HERITAGE ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 3 Objects of Act
- 3A Exercise of functions under Act
- 3B Registration of urban tree
- 4 Dictionary
- 5 Notes
- 6 Offences against Act—application of Criminal Code etc
- 7 Application of Act to Emergencies Act 2004
PART 2--IMPORTANT CONCEPTS
- 8 Meaning of object and place
- 9 Meaning of Aboriginal object and Aboriginal place
- 10 Meaning of heritage significance
- 10A Meaning of natural heritage significance
- 10B Meaning of cultural heritage significance
- 11 Meaning of registered
- 12 Meaning of registration details
- 13 Meaning of interested person
- 14 Meaning of representative Aboriginal organisation
PART 3--HERITAGE COUNCIL
- 16 Establishment of heritage council
- 17 Members of council
- 18 Functions of council
- 19 Procedures of council
- 19A Council must consult scientific committee on matters affecting natural heritage
PART 4--HERITAGE REGISTER
- 20 Establishment of heritage register
- 21 Public access to heritage register
- 22 Restricted information on heritage register
- 23 Judicial notice of matters on heritage register
- 24 Heritage register corrections and changes
- 24A Effect of further registration decision about registered place or
PART 5--HERITAGE GUIDELINES
- 25 Guidelines about conserving heritage significance
- 26 Public consultation about heritage guidelines
- 26A Period for making heritage guidelines
- 26B Report to Minister about public consultation on heritage
- 26C Minister may require further consideration by council on heritage
- 26D Heritage guidelines revocation
- 26E Notification about heritage guidelines
- 27 Application of heritage guidelines
PART 6--REGISTRATION OF PLACES AND OBJECTS
Division 6.1--Provisional registration
- 28 Application for provisional registration of place or object—nomination
- 29 Decision about nomination application
- 30 Request for urgent provisional registration
- 31 Council must consult representative Aboriginal organisation
- 31A Consultation with scientific committee about provisional registration
- 32 Decision about provisional registration
- 33 Provisional registration of place or object
- 34 Notice of decision about provisional registration
- 35 Period of provisional registration
- 36 End of period of provisional registration without decision
Division 6.2--Registration
- 37 Public consultation about registration of place or object
- 38 Report to Minister about public consultation
- 39 Minister may require council to further consider issues related to
- 40 Decision about registration
Division 6.3--Registration of place or object protected under Nature Conservation Act 2014
- 42A Registration of place or object under this Act limited if place or object already protected
PART 7--CANCELLATION OF REGISTRATION
- 43 Cancellation proposal
- 44 Notice of cancellation proposal
- 45 Consultation with representative Aboriginal organisation about cancellation
- 45A Consultation with scientific committee about cancellation proposal
- 46 Public consultation about cancellation proposal
- 47 Report to Minister about public consultation
- 48 Minister may require council to further consider issues related to
- 49 Decision about cancellation proposal
- 50 Partial cancellation of registration of place or object
PART 8--MANAGEMENT OF ABORIGINAL PLACES AND ABORIGINAL OBJECTS
- 51 Reporting discovery of Aboriginal place or object
- 52 Exceptions to reporting obligation
- 53 Assessing heritage significance of reported Aboriginal places and
- 53A Repository for Territory-owned Aboriginal objects
- 53B Declaration of repository
- 53C Ownership of Aboriginal objects on territory land
PART 9--RESTRICTED INFORMATION
- 54 Declaration of restricted information
- 55 Restricted information not to be published without approval
- 56 Approval to publish restricted information
- 57 Limited access to restricted information
PART 10--LAND DEVELOPMENT APPLICATIONS
- 58 Meaning of development—pt 10
- 59 Simplified outline
- 60 Advice about effect of development on heritage significance
- 61 Requirements for council's advice about development
PART 10A--TREE DAMAGING ACTIVITY ETC
- 61A Definitions—pt 10A
- 61B Advice about effect of tree damaging activity or tree management
- 61C Requirements for advice about tree damaging activity or tree management
- 61D Effect of advice about tree damaging activity or tree management
PART 10B--PERMISSIONS AND APPROVALS
- 61E Application to excavate
- 61F Permit to excavate
- 61G Application for approval of statement of heritage effect
- 61H Approval of statement of heritage effect
- 61I Council may direct application for approval of statement of heritage
- 61J Application for approval of conservation management plan
- 61K Approval of conservation management plan
PART 11--HERITAGE DIRECTIONS
- 62 Heritage direction by council
- 63 Service of heritage direction
- 64 Extension of heritage direction
- 65 Contravention of heritage direction—offence
- 66 Contravention of heritage direction—action by authorised person
- 67 Order to enforce exercise of functions
PART 11A--REPAIR DAMAGE DIRECTIONS
- 67A Repair damage direction by council
- 67B Extension of repair damage direction
- 67C Offence—fail to comply with repair damage direction
- 67D Repair of damage by Territory
PART 12--CIVIL PROTECTION OF HERITAGE
- 68 Application for heritage order
- 69 Heritage order
- 70 Interim heritage order
- 71 Costs
- 72 Security for costs etc
- 73 Respondent's loss etc in relation to heritage order proceedings
PART 13--HERITAGE OFFENCES
- 74 Diminishing heritage significance of place or object
- 75 Damaging Aboriginal place or object
- 76 Exceptions to part 13 offences
PART 14--ENFORCEMENT
Division 14.1--General
- 77 Definitions for pt 14
Division 14.2--Authorised people
Division 14.3--Powers of authorised people
- 80 Power to enter premises
- 81 Production of identity card
- 82 Consent to entry
- 83 General powers on entry to premises
- 84 Power to seize things
- 85 Power to require name and address
Division 14.4--Search warrants
- 86 Warrants generally
- 87 Warrants—application made other than in person
- 88 Search warrants—announcement before entry
- 89 Details of search warrant to be given to occupier etc
- 90 Occupier entitled to be present during search etc
Division 14.5--Return and forfeiture of things seized
- 91 Receipt for things seized
- 92 Moving things to another place for examination or processing under search
- 93 Access to things seized
- 94 Return of things seized
Division 14.6--Miscellaneous
- 95 Information discovery order
- 96 Contravention of information discovery order
- 97 Damage etc to be minimised
- 98 Compensation for exercise of enforcement powers
PART 15--HERITAGE AGREEMENTS
- 99 Heritage agreement with Minister
- 100 Provisions of heritage agreement
- 101 Amending or ending heritage agreement
- 102 Period of heritage agreement
- 103 Binding nature of heritage agreement
- 104 Enforcement order
- 105 Financial and other assistance
PART 16--HERITAGE AND PUBLIC AUTHORITIES
- 106 Meaning of public authority for pt 16
- 107 Public authority heritage places and heritage
- 108 Heritage reports
- 109 Assessment of heritage reports by council
- 109A Public reporting
- 110 Conservation management plan
PART 17--NOTIFICATION AND REVIEW OF DECISIONS
- 111 Meaning of reviewable decision
- 112 Meaning of decision-maker—pt 17
- 113 Reviewable decision notices
- 114 Applications for review
- 114A Stay of decision under review
PART 18--MISCELLANEOUS
- 116 Criminal liability of executive officers
- 117 Service of documents on council
- 118 Legal immunity for council members etc
- 118A Council may ask for information from commissioner for revenue in certain
- 118B Council may ask for information about leases from commissioner for
- 119 Approved forms
- 120 Determination of fees
- 121 Delegation
- 122 Regulation-making power