matter to Tribunal  
   78A.    National Trust entitled to notice  
   79.     Powers of Tribunal on review  
   80.     Exercise of call in power by Minister  
   81.     Determination of Minister of matter called in from Tribunal  
   83.     Applications for permits before registration in urgent cases  
   84.     Delegation  

           Division 2--Covenants

   85.     Owner of land may enter covenant with Heritage Council  
   86.     Owner may enter covenant with National Trust  
   87.     Governor in Council may release covenant  
   88.     Notice of covenants  
   89.     Heritage Council to consider submissions and make decisions  
   90.     Covenant which affects Crown land  
   91.     Registration of covenant or agreement  
   92.     Effect of registration  

   PART 5--HISTORIC SHIPWRECKS

           Division 1--Preliminary

   93.     Definitions  

           Division 3--Registration of historic shipwrecks, historic shipwreck relics and protected zones

   97.     Recommendation in relation to remains of ships and articles  
   98.     Decision of Heritage Council—remains of ships and articles  
   100.    All shipwrecks of a certain age historic  
   101.    Recommendation for provisional registration  
   102.    Decision of Heritage Council—provisional registration  
   103.    Protected zones  
   104.    Notice of registration  
   105.    Further publication of notices  
   106.    Amendment or removal of item on Heritage Register  

           Division 4--Protection of historic shipwrecks and historic shipwreck relics

   107.    Notice of location of historic shipwrecks and historic shipwreck relics  
   108.    Powers of Executive Director to ascertain location of historic shipwrecks and historic shipwreck relics  
   109.    Power of Executive Director to give directions in relation to custody of historic shipwrecks and historic shipwreck relics  
   110.    Offence to remove article from Victoria  
   111.    Prohibition of certain activities in relation to historic shipwrecks and historic shipwreck relics  
   112.    Offence to be near historic shipwrecks with certain equipment  
   113.    Permits for exploration or recovery of historic shipwrecks and historic shipwreck relics  
   114.    Defences  
   115.    Discovery of shipwrecks and articles to be notified  
   116.    Rewards  
   117.    Arrangements with the Commonwealth  
   118.    Declaration as to Crown ownership of remains of ships or relics  
   118A.   Permits for the use of historic shipwreck relics  
   119.    Danger to navigation  

   PART 6--PROTECTION OF ARCHAEOLOGICAL PLACES

           Division 1--The Heritage Inventory

   120.    Heritage Inventory  
   121.    What is in the Heritage Inventory?  
   122.    Recommendation for registration  
   123.    Copies of Heritage Inventory  

           Division 2--Protection of archaeological places, objects, sites and relics

   124.    Erection of notices  
   125.    Archaeological relics in a registered archaeological place deemed property of Crown  
   126.    Museum of Victoria to be place of lodgement  
   126A.   Permits for the use of archaeological relics  
   127.    Offence to damage or disturb unregistered relics and unregistered archaeological sites  
   128.    Safeguarding of relics  
   129.    Executive Director may issue consents  
   130.    Power of Executive Director to direct excavation of area  
   131.    Archaeological surveys  
   132.    Discovery of relics to be reported  
   133.    Actions to preserve archaeological relics  
   134.    Offence to buy, sell or possess relics without consent  

   PART 7--HERITAGE FUND

   135.    Heritage Fund  
   136.    Payments into Heritage Fund  
   137.    Payments out of the Heritage Fund  
   138.    Power of Heritage Council to borrow money  
   139.    Power of Heritage Council to accept gifts etc.  
   140.    Making of loans and grants from Heritage Fund  
   141.    Rates of interest on loans  
   142.    Acquisition of land by Heritage Council  
   143.    Power in Heritage Council to sell property  
   144.    Special assistance  
   145.    When do the remitted or deferred rates and taxes have to be paid?  

   PART 8--ENFORCEMENT AND LEGAL PROCEEDINGS

           Division 1--Appointment and powers of inspectors

   146.    Appointment of inspectors  
   147.    Identity cards  
   148.    Inspector must show identity card  
   149.    Inspector may demand name and address  
   150.    Powers of entry—generally  
   150A.   Search warrant for residence  
   150B.   Announcement before entry of residence on warrant  
   150C.   Copy of warrant to be given to occupier  
   150D.   Powers of inspectors on entry on warrant  
   150E.   Court order for entry to residence  
   150F.   Announcement before entry of residence using order  
   150G.   Powers on entry using order  
   151.    Powers of inspectors in relation to archaeological relics  
   152.    Seizure and forfeiture of archaeological relics  
   153.    Powers of inspectors in relation to historic shipwrecks  
   154.    Arrest without warrant—historic shipwrecks  
   155.    Search warrants—historic shipwrecks  
   156.    Seizure and forfeiture—historic shipwrecks  
   157.    Offence to hinder inspector  
   158.    Offence to impersonate an inspector  
   159.    Police officers must assist inspectors  
   159A.   Confidentiality  

           Division 2--Repair Orders

   160.    Registered place or object—disrepair and failure to maintain  
   161.    Notices to show cause why works should not be carried out  
   162.    Orders for the carrying out of works  
   163.    Review of order to carry out works  
   164.    Failure to comply with order under section 162  
   165.    Executive Director may carry out works  

           Division 3--Orders of the Supreme Court

   166.    Interpretation  
   167.    Remedy or restraint of contraventions of this Act  
   168.    Order of the Supreme Court  

           Division 4--Infringement notices

   169.    Infringement notice—general  
   170.    Infringement notice—additional steps  

           Division 5--Evidence and legal proceedings

   174.    Service of documents  
   175.    Prosecutions of offences  
   176.    Who may prosecute?  
   177.    Certificates to be evidence  
   178.    Statement of inspector is evidence  
   179.    Possession is evidence of contravention of Part 5  
   180.    Provisions relating to offences by bodies corporate  

           Division 6--Additional enforcement provisions

   181.    Scope of Division  
   182.    Declaration by Governor in Council  
   183.    Effect of declaration under section 182  
   183A.   Powers of court with respect to contravention  
   183B.   Powers of Executive Director with respect to contravention  

   PART 9--GENERAL

   184.    Supreme Court—Limitation of jurisdiction  
   185.    Regulations generally  
   186.    Regulations relating to historic shipwrecks and historic shipwreck relics  
   187.    Additional regulation-making powers  

   PART 10--TRANSITIONAL PROVISIONS

           Division 1--General transitional provisions

   188.    General transitional provisions  

           Division 2--Historic Buildings Act 1981

   189.    Definition  
   190.    Superseded references  
   191.    Historic Buildings Council  
   193.    Examinations begun under old Act  
   194.    Declaration of heritage places and objects  
   195.    Certificates  
   196.    Permits  
   197.    Submissions to Minister  
   198.    Notices and repair orders  
   199.    Interim preservation orders  
   200.    Covenants  
   201.    Historic Buildings Fund  
   202.    Guarantees  
   203.    Regulations  

           Division 3--Historic Shipwrecks Act 1981

   204.    Definition  
   205.    Superseded references  
   207.    Provisional declarations  
   208.    Consents and permits  
   209.    Regulations  
   210.    Inspectors  
   211.    Proceedings  

           Division 4--Archaeological and Aboriginal Relics Preservation Act 1972

   212.    Definition  
   213.    Consents  

           Division 5--Transitional provision arising from Heritage (Amendment) Act 2000

   213A.   Transitional provision  

           Division 6--Transitional provisions arising from Heritage (Amendment) Act 2003

   213B.   Application of amendments made by the Heritage (Amendment) Act 2003  

           Division 7--Transitional provision arising from Heritage Amendment Act 2008

   214.    Recommendations of Executive Director  
           SCHEDULE 1
           ENDNOTES


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