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HERITAGE OF WESTERN AUSTRALIA ACT 1990


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   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
            
   25.     Committees
            
   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
            
   83.     Regulations
            
   84.      Review of Act
            
           Provisions that have not come into operation
           Compilation table


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