HERITAGE ACT 1995

Victorian Consolidated Legislation

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HERITAGE ACT 1995

No. 93 of 1995
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

Section Page

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
25. Repealed
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
82. Repealed
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 2-Repealed

94-96. Repealed

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
99. Repealed
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
171-173 Repealed

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
192. Repealed
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
206. Repealed
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

PART 11-Repealed

215-218 Repealed
__________________
SCHEDULE 1-Membership and Procedure of Bodies

PART 1-THE HERITAGE COUNCIL
1. Chairperson and Deputy Chairperson
2. Terms of appointment
3. Resignation and removal
4. Fees and allowances
5. Alternate members
6. Terms and conditions for alternate members
7. Procedure at meetings
8. Minutes of meetings

PART 2-COMMITTEES
9. Procedure
10. Fees and allowances for committee members

PART 3-ADVISORY COMMITTEES
11. Procedure
12. Remuneration

PART 4-DISCLOSURE OF INTERESTS
13. Disclosure of interests
14. No pecuniary interest in certain circumstances
SCHEDULE 2-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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