Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Heritage of Western Australia
Act 1990 and includes the amendments made by the other written laws referred
to in the following table 1a. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
103 of 1990 |
22 Dec 1990 |
s. 1 and 2: 22 Dec 1990;
|
|
|
Financial Administration Legislation Amendment
Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Acts Amendment (Public Sector Management) Act 1994
s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Planning Legislation Amendment
Act |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette
21 Feb 1995 p. 567) |
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette
29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 39 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment
Act 1996 s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 31 and s. 142 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 71 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Reprint of the Heritage of Western Australia
Act 1990 as at 1 Jun 2001 (includes amendments listed
above) |
|||
|
Planning Appeals Amendment Act 2002
s. 24 |
24 of 2002 |
24 Sep 2002 |
18 Apr 2003 (see s. 2 and
Gazette 17 Apr 2003 p. 1243) |
|
Taxation Administration (Consequential Provisions)
Act 2002 s. 15 5 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2383) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 60 6 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Reprint 2: The Heritage of Western Australia
Act 1990 as at 9 Jun 2006 (includes amendments listed
above) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 10 Div. 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette
8 Dec 2006 p. 5369) |
|
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Petroleum Amendment Act 2007
s. 96 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette
18 Jan 2008 p. 147) |
|
Reprint 3: The Heritage of Western Australia
Act 1990 as at 18 Apr 2008 (includes amendments listed
above) |
|||
|
Duties Legislation Amendment Act 2008 s.
52 |
12 of 2008 |
14 Apr 2008 |
1 Jul 2008 (see s. 2(d)) |
|
Acts Amendment (Bankruptcy) Act 2009 s.
41 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Superannuation (Transitional and Consequential
Provisions) Act 2000 s. 75 4 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
2 Under the Public Sector Management Act 1994
s. 112(2), a reference in a written law to the Public Service Commissioner
is, unless the contrary intention appears or it is otherwise provided under the
Acts Amendment (Public Sector Management)
Act 1994, to be construed as if it had been amended to be a reference
to the Minister for Public Sector Management (as defined in the
Interpretation Act 1984). This reference was amended under
the Reprints Act 1984 s. 7(5)(a).
3 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39, but
its provisions continue to apply to and in relation to certain schemes because
of the State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 26. See also note 4.
4 On the date as at which this compilation was prepared, the
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 had not come into operation. It reads as follows:
“
75. Various provisions repealed
The provisions listed in the Table to this section are
repealed.
Table of provisions repealed
|
Act |
Provision |
|---|---|
|
.......................... |
........ |
|
s. 27(4) |
|
|
...................... |
........ |
”.
5 The Taxation Administration (Consequential Provisions)
Act 2002 contains transitional provisions that may be relevant to this
Act.
6 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the
State Administrative Tribunal Regulations 2004 r. 28, 42 and 53
deal with certain transitional issues some of which may be relevant for this
Act.
Regulation 53 reads as follows:
“
53. Heritage
of Western Australia Act 1990
(1) In this regulation —
commencement day means the day on which the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Part 2 Division 60 comes into operation;
the HWA Act means the Heritage of Western Australia
Act 1990.
(2) If, before the commencement day, the Minister receives a notice in
accordance with the HWA Act section 30(1) (as in force when the notice was
received by the Minister) but does not before the commencement day refer to the
Town Planning Appeal Tribunal the question the Minster is requested to so refer
in the notice, on and after the commencement day —
(a) the notice is to be taken to refer to the State Administrative
Tribunal and not to the Town Planning Appeal Tribunal; and
(b) section 30(2)(a) of the HWA Act applies as if any requirement
made or undertaking given under that paragraph referred to the State
Administrative Tribunal and not to the Town Planning Appeal Tribunal.
(3) If a Heritage Agreement is entered into pursuant to a determination
the provisions of which have been approved by the Town Planning Appeal Tribunal
but has not been endorsed as so approved by the Registrar of that Tribunal
before the commencement day, on and after the commencement day, the HWA Act
section 30(5) applies to that Agreement as if a reference in that
subsection to the Registrar were a reference to the executive officer of the
State Administrative Tribunal.
(4) If, before the commencement day, the Minister is required in
accordance with the HWA Act section 37(3) (as in force when the requirement
was received by the Minister) to refer a question to the Town Planning Appeal
Tribunal but does not do so before the commencement day, on and after the
commencement day the Minister must refer the question to the State
Administrative Tribunal as if the requirement had referred to the State
Administrative Tribunal and not to the Town Planning Appeal Tribunal.
(5) On and after the commencement day, a reference in the HWA Act
section 37(4) to a finding made by the State Administrative Tribunal on a
reference in relation to the same or a related matter under the HWA Act
section 37(3) is to be taken to include a reference to such a finding
lawfully made by the Town Planning Appeal Tribunal before the commencement
day.
(6) If, before the commencement day, the Minister is required in
accordance with the HWA Act section 73(4) (as in force when the requirement
was received by the Minister) to refer a question to the Town Planning Appeal
Tribunal but does not do so before the commencement day, on and after the
commencement day the Minister must refer the question to the State
Administrative Tribunal as if the requirement had referred to the State
Administrative Tribunal and not to the Town Planning Appeal Tribunal.
(7) If, before the commencement day, the Minister is requested in
accordance with the HWA Act section 76(1) (as in force when the requirement
was received by the Minister) to refer a question to the Town Planning Appeal
Tribunal but does not do so before the commencement day, on and after the
commencement day the Minister must refer the question to the State
Administrative Tribunal as if the request had referred to the State
Administrative Tribunal and not to the Town Planning Appeal Tribunal.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
Agreement 3(1)
building 3(1)
Chairperson 3(1)
Consent
Order 59(2)(a)
conservation 3(1)
Conservation
Order 3(1)
Council 3(1)
cultural heritage
significance 3(1)
decision-making
authority 3(1)
develop 3(1)
development 3(1)
entry 3(1)
Heritage
Agreement 3(1)
inspector 3(1)
interim
registration 3(1)
land 3(1)
member 3(1)
occupier 3(1)
owner 3(1)
place 3(1)
possession 3(1)
presentation 3(1)
proposal 3(1)
public
advertisement 3(2)(b)
public authority 3(1)
registered 3(1)
relevant
Act 75(3)(a)
specified 38(2), 59(6)
Stop Work Order 3(1),
59(2)(b)
successor in title 29(9)
the Account 3(1)
the
applicant 30(1)
the Council 29(16)
the delegate 6(7), 22(2), 22(3)
the
Register 3(1)
the Treasurer 3(1)
this Act 3(1)