Heritage Act 2004 (ACT)
Heritage Act 2004
A2004-57
Republication No 36
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Heritage Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Heritage Act 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Objects of Act 2
3A Exercise of functions under Act 2
3B Registration of urban tree 3
4 Dictionary 4
5 Notes 4
6Offences against Act—application of Criminal Code etc 4
7 Application of Act to Emergencies Act 2004 5
Part 2 Important concepts
8 Meaning of object and place 6
9 Meaning of Aboriginal object and Aboriginal place 7
10 Meaning of heritage significance 7
10A Meaning of natural heritage significance 8
10B Meaning of cultural heritage significance 8
11 Meaning of registered 9
12 Meaning of registration details 9
13 Meaning of interested person 9
14 Meaning of representative Aboriginal organisation 13
Part 3 Heritage council
16 Establishment of heritage council 14
17 Members of council 14
18 Functions of council 15
18A Ministerial statement of priorities 17
19 Procedures of council 17
19A Council must consult scientific committee on matters affecting natural heritage significance 18
Part 4 Heritage register
20 Establishment of heritage register 19
21 Public access to heritage register 20
22 Restricted information on heritage register 20
23 Judicial notice of matters on heritage register 20
24 Heritage register corrections and changes 21
24A Effect of further registration decision about registered place or object 23
Part 5 Heritage guidelines
25 Guidelines about conserving heritage significance 24
26 Public consultation about heritage guidelines 25
26A Period for making heritage guidelines 26
26B Report to Minister about public consultation on heritage guidelines 29
26C Minister may require further consideration by council on heritage guidelines 29
26D Heritage guidelines revocation 30
26E Notification about heritage guidelines 30
27 Application of heritage guidelines 30
Part 6 Registration of places and objects
Division 6.1 Provisional registration
28 Application for provisional registration of place or object—nomination application 31
29 Decision about nomination application 32
30 Request for urgent provisional registration 34
30A Change to nominated place or object before provisional registration decision 36
31 Council must consult representative Aboriginal organisation 37
31A Consultation with scientific committee about provisional registration 37
32 Decision about provisional registration 37
33 Provisional registration of place or object 38
34 Notice of decision about provisional registration 38
35 Period of provisional registration 39
36 End of period of provisional registration without decision 41
Division 6.2 Registration
37 Public consultation about registration of place or object 42
38 Report to Minister about public consultation 42
39 Minister may require council to further consider issues related to registration 43
40 Decision about registration 43
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 under Nature Conservation Act 2014 45
Part 7 Cancellation of registration
43 Cancellation proposal 47
44 Notice of cancellation proposal 48
45 Consultation with representative Aboriginal organisation about cancellation proposal 49
45A Consultation with scientific committee about cancellation proposal 49
46 Public consultation about cancellation proposal 50
47 Report to Minister about public consultation 50
48 Minister may require council to further consider issues related to cancellation 51
49 Decision about cancellation proposal 51
50 Partial cancellation of registration of place or object 52
Part 8 Management of Aboriginal places and Aboriginal objects
51 Reporting discovery of Aboriginal place or object 54
52 Exceptions to reporting obligation 54
53 Assessing heritage significance of reported Aboriginal places and objects 55
53A Repository for Territory-owned Aboriginal objects 55
53B Declaration of repository 55
53C Ownership of Aboriginal objects on territory land 56
Part 9 Restricted information
54 Declaration of restricted information 57
55 Restricted information not to be published without approval 57
56 Approval to publish restricted information 58
57 Limited access to restricted information 59
Part 10 Land development applications
58 Meaning of development—pt 10 60
59 Simplified outline 60
60 Advice about effect of development on heritage significance 61
61 Requirements for council’s advice about development 62
Part 10A Tree damaging activity etc
61A Definitions—pt 10A 63
61B Advice about effect of tree damaging activity or tree management plan 63
61C Requirements for advice about tree damaging activity or tree management plan 65
61D Effect of advice about tree damaging activity or tree management plan 66
Part 10B Permissions and approvals
61E Application to excavate 67
61F Permit to excavate 68
61G Application for approval of statement of heritage effect 69
61H Approval of statement of heritage effect 70
61I Council may direct application for approval of statement of heritage effect 71
61J Application for approval of conservation management plan 71
61K Approval of conservation management plan 72
Part 11 Heritage directions
62 Heritage direction by council 73
63 Service of heritage direction 74
64 Extension of heritage direction 74
65 Contravention of heritage direction—offence 74
66 Contravention of heritage direction—action by authorised person 75
67 Order to enforce exercise of functions 76
Part 11A Repair damage directions
67A Repair damage direction by council 78
67B Extension of repair damage direction 79
67C Offence—fail to comply with repair damage direction 80
67D Repair of damage by Territory 80
Part 12 Civil protection of heritage
68 Application for heritage order 83
69 Heritage order 83
70 Interim heritage order 84
71 Costs 84
72 Security for costs etc 84
73 Respondent’s loss etc in relation to heritage order proceedings 85
Part 13 Heritage offences
74 Diminishing heritage significance of place or object 86
75 Damaging Aboriginal place or object 87
76 Exceptions to part 13 offences 87
Part 14 Enforcement
Division 14.1 General
77 Definitions for pt 14 89
Division 14.2 Authorised people
78 Appointment of authorised people 90
79 Identity cards 90
Division 14.3 Powers of authorised people
80 Power to enter premises 91
81 Production of identity card 92
82 Consent to entry 93
83 General powers on entry to premises 94
84 Power to seize things 95
85 Power to require name and address 96
Division 14.4 Search warrants
86 Warrants generally 97
87 Warrants—application made other than in person 98
88 Search warrants—announcement before entry 99
89 Details of search warrant to be given to occupier etc 100
90 Occupier entitled to be present during search etc 100
Division 14.5 Return and forfeiture of things seized
91 Receipt for things seized 101
92 Moving things to another place for examination or processing under search warrant 101
93 Access to things seized 102
94 Return of things seized 103
Division 14.6 Miscellaneous
95 Information discovery order 104
96 Contravention of information discovery order 105
97 Damage etc to be minimised 105
98 Compensation for exercise of enforcement powers 105
Part 15 Heritage agreements
99 Heritage agreement with Minister 107
100 Provisions of heritage agreement 107
101 Amending or ending heritage agreement 108
102 Period of heritage agreement 108
103 Binding nature of heritage agreement 108
104 Enforcement order 109
105 Financial and other assistance 109
Part 16 Heritage and public sector bodies
107 Heritage places and heritage objects for which public sector body responsible 110
108 Heritage reports 110
109 Assessment of heritage reports by council 111
109A Public reporting 112
110 Conservation management plan 112
Part 17 Notification and review of decisions
111 Meaning of reviewable decision 115
112 Meaning of decision-maker—pt 17 115
113 Reviewable decision notices 115
114 Applications for review 115
114A Stay of decision under review 116
Part 18 Miscellaneous
116 Criminal liability of executive officers 117
117 Service of documents on council 119
118 Legal immunity for council members etc 119
118A Council may ask for information from commissioner for revenue in certain cases 119
118B Council may ask for information about leases from commissioner for revenue 120
119 Approved forms 121
120 Determination of fees 121
121 Delegation 122
122 Regulation-making power 122
Schedule 1 Reviewable decisions 123
Dictionary124
Endnotes
1 About the endnotes 130
2 Abbreviation key 130
3 Legislation history 131
4 Amendment history 136
5 Earlier republications 149
6 Expired transitional or validating provisions 151
Heritage Act 2004
An Act to provide for the recognition, registration and conservation of places and objects of natural and cultural significance, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Heritage Act 2004.
Objects of Act
The main objects of this Act are as follows:
(a)to establish a system for the recognition, registration and conservation of the following:
(i)places and objects that have natural heritage significance;
(ii)places and objects that have cultural heritage significance;
(iii)Aboriginal places and objects;
(b)to establish the heritage council;
(c)to provide for heritage agreements to encourage the conservation of heritage places and objects;
(d)to establish enforcement and offence provisions to provide greater protection for heritage places and objects;
(e)to provide a system integrated with land planning and development to consider development applications having regard to the heritage significance of places and heritage guidelines.
3AExercise of functions under Act
(1)A function under this Act must be exercised in a way that, as far as practicable, achieves the following:
(a)the conservation of—
(i)places and objects with heritage significance; and
(ii)Aboriginal places and objects;
(b)the maximisation of the community’s ability to benefit from the places and objects, without adversely affecting—
(i)the ongoing conservation of the places and objects; and
(ii)any thing that forms an important part of the heritage significance of the place or thing.
(2)However, if the exercise of a function would result in harm to a place or object with heritage significance, or an Aboriginal place or object, the function may be exercised only if the entity or person exercising the function—
(a)is satisfied that it is not reasonably practicable to exercise the function in a way that avoids the harm; and
(b)identifies all reasonable steps that must be taken to minimise the extent of the harm.
3BRegistration of urban tree
(1)This section applies if—
(a)an urban tree forms part of a place; and
(b)the council decides to register the place.
(2)The council may also register the tree.
(3)To remove any doubt, an urban tree must not be registered under this Act unless the tree forms part of a place that is registered.
(4)In this section:
urban forest—see the Urban Forest Act 2023, section 7.
urban tree means a tree in the urban forest.
NoteIn addition to the protections under this Act, the Urban Forest Act 2023 also protects trees of heritage significance, including Aboriginal cultural trees, in the urban forest (see that Act, pt 3 and pt 4).
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘Aboriginal place—see section 9.’ means that the term ‘Aboriginal place’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act to Emergencies Act 2004
(1)This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—
(a)protecting life or property; or
(b)controlling, extinguishing or preventing the spread of a fire.
(2)In this section:
emergency controller—see the Emergencies Act 2004, dictionary.
relevant person means—
(a)an emergency controller; or
(b)a member of the ambulance service; or
(c)a member of the fire and rescue service; or
(d)a member of the rural fire service; or
(e)a member of the SES; or
(f)any other person under the control of—
(i)an emergency controller; or
(ii)the chief officer (ambulance service); or
(iii)the chief officer (fire and rescue service); or
(iv)the chief officer (rural fire service); or
(v)the chief officer (SES); or
(g)a police officer.
Part 2Important concepts
Meaning of object and place
In this Act:
object means a natural or manufactured object, but does not include a building or any other man-made structure.
place includes the following:
(a)a site, precinct or parcel of land;
(b)a building or structure, or part of a building or structure;
(c)the curtilage, or setting, of a building or structure, or part of a building or structure;
(d)an object or feature historically associated with, and located at, the place.
Examples—things that site or parcel of land includes
· landforms
· plantings
· animal habitats
Examples—object or feature historically associated with, and located at, a place
· furniture
· fittings
· view to or from the place, including visible landscapes
NoteWords in the singular number include the plural (see Legislation Act, s 145 (b)).
Meaning of Aboriginal object and Aboriginal place
(1)In this Act:
Aboriginal object means an object associated with Aboriginal people because of Aboriginal tradition.
Aboriginal place means a place associated with Aboriginal people because of Aboriginal tradition.
(2)In this section:
Aboriginal tradition means the customs, rituals, institutions, beliefs or general way of life of Aboriginal people.
NoteWords in the singular number include the plural (see Legislation Act, s 145 (b)).
Meaning of heritage significance
A place or object has heritage significance if the place or object meets 1 or more of the following criteria (the heritage significance criteria):
(a)importance to the course or pattern of the ACT’s cultural or natural history;
(b)has uncommon, rare or endangered aspects of the ACT’s cultural or natural history;
(c)potential to yield important information that will contribute to an understanding of the ACT’s cultural or natural history;
(d)importance in demonstrating the principal characteristics of a class of cultural or natural places or objects;
(e)importance in exhibiting particular aesthetic characteristics valued by the ACT community or a cultural group in the ACT;
(f)importance in demonstrating a high degree of creative or technical achievement for a particular period;
(g)has a strong or special association with the ACT community, or a cultural group in the ACT for social, cultural or spiritual reasons;
Example
a place or object that has a strong or special association for Aboriginal people in the ACT because it is part of their continuing or developing cultural tradition
(h)has a special association with the life or work of a person, or people, important to the history of the ACT.
10AMeaning of natural heritage significance
(1)For this Act, a place or object has natural heritage significance if it—
(a)forms part of the natural environment; and
(b)has heritage significance primarily because of the scientific value of its biodiversity, geology, landform or other naturally occurring elements.
(2)In this section:
natural environment means the native flora, native fauna, geological formations or any other naturally occurring element at a particular location.
10BMeaning of cultural heritage significance
A place or object has cultural heritage significance if it—
(a)is—
(i)created or modified by human action; or
(ii)associated with human activity or a human event; and
(b)has heritage significance.
Meaning of registered
A place or object is registered if it is—
(a)provisionally registered under division 6.1; or
(b)registered under division 6.2.
Meaning of registration details
The registration details for a registered place or object are as follows:
(a)its name;
(b)its location or address;
(c)a description of it, including (if relevant) its extent or boundary;
(d)a statement about its heritage significance, including the reasons for the registration and an assessment of the place or object against the heritage significance criteria;
(e)whether it is registered or provisionally registered;
(f)the date it was registered or provisionally registered;
(g)if it is provisionally registered—the period of provisional registration.
NoteThe registration details for a place or object may be cancelled under s 48 (Cancellation of registration of place or object).
Meaning of interested person
(1)In this Act:
interested person means the following:
(a)for a place or object on territory land—the territory planning authority;
(b)for a place or object that affects the conservation of flora or fauna—the conservator;
(c)for a place or object the council considers may be relevant to the Commonwealth—the national capital authority;
(d)for a place—the following:
(i)the owner of the place;
(ii)the occupier of the place;
(iii)the lessee or sublessee of the place;
(iv)the architect or designer of a building, structure or landscape at the place;
(v)any person who made a nomination application for the place;
(vi)any person who made an urgent provisional registration application for the place;
(vii)any person who made a cancellation proposal for the place;
(viii)any person who made a register amendment application for the place;
(e)for an object—the following:
(i)the owner of the object;
(ii)the person in possession of the object;
(iii)the designer of the object;
(iv)if the object is an artwork—the artist who created the object;
(v)any person who made a nomination application for the object;
(vi)any person who made an urgent provisional registration application for the object;
(vii)any person who made a cancellation proposal for the object;
(viii)any person who made a register amendment application for the object;
(f)for a place or object that is also an Aboriginal place or Aboriginal object—the following:
(i)for an Aboriginal place—a person (or entity) mentioned in paragraphs (a) to (d);
(ii)for an Aboriginal object—a person (or entity) mentioned in paragraphs (a) to (c), and paragraph (e);
(iii)a representative Aboriginal organisation;
(iv)if the discovery of the place or object was reported under section 51—the person who reported the discovery;
(g)for a decision under section 40 (Decision about registration)—anyone who made comments, in writing, to the council about the decision before the end of the public consultation period for the decision;
(h)for a decision under section 49 (Decision about cancellation proposal)—anyone who made comments, in writing, to the council about the decision before the end of the public consultation period for the decision.
(2)However, a person is an interested person for part 17 (Notification and review of decisions) only if the person is 1 of the following:
(a)for a decision under section 40 (Decision about registration)—the following:
(i)a person mentioned in subsection (1) (g);
(ii)if the decision relates to a place—a person mentioned in subsection (1) (d) (i) to (iii);
(iii)if the decision relates to an object—a person mentioned in subsection (1) (e) (i) and (ii);
(b)for a decision under section 49 (Decision about cancellation proposal)—the following:
(i)a person mentioned in subsection (1) (h);
(ii)if the decision relates to a place—a person mentioned in subsection (1) (d) (i) to (iii);
(iii)if the decision relates to an object—a person mentioned in subsection (1) (e) (i) and (ii);
(c)for a decision under section 56 (Approval to publish restricted information)—the applicant for approval;
(d)for a decision under section 62 (Heritage direction by council)—the person to whom the direction is given;
(e)for a decision under section 67A (Repair damage direction by council)—the following:
(i)the person to whom the direction is given;
(ii)if the decision relates to a place—a person mentioned in subsection (1) (d) (i);
(iii)if the decision relates to an object—a person mentioned in subsection (1) (e) (i);
(f)for a decision under section 67B (Extension of repair damage direction)—the person who applied for the extension;
(g)for a decision under section 95 (Information discovery order)—the person to whom the order is given.
NoteAn interested person for a reviewable decision is entitled to—
(a)be given a reviewable decision notice (see s 113); and
(b)apply to the ACAT for a review of the decision (see s 114).
Meaning of representative Aboriginal organisation
(1)In this Act:
representative Aboriginal organisation means an entity declared under subsection (8).
(2)Before declaring criteria under subsection (3), the Minister must consult—
(a)Aboriginal people whom the Minister is satisfied have a traditional affiliation with land; and
(b)the council.
(3)The Minister may declare criteria for deciding whether an entity should be declared to be a representative Aboriginal organisation.
(4)A declaration under subsection (3) is a disallowable instrument.
(5)For this section, the Minister must invite expressions of interest from entities willing to be declared under subsection (8).
(6)The notice under subsection (5) is a notifiable instrument.
(7)The Minister must give additional public notice of the notice under subsection (5).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (7) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(8)The Minister may declare an entity to be a representative Aboriginal organisation.
(9)However, the Minister may make a declaration under subsection (8) only if satisfied that the entity satisfies the criteria (if any) declared under subsection (3).
(10)A declaration under subsection (8) is a notifiable instrument.
Part 3Heritage council
Establishment of heritage council
The Australian Capital Territory Heritage Council is established.
Members of council
(1)The members of the council are as follows:
(a)the conservator of flora and fauna;
(b)the chief planner;
(c)4 people appointed by the Minister as public representatives (see subsection (3));
(d)6 people appointed by the Minister as experts (see subsection (4)).
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)The Minister must appoint a chairperson and deputy
chairperson of the council from the members appointed under subsection (1) (c) and (d).
(3)For subsection (1) (c), the Minister must appoint the following public representatives who, in the Minister’s opinion, adequately represent the group for which they are appointed:
(a)1 public representative from the community;
(b)2 public representatives from the Aboriginal community;
(c)1 public representative from the property ownership, management and development sector.
(4)Each expert must, in the Minister’s opinion, adequately represent 1 or more of the following disciplines:
(a)Aboriginal culture;
(b)Aboriginal history;
(c)archaeology;
(d)architecture;
(e)engineering;
(f)history, other than Aboriginal history;
(g)landscape architecture;
(h)nature conservation;
(i)object conservation;
(j)town planning;
(k)urban design;
(l)any other discipline if, in the Minister’s opinion, a person representing the discipline would have knowledge, skills or experience beneficial to, or necessary for, the exercise of the council’s functions.
(5)However, only 1 expert may represent the discipline mentioned in subsection (4) (l) without representing any other discipline.
(6)A person may be appointed under subsection (1) (c) or (d) for no longer than 3 years.
Functions of council
The council has the following functions:
(a)to identify, assess, conserve and promote places and objects in the ACT with natural and cultural heritage significance;
(b)to encourage the registration of heritage places and objects;
(c)to work within the land planning system to achieve appropriate conservation of the ACT’s natural and cultural heritage places and objects, including Aboriginal places and objects;
(d)to advise the Minister about issues affecting the management and promotion of heritage;
(e)to encourage and assist in appropriate management of heritage places and objects;
(f)to encourage public interest in, and understanding of, issues relevant to the conservation of heritage places and objects;
(g)to encourage and provide public education about heritage places and objects;
(h)to assist in the promotion of tourism in relation to heritage places and objects;
(i)to keep adequate records, and encourage others to keep adequate records, in relation to heritage places and objects;
(j)any other function given to it under this Act or another territory law.
Examples—other council functions
1 making recommendations and submissions to the territory planning authority about draft major plan amendments (see Planning Act 2023, s 62 (d))
2 giving advice to the territory planning authority about development applications (see Planning Act 2023, div 7.5.3, s 186 (i), s 189 and s 190)
NoteA provision of a law that gives an entity (including a person) a function also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196 (1) and dict, pt 1, defs entity and function).
18AMinisterial statement of priorities
(1)The Minister may make a statement setting out the government’s priorities in relation to heritage in the ACT (a statement of priorities).
(2)The Minister must consult the council before making a statement of priorities.
(3)The statement of priorities—
(a)must include information about how the council must or may report about the action taken by the council to respond to the statement of priorities; and
(b)may include any information the Minister believes will assist the council in responding to the statement of priorities; but
(c)must not include a direction about the way in which a function of the council is exercised.
(4)The Minister must give the statement of priorities to the council.
(5)A statement of priorities is a notifiable instrument.
Procedures of council
(1)The regulations may prescribe the procedures of the council, including its decision-making procedures.
(2)However, the conservator of flora and fauna and the chief planner are not eligible to vote on questions being decided by the council.
Examples of what regulations may prescribe
1 the number of members required to be at meetings of the council
2 what happens when votes are tied at meetings of the council
3 who is to preside at meetings of the council
19ACouncil must consult scientific committee on matters affecting natural heritage significance
The council must—
(a)consult the scientific committee before making any decision that may affect a place or object that has natural heritage significance; and
(b)tell the scientific committee about the decision the council makes.
Part 4Heritage register
Establishment of heritage register
(1)The council must keep a register of heritage places and heritage objects (the heritage register).
(2)The heritage register must include the registration details for each registered place or object.
(3)For each place or object nominated for provisional registration, the heritage register must include the following:
(a)details of the place or object;
(b)the date the nomination application was given to the council; and
(c)if an application for an urgent decision on the nomination application has been made under section 30—
(i)a statement to that effect; and
(ii)the date the application was given to the council.
(4)In addition, the heritage register must include the following:
(a)each heritage guideline;
(b)each heritage direction;
(c)each repair damage direction;
(d)each heritage agreement;
(e)each enforcement order.
(5)The heritage register may also include any other material the council considers appropriate.
Public access to heritage register
(1)The council may—
(a)approve an internet site for this Act; and
(b)publish a copy of the register (other than restricted information) on the internet site.
(2)An instrument under subsection (1) (a) is a notifiable instrument.
(3)A person may inspect the heritage register during ordinary office hours at a place named under subsection (4).
(4)The council must name a place where the register may be inspected.
(5)An instrument under subsection (4) is a notifiable instrument.
(6)On application, the council must give a person a copy of all, or any part, of the heritage register.
Restricted information on heritage register
(1)This section applies if the registration details for a place or object include restricted information.
(2)The council must include a statement in the register about the effect of subsections (3) and (4).
(3)The restricted information must not be disclosed under section 21, except in accordance with subsection (4).
(4)The restricted information may be made available for inspection or copying only if approved under section 56 (Approval to publish restricted information).
Judicial notice of matters on heritage register
(1)Proof is not required about a matter mentioned in section 20 (2) to (4) if the matter is published on the internet site approved under section 21.
(2)A court or tribunal may inform itself about the matter by examining the approved internet site.
NoteSection 21 provides for the council to approve an internet site by a notifiable instrument under the Legislation Act.
Heritage register corrections and changes
(1)The council may, on application or its own initiative, correct a mistake or omission in the heritage register subject to any requirements prescribed by regulation.
(2)The council may, on application or its own initiative, change a registration detail included in the heritage register only if—
(a)for a change to a registration detail mentioned in section 12 (a), (c) or (d) for a place registered under division 6.2—the council makes a further heritage decision that changes the detail; or
(b)in any other case—the council is satisfied that the change is in the interests of maintaining up‑to‑date, comprehensive and accurate information in the register.
(3)An application (a register amendment application) must—
(a)be in writing; and
(b)briefly state the proposed correction or change to the register; and
(c)be given to the council; and
(d)include the following information about the place or object to which the correction or change relates:
(i)its name;
(ii)its location or address;
(iii)a statement by the applicant about the reasons for the proposed correction or change.
NoteSection 117 deals with giving documents to the council.
(4)As soon as practicable after receiving a register amendment application, the council must assess the merit of the application received and—
(a)dismiss the application if—
(i)the council is satisfied on reasonable grounds that the application is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or
(ii)the council has previously decided not to correct or change the register in the way proposed in the application, and is satisfied that the application shows no substantial new reasons for correction or change; or
(b)if the application is not dismissed under paragraph (a)—accept the application and exercise the council’s functions under this section.
(5)The council must—
(a)if the council dismisses a register amendment application—give the person who made the application written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the dismissal; and
(b)if the council accepts a register amendment application—tell each interested person about the decision as far as practicable within 15 working days after the day the decision is made.
NoteInterested person—see s 13.
(6)In this section:
change, of a registration detail, includes add extra information to the detail.
24AEffect of further registration decision about registered place or object
(1)If the council makes a registration decision about a place or object that is already registered (a further decision), the further decision—
(a)does not affect the operation of the registration for the place or object as in force before the further decision is notified; and
(b)if the further decision is a decision under section 40—amends the place or object’s registration details to include the further decision.
(2)In this section:
registration decision means a decision under—
(a)section 32 (Decision about provisional registration); or
(b)section 40 (Decision about registration).
Part 5Heritage guidelines
Guidelines about conserving heritage significance
(1)The council may make guidelines (heritage guidelines) in relation to the conservation of the following:
(a)a place or object registered under division 6.2;
(b)an Aboriginal place or Aboriginal object.
Examples of matters about which guidelines may be made
1 demolition of registered structures
2 alterations and additions to registered buildings
3 residential heritage precincts
4 rural heritage places
5 new buildings in heritage precincts
6 Aboriginal heritage places and objects
7 working with heritage places
8 developing heritage places
9 when, and when not, to undertake a development affecting the heritage significance of a place
(2)However, the council may make heritage guidelines only—
(a)if the Minister has given the council a direction under section 26C—after the council complies with the Minister’s direction; and
(b)if satisfied on reasonable grounds that making the guidelines promotes the effective conservation of—
(i)places or objects that have heritage significance; or
(ii)Aboriginal places or Aboriginal objects.
(3)A guideline is a disallowable instrument.
Public consultation about heritage guidelines
(1)Before making heritage guidelines, the council must prepare a written notice (a consultation notice) about the proposed guidelines.
(2)The council must, as soon as practicable, give additional public notice of the consultation notice.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (2) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(3)The consultation notice must include the following:
(a)a statement about the effect of the proposed guidelines and the places or objects to which the guidelines would apply;
(b)details of how to obtain further information about the proposed guidelines;
(c)an invitation to make comments, in writing, about the proposed guidelines to the council within 4 weeks after the day the notice is notified under the Legislation Act (the public consultation period).
(4)The council may give public notice to extend the consultation period (an extension notice).
Note 1Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2The council may extend the consultation period after it has ended (see Legislation Act, s 151C).
(5)If the proposed guidelines relate to an Aboriginal place or object, the council must give a copy of the consultation notice to each representative Aboriginal organisation in relation to the proposed guidelines.
NoteSection 14 defines representative Aboriginal organisation.
(6)In making heritage guidelines, the council—
(a)must consider any written comments about the proposed guidelines made to the council before the end of the public consultation period; and
(b)may consider any written comments about the guidelines made to the council after the end of the consultation period.
(7)The following are notifiable instruments:
(a)the consultation notice;
(b)any extension notice.
26APeriod for making heritage guidelines
(1)Heritage guidelines must—
(a)be made within—
(i)if the guidelines are for a place or object (other than a place or object that forms part of a precinct)—5 months after the day the consultation notice for the guidelines is notified under the Legislation Act, unless the period is extended under this section; or
(ii)if the guidelines are for a precinct—9 months after the day the consultation notice for the guidelines is notified under the Legislation Act, unless the period is extended under this section; and
(b)not be made before the precinct, place or object is registered under division 6.2.
(2)However, this section does not apply to heritage guidelines for an Aboriginal place or an Aboriginal object.
(3)A period mentioned in subsection (1) (the initial period) is extended for an additional period (an extension) if any of the following apply:
(a)the guidelines are for a precinct, place or object that is provisionally registered, and the period of its provisional registration is extended under section 35 (Period of provisional registration);
(b)the—
(i)council is satisfied that making the guidelines requires consideration of complex issues that cannot be satisfactorily examined before the end of the initial period; and
(ii)council, at least 25 working days before the end of the initial period, takes reasonable steps to tell each interested person for the place or object that the council seeks an extension of time to make the guidelines; and
(iii)council, at least 25 working days before the end of the initial period, gives the Minister written notice (an extension notice) stating—
(A)that the council seeks an extension of time to make the guidelines; and
(B)the reasons for the extension; and
(iv)Minister does not, within 10 working days after receiving an extension notice, tell the council in writing that the extension notice is opposed;
(c)the Minister gives the council a direction under section 26C.
(4)An extension is—
(a)if subsection (3) (a) applies—the period of extended provisional registration; or
(b)if subsection (3) (b) applies—3 months beginning on the day after the end of the initial period; or
(c)if subsection (3) (c) applies—3 months beginning on the day after the end of the initial period; or
(d)if subsection (3) (a) and (b) apply—the period in paragraph (a) only; or
(e)if subsection (3) (a) and (c) apply—the period in paragraph (a) plus the period in paragraph (c); or
(f)if subsection (3) (b) and (c) apply—the period in paragraph (b) plus the period in paragraph (c); or
(g)if subsection (3) (a), (b) and (c) apply—the period in paragraph (a) plus the period in paragraph (c).
(5)An extension notice that is not opposed by the Minister—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days of the last day on which the Minister could have opposed the extension notice.
(6)The council must, as soon as practicable, give additional public notice of the extension notice under subsection (5).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(7)If the council has not made the guidelines by the end of the period allowed under this section—
(a)the proposal for the guidelines lapses; and
(b)if the council wishes to make the guidelines—the council must comply with the requirements under section 26 (Public consultation about heritage guidelines) again.
26BReport to Minister about public consultation on heritage guidelines
As soon as practicable after the end of the public consultation period in relation to heritage guidelines, the council must give the Minister a written report that—
(a)identifies the guidelines the council proposes to make; and
(b)gives the council’s view about the need for the proposed guidelines; and
(c)identifies any issues raised in written comments made to the council before the end of the public consultation period; and
(d)includes a copy of the written comments (if any); and
(e)identifies any other change the council proposes to make to the guidelines taking into account the issues raised in the written comments.
26CMinister may require further consideration by council on heritage guidelines
(1)The Minister may direct the council to give further consideration to—
(a)issues raised in, or arising from, its report to the Minister under section 26B; or
(b)any other matter the Minister considers—
(i)relevant to the proposed guidelines; and
(ii)related to the functions of the council.
(2)The Minister must give the direction to the council in writing within 15 working days after the day the report is given to the Minister.
26DHeritage guidelines revocation
The heritage guidelines for a particular place or object are revoked if the place or object ceases to be registered.
NoteA registered place or object includes a provisionally registered place or object (see s 11).
26ENotification about heritage guidelines
The council must, as far as practicable, give each interested person for a place or object written notice about the following:
(a)proposed heritage guidelines for the place or object;
(b)notification of the guidelines;
(c)revocation of the guidelines.
NoteIf a provision of a law requires something to be done but does not provide a time for doing the thing, the thing must or may be done as soon as possible and as often as needed (see Legislation Act, s 151B).
Application of heritage guidelines
(1)A function under this Act that relates, directly or indirectly, to the conservation of a place or object must be exercised in accordance with any applicable heritage guidelines.
(2)Subsection (1) applies, in particular, to the following functions:
(a)the giving of advice to the territory planning authority under section 60 (Advice about effect of development on heritage significance), particularly in relation to ways of avoiding or minimising the effect of a development on the heritage significance of a place or object;
(b)the giving of a heritage direction;
(c)the giving of a repair damage direction;
(d)the making of a heritage order;
(e)the making of a heritage agreement.
Part 6Registration of places and objects
Division 6.1 Provisional registration
Application for provisional registration of place or object—nomination application
(1)A person may make an application (a nomination application) requesting that the council provisionally register a place or object under section 33.
(2)A nomination application must—
(a)be in writing; and
(b)be given to the council; and
(c)include the following details about the place or object to which the nomination relates:
(i)its name;
(ii)its location or address;
(iii)a statement by the applicant about why the place or object has heritage significance.
NoteSection 117 deals with giving documents to the council.
(3)The council may reject a nomination application if it is not made in accordance with subsection (2).
NoteIf particular information is to be included in the form for a nomination application, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).
Decision about nomination application
(1)This section applies if the council—
(a)receives a nomination application; and
(b)does not reject it under section 28 (3).
(2)The council must, as soon as practicable—
(a)assess the merit of the nomination application; and
(b)either—
(i)dismiss the application; or
(ii)accept the application and consider whether to provisionally register the place or object the subject of the application under section 32.
(3)The council must dismiss the nomination application if—
(a)the council is satisfied on reasonable grounds that the application is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or
(b)the council believes on reasonable grounds that accepting the application is unlikely to result in registration of the place or object; or
(c)the council—
(i)knows, or believes on reasonable grounds, the application contains incorrect, insufficient or outdated information about the place or object the subject of the application; and
(ii)is satisfied on reasonable grounds that, because of the incorrect, insufficient or outdated information, accepting the application is unlikely to result in registration of the place or object; or
(d)after the application is made—
(i)something happens to the place or object the subject of the application that changes any of the details about the place or object provided in the application; and
(ii)the council is satisfied there are no longer any grounds for accepting the application; or
(e)the council—
(i)has previously decided not to register the place or object the subject of the application; and
(ii)is satisfied that the application shows no substantial new grounds for registration.
(4)The council must, as far as practicable within 15 working days after making a decision under subsection (2) (b)—
(a)if the council dismisses the application—give the applicant written notice of the dismissal and the reasons for the dismissal; or
(b)if the council accepts the application—tell each interested person about the decision.
NoteInterested person—see s 13.
(5)In this section:
lacking in substance—a nomination application is lacking in substance if the council is satisfied on reasonable grounds that the application contains insufficient information for the council to make a decision about provisional registration.
Request for urgent provisional registration
(1)A person may make an application (an urgent provisional registration application) requesting that the council urgently decide whether to provisionally register a place or object.
(2)An urgent provisional registration application—
(a)must be in writing; and
(b)must be given to the council; and
(c)may be made—
(i)at the same time as a nomination application for the place or object to which the urgent provisional registration application relates is given to the council, or a later time; and
(ii)by the same person who made the nomination application, or someone else; and
(d)must explain the circumstances that require an urgent decision to be made.
Examples—urgent provisional registration applications
1 a member of the Legislative Assembly applies for urgent provisional registration to protect a place or object under imminent threat
2 a developer applies for urgent provisional registration to avoid delay in a development project
NoteSection 117 deals with giving documents to the council.
(3)The council must accept the application only if—
(a)the place or object mentioned in the application is a nominated place or object; and
(b)either—
(i)the application complies with subsection (2); or
(ii)if the application does not comply with subsection (2)—the council agrees to accept the application; and
(c)the council is satisfied an urgent decision must be made because—
(i)if the heritage council believes on reasonable grounds that the place or object is likely to have heritage significance—1 or more of the following is reasonably likely to occur if the decision is not made:
(A)the likely heritage significance of the place or object will be diminished or damaged;
(B)if a development application applies to the place or object—approval of the development proposal will authorise action that will diminish or damage the place or object; or
(ii)the heritage council believes on reasonable grounds that the application is reasonable in the circumstances.
(4)If the council accepts the application, the council must—
(a)as far as practicable, make a decision under section 32 about the place or object—
(i)if the place is a precinct—within 60 working days after the day the council receives the application; or
(ii)in any other case—within 20 working days after the day the council receives the application; and
(b)notify each interested person of the decision.
(5)If the council dismisses the application the council must notify the applicant of the dismissal as far as practicable within 15 working days of the decision.
30AChange to nominated place or object before provisional registration decision
(1)This section applies if, before the council makes a decision under section 32 in relation to a nominated place or object—
(a)the council knows, or believes on reasonable grounds, that information in the nomination application for the place or object is now incorrect, insufficient or outdated; or
(b)since the nomination application for the place or object was made or accepted, something has happened to the place or object that changes a detail about the place or object mentioned in the application.
(2)The council may reassess the merit of the nomination application.
(3)If the council reassesses the merit of the nomination application, it must—
(a)dismiss the application; or
(b)accept the application and consider whether to provisionally register the place or object the subject of the application under section 32.
NoteIf a nomination application is dismissed under s (3) (a), the place or object the subject of the application is no longer a nominated place or object (see dict, def nominated, par (b)).
(4)The council must dismiss the application if a circumstance mentioned in section 29 (3) applies.
(5)The council must, as far as practicable within 15 working days after making a decision under subsection (3)—
(a)if the council dismisses the application—give the applicant written notice of the dismissal and the reasons for the dismissal; or
(b)if the council accepts the application—tell each interested person about the decision.
NoteInterested person—see s 13.
Council must consult representative Aboriginal organisation
The council must consult each representative Aboriginal organisation about an Aboriginal place or an Aboriginal object before making a decision about registration under division 6.1 (Provisional registration) for the place or object.
31AConsultation with scientific committee about provisional registration
The council must consult the scientific committee before making a decision about registration under division 6.1 (Provisional registration) for a place or object that forms part of the natural environment.
Decision about provisional registration
(1)The council—
(a)must decide whether or not to provisionally register a nominated place or object; and
(b)may decide to provisionally register a place or object that is not a nominated place or object.
(2)However, the council may provisionally register a place or object only if satisfied on reasonable grounds that the place or object is likely to have heritage significance.
Provisional registration of place or object
To provisionally register a place or object, the council must enter in the register—
(a)the registration details for the place or object; and
(b)an indication that the registration is provisional.
Notice of decision about provisional registration
(1)The council must prepare a written notice about a decision made under section 32 (1).
(2)A notice under subsection (1)—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days after the day the decision under section 32 (1) is made.
(3)The council must, as soon as practicable, give additional public notice of the notice under subsection (1).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(4)The council must use its best endeavours to give a copy of the notice to each interested person within 15 working days after the day the decision is made.
NoteSection 13 defines interested person.
(5)The notice must include—
(a)for a decision to provisionally register the place or object—the following:
(i)the registration details of the place or object;
(ii)the council’s reasons for its decision;
(iii)the date of provisional registration;
(iv)an indication of the council’s intention to decide whether to register the place or object under division 6.2; and
(b)for a decision not to provisionally register the place or object—the following:
(i)the name of the place or object;
(ii)the location or address of the place or object;
(iii)a description of the place or object, including (if relevant) its extent or boundary;
(iv)the council’s reasons for its decision;
(v)if an assessment of the place or object has been made against the heritage significance criteria—the assessment;
(vi)the date the decision takes effect.
(6)The notice must not include restricted information.
Period of provisional registration
(1)The period of provisional registration of a place or object begins on the day the place or object is provisionally registered under section 33 (the provisional registration day) and ends—
(a)for a precinct—9 months after the provisional registration day; or
(b)in any other case—5 months after the provisional registration day.
(2)A period mentioned in subsection (1) (the initial period) is extended for an additional period (an extension), not more than 3 months, if—
(a)the council is required to resolve complex issues in relation to the place or object provisionally registered and the council is satisfied on reasonable grounds that the initial period will end before it is able to resolve the issues; and
(b)the council, at least 25 working days before the end of the initial period, takes reasonable steps to tell each interested person for the place or object that the council seeks an extension; and
(c)the council, at least 25 working days before the end of the initial period, gives the Minister written notice (an extension notice) stating—
(i)that the council seeks an extension; and
(ii)the length of the extension sought, including the beginning and end dates of the extension; and
(iii)the reasons for the extension; and
(d)the Minister does not, within 10 working days after receiving an extension notice, tell the council in writing that the extension is opposed.
(3)If the Minister gives the council a direction under section 39 the initial period is extended for 3 months beginning—
(a)on the day after the end of the initial period; or
(b)if an extension applies to the initial period—on the day after the end of the extension period.
(4)However, if a termination event happens before the end of a period of provisional registration worked out under this section, the period of provisional registration ends on the day the event happens.
(5)An extension notice that is not opposed by the Minister—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days of the last day on which the Minister could have opposed the extension notice.
(6)The council must, as soon as practicable, give additional public notice of the extension notice under subsection (5).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(7)In this section:
termination event, for a period of provisional registration for a place or object, means a decision by the council to register or not register the place or object under division 6.2.
End of period of provisional registration without decision
If the period of provisional registration for a place or object ends and the council has not made a decision about whether or not to register the place or object under division 6.2, the place or object is taken to be a nominated place or object.
NoteIf a place or object is a nominated place or object the council must decide whether or not to provisionally register the nominated place or object (see s 32).
Division 6.2 Registration
Public consultation about registration of place or object
(1)A notice under section 34 (Notice of decision about provisional registration) must include an invitation to make comments, in writing, about the registration of the place or object to the council within 4 weeks after the day the notice is notified under the Legislation Act (the public consultation period).
NoteSection 117 deals with giving documents to the council.
(2)The council may give public notice (an extension notice) to extend the public consultation period.
Note 1Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2The council may extend the public consultation period after it has ended (see Legislation Act, s 151C).
(3)An extension notice is a notifiable instrument.
(4)In deciding whether to register a place or object under this division, the council—
(a)must consider any written comments made to the council about the registration before the end of the public consultation period; and
(b)may consider any written comments made to the council about the registration after the end of the public consultation period.
Report to Minister about public consultation
As soon as practicable after the end of the public consultation period in relation to the registration of a place or object, the council must give the Minister a written report that—
(a)identifies the place or object; and
(b)gives the council’s view about whether the place or object should be registered under this division; and
(c)identifies issues raised in written comments made to the council before the end of the public consultation period; and
(d)includes a copy of the written comments (if any); and
(e)identifies any other change the council proposes to make to the registration having regard to the issues raised in the written comments.
Minister may require council to further consider issues related to registration
(1)The Minister may direct the council to give further consideration to the following when considering a place or object for registration under this division:
(a)any issue raised in, or arising from, the council’s report to the Minister for the place or object under section 38;
(b)any issue relating to the council’s functions.
(2)The Minister must give the direction to the council in writing within 15 working days after the day the report is given to the Minister.
Decision about registration
(1)If a place or object is provisionally registered the council must either—
(a)decide to register the place or object under this division by—
(i)entering the registration details for the place or object in the register; and
(ii)removing the indication that registration is provisional; and
(iii)preparing written notice of the decision; or
(b)decide not to register the place or object under this division by preparing a written notice stating—
(i)the decision; and
(ii)the date the decision takes effect (the cancellation date).
(2)The cancellation date must not be a date before the end of the period an interested person may apply to the ACAT for a review of the decision.
(3)A notice under this section—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days after the day the decision is made; and
(c)must include the following information:
(i)the registration details of the place or object;
(ii)the reasons for the council’s decision;
(iii)for a decision to register a place or object—the date registration takes effect; and
(d)must not include restricted information.
(4)The council must, as soon as practicable, give additional public notice of the notice under subsection (3).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(5)The council must take reasonable steps to give a copy of the notice to each interested person within 15 working days after the day the decision is made.
NoteInterested person—see s 13.
(6)However, any decision of the council under this section may only be made if—
(a)the council is satisfied on reasonable grounds that the place or object has heritage significance; and
(b)the council has complied with any direction given by the Minister under section 39.
Division 6.3 Registration of place or object protected under Nature Conservation Act 2014
42ARegistration of place or object under this Act limited if place or object already protected under Nature Conservation Act 2014
(1)This section applies if a place or object includes or is likely to include—
(a)the habitat of—
(i)a threatened native species; or
(ii)a threatened ecological community; or
(b)a key threatening process.
(2)The council may register the place or object only if the place or object also has—
(a)cultural heritage significance; or
(b)natural heritage significance of a kind not protected under the Nature Conservation Act 2014.
Example
The council registers a homestead and its surrounding property that includes a threatened ecological community because of either of the following:
(a) the homestead and surrounding property have cultural heritage significance because of the homestead’s special association with the ACT community;
(b) the surrounding property on which the homestead is located contains an unusual geological formation (the Nature Conservation Act 2014 is principally concerned with the protection of flora and fauna).
(3)In this section:
habitat—see the Nature Conservation Act 2014, dictionary.
key threatening process—see the Nature Conservation Act 2014, section 74.
threatened ecological community—see the Nature Conservation Act 2014, section 67.
threatened native species—see the Nature Conservation Act 2014, section 61.
Part 7Cancellation of registration
Cancellation proposal
(1)A person may make an application proposing, or the council may on its own initiative propose, that a place or object registered under division 6.2 cease to be registered (a cancellation proposal).
(2)A cancellation proposal made by a person must—
(a)be in writing; and
(b)be given to the council; and
(c)include the following details about the place or object to which the proposal relates:
(i)its name;
(ii)its location or address;
(iii)a statement by the applicant about why the place or object does not have heritage significance.
NoteSection 117 deals with giving documents to the council.
(3)As soon as practicable after receiving the cancellation proposal, the council must assess the merit of the proposal and—
(a)dismiss the proposal if—
(i)the council is satisfied on reasonable grounds that the proposal is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or
(ii)the council has previously decided not to cancel the registration of the place or object to which the proposal relates, and is satisfied that the proposal shows no substantial new grounds for cancellation; or
(b)if the proposal is not dismissed under paragraph (a)—accept the proposal and exercise the council’s functions under section 49 (Decision about cancellation proposal).
(4)The council must—
(a)if the council dismisses a proposal—give the person who made the proposal written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the day the decision is made; and
(b)if the council accepts the proposal, or makes a proposal on its own initiative—tell each interested person about the decision as far as practicable within 15 working days after the day the decision is made.
NoteInterested person—see s 13.
Notice of cancellation proposal
(1)The council must prepare a written notice of each cancellation proposal.
(2)A notice under subsection (1)—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days after the day the proposal is given to the council.
(3)The council must, as soon as practicable, give additional public notice of the notice under subsection (1).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(4)The council must give a copy of the notice to each interested person as far as practicable within 15 working days after—
(a)for a cancellation proposal made by a person—the day the proposal is given to the council; or
(b)for a cancellation proposal made by the council—the day the council makes the proposal.
NoteInterested person—see s 13.
(5)A notice under this section must include the following:
(a)the registration details of the place or object;
(b)the proponent’s reasons for the cancellation proposal;
(c)the date the proposal was given to the council.
(6)The notice must not include restricted information.
Consultation with representative Aboriginal organisation about cancellation proposal
(1)This section applies if a cancellation proposal is made about an Aboriginal place or Aboriginal object registered under division 6.2.
(2)In deciding whether the place or object should cease to be registered, the council must consult, and consider the views of, each representative Aboriginal organisation about the proposal.
45AConsultation with scientific committee about cancellation proposal
(1)This section applies if a cancellation proposal is made in relation to a place or object that forms part of the natural environment.
(2)In deciding whether the place or object should cease to be registered, the council must consult, and consider the views of, the scientific committee.
Public consultation about cancellation proposal
(1)A notice under section 44 (Notice of cancellation proposal) in relation to the registration of a place or object must include an invitation to make comments, in writing, about the proposal to the council within 4 weeks after the day the notice is notified under the Legislation Act (the public consultation period).
NoteSection 117 deals with giving documents to the council.
(2)The council may give public notice to extend the consultation period (an extension notice).
Note 1Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2The council may extend the consultation period after it has ended (see Legislation Act, s 151C).
(3)An extension notice is a notifiable instrument.
(4)In deciding whether a place or object registered under division 6.2 should cease to be registered, the council—
(a)must consider any written comments made to the council about the proposed cancellation before the end of the public consultation period; and
(b)may consider any written comments made to the council about the proposed cancellation after the end of the public consultation period.
Report to Minister about public consultation
As soon as practicable after the end of the public consultation period in relation to the cancellation of the registration of a place or object, the council must give the Minister a written report that—
(a)identifies the place or object; and
(b)gives the council’s view about whether the registration of the place or object should be cancelled under this part; and
(c)identifies issues raised in written comments made to the council before the end of the public consultation period; and
(d)includes a copy of the written comments (if any); and
(e)if the council’s view is not to cancel the registration of the place or object—identifies any change the council proposes to make to the registration having regard to the issues raised in the written comments.
Minister may require council to further consider issues related to cancellation
(1)The Minister may direct the council to give further consideration to the following when considering a cancellation proposal:
(a)any issue raised in, or arising from, the council’s report to the Minister for the place or object under section 47;
(b)any issue relating to the council’s functions.
(2)The Minister must give the direction to the council in writing within 15 working days after the day the report is given to the Minister.
Decision about cancellation proposal
(1)If the council receives a cancellation proposal about a registered place or object, or proposes cancellation on its own initiative, the council must by written notice either—
(a)decide to end the registration of the place or object, in accordance with the proposal by entering the following information in the heritage register:
(i)particulars of the place or object and its registration;
(ii)the reasons for the decision;
(iii)the date the decision takes effect (the cancellation date); or
(b)decide not to end the registration of the place or object.
(2)However, any decision of the council under subsection (1) (a) may only be made if—
(a)the council is satisfied on reasonable grounds that the place or object no longer has heritage significance; and
(b)the council has complied with any direction given by the Minister under section 48.
(3)The cancellation date must not be a date that happens before the end of the period an interested person may apply to the ACAT for a review of the decision.
(4)A notice under subsection (1)—
(a)is a notifiable instrument; and
(b)must be notified under the Legislation Act within 5 working days after the day the decision is made.
(5)The council must, as soon as practicable, give additional public notice of a notice under subsection (1).
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (5) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(6)The council must take reasonable steps to give a copy of the notice to each interested person within 15 working days after the day the decision is made.
Partial cancellation of registration of place or object
(1)In this part:
cancellation includes partial cancellation.
partial cancellation means the exclusion of part of a registered place or object.
(2)This part applies to a partial cancellation as if—
(a)a reference to a registered place or object were a reference to the part of the place or object to be excluded; and
(b)all other necessary changes, including any changes prescribed by regulation, were made.
Part 8Management of Aboriginal places and Aboriginal objects
Reporting discovery of Aboriginal place or object
(1)A person commits an offence if the person—
(a)discovers an Aboriginal place or object; and
(b)has reasonable grounds to believe it is an Aboriginal place or object; and
(c)fails to take reasonable steps to report the discovery to the council, in accordance with subsection (2), as soon as practicable after the day of the discovery.
Maximum penalty: 5 penalty units.
(2)The report must be in writing and must include the following:
(a)a description of the place or object and its location;
(b)the person’s name and address;
(c)if known by the person—the name and address of the owner or occupier of the place where the discovery was made.
(3)A discovery is taken to be reported to the council as soon as practicable if the discovery is reported to the council within 5 working days after the day of the discovery.
(4)An offence against this section is a strict liability offence.
(1)This section applies if—
(a)the council—
(i)may, or must, give notice to a person under this Act; or
(ii)intends taking action under this Act which affects a person; and
(b)the person is an uncontactable person.
(2)The council may, in writing, ask the commissioner for revenue for either of the following:
(a)the person’s name;
(b)the person’s home address or other contact address.
(3)The commissioner for revenue must provide the council with the information requested in accordance with subsection (2).
NoteSee also the Taxation Administration Act 1999, s 97 (1) (d) for power to disclose the information.
(4)In this section:
uncontactable person means a person for whom the council does not have, or only has incomplete or outdated information about—
(a)the person’s name; or
(b)the person’s address.
118BCouncil may ask for information about leases from commissioner for revenue
(1)The council may, in writing, ask the commissioner for revenue for the following information in relation to a lease:
(a)the lessee’s name;
(b)the lessee’s home address or other contact address.
Note 1The Territory privacy principles apply to the council (see Information Privacy Act 2014, sch 1).
Note 2The council may ask the commissioner for information in relation to more than 1 lease at a time. Words in the singular include the plural (see Legislation Act, s 145 (b)).
(2)The commissioner for revenue must disclose the information required in a request made in accordance with subsection (1).
NoteSee also the Taxation Administration Act 1999, s 97 (1) (d) for power to disclose the information.
(3)The council must not—
(a)make a request under subsection (1) in relation to a lease more often than—
(i)once every 3 months; or
(ii)if a regulation prescribes a longer period—once each period; and
(b)use the information provided by the commissioner for revenue about a lessee other than—
(i)for giving notice to the lessee under this Act; or
(ii)to take action under this Act which affects the lessee.
(4)Nothing in this section prevents the council from asking for information under section 118A.
(5)In this section:
lease—see the Planning Act 2023, section 257.
lessee—see the Planning Act 2023, section 256.
Approved forms
(1)The Minister may approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
(3)An approved form is a notifiable instrument.
Determination of fees
(1)The Minister may determine fees for this Act.
(2)A determination is a disallowable instrument.
Delegation
The council may delegate the council’s functions under this Act or another territory law to the director‑general.
Note 1For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
Note 2The director‑general may subdelegate a function delegated to the director‑general under this section (see Public Sector Management Act 1994, s 20).
Regulation-making power
The Executive may make regulations for this Act.
Schedule 1Reviewable decisions
(see pt 17)
| column 1 item | column 2 section | column 3 decision | column 4 decision-maker |
| 1 | 40 | register, or not register, place or object | council |
| 2 | 49 | to cancel, or not cancel, registration of place or object | council |
| 3 | 56 | to approve, or not approve, publication of restricted information | council |
| 4 | 62 | to make, or not make, heritage direction | council |
| 5 | 62 | revoke, or not revoke, heritage direction | council |
| 6 | 67A | give a repair damage direction | council |
| 7 | 67B | refuse to give extension of time to comply with repair damage direction | council |
| 8 | 95 | give information discovery order | council |
Dictionary
(see s 4)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
· ACAT
· chief planner
· commissioner for revenue
· conservator of flora and fauna
· director‑general (see s 163)
· entity
· exercise
· function
· home address
· interest
· Minister (see s 162)
· national capital authority
· notification
· public sector body
· reviewable decision notice
· territory land
· territory law
· territory planning authority
· working day.
Aboriginal cultural tree, for part 10A (Tree damaging activity etc)—see the Urban Forest Act 2023, dictionary.
Aboriginal object—see section 9.
Aboriginal place—see section 9.
Aboriginal tradition means Aboriginal tradition, observance, custom or belief, including Aboriginal tradition, observance, custom or belief that has evolved or developed since European colonisation of Australia.
appeal, in relation to a reviewable decision, means an application to the ACAT to review the decision.
appeal period means the period within which an appeal may be made.
at premises includes on the premises.
authorised person means a person appointed as an authorised person under section 78.
cancellation, for part 7 (Cancellation of registration)—see section 50.
cancellation proposal—see section 43.
connected, for part 14 (Enforcement)—see section 77.
conservation includes preservation, protection, maintenance, restoration and reconstruction.
conservation management plan means a plan that—
(a)sets out the conservation measures that must be adopted for, and conditions on future use of, a place or object or Aboriginal place or object to conserve its heritage significance; and
(b)identifies any threat, or potential threat, to the heritage significance of the place or object or Aboriginal place or object, and sets out a plan for management of the threats; and
(c)includes the following information:
(i)a description of the place or object or Aboriginal place or object;
(ii)the history of the place or object or Aboriginal place or object;
(iii)details about the heritage significance of the place or object or Aboriginal place or object;
(iv)any other matter prescribed by regulation.
conservation requirement means a requirement under any heritage guideline that applies, directly or indirectly, to conservation of the heritage significance of a place or object.
conservator means the conservator of flora and fauna.
consultation notice—see section 26.
council means the Australian Capital Territory Heritage Council established under section 16.
cultural heritage significance—see section 10B.
decision-maker—
(a)for part 10A (Tree damaging activity etc)—see the Urban Forest Act 2023, dictionary; and
(b)for part 17 (Notification and review of decisions)—see section 112.
development, for part 10 (Land development applications)—see section 58.
enforcement order means an order under section 104.
engage in conduct means—
(a)do an act; or
(b)omit to do an act.
excavation application—see section 61E.
excavation permit—see section 61F.
heritage agreement—see section 99.
heritage decision means a decision under—
(a)section 32 (Decision about provisional registration); or
(b)section 40 (Decision about registration); or
(c)section 49 (Decision about cancellation proposal).
heritage direction—see section 62.
heritage guidelines—see section 25.
heritage object, for which a public sector body is responsible—see section 107.
heritage order—see section 69.
heritage place, for which a public sector body is responsible—see section 107.
heritage report—see section 108.
heritage register—see section 20.
heritage significance—see section 10.
heritage significance criteria—see section 10.
information discovery order—see section 95.
interested person—see section 13.
natural heritage significance—see section 10A.
nominated, place or object, means a place or object the subject of a nomination application that is—
(a)accepted by the council under section 29 (2) (b) (ii); and
(b)not dismissed by the council under section 30A (3) (a).
Note 1A nominated place or object is eligible to be considered for provisional registration, but is not yet provisionally registered under s 32.
Note 2A place or object is taken to be a nominated place or object under s 36.
nomination application—see section 28.
object—see section 8.
occupier, for part 14 (Enforcement)—see section 77.
offence, for part 14 (Enforcement)—see section 77.
owner, of a place, means—
(a)the registered proprietor of a lease granted under the Planning Act 2023 over land that includes the place; or
(b)a unit owner within the meaning of the Unit Titles Act 2001, if the lease of the unit is over land that includes the place; or
(c)an owners corporation within the meaning of the Unit Titles (Management) Act 2011, if the common property covers land that includes the place.
partial cancellation, for part 7 (Cancellation of registration)—see section 50.
place—see section 8.
precinct means an area that contains buildings, structures or other constructed features that—
(a)are spatially or thematically connected; and
(b)have a distinct identity; and
(c)are located in, or make up, a discernable zone.
Example—precinct
1 a brick furnace, chimney and adjoining clay quarry
2 a powerhouse with adjoining railway track and rail yard
3 a homestead with associated structures, sheds and surrounding property
premises includes land.
public consultation period—
(a)for division 6.2 (Registration)—see section 37; and
(b)for part 7 (Cancellation of registration)—see section 46.
register amendment application—see section 24 (3).
registered—see section 11.
registered proprietor, of a lease, means the person registered under the Land Titles Act 1925 as the proprietor of the lease.
registration details—see section 12.
repair damage direction—see section 67A (2).
representative Aboriginal organisation—see section 14.
restricted information means information declared to be restricted information under section 54 (Declaration of restricted information).
reviewable decision—see section 111.
scientific committee—see the Nature Conservation Act 2014, dictionary.
statement of heritage effect—see section 61G.
tree damaging activity, for part 10A (Tree damaging activity etc)—see section 61A.
tree management plan, for part 10A (Tree damaging activity etc)—see the Urban Forest Act 2023, dictionary.
urgent provisional registration application—see section 30.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Heritage Act 2004 A2004-57
notified LR 9 September 2004
s 1, s 2 commenced 9 September 2004 (LA s 75 (1))
remainder commenced 9 March 2005 (s 2 and LA s 79)as amended by
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.27
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.27 commenced 2 June 2005 (s 2 (1))Tree Protection Act 2005 A2005-51 sch 1 pt 1.2
notified LR 29 September 2005
s 1, s 2 commenced 29 September 2005 (LA s 75 (1))
sch 1 pt 1.2 commenced 29 March 2006 (s 2 and LA s 79)Statute Law Amendment Act 2007 (No 2) A2007-16 sch 1 pt 1.2, sch 3 pt 3.19
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 1 pt 1.2, sch 3 pt 3.19 commenced 11 July 2007 (s 2 (1))Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.17
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.17 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.29
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.29 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.41
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.41 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.38
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.38 commenced 17 December 2009 (s 2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.80
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.80 commenced 1 July 2011 (s 2 (1))Unit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.4
notified LR 3 November 2011
s 1, s 2 commenced 3 November 2011 (LA s 75 (1))
sch 5 pt 5.4 commenced 30 March 2012 (s 2 and CN2012-6)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.23
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
amdt 3.86, amdt 3.87 commenced 5 June 2012 (s 2 (2))
sch 3 pt 3.23 remainder commenced 5 June 2012 (s 2 (1))Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.5
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 1 pt 1.5 commenced 22 February 2013 (s 2)Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.11
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.11 commenced 10 June 2014 (s 2 (1))Heritage Legislation Amendment Act 2014 A2014‑43 pt 2
notified LR 3 October 2014
s 1, s 2 commenced 3 October 2014 (LA s 75 (1))
pt 2 commenced 4 October 2014 (s 2 (1))Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.8
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
sch 2 pt 2.8 commenced 11 June 2015 (s 2 (1) and LA s 79)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.35
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.35 commenced 14 October 2015 (s 2)Planning, Building and Environment Legislation Amendment Act 2016 (No 2) A2016‑24 pt 7
notified LR 11 May 2016
s 1, s 2 commenced 11 May 2016 (LA s 75 (1))
pt 7 commenced 12 May 2016 (s 2 (1))Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.11
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.11 commenced 21 June 2016 (s 2)Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.35
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.35 commenced 1 September 2016 (s 2)Planning, Building and Environment Legislation Amendment Act 2017 (No 2) A2017-20 pt 7
notified LR 15 June 2017
s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
pt 7 commenced 16 June 2017 (s 2)Planning, Building and Environment Legislation Amendment Act 2018 A2018-18 pt 3
notified LR 16 May 2018
s 1, s 2 commenced 16 May 2018 (LA s 75 (1))
pt 3 commenced 17 May 2018 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.21
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.21 commenced 23 October 2018 (s 2 (4))Heritage Amendment Act 2020 A2020-3
notified LR 25 February 2020
s 1, s 2 commenced 25 February 2020 (LA s 75 (1))
remainder commenced 26 February 2020 (s 2)Emergencies Amendment Act 2020 A2020-47 sch 1 pt 1.3
notified LR 3 September 2020
s 1, s 2 commenced 3 September 2020 (LA s 75 (1))
sch 1 pt 1.3 commenced 4 September 2020 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.22
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.22 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.33
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.33 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.3
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Planning and Environment Legislation Amendment Act 2024 A2024‑21 pt 4
notified LR 24 May 2024
s 1, s 2 commenced 24 May 2024 (LA s 75 (1))
pt 4 commenced 31 May 2024 (s 2 (1))Heritage Amendment Act 2024 A2024‑32
notified LR 9 July 2024
s 1, s 2 commenced 9 July 2024 (LA s 75 (1))
remainder commenced 10 July 2024 (s 2)Heritage and Planning Legislation Amendment Act 2025 A2025-15 pt 2
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 2 commenced 2 June 2025 (s 2)Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.47, sch 4 pt 4.92
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.47, sch 4 pt 4.92 commenced 16 November 2025 (s 2 (1), (9))Amendment history
Commencement
s 2om LA s 89 (4)
Objects of Act
s 3am A2014‑43 s 4, s 5
Exercise of functions under Act
s 3Ains A2005‑51 amdt 1.3
om A2014‑43 s 6
ins A2014‑43 s 5
Registration of urban tree
s 3Bins A2014‑43 s 6
am A2023-52 amdt 1.5
Application of Act to Emergencies Act 2004
s 7am A2012‑21 amdt 3.86, amdt 3.87
sub A2016‑33 amdt 1.28
am A2020‑47 amdts 1.6-1.8; pars renum R29 LA
Meaning of object and place
s 8sub A2014‑43 s 7
Meaning of Aboriginal object and Aboriginal place
s 9sub A2014‑43 s 7
Meaning of heritage significance
s 10sub A2014‑43 s 7
am A2016‑24 s 24
Meaning of natural heritage significance
s 10Ains A2014‑43 s 7
Meaning of cultural heritage significance
s 10Bins A2014‑43 s 7
Meaning of registered
s 11 hdgsub A2014‑43 s 8
Meaning of registration details
s 12 hdgsub A2014‑43 s 9
Meaning of interested person
s 13am A2007‑16 amdt 1.3
sub A2014‑43 s 10
am A2016‑24 s 44, s 45; A2020‑3 s 4; pars renum R28 LA; A2023-36 amdt 1.166; A2025‑29 amdt 3.155
Meaning of representative Aboriginal organisation
s 14 hdgsub A2014‑43 s 11
s 14am A2012‑21 amdts 3.88-3.90; A2014‑43 s 12; A2015‑33 amdt 1.106; ss renum R20 LA; A2025‑29 amdt 4.92
Conservation management plan
s 15om A2014‑43 s 13
Members of council
s 17am A2007‑16 amdt 3.69; A2023-36 amdt 1.167; A2024‑32 ss 4-6; ss renum R34 LA
Functions of council
s 18am A2007‑16 amdt 3.70; A2007‑25 amdt 1.72; A2023-36 amdt 1.168, amdt 1.169; A2025‑29 amdt 3.158
Ministerial statement of priorities
s 18Ains A2024-21 s 19
Procedures of council
s 19am A2023-36 amdt 1.170
Council must consult scientific committee on matters affecting natural heritage significance
s 19A hdgam A2014‑59 amdt 2.29
s 19Ains A2014‑43 s 14
am A2014‑59 amdt 2.29
Establishment of heritage register
s 20am A2014‑43 ss 15-17; pars renum R18 LA; A2020‑3 s 5; pars renum R28 LA; A2024‑32 s 7
Public access to heritage register
s 21am A2012‑21 amdt 3.91, amdt 3.92; A2025‑29 amdt 4.92
Heritage register corrections and changes
s 24sub A2014‑43 s 18
am A2025‑29 amdt 4.92
Effect of further registration decision about registered place or object
s 24Ains A2014‑43 s 18
Guidelines about conserving heritage significance
s 25am A2007‑25 amdt 1.73; A2012‑21 amdt 3.93; A2014‑43 s 19, s 20; A2025‑29 amdt 4.92
Public consultation about heritage guidelines
s 26am A2014‑43 s 21; A2015‑33 amdt 1.107; ss renum R20 LA; A2016‑24 ss 25-27, s 45, s 46; ss renum R21 LA; A2025‑29 amdt 4.92
Period for making heritage guidelines
s 26Ains A2014‑43 s 22
am A2015‑33 amdt 1.108; ss renum R20 LA
Report to Minister about public consultation on heritage guidelines
s 26Bins A2014‑43 s 22
am A2016‑24 s 46
Minister may require further consideration by council on heritage guidelines
s 26Cins A2014‑43 s 22
Heritage guidelines revocation
s 26Dins A2014‑43 s 22
Notification about heritage guidelines
s 26Eins A2014‑43 s 22
Application of heritage guidelines
s 27am A2020‑3 s 6; pars renum R28 LA; A2023-36 amdt 1.171
Application for provisional registration of place or object—nomination application
s 28sub A2014‑43 s 23
am A2024‑32 s 8; A2025‑29 amdt 4.92
Decision about nomination application
s 29sub A2014‑43 s 23; A2024‑32 s 9
Request for urgent provisional registration
s 30sub A2014‑43 s 23
am A2016‑24 ss 28-30; A2025‑29 amdt 4.92
Change to nominated place or object before provisional registration decision
s 30Ains A2024‑32 s 10
Council must consult representative Aboriginal organisation
s 31sub A2014‑43 s 23
Consultation with scientific committee about provisional registration
s 31A hdgam A2014‑59 amdt 2.30
s 31Ains A2014‑43 s 23
am A2014‑59 amdt 2.30
Decision about provisional registration
s 32sub A2014‑43 s 23
Notice of decision about provisional registration
s 34am A2014‑43 ss 24-26; A2015‑33 amdt 1.109; ss renum R20 LA; A2016‑24 s 31; A2017‑20 s 14
Period of provisional registration
s 35sub A2014‑43 s 27
am A2015‑33 amdt 1.110; ss renum R20 LA
End of period of provisional registration without decision
s 36am A2012‑21 amdt 3.94
sub A2014‑43 s 27
Public consultation about registration of place or object
s 37am A2014‑43 s 28; A2016‑24 s 32, s 45, s 46; ss renum R21 LA; A2025‑29 amdt 4.92
Report to Minister about public consultation
s 38am A2016‑24 s 46
Minister may require council to further consider issues related to registration
s 39sub A2014‑43 s 29
Decision about registration
s 40sub A2014‑43 s 29
am A2015‑33 amdt 1.111; ss renum R20 LA
Registration of place or object
s 41om A2014‑43 s 29
Notice of decision about registration
s 42om A2014‑43 s 30
Registration of place or object protected under Nature Conservation Act 2014
div 6.3 hdgins A2014‑43 s 31
sub A2014‑59 amdt 2.31
Registration of place or object under this Act limited if place or object already protected under Nature Conservation Act 2014
s 42Ains A2014‑43 s 31
sub A2014‑59 amdt 2.31
Cancellation proposal
s 43sub A2014‑43 s 32
am A2016‑24 s 44; A2025‑29 amdt 4.92
Notice of cancellation proposal
s 44am A2014‑43 s 33, s 34; A2015‑33 amdt 1.112; ss renum R20 LA
Consultation with representative Aboriginal organisation about cancellation proposal
s 45sub A2014‑43 s 35
Consultation with scientific committee about cancellation proposal
s 45A hdgam A2014‑59 amdt 2.32
s 45Ains A2014‑43 s 36
am A2014‑59 amdt 2.32
Public consultation about cancellation proposal
s 46am A2014‑43 s 37; A2016‑24 s 33, s 45, s 46; ss renum R21 LA; A2025‑29 amdt 4.92
Report to Minister about public consultation
s 47sub A2014‑43 s 38
am A2016‑24 s 46
Minister may require council to further consider issues related to cancellation
s 48sub A2014‑43 s 38
Decision about cancellation proposal
s 49sub A2014‑43 s 38
am A2015‑33 amdt 1.113; ss renum R20 LA; A2018‑18 s 10
Partial cancellation of registration of place or object
s 50sub A2007‑16 amdt 1.4
Management of Aboriginal places and Aboriginal objects
pt 8 hdgsub A2014‑43 s 39
Repository for Territory-owned Aboriginal objects
s 53Ains A2014‑43 s 40
Declaration of repository
s 53Bins A2014‑43 s 40
am A2022‑14 amdt 3.115; A2025‑29 amdt 4.92
Ownership of Aboriginal objects on territory land
s 53Cins A2014‑43 s 40
am A2025‑29 amdt 4.92
Declaration of restricted information
s 54am A2014‑43 s 41
Restricted information not to be published without approval
s 55am A2025‑29 amdt 3.158
Approval to publish restricted information
s 56am A2025‑29 amdt 4.92
Limited access to restricted information
s 57sub A2016‑24 s 34
am A2025‑29 amdt 4.92
Meaning of development—pt 10
s 58sub A2007‑25 amdt 1.74
am A2023-36 amdt 1.172
Simplified outline
s 59sub A2007‑25 amdt 1.74
am A2008‑36 amdt 1.344
sub A2023-36 amdt 1.173
Advice about effect of development on heritage significance
s 60am A2007‑25 amdt 1.75
am A2008‑36 amdt 1.344; A2014‑43 s 42;
A2023-36amdt 1.174
Requirements for council’s advice about development
s 61sub A2007‑25 amdt 1.76
am A2014‑18 amdt 3.47; A2014‑43 s 43, s 44;
A2023-36amdt 1.175
Tree damaging activity etc
pt 10A hdgins A2014‑43 s 45
Definitions—pt 10A
s 61Ains A2014‑43 s 45
sub A2023-52 amdt 1.6
def Aboriginal cultural tree ins A2023-52 amdt 1.6
def Aboriginal heritage tree ins A2014‑43 s 45
om A2023-52 amdt 1.6
def decision-maker ins A2023-52 amdt 1.6
def tree damaging activity ins A2014‑43 s 45
sub A2023-52 amdt 1.6
def tree management plan ins A2014‑43 s 45
sub A2023-52 amdt 1.6
Advice about effect of tree damaging activity or tree management plan
s 61Bins A2014‑43 s 45
am A2023-52 amdt 1.7, amdt 1.8
Requirements for advice about tree damaging activity or tree management plan
s 61Cins A2014‑43 s 45
am A2023-52 amdt 1.9, amdt 1.10
Effect of advice about tree damaging activity or tree management plan
s 61Dins A2014‑43 s 45
am A2023-52 amdts 1.11-1.14
Permissions and approvals
pt 10B hdgins A2014‑43 s 45
Application to excavate
s 61Eins A2014‑43 s 45
am A2016‑24 s 35, s 36; A2025‑29 amdt 4.92
Permit to excavate
s 61Fins A2014‑43 s 45
am A2016‑24 s 37
Application for approval of statement of heritage effect
s 61Gins A2014‑43 s 45
am A2025‑29 amdt 4.92
Approval of statement of heritage effect
s 61Hins A2014‑43 s 45
Council may direct application for approval of statement of heritage effect
s 61Iins A2014‑43 s 45
Application for approval of conservation management plan
s 61Jins A2014‑43 s 45
sub A2016‑24 s 38
am A2025‑29 amdt 4.92
Approval of conservation management plan
s 61Kins A2014‑43 s 45
Heritage direction by council
s 62am A2007‑25 amdt 1.77
sub A2014‑43 s 46
am A2016‑24 s 39; A2020‑3 s 7; A2025‑29 amdt 4.92
Service of heritage direction
s 63sub A2014‑43 s 46
Extension of heritage direction
s 64am A2014‑43 s 47; A2020‑3 s 8
Contravention of heritage direction—action by authorised person
s 66am A2014‑43 ss 48-50; A2022‑14 amdt 3.116
Repair damage directions
pt 11A hdgins A2020‑3 s 9
Repair damage direction by council
s 67Ains A2020‑3 s 9
am A2023-36 amdt 1.176; A2025‑29 amdt 4.92
Extension of repair damage direction
s 67Bins A2020‑3 s 9
Offence—fail to comply with repair damage direction
s 67Cins A2020‑3 s 9
Repair of damage by Territory
s 67Dins A2020‑3 s 9
Heritage order
s 69am A2020‑3 s 10; pars renum R28 LA
Diminishing heritage significance of place or object
s 74am A2014‑43 s 51
Exceptions to part 13 offences
s 76am A2007‑25 amdt 1.78; A2012‑21 amdt 3.95; A2014‑43 s 52; A2014‑59 amdt 2.33; A2020‑3 s 11; pars renum R28 LA; A2023-36 amdt 1.176; A2025‑29 amdt 3.158, amdt 4.92
Appointment of authorised people
s 78am A2011‑22 amdt 1.248
Identity cards
s 79am A2011‑22 amdt 1.248
Power to enter premises
s 80am A2014‑43 ss 53-55; A2020‑3 s 12; A2022‑14 amdt 3.116
Production of identity card
s 81am A2014‑43 s 56; A2022‑14 amdt 3.117
Production of identity card
s 82am A2014‑43 ss 57-59; pars renum R18 LA; A2022‑14 amdt 3.117
Power to require name and address
s 85am A2009‑49 amdt 3.87; A2014‑43 s 60; A2022‑14 amdt 3.117
Warrants—application made other than in person
s 87am A2014‑43 ss 61-63; A2018‑33 amdt 1.39, amdt 1.40
Search warrants—announcement before entry
s 88am A2022‑14 amdt 3.118
Return of things seized
s 94am A2005‑20 amdts 3.164-3.166; A2011‑22 amdt 1.248
Information discovery order
s 95am A2014‑18 amdt 3.48
Heritage agreement with Minister
s 99am A2025‑29 amdt 3.158
Heritage and public sector bodies
pt 16 hdgsub A2025-15 s 4
Meaning of public authority for pt 16
s 106om A2025-15 s 5
Heritage places and heritage objects for which public sector body responsible
s 107 hdgsub A2025-15 s 6
s 107am A2025-15 s 7, s 8
Heritage reports
s 108(4), (5) exp 9 March 2007 (s 108 (5))
ss renum R5 LA
sub A2014‑43 s 64
am A2025-15 s 9, s 10
Assessment of heritage reports by council
s 109exp 9 March 2009 (s 109 (5))
ins A2014‑43 s 64
am A2025-15 s 11, s 12
Public reporting
s 109Ains A2014‑43 s 64
sub A2025-15 s 13
Conservation management plan
s 110sub A2014‑43 s 65
am A2016‑24 s 40; A2025-15 ss 14-21
Notification and review of decisions
pt 17 hdgsub A2008‑36 amdt 1.345; A2014‑43 s 66
Meaning of reviewable decision
s 111sub A2008‑36 amdt 1.345; A2014‑43 s 66
Meaning of decision-maker—pt 17
s 112sub A2008‑36 amdt 1.345; A2014‑43 s 66
Reviewable decision notices
s 113sub A2008‑36 amdt 1.345; A2014‑43 s 66
am A2025‑29 amdt 4.92
Applications for review
s 114sub A2008‑36 amdt 1.345; A2014‑43 s 66
am A2025‑29 amdt 4.92
Stay of decision under review
s 114Ains A2014‑43 s 66
am A2016‑24 s 44
Repository for Territory-owned Aboriginal objects
s 115am A2012‑21 amdt 3.96
om A2014‑43 s 67
Criminal liability of executive officers
s 116sub A2013-4 amdt 1.6
am A2020‑3 s 13; pars renum R28 LA; A2025‑29 amdt 3.156
Service of documents on council
s 117am A2011‑22 amdt 1.248; A2014‑18 amdt 3.49; A2016‑52 amdt 1.100
Council may ask for information from commissioner for revenue in certain cases
s 118Ains A2014‑43 s 68
am A2024‑32 amdt 1.1
Council may ask for information about leases from commissioner for revenue
s 118Bins A2016‑24 s 41
am A2023-36 amdt 1.177; A2024‑32 amdt 1.2
Approved forms
s 119am A2012‑21 amdt 3.97; A2025‑29 amdt 4.92
Determination of fees
s 120am A2012‑21 amdt 3.98; A2025‑29 amdt 4.92
Delegation
s 121am A2011‑22 amdt 1.248; A2014‑18 amdt 3.50; A2014‑43 s 69; A2016‑52 amdt 1.101
Regulation-making power
s 122am A2025‑29 amdt 4.92
5-year review
s 123exp 9 March 2011 (s 123 (4))
Transitional
pt 19 hdgexp 9 March 2006 (s 136)
Definitions for pt 19
s 124exp 9 March 2006 (s 136)
Legislation repealed
s 125om LA s 89 (3)
Legislation amended—sch 1
s 126om LA s 89 (3)
Applications for registration on old heritage places register
s 127exp 9 March 2006 (s 136)
Places on old heritage places register
s 128exp 9 March 2006 (s 136)
Conservation requirements for places on old heritage places register
s 129exp 9 March 2006 (s 136)
Objects on old heritage objects register
s 130exp 9 March 2006 (s 136)
Conservation requirements for objects on old heritage objects register
s 131exp 9 March 2006 (s 136)
Restricted information on old registers
s 132exp 9 March 2006 (s 136)
Unregistered Aboriginal places and objects
s 133exp 9 March 2006 (s 136)
Transitional regulations
s 134exp 9 March 2006 (s 136)
Modification of pt 19’s operation
s 135exp 9 March 2006 (s 136)
Expiry of pt 19
s 136exp 9 March 2006 (s 136)
Transitional—Heritage Legislation Amendment Act 2014
pt 20 hdgins A2014‑43 s 70
exp 4 October 2019 (s 204)
Meaning of commencement day—pt 20
s 200ins A2014‑43 s 70
exp 4 October 2019 (s 204)
Application for provisional registration not determined before commencement day
s 201ins A2014‑43 s 70
exp 4 October 2019 (s 204)
Decisions or proposals made before commencement day
s 202ins A2014‑43 s 70
am A2016‑24 s 44
exp 4 October 2019 (s 204)
Transitional regulations
s 203ins A2014‑43 s 70
exp 4 October 2019 (s 204)
Expiry—pt 20
s 204ins A2014‑43 s 70
exp 4 October 2019 (s 204)
Reviewable decisions
sch 1om LA s 89 (3)
ins A2008‑36 amdt 1.346
sub A2014‑43 s 71
am A2016‑24 s 42; A2020‑3 s 14; items renum R28 LA
Dictionary
dictam A2008‑36 amdt 1.347; A2009‑20 amdt 3.97; A2009‑49 amdt 3.88; A2011‑22 amdt 1.249, amdt 1.250; A2014‑43 s 72; A2015‑33 amdt 1.114; A2023-36 amdt 1.178; A2025-15 s 22; A2025‑29 amdt 3.157
def Aboriginal cultural tree ins A2023-52 amdt 1.15
def Aboriginal heritage tree ins A2014‑43 s 73
om A2023-52 amdt 1.16
def appeal sub A2008‑36 amdt 1.348
def appeal period ins A2014‑43 s 73
def cancellation ins A2007‑16 amdt 3.71
def cancellation proposal sub A2014‑43 s 74
def conservation management plan sub A2014‑43 s 74; A2016‑24 s 43
def conservator ins A2014‑43 s 75
def consultation notice ins A2014‑43 s 75
def cultural heritage significance ins A2014‑43 s 75
def daily newspaper om A2009‑20 amdt 3.98
def decision-maker ins A2014‑43 s 75
sub A2023-52 amdt 1.17
def excavation application ins A2014‑43 s 75
def excavation permit ins A2014‑43 s 75
def Flora and Fauna Committee ins A2014‑43 s 75
om A2014‑59 amdt 2.34
def heritage decision ins A2014‑43 s 75
am A2016‑24 s 44
def heritage object am A2025-15 s 23
def heritage place am A2025-15 s 23
def heritage report ins A2014‑43 s 75
def interested person sub A2007‑16 amdt 3.72; A2008‑36 amdt 1.349; A2014‑43 s 76
def Land Act om A2007‑25 amdt 1.79
def natural heritage significance ins A2014‑43 s 77
def nominated ins A2014‑43 s 77
sub A2024‑32 s 11
def nomination om A2014‑43 s 78
def nomination application ins A2014‑43 s 79
def nomination details om A2014‑43 s 80
def object am A2014‑43 s 81
def owner am A2007‑25 amdt 1.80; A2011‑41 amdt 5.8; A2023-36 amdt 1.179
def place am A2014‑43 s 82
def precinct ins A2014‑43 s 83
def public authority om A2025-15 s 24
def register amendment application ins A2014‑43 s 83
def repair damage direction ins A2020‑3 s 15
def representative Aboriginal organisations om A2014‑43 s 84
def representative Aboriginal organisation ins A2014‑43 s 85
def restricted information sub A2014‑43 s 86
def reviewable decision sub A2008‑36 amdt 1.350
def scientific committee ins A2014‑59 amdt 2.35
def statement of heritage effect ins A2014‑43 s 87
def tree damaging activity ins A2014‑43 s 87
def tree management plan ins A2014‑43 s 87
sub A2023-52 amdt 1.18
def urgent provisional registration application ins A2014‑43 s 87
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1 (RI)
18 Oct 20069 Mar 2005–
1 June 2005not amended new Act
reissue for textual correction in s 127R2 (RI)
18 Oct 20062 June 2005–
9 Mar 2006A2005‑20 amendments by A2005‑20
reissue for textual correction in s 127R3
10 Mar 200610 Mar 2006–
28 Mar 2006A2005‑20 commenced expiry R4
29 Mar 200629 Mar 2006–
9 Mar 2007A2005‑51 amendments by A2005‑51 R5
10 Mar 200710 Mar 2007–
10 July 2007A2005‑51 commenced expiry R6
11 July 200711 July 2007–
30 Mar 2008A2007‑16 amendments by A2007‑16 R7
31 Mar 200831 Mar 2008–
1 Feb 2009A2007‑25 amendments by A2007‑25 R8
2 Feb 20092 Feb 2009–
9 Mar 2009A2008‑36 amendments by A2008‑36 R9
10 Mar 200910 Mar 2009–
21 Sept 2009A2008‑36 commenced expiry R10
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R11
17 Dec 200917 Dec 2009–
9 Mar 2011A2009‑49 amendments by A2009‑49 R12
10 Mar 201110 Mar 2011–
30 June 2011A2009‑49 expiry of provision (s 123) R13
1 July 20111 July 2011–
29 Mar 2012A2011‑22 amendments by A2011‑22 R14
30 Mar 201230 Mar 2012–
4 June 2012A2011‑41 amendments by A2011‑41 R15
5 June 20125 June 2012–
21 Feb 2013A2012-21 amendments by A2012-21 R16
22 Feb 201322 Feb 2013–
9 June 2014A2013-4 amendments by A2013-4 R17
10 June 201410 June 2014–
3 Oct 2014A2014-18 amendments by A2014-18 R18
4 Oct 20144 Oct 2014–
10 June 2015A2014-43 amendments by A2014-43 R19
11 June 201511 June 2015–
13 Oct 2015A2014‑59 amendments by A2014‑59 R20
14 Oct 201514 Oct 2015–
11 May 2016A2015‑33 amendments by A2015‑33 R21
12 May 201612 May 2016–
20 June 2016A2016‑24 amendments by A2016‑24 R22
21 June 201621 June 2016–
31 Aug 2016A2016‑33 amendments by A2016‑33 R23
1 Sept 20161 Sept 2016–
15 June 2017A2016‑52 amendments by A2016‑52 R24
16 June 201716 June 2017–
16 May 2018A2017-20 amendments by A2017-20 R25
17 May 201817 May 2018–
22 Oct 2018A2018‑18 amendments by A2018‑18 R26
23 Oct 201823 Oct 2018–
4 Oct 2019A2018‑33 amendments by A2018‑33 R27
5 Oct 20195 Oct 2019–
25 Feb 2020A2018‑33 expiry of transitional provisions (pt 20) R28
26 Feb 202026 Feb 2020–
3 Sept 2020A2020‑3 amendments by A2020‑3 R29
4 Sept 20204 Sept 2020–
23 Aug 2022A2020‑47 amendments by A2020‑47 R30
24 Aug 202224 Aug 2022–
26 Nov 2023A2022‑14 amendments by A2022‑14 R31
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 amendments by A2023‑36 R32
1 Jan 20241 Jan 2024–
30 May 2024A2023‑52 amendments by A2023‑52 R33
31 May 202431 May 2024–
9 July 2024A2024‑21 amendments by A2024‑21 R34
10 July 202410 July 2024–
1 June 2025A2024‑32 amendments by A2024‑32 R35
2 June 20252 June 2025–
15 Nov 2025A2025‑15 amendments by A2025‑15
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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