Victorian Consolidated Legislation

Heritage Act 1995 - SECT 3

Definitions

3. Definitions

In this Act-

* * * * *





advisory committee means-

   (a)  an advisory committee established under Division 1 of Part 2; and

   (b)  the Historic Shipwrecks Advisory Committee established under Part 5;

alter in relation to a place means to modify or change the appearance or
physical nature of a place whether by way of structural or other works, by
painting, plastering or other decoration or any other means; Approved World
Heritage Management Plan means a World Heritage Management Plan approved under
Part 3A and includes any approved amendments to that plan;

Approved World Heritage Strategy Plan means a World Heritage Strategy Plan
approved under Part 3A and includes any approved amendments to that plan;

archaeological relic means-

   (a)  any archaeological deposit; or

   (b)  any artefact, remains or material evidence associated with an
        archaeological deposit- which-

   (c)  relates to the non-Aboriginal settlement or visitation of the area or
        any part of the area which now comprises Victoria; and

   (d)  is 50 or more years old- but does not include the remains of a ship or
        an article associated with a ship;

archaeological site means an area in which archaeological relics are situated;

building includes structure, work and fixture and any part of a building,
structure, work or fixture;

committee means a committee established under Division 1 of Part 2;

conservation includes-

   (a)  the retention of the cultural heritage significance of a place or
        object; and

   (b)  any maintenance, preservation, restoration, reconstruction or
        sustainable use of a place or object;

cultural heritage means places and objects of cultural heritage significance;

cultural heritage significance means aesthetic, archaeological, architectural,
cultural, historical, scientific or social significance;

develop in relation to a place means-

   (a)  to construct or alter a place or a building on the place; or

   (b)  to demolish or remove a building or works on the place; or

   (c)  to carry out any works on, over or under the place; or

   (d)  to subdivide or consolidate land comprising a place, including the
        buildings or airspace; or

   (e)  to place or relocate a building or works on a place; or

   (f)  to construct or put up for display signs or hoardings;

dispose in relation to an item, includes-

   (a)  any assumption of any of the rights of an owner in relation to that
        item; and

   (b)  without limiting paragraph (a)-

   (i)  any dealing (whether for reward or not) in that item; and

   (ii) selling, offering to sell, bartering or exchanging and agreeing to
        sell, barter or exchange that item;

Executive Director means the Executive Director employed under Part 2;



function includes power and duty;

government building means a building on government land;

government land means-

   (a)  Crown land; or

   (b)  land vested in a Minister; or

   (c)  land vested in a public authority- but does not include Crown land
        which is permanently or temporarily reserved under section 4 of the
        Crown Land (Reserves) Act 1978 and which is vested in trustees or is
        under the control of a committee of management under that Act;
        government object means an object owned by or vested in-

   (a)  the Crown; or

   (b)  a Minister; or

   (c)  a public authority;

Heritage Council means the Heritage Council established under Part 2;

Heritage Inventory means the Heritage Inventory established under Part 6;

heritage object means an object included in the Heritage Register as a
heritage object;

heritage place means a place included in the Heritage Register as a heritage
place;

Heritage Register means the Victorian Heritage Register established under
Part 3;

historic shipwreck means-

   (a)  the remains or any part of the remains of a ship which is included in
        the Heritage Register as a historic shipwreck under section 98; or

   (b)  the remains or any part of the remains of a ship to which section 100
        applies; or

   (c)  an article appearing to be the remains of a ship which is
        provisionally registered as a historic shipwreck under section 102; or

   (d)  any historic shipwreck included in the Heritage Register under section
        19(f);

historic shipwreck relic means-

   (a)  an article which is included in the Heritage Register as a historic
        shipwreck relic under section 98; or

   (b)  an article to which section 100 applies; or

   (c)  an article which is provisionally registered as a historic shipwreck
        relic under section 102; or

   (d)  any historic relic included in the Heritage Register under section
        19(f); inspector means-

   (a)  an inspector appointed under Part 8; or

   (b)  a member of the police force; listed place means a place in Victoria
        which is included in the World Heritage List and is recorded in the
        Heritage Register;

object includes-

   (a)  an article associated with a ship; and

   (b)  an archaeological relic;

owner means-

   (a)  in relation to land which has been alienated in fee by the Crown and
        is under the operation of the Transfer of Land Act 1958 (other than
        land in an identified folio under that Act), the person who is
        registered or entitled to be registered as proprietor of an estate in
        fee simple in the land; and

   (b)  in relation to land which has been alienated in fee by the Crown and
        is land in an identified folio under the Transfer of Land Act 1958 or
        land not under the operation of the Transfer of Land Act 1958, the
        person who is the owner of the fee or equity of redemption; and

   (c)  in relation to Crown land reserved under the
        Crown Land (Reserves) Act 1978 and managed or controlled by a
        committee of management, the Minister administering that Act; and

   (d)  in relation to any other Crown land, the Minister or public authority
        that manages or controls the land;

place includes-

   (a)  a building; and

   (b)  a garden; and

   (c)  a tree; and

   (d)  the remains of a ship or part of a ship; and

   (e)  an archaeological site; and

   (f)  a precinct; and

   (g)  a site; and

   (h)  land associated with any thing specified in paragraphs (a) to (g);

possess in relation to an item, includes-

   (a)  having the custody or control of the item by any means; and

   (b)  controlling access to the item (either alone or in the company or with
        the assistance of others);

protected zone means an area included in the Heritage Register as a protected
zone;

public authority means any body corporate or unincorporate established by or
under an Act for a public purpose, but does not include a municipal council;

registered archaeological place means an area of land included in the Heritage
Register as an archaeological place;

registered archaeological relic means an object included in the Heritage
Register as an archaeological relic;

registered object means an object included in the Heritage Register;

registered place means a place included in the Heritage Register;

responsible authority has the same meaning as in the
Planning and Environment Act 1987;

shipwrecks regulations means regulations made under section 186;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

Trust means the National Trust of Australia (Victoria);

works includes-

   (a)  any physical intervention, excavation or action that may result in a
        change to the nature, appearance or physical nature of a place; and

   (b)  any change to the natural or existing condition or topography of land;
        and

   (c)  any removal or destruction of trees; and

   (d)  any removal of vegetation or topsoil; World Heritage List has the same
        meaning as in the
        Environment Protection and Biodiversity Conservation Act 1999 of the
        Commonwealth; World Heritage Environs Area means an area declared to
        be a World Heritage Environs Area under Part 3A;

world heritage values has the same meaning as in the
Environment Protection and Biodiversity Conservation Act 1999 of the
Commonwealth.