Western Australian Current Acts
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HERITAGE OF WESTERN AUSTRALIA ACT 1990
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Short title
3. Terms used
PART 2 -- Administration
4. Crown bound and objects of Act
5. The Council
6. Minister’s functions
PART 3 -- The Council
Division 1 -- Functions
7. Functions of Council
8. Powers of Council
Division 2 -- Referrals, and relationship with governmental bodies, etc.
9. Public referrals to Council of matters etc. to do with conserving registered places etc.
10. Public authorities to assist Council
11. Public authorities to assist in conservation of registered places
12. Differences etc. between Ministers
Division 3 -- Finance
13. Application of Financial Management Act 2006 and Auditor General Act 2006
14. Funds etc. of Council
15. Borrowing by Council
16. Treasurer may give guarantees
17. Evidence of Treasurer’s approval etc.
18. Duty, taxes and rates, exemptions from
Division 4 -- Membership
19. Membership and quorum of Council
20. Term of office
21. Acting members
22. Delegation by Council or Chairperson
Division 5 -- Proceedings of the Council, etc.
23. Co-opted members and consultation
24. Proceedings and meetings of Council
26. Conflict of interest
Division 6 -- Staff, remuneration, etc.
27. Staff, consultants etc.
28. Remuneration of members etc. of, and service with, Council
PART 4 -- Heritage Agreements and conservation incentives
Division 1 -- Heritage Agreements
29. Heritage Agreements
30. Owner etc. of land wanting Heritage Agreement may refer certain question to State Administrative Tribunal
31. Damages in relation to Heritage Agreements
32. Evidence of Heritage Agreements and variations to them
Division 2 -- Conservation incentives
33. Conservation assistance, Council may provide
34. Certain decisions by decision-making authorities, Council may waive etc.
35. Revaluations of places subject to Heritage Agreements etc.
36. Remission of certain taxes and rates for places subject to Heritage Agreements etc.
37. Tax or rate remitted may be recovered in certain circumstances
Division 3 -- Amendment of written laws, etc.
38. Minister may disapply etc. written laws affecting conservation of registered place
39. Orders made under s. 38 subject to disallowance
40. Prospective measures requiring legislative amendment where interests affected
41. Council to advise Minister as to matters for order under s. 38
42. State Administrative Tribunal may set aside or amend order made under s. 38
PART 5 -- Registered places
Division 1 -- Existing lists, survey and records
43. Information held by heritage bodies, Council to have regard to
44. Council’s duties as to places with cultural heritage
45. Local government to compile etc. inventory of buildings with cultural heritage significance
Division 2 -- The Register
46. The Register
47. Criteria for entering place in Register
48. Historic precincts
49. Procedure before entering place in Register under s. 51
50. Interim registration of places
51. Permanent registrations in Register, making of
52. Minister may direct that place not be registered permanently
53. Time limit on registration procedures
54. Amending and removing entries in Register
55. Certain land not entered in Register not to be proposed for registration for 5 years
Division 3 -- Information
56. Memorials on land titles and notifying people affected
57. Register etc. to be available for public inspection
58. Duty to inform authorities responsible for planning etc.
PART 6 -- Enforcement
Division 1 -- Conservation Orders
59. Conservation Orders
60. State Administrative Tribunal’s powers as to Conservation ORDER s
61. Contravention of Conservation Orders
Division 2 -- Restoration Orders
62. Restoration Orders
Division 3 -- Permitted works
63. Conservation Orders not to affect certain works
64. Minister may permit certain works etc. on places subject to Conservation Orders
65. Continuing effect of orders
Division 4 -- Contraventions, defences, injunctions, etc.
66. Proceedings in respect of contraventions
67. Continuing offences
68. Liability of successors in title, bodies corporate and their officers, defences etc.
69. Injunctions etc.
70. Infringement notices
Division 6 -- Inspection and information
71. Inspectors and powers of entry etc.
72. Powers to obtain information
PART 7 -- Acquisitions and compensation
73. Compulsory acquisition of land
74. Acquisition by consent
75. Assessment of compensation
76. Requests for acquisition
77. Claims, and compensation for unreasonable delay, arising from administration of Act
PART 8 -- Effect on development proposals
78. Entry of land in Register, effect of on certain applications etc.
79. Land entered in Register, offences as to etc.
80. Governor may prohibit etc. development of place following offence under Part 6 or s. 79
81. Owners of land in Register or subject to Heritage Agreement to notify Council of intention to sell
PART 9 -- General provisions
82. Service of notices and evidentiary matters
84. Review of Act
Provisions that have not come into operation
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