Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires —
building , in relation to any land, includes any
structure erected or placed on or in that land, and any part of the building
or fence or other appurtenance to the building;
Chairperson means the person holding or acting in
the office of Chairperson of the Council;
conservation means, in relation to any place, the
management of that place in a manner that will —
(a)
enable the cultural heritage significance of that place to be retained; and
(b)
yield the greatest sustainable benefit for the present community without
diminishing the cultural heritage significance of that place,
and may include the preservation, stabilization,
protection, restoration, reconstruction, adaptation, and maintenance of that
place in accordance with relevant professional standards, and the provision of
an appropriate visual setting;
Conservation Order means an Order made under
section 59;
Council means the Heritage Council of Western
Australia established pursuant to section 5;
cultural heritage significance means, in relation
to a place, the relative value which that place has in terms of its aesthetic,
historic, scientific, or social significance, for the present community and
future generations;
decision-making authority means, in relation to
any proposal, a public authority who or which in the course of the
administration of a written law or otherwise in the carrying on of any
function makes, or is empowered to make, a decision in respect of that
proposal, and includes any Minister of the Crown who in relation to that
particular proposal or a proposal of that kind is specifically prescribed for
the purposes of this definition;
develop includes demolish;
development means the development or use of any
land, including —
(a) any
demolition, erection, construction, alteration of or addition to any building
or structure on the land;
(b) the
carrying out on the land of any excavation or other works; and
(c) in
the case of a place to which a Conservation Order applies, any act or thing
that —
(i)
is likely to change the character of the place or the
external appearance of any building; or
(ii)
would constitute an irreversible alteration of the fabric
of any building,
but shall be taken not to include any works of a
kind, or any act or thing, that is for the time being excluded from the
operation of this definition by a regulation;
entry , in relation to the Register, includes
entry as an interim registration;
Heritage Agreement or Agreement means an agreement
entered into pursuant to section 29;
inspector means a person appointed under
section 71;
interim registration means registration in
accordance with section 50;
land includes —
(a) any
estate in land; and
(b) any
works or building on or in the land;
member means a member of the Council, and may
include a person to whom section 20(7) applies;
occupier , in relation to any land, means a person
by whom or on whose behalf that land is lawfully occupied or, if there is no
person in lawful occupation, a person entitled to possession;
owner , in relation to any land, shall be
construed in accordance with subsection (2)(a);
place means an area of land sufficiently
identified by survey, description or otherwise as to be readily ascertainable,
and includes —
(a) an
area of land situate below low water mark on the sea shore or on the bank of
tidal waters, or in the bed of any watercourse, lake or estuary;
(b) any
works or buildings situated there, their contents relevant to the purposes of
this Act and such of their immediate surroundings as may be required for the
purposes of the conservation of those works or buildings; and
(c) as
much of the land beneath the place as is required for the purposes of its
conservation;
possession in relation to land includes the
receipt of income from the land or the right to receive that income;
presentation in relation to any place
includes —
(a) its
exhibition or display;
(b) the
provision of access to it; and
(c) the
publication of information in relation to it;
proposal means a project, plan, programme, policy,
operation, undertaking or development or change in land use, or any amendment
of such a proposal, affecting a registered place or a place which is the
subject of a Heritage Agreement;
public authority means —
(a) a
Minister of the Crown in right of the State acting in an official capacity, a
department of the Public Service of the State, a State agency or
instrumentality, or a local government; or
(b) any
other person, whether corporate or not, who or which under the authority of a
written law administers or carries on in the State any statutory function on
behalf of the Government;
registered means entered, whether pursuant to
section 50 or section 51, in the Register under this Act;
Stop Work Order means a Conservation Order made
under section 59(2)(b);
the Account means the Heritage Account established
under section 14;
the Register means the Register of Heritage Places
compiled pursuant to section 46;
the Treasurer means the Treasurer of the State;
this Act includes the Acts Amendment (Heritage
Council) Act 1990 .
(2) In this
Act —
(a) a
reference to the owner of land includes a reference to —
(i)
where the land is unalienated, the Crown;
(ii)
where the land is subject to the Transfer of Land
Act 1893 or the Land Administration Act 1997 , a proprietor within
the meaning of the Transfer of Land Act 1893 ;
[(iii) deleted]
(iv)
where the land is subject to the Registration of Deeds
Act 1856 , the holder of an estate or interest registered by memorial
under that Act;
(v)
a person who is the holder of, or has made application
for, a mining tenement under the Mining Act 1978 or a permit or licence
under the Petroleum and Geothermal Energy Resources Act 1967 ; and
(vi)
a mortgagee or encumbrancee in possession of the land,
subject to
subsection (3); and
(b) a
reference to public advertisement is a reference to the bringing of a matter
to the notice of the public by means of —
(i)
publication of a notice in the Gazette ;
(ii)
a notice published in a local newspaper, if any,
circulating in the area concerned; and
(iii)
a notice published in a daily newspaper circulating
throughout the State,
or by such other means
as the Minister may direct.
(3) Where under this
Act the Council is required to give notice to, or to consult with, any owner
of land, the Council shall not be required to give notice to, or to consult
with or have regard to, such a person who is not in possession of the land
where —
(a) the
estate or interest of that person does not appear from an inspection of the
register books, or a search of memorials registered, under a relevant Act
referred to in subsection (2); and
(b) the
identity of that person, or the address of that person, cannot with reasonable
diligence be ascertained.
[Section 3 amended by No. 14 of 1996
s. 4; No. 31 of 1997 s. 33(1); No. 55 of 2004 s. 500;
No. 77 of 2006 s. 17; No. 35 of 2007 s. 96.]