Heritage Act 2017 (Vic)

Case
No judgment structure available for this case.

Version No. 008

Heritage Act 2017

No. 7 of 2017

Version incorporating amendments as at


14 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Meaning of historic shipwreck

5Meaning of historic shipwreck artefact

6Specification of period of years for determining a historic shipwreck or historic shipwreck artefact

7Crown to be bound

8Application of Act

Part 2—Heritage administration

Division 1—Heritage Council

9Establishment of the Heritage Council

10Members of the Heritage Council

11Functions and powers of the Heritage Council

12Assessment criteria regarding cultural heritage significance

13Committees

14Consultation and advice

15Delegation of powers—Heritage Council

16Immunity from liability

17Further heritage administration

Division 2—Executive Director

18Executive Director

19Functions and powers of Executive Director

20Delegation of powers—Executive Director

21Staff

Division 3—Executive officer of Heritage Council

22Executive officer of the Heritage Council

Part 3—Victorian Heritage Register

Division 1—Establishment and content of Victorian Heritage Register

23Establishment of the Victorian Heritage Register

24Content of the Heritage Register

25Categories of registration

26Details included in the Heritage Register

Division 2—Nominations for registration

27Nominations of place or object for inclusion in the Heritage Register

27ANominations of objects integral to places

27BNominations of additional land

28Certain nominations cannot be accepted

29Executive Director may refuse nominations in certain circumstances

30Requests for review of the Executive Director's refusal of nomination

33Requests for further information regarding nominations

34Notice of nominations

34AEffect of decision of Executive Director not to make an exclusion determination

35Deferral of consideration for nomination

36Owner to notify purchaser of nomination and deferral

Division 2A—Exclusion determinations

36AApplication for an exclusion determination

36BRequests for further information regarding application

36CDecision on application

36DNotice of decision to make or refuse to make an exclusion determination

36ERequest for review of decision to make or refuse to make an exclusion determination

36FDecision on review

Division 3—Recommendations of registration

37Executive Director recommendations in respect of nominations

38Executive Director recommendations for exempted works or activities

39Executive Director recommendations for protected zones

40Statement of recommendation

41Notice of recommendation to be published

42Obligations of owners—to advise of works, permits etc. on foot when statement of recommendation given

42AObligations of owners before determination or inclusion in the Heritage Register—to advise of permits

42BObligations of owners before determination or inclusion in the Heritage Register—to advise of activities

42CObligations of owners before determination or inclusion in the Heritage Register—to advise of proposal to dispose

42DObligations of owners before determination or inclusion in the Heritage Register—requirement to give statement to purchaser

43Owners of places, objects and land must comply with obligations

Division 4—Determinations of registration

44Submissions to the Heritage Council

45Requests for further information regarding submissions

46Consideration of submissions to the Heritage Council

46AConduct of hearings by Heritage Council in relation to a recommendation

47Role of the Executive Director in determination of recommendation

48Sale of place, object or land the subject of recommendation

49Determinations of the Heritage Council

49ANotice to the owner or government asset manager

Division 5—Minister's powers regarding registration

50Minister's call-in powers

51Heritage Council must hear submissions and give report

52Determination of the Minister

52ANotice to the owner or government asset manager

Division 6—Effects of registration

53Notice of registration

54Notice to the Registrar of Titles

56Amendment of planning schemes

57Public availability of the Heritage Register

58Heritage certificates

59Notice of intention to sell registered place or registered object

60Change of owner of registered place or registered object

Division 7—Amendment of Heritage Register

61Destroyed places and registered objects

62Amendment of the Heritage Register

63Expedited amendment of the Heritage Register

Division 8—Other provisions relating to registered archaeological places and associated archaeological artefacts

64Erection of notices

65Archaeological artefacts in a registered archaeological place taken to be property of the Crown

66Museum of Victoria to be place of lodgement

67Power of the Executive Director to direct excavation or examination of place

Part 4—Underwater cultural heritage

Division 1—Provisional registration

68Determination of provisional registration

69Duration of provisional registration

Division 2—Shipwrecks and shipwreck artefacts

70Notice of location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

71Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

72Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

73Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State

74Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

75Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact

76Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment

77Permits for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones

78Permits for the use of registered shipwrecks or registered shipwreck artefacts

79Further exceptions to offences

80Discovery of shipwrecks and shipwreck artefacts to be notified

81Rewards

82Declaration as to Crown ownership of registered shipwrecks or registered shipwreck artefacts

83Right to claim compensation for loss on vesting of registered shipwreck or registered shipwreck artefact in the Crown

84Official place of lodgement of registered shipwrecks and registered shipwreck artefacts

85Danger to navigation

Part 5—Permits

Division 1—General

86Scope of Part

87Offences in relation to knowingly or recklessly performing certain activities

88Offences in relation to negligently performing certain activities

89Offences in relation to performing certain activities

90Exemption for the purposes of religious services or rites

90ARequests for additional information in relation to exemption for the purposes of religious services or rites

91Exemption for certain subdivisions or consolidations

92Other exemptions from permits

Division 2—Permit applications

93Permit applications

94Public display of permit applications in certain circumstances

95Public submissions in relation to permit applications

96Amending permit applications—request of applicant

96AAmending permit applications—Executive Director

96BAmended permit application to be given to responsible authority or municipal council

97Time for determining permit applications

98Requests for additional information in relation to permit applications

99Stopping of time for permit applications

100Submissions by responsible authorities and municipal councils in relation to permit applications

101Determination of permit applications

101AApproval of permit applications subject to security

Division 3—Issue of permits

102Issue of permits

102ANotice of refusal

102BNotice of permit application determination

104Noncompliance with permit

Division 4—Amendment of permits

105Amendment of permits

105ARequests for additional information in relation to amendment of permits

105BMinor amendment of permits

Division 5—Reviews of determinations relating to permits

106Review of the Executive Director's determinations relating to permits

107Adjournment of reviews relating to permits

108Determination of reviews by the Heritage Council

109Minister's power to call in or refer matter to VCAT

110Notice of referral to VCAT

111Powers of VCAT on review

112Notice of VCAT's decision

112AIssue of permit following VCAT's decision

113Exercise of call-in power by the Minister

114Powers of the Minister on referral

Division 6—Miscellaneous

115Applications for permits before registration in urgent cases

116Delegation

Part 6—Archaeological heritage

Division 1—Heritage Inventory

117Establishment of the Heritage Inventory

118Content of the Heritage Inventory

118ADetermination by the Executive Director as to archaeological value

119Removing sites from the Heritage Inventory

120Notice of recording of sites in or removal of sites from the Heritage Inventory

121Public availability of the Heritage Inventory

Division 2—Protection of archaeological heritage

122Application of Division

123Offences in relation to certain archaeological sites

123AExemption from requirement to obtain a consent

124Executive Director may issue consents

124AAmendment of consents

124BRequests for additional information in relation to consent applications

124CStopping of time for consent applications

125Compliance with consents

126Requests for reviews regarding consents

126ARequirement to notify Executive Director of intention to undertake investigation or survey of land

127Reporting of investigations and surveys of land

128Actions to protect archaeological artefacts

129Offence to buy, sell or possess archaeological artefacts without consent

Division 3—Sites of archaeological value

130Recommendation for site of archaeological value

131Notice of recommendation for site of archaeological value

132Consideration of submissions in relation to a recommendation for a site of archaeological value

133Approval of recommendation for a site of archaeological value

Part 7—Covenants

134Land owner may enter covenant with the Heritage Council

135Land owner may enter covenant with the National Trust

136VCAT may release covenant

137Notice of covenants

138Heritage Council to consider submissions and make decisions

139Covenant affecting Crown land

139ALand owner must apply for recording of covenant or agreement

140Recording of notice of covenant or agreement

141Effect of recording of notice of covenant or agreement

Part 8—Orders

Division 1—Interim protection orders

142Scope of Division

143Heritage Council or Executive Director may make interim protection order

144Effect of interim protection order

145Manner of service of interim protection order

146Additional requirements relating to service of interim protection order

147Display of interim protection order

148Works or activities while interim protection order is in force

149Recommendation regarding registration

150Revocation of interim protection order

151Period of interim protection order

Division 2—Repair orders

152Disrepair of registered place or registered object

153Failure to maintain registered place or registered object

154Notices to show cause why works or activities should not be carried out

155Repair orders for the carrying out of works or activities

156VCAT review of repair order to carry out works

157Failure to comply with repair order

158Revocation of repair order

159Executive Director may carry out works or activities

Division 3—Rectification orders

160Issue of rectification order

161Effect of rectification order

162Manner of service of rectification order

163Compliance with rectification orders

164VCAT review of rectification order

Division 4—Stop orders

165Issue of stop orders

166Service of stop orders

167Period of stop orders

168Compliance with stop orders

Part 9—World Heritage

Division 1—World Heritage Environs Areas

169Declaration of World Heritage Environs Area

Division 2—World Heritage Strategy Plans

170Preparation of World Heritage Strategy Plan

171Notice of draft World Heritage Strategy Plan

172Submissions on draft World Heritage Strategy Plan

173Procedure of the Heritage Council where no submissions

174Heritage Council to consider submissions

175Decision of the Heritage Council

176Approval of World Heritage Strategy Plan

177Amendments to Approved World Heritage Strategy Plans

178Public availability of Approved World Heritage Strategy Plans

179Notice of Approved World Heritage Strategy Plan

180Amendment of planning schemes

Division 3—World Heritage Management Plans

181Steering Committees for listed places

182Functions of Steering Committees

183Preparation of World Heritage Management Plan

184Notice of draft World Heritage Management Plan

185Submissions on draft World Heritage Management Plan

186Steering Committee to consider submissions

187Decision of the Steering Committee

188Approval of World Heritage Management Plan

189Amendments to Approved World Heritage Management Plans

190Public availability of Approved World Heritage Management Plans

191Review of Approved World Heritage Management Plan

192Offence to fail to comply with Approved World Heritage Management Plan

193Annual report on condition of property

Part 10—Enforcement and legal proceedings

Division 1—Appointment and powers of inspectors

194Appointment of inspectors

195Identity cards

196Inspector must show identity card

197Inspector may demand name and address

198Offence to hinder inspector or authorised person

199Offence to impersonate inspector

200Police officers must assist inspectors

Division 2—Powers of entry, search and seizure

201General powers of entry

202Search warrant for any premises

203Announcement before entry of premises on warrant

204Copy of warrant to be given to occupier

205Powers of inspectors on entry on warrant

206Court order for entry to residence for cultural heritage significance reasons

207Announcement before entry of residence using order

208Powers on entry using order

209Powers of inspectors—archaeological artefacts

210Seizure and forfeiture—archaeological artefacts

211Powers of inspectors—underwater cultural heritage

212Arrest without warrant—underwater cultural heritage

213Search warrants—registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts

214Seizure and forfeiture—underwater cultural heritage

Division 3—Orders of the Supreme Court

215Definitions

216Remedy or restraint of contraventions of this Act

217Orders of the Supreme Court

Division 4—Infringement notices

218Infringement notices—general

219Infringement notices—additional steps

Division 5—Evidence and legal proceedings

220Service of documents

221Prosecutions of offences

222Persons who may prosecute

223Certificates to be evidence

224Statement of inspector is evidence

225Possession of certain items is evidence of contravention

Division 6—Additional enforcement provisions

226Scope of Division

227Declaration by the Governor in Council

228Effect of Governor in Council declaration

Division 7—Miscellaneous

229Powers of court with respect to contravention

230Powers of the Executive Director with respect to contravention

231Confidentiality

232Criminal liability of officers of bodies corporate—failure to exercise due diligence

233Criminal liability of officers of bodies corporate—accessorial liability

Part 11—Heritage Fund

234Heritage Fund

235Payments into the Heritage Fund

236Payments out of the Heritage Fund

237Power of the Heritage Council to borrow money

238Heritage Council may accept gifts

239Making of loans and grants from the Heritage Fund

240Rates of interest on loans made from the Heritage Fund

241Acquisition of places by the Heritage Council

242Sale of places and objects by the Heritage Council

Part 11A—Special assistance

243Special assistance

244Remitted taxes and rates become immediately payable on occurrence of certain events

245Payment of deferred taxes or rates

Part 12—Hearings

246Application of Part

247Directions about hearings

248Hearings to be public

248AHearings may be conducted in person or by audio link or audio visual link

249General procedure for hearings

250Persons who may appear before the Heritage Council

251Failure to attend hearing

252Heritage Council may hear submissions together

253Adjournment of hearings

254Heritage Council may regulate its own proceedings

Part 12A—Public availability of documents

254APublic availability requirements

254BIn person inspection requirements

254CElectronic publication requirements

254DOn request inspection requirements

254EElectronic Heritage Register and Heritage Inventory requirements

254FException to compliance with on request inspection requirements when emergency declaration in force

Part 13—General

255Regulations—general

256Regulations—underwater cultural heritage

Part 14—Repeal, savings and transitional provisions

Division 1—Repeal of the Heritage Act 1995

257Repeal of the Heritage Act 1995

Division 2—Savings and transitional provisions

258Definitions

259General transitional provisions

260Heritage Council

261Committees

262Executive Director

263Heritage Register

264Nominations in respect of which recommendations have not been made

265Nominations in respect of which recommendations have been made

266Decisions of the Heritage Council

267Heritage certificates

268Exemptions for liturgical purposes

269Other exemptions from permits

270Permit applications in respect of which determinations have not been made

271Permits

272Appeals to the Heritage Council in respect of which determinations have not been made

273Determinations of the Heritage Council in respect of appeals

274Matters called in or referred to VCAT

275Covenants

276Recommendations relating to remains of ships and articles in respect of which determinations have not been made

277Determinations relating to remains of ships and articles

278Provisional registration

279Recommendations for protected zones in respect of which determinations have not been made

280Protected zones

281Permit applications relating to shipwrecks in respect of which determinations have not been made

282Permits relating to shipwrecks

283Notice of discovery of shipwrecks and articles

284Permits for the use of historic shipwreck relics

285Heritage Inventory

286Permits for the use of archaeological relics

287Consent applications in respect of which determinations have not been made

288Consents

289Orders for the carrying out of works

290Reviews of orders to carry out works

291Heritage Fund

292Inspectors

293Governor in Council declarations

Division 3—Transitional provisions—Heritage Amendment Act 2023

294Interpretation

295Previous nominations of objects integral to places and of additional land

296Nomination of place or object, objects integral to places and of additional land

297Offences

298Exemption for alterations for purposes of religious services or rites

299Permits

300Securities

301Determination by the Executive Director as to archaeological value

302Consent applications

303Land owner must apply for recording of covenant or agreement

304Repair orders

305Publication and inspection requirements

306Exclusion determinations

Schedule 1—Further heritage administration

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 008

Heritage Act 2017

No. 7 of 2017

Version incorporating amendments as at


14 November 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to re-enact with amendments the Heritage Act 1995—

(a)to provide for the protection and conservation of the cultural heritage of the State; and

(b)to establish a Victorian Heritage Register for the registration of places and objects; and

(c)to establish a Heritage Inventory for the recording of archaeological sites and approved sites of archaeological value; and

(d)to establish a Heritage Council to perform functions in relation to cultural heritage; and

(e)to establish a Heritage Fund to provide for the conservation and management of cultural heritage; and

(f)to provide for the management of places included in the World Heritage List; and

(g)to create offences and other enforcement measures to protect and conserve cultural heritage.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 November 2017, it comes into operation on that day.

3Definitions

(1)In this Act—

Aboriginal person has the same meaning as in the Aboriginal Heritage Act 2006;

Aboriginal tradition has the same meaning as in the Aboriginal Heritage Act 2006;

alter, in relation to a place or object, means to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration;

approved site of archaeological value means a site of archaeological value approved by the Heritage Council under section 133;

Approved World Heritage Management Plan means a World Heritage Management Plan approved under Part 9 and includes any approved amendments to that plan;

Approved World Heritage Strategy Plan means a World Heritage Strategy Plan approved under Part 9 and includes any approved amendments to that plan;

archaeological artefact means an object (other than a shipwreck artefact) which provides information of past activity in the State and—

(a)is associated with an archaeological site; or

(b)is associated with a registered archaeological place; or

(c)is associated with an approved site of archaeological value; or

(d)is associated with a place that was an archaeological site, registered archaeological place or approved site of archaeological value;

archaeological site means a place (other than a shipwreck) which—

(a)contains an artefact, deposit or feature which is 75 or more years old; and

(b)provides information of past activity in the State; and

(c)requires archaeological methods to reveal information about the settlement, development or use of the place; and

(d)is not associated only with Aboriginal occupation of the place;

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

buildingincludes a structure, work and fixture, and any part of a building, structure, work or fixture;

building permit means a building permit issued under the Building Act 1993;

business day means a day other than—

(a)a Saturday or a Sunday; or

(b)a day appointed under the Public Holidays Act 1993 as a public holiday or public half‑holiday;

committee means a committee established under section 13;

conservation includes—

(a)the retention of the cultural heritage significance of a place or object; and

(b)any maintenance, protection, preservation, restoration, reconstruction or sustainable use of a place or object;

corporate plan means a corporate plan prepared by the Heritage Council and approved by the Minister under clause 9 of Schedule 1;

cultural heritage means places and objects of—

(a)cultural heritage significance; or

(b)State-level cultural heritage significance;

cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage permit has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage significance means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance;

Department means the Department of Transport and Planning;

develop, in relation to a place, means—

(a)to construct or alter the place or a building on the place; or

(b)to demolish or remove a building or structure on the place; or

(c)to carry out any works on, over or under the place; or

(d)to subdivide or consolidate land comprising the place, including any building or airspace; or

(e)to place or relocate a building or structure on the place; or

(f)to construct or put up for display signs or hoardings;

dispose, in relation to a place or object, includes—

(a)any assumption of any of the rights of an owner in relation to the place or object; and

(b)any dealing in the place or object whether for reward or not; and

(c)selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange the place or object;

exclusion determination—see section 36A;

Executive Director means the Executive Director employed under section 18;

executive officer means an executive officer of the Heritage Council employed under section 22;

government asset manager means a Minister or any entity responsible for the care, management or control of—

(a)a building on government land; or

(b)government land; or

(c)a government object;

government land means land, other than Crown land which is permanently or temporarily reserved under section 4 of the Crown Land (Reserves)Act 1978 and vested in trustees or is under the control of a committee of management under that Act, which is—

(a)Crown land; or

(b)land vested in a Minister; or

(c)land vested in a public authority;

government object means an object owned by or vested in—

(a)the Crown; or

(b)a Minister; or

(c)a public authority;

harm, in relation to a place or object, includes moving or removing any part of the place or object;

heritage certificate means a certificate given under section 58;

Heritage Council means the Heritage Council established under Division 1 of Part 2;

Heritage Fund means the Heritage Fund established under Part 11;

Heritage Inventory means the Heritage Inventory established under Division 1 of Part 6;

Heritage Register means the Victorian Heritage Register established under Division 1 of Part 3;

historic shipwreck has the meaning given by section 4;

historic shipwreck artefact has the meaning given by section 5;

inspector means—

(a)an inspector appointed under Part 10; or

(b)a police officer;

interim protection order means an order issued under Division 1 of Part 8;

listed place means a place in the State which is included in the World Heritage List and is recorded in the Heritage Register;

municipal council means a Council within the meaning of the Local Government Act 2020;

National Trust means the National Trust of Australia (Victoria);

notice of intended action—see section 230;

object includes—

(a)any fixed or non-fixed object; and

(b)a collection of objects; and

(c)a shipwreck artefact; and

(d)an archaeological artefact;

ownermeans—

(a)in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer ofLand Act 1958, other than land in an identified folio under that Act—the person who is registered or entitled to be registered as proprietor of an estate in fee simple in the land; or

(b)in relation to land which has been alienated in fee by the Crown and is under the Transfer of Land Act 1958, being land in an identified folio under that Act—the person who is the owner of the fee or equity of redemption; or

(c)in relation to land which has been alienated in fee by the Crown but is land not under the operation of the Transfer of Land Act 1958—the person who is the owner of the fee or equity of redemption; or

(d)in relation to Crown land reserved under the Crown Land (Reserves) Act1978 and managed or controlled by a committee of management—the Minister administering that Act; or

(e)in relation to any other Crown land—the Minister or public authority that manages or controls the land; or

(f)in relation to land affected by an owners corporation—

(i)any owner of affected lots; and

(ii)the owners corporation in relation to any common property for which the owners corporation is responsible;

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

place includes—

(a)an archaeological site; and

(b)an area of land covered with water; and

(c)a building; and

(d)a garden; and

(e)a landscape; and

(f)a precinct; and

(g)a shipwreck; and

(h)a site; and

(i)a tree; and

(j)land associated with any thing specified in paragraphs (a) to (i);

place of worship means a place used for religious activities, including a chapel, church, mosque, synagogue or temple;

planning permit means a permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987;

possess, in relation to an item, includes—

(a)having the custody or control of the item by any means; and

(b)controlling access to the item, either alone or in the company or with the assistance of others;

protected zone means a place included in the Heritage Register as a protected zone;

public authority means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council;

public availability requirements—see section 254A;

rectification order means an order issued under Division 3 of Part 8;

registered archaeological artefact means an object included in the Heritage Register as a registered archaeological artefact;

registered archaeological place means a place included in the Heritage Register as a registered archaeological place;

registered object means an object included in the Heritage Register;

registered place means a place included in the Heritage Register;

registered shipwreck means—

(a)a shipwreck included in the Heritage Register under section 49; or

Note

place is defined to include a shipwreck—see paragraph (g) of that definition.

(b)a historic shipwreck that has been included in the Heritage Register; or

(c)a place appearing to be a shipwreck provisionally registered under section 68;

registered shipwreck artefact means—

(a)a shipwreck artefact included in the Heritage Register under section 49; or

Note

object is defined to include a shipwreck artefact—see paragraph (c) of that definition.

(b)a historic shipwreck artefact that has been included in the Heritage Register; or

(c)an object appearing to be a shipwreck artefact provisionally registered under section 68;

relevant survey purpose means the purpose of—

(a)discovering an archaeological site; or

(b)preparing a cultural heritage management plan; or

(c)acting in accordance with a cultural heritage permit;

repair order means an order made under Division 2 of Part 8;

residence means a building or part of a building ordinarily used as a residence;

responsible authority has the meaning given by section 13 of the Planning and Environment Act 1987;

*                *                *                *                *

sea-bed means any land temporarily or permanently covered by Victorian waters;

ship includes any vessel used in navigation by water;

shipwreck means—

(a)the remains or any part of the remains of a ship; and

(b)any marine concretions and accretions that have become attached to the remains or any part of the remains of the ship;

shipwreck artefact means—

(a)an artefact associated with a shipwreck, including an artefact appearing to have formed part of a ship or appearing to have been installed or carried on a ship; and

(b)any marine concretions and accretions that have become attached to the artefact;

show cause notice means a notice served under section 154(2);

site card, in relation to an investigation or survey of land, means a summary of information prepared in the prescribed form by the person undertaking the investigation or survey;

State-level cultural heritage significance means cultural heritage significance which is important to the history and development of the State;

statement of recommendation—see section 40;

statement of recommendation period means the period beginning on the day on which a statement of recommendation is given under section 40(1) and ending on the day on which either of the following occurs—

(a)a determination is made under section 49 or 52 to not include the place, object or land in the Heritage Register;

(b)the place or part of the place, or object or land, is included in the Heritage Register;

stop order means an order issued under Division 4 of Part 8;

underwater cultural heritage regulations means regulations made under section 256;

vehicle has the same meaning as in the Road Safety Act 1986;

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

Victorian waters means Victorian coastal waters and waters within the limits of the State;

worksincludes—

(a)any physical intervention, excavation or action that may result in a permanent or temporary change to the appearance or physical nature of a place or object; and

(b)any change to the natural or existing condition or topography of land; and

(c)any removal or destruction of trees; and

(d)any removal of vegetation or topsoil;

World Heritage Environs Area means an area declared to be a World Heritage Environs Area under Part 9;

World Heritage List has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

world heritage values has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

(2)A reference in this Act to a shipwreck or to a shipwreck artefact being situated in any waters includes a reference to a shipwreck or shipwreck artefact—

(a)being situated in or forming part of the sea‑bed or the sub-soil of the sea-bed beneath those waters; or

(b)being situated in or forming part of a reef in those waters.

(3)A reference in this Act to a shipwreck or to a shipwreck artefact being no longer situated in any waters includes a reference to a shipwreck or shipwreck artefact being situated on or forming part of land or the sub-soil of land.

(4)An item must not be taken not to be a shipwreck or shipwreck artefact for the purposes of this Act by reason only that it is attached to a shipwreck, a reef, the sea-bed, land or the sub-soil of the sea‑bed or land.

4Meaning of historic shipwreck

(1)Subject to subsection (5), a historic shipwreck is a shipwreck that has been situated in Victorian waters—

(a)for 75 years or more; or

(b)for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2)Subsection (1) applies whether or not the existence or location of the shipwreck is presently known.

(3)In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a historic shipwreck—

(a)75 years after the likely date that the shipwreck first came to rest on the sea-bed; or

(b)if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed.

(4)Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5)A shipwreck is not a historic shipwreck if it is—

(a)a shipwreck specified under proclamation under subsection (6); or

(b)a shipwreck of a class specified under proclamation under subsection (6).

(6)The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.

5Meaning of historic shipwreck artefact

(1)Subject to subsection (5), a historic shipwreck artefact is a shipwreck artefact that has been situated in Victorian waters—

(a)for 75 years or more; or

(b)for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2)Subsection (1) applies whether or not the existence or location of the object is presently known.

(3)In addition but subject to subsection (5), a shipwreck artefact that has been removed from Victorian waters at any time becomes a historic shipwreck artefact—

(a)75 years after the likely date that the object first came to rest on the sea-bed; or

(b)if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the object first came to rest on the sea-bed.

(4)Subsection (3) does not apply to an object that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5)A shipwreck artefact is not a historic shipwreck artefact if it is—

(a)an object specified under proclamation under subsection (6); or

(b)an object of a class specified under proclamation under subsection (6).

(6)The Governor in Council, by proclamation published in the Government Gazette, may specify an object, or an object of a specified class, is not a historic shipwreck artefact.

6Specification of period of years for determining a historic shipwreck or historic shipwreck artefact

(1)The Governor in Council, by proclamation published in the Government Gazette, may specify a period of years for the purpose of section 4(1)(b) or 5(1)(b).

(2)A period of years specified under subsection (1) cannot be—

(a)less than 10 years; or

(b)75 years or more.

7Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

8Application of Act

This Act does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition.


PART 2—HERITAGE ADMINISTRATION

Division 1—Heritage Council

9Establishment of the Heritage Council

(1)The Heritage Council is established.

(2)The Heritage Council—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)The common seal of the Heritage Council must be kept as directed by the Heritage Council.

(4)All courts must take judicial notice of the seal of the Heritage Council on a document and, until the contrary is proved, must presume that the document was properly sealed.

10Members of the Heritage Council

(1)The Heritage Council consists of 10 members appointed by the Governor in Council on the recommendation of the Minister.

(2)Of the persons appointed as members of the Heritage Council—

(a)7 persons must have recognised skills or expertise in one of each of the following areas—

(i)archaeology;

(ii)architectural conservation or architectural history;

(iii)engineering or building construction;

(iv)heritage law, planning law or property law;

(v)financial management;

(vi)history;

(vii)urban or regional planning; and

(b)one person must be appointed from a list of 3 names submitted to the Minister by the National Trust; and

(c)one person must be an Aboriginal person who has relevant experience or knowledge of cultural heritage; and

(d)one person must have a demonstrated understanding, expertise or interest in the State's heritage or in the management of heritage places.

(3)If the National Trust does not submit a list of names to the Minister under subsection (2)(b) within one month after receiving a written request by the Minister, the Governor in Council may appoint a suitable person nominated by the Minister to fill the vacancy.

11Functions and powers of the Heritage Council

(1)The functions of the Heritage Council are—

(a)to advise the Minister on the status of the State's cultural heritage resources and on any steps necessary to protect and conserve them; and

(b)to make and publish guidelines in relation to the conservation of cultural heritage; and

(c)to promote public understanding of the State's cultural heritage and develop and conduct community information and education programs; and

(d)to advise government departments and agencies, municipal councils and other responsible authorities on matters relating to the protection and conservation of cultural heritage; and

(e)to liaise with other bodies responsible for matters relating to the protection, conservation, management and promotion of cultural heritage; and

(f)to initiate and undertake programs of research related to the identification, conservation or interpretation of cultural heritage; and

(g)to include places or objects in the Heritage Register; and

(h)to remove places or objects from the Heritage Register, or to amend the registration of a place or object; and

(i)to remove sites from the Heritage Inventory; and

(j)to conduct reviews of decisions of the Executive Director in relation to nominations, permits and consents; and

(k)to develop, revise and publish the assessment criteria to be used in considering the cultural heritage significance of places and objects and determining whether those places or objects should or should not be included in the Heritage Register; and

(l)to adopt, and forward to the Minister, World Heritage Strategy Plans and amendments to World Heritage Strategy Plans; and

(m)to determine criteria for assessing whether a place has archaeological value; and

(n)to advise the Minister administering the Planning and Environment Act 1987 on proposed amendments to planning schemes which may affect the protection or conservation of cultural heritage; and

(o)to manage the Heritage Fund; and

(p)to perform any other functions conferred on the Heritage Council under this Act or any other Act.

(2)Subject to this Act, the Heritage Council has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of its functions.

12Assessment criteria regarding cultural heritage significance

In determining assessment criteria for inclusion of places and objects in the Heritage Register under section 11(1)(k), the Heritage Council must have regard to the following matters—

(a)historical importance, association with or relationship to the State's history;

(b)good design or aesthetic characteristics;

(c)scientific or technical innovations or achievements;

(d)social or cultural associations;

(e)potential to educate, illustrate or provide further scientific investigation in relation to the State's cultural heritage;

(f)importance in exhibiting a richness, diversity or unusual integration of features;

(g)rarity or uniqueness of a place or object;

(h)the representative nature of a place or object as part of a class or type of places or objects;

(i)methods of establishing the extent to which land or objects nominated for inclusion in the Heritage Register in association with a registered place or a place nominated for inclusion are integral to the State-level cultural heritage significance of the place;

(j)any other matter which is relevant to the determination of State-level cultural heritage significance.

13Committees

(1)For the purposes of this Act, the Heritage Council may appoint committees consisting of at least 3 members of the Heritage Council and any other persons as the Heritage Council considers necessary.

(2)A committee may—

(a)make recommendations to the Heritage Council on any matter referred to it by the Heritage Council; and

(b)perform any other function, duty or power given to it under this Act.

14Consultation and advice

(1)In performing its functions or duties or exercising its powers under this Act, the Heritage Council or a committee may do any of the following—

(a)consult with any person or body;

(b)perform any investigation it considers appropriate;

(c)prepare, commission the preparation of or adopt any guidelines, statements of policy, reports, studies and conservation plans it considers appropriate;

(d)have regard to any information it considers relevant.

(2)The Heritage Council may engage persons with suitable qualifications and experience as consultants.

(3)An engagement under subsection (2) may be on any terms and conditions that the Heritage Council considers appropriate.

15Delegation of powers—Heritage Council

(1)Subject to subsection (2), the Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to the Executive Director or the executive officer, other than—

(a)the power to review the Executive Director's refusal of a nomination; or

(b)the power to determine that a place or object should or should not be included in the Heritage Register; or

(c)the power to approve sites of archaeological value; or

*                *                *                *                *

(e)the power to review determinations of the Executive Director in relation to consents; or

(f)the power to review determinations of the Executive Director in relation to permits.

(2)The Heritage Council cannot delegate any of its functions, duties or powers in relation to the management of the Heritage Fund to the Executive Director.

(3)The Heritage Council, by instrument, may delegate any of its functions, duties or powers under this Act to a committee.

Note

Under section 42A(1)(aa) of the Interpretation of Legislation Act 1984, the power to delegate under this section cannot be delegated.

16Immunity from liability

(1)A member of the Heritage Council or a member of a committee is not liable for anything done or omitted to be done in good faith—

(a)in performing any function, duty or power under this Act, the regulations or any other Act; or

(b)in the reasonable belief that the act or omission was in the performance of a function, duty or power under this Act, the regulations or any other Act.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to a member of the Heritage Council or a member of a committee, attaches instead to the Heritage Council.

17Further heritage administration

Schedule 1 has effect.

Division 2—Executive Director

18Executive Director

An Executive Director must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act.

19Functions and powers of Executive Director

(1)The functions of the Executive Director are—

(a)to establish and maintain the Heritage Register; and

(b)to recommend to the Heritage Council the registration of any place or object in the Heritage Register; and

(c)to recommend to the Heritage Council the removal of places or objects from the Heritage Register, or the amendment of the Heritage Register; and

(d)to establish and maintain the Heritage Inventory; and

(e)to determine applications for permits and consents under this Act; and

(f)to make and publish—

(i)guidelines in relation to the nomination of places and objects, applications for permits, applications for consents, the assessment of applications, and the assessment of sites of archaeological value under this Act; and

(ii)forms and other materials relating to the nomination of places and objects, applications for permits, applications for consents, and reporting requirements under this Act; and

(g)to report to the Heritage Council on all actions or decisions taken by the Executive Director in relation to nominations for registration, permits and any other matters on which the Heritage Council requires a report; and

(h)to regulate the investigation and documentation of registered places and registered objects and other cultural heritage in the State; and

(i)to manage the enforcement of this Act; and

(j)to prepare World Heritage Strategy Plans; and

(k)to perform any other functions conferred on the Executive Director under this Act or any other Act.

(2)Subject to this Act, the Executive Director has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of the Executive Director's functions.

20Delegation of powers—Executive Director

The Executive Director, by instrument, may delegate to an officer or employee employed under section 21 the Executive Director's functions, duties or powers under this Act.

Note

Under section 42A(1)(aa) of the Interpretation of Legislation Act 1984, the power to delegate under this section cannot be delegated.

21Staff

Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

Division 3—Executive officer of Heritage Council

22Executive officer of the Heritage Council

(1)An executive officer of the Heritage Council may be employed under Part 3 of the Public Administration Act 2004.

(2)The functions of the executive officer are—

(a)to assist the Heritage Council perform its functions; and

(b)to perform any other functions conferred on the executive officer under this Act.

(3)The executive officer has the power to do all things necessary or convenient to be done for, or in connection with or incidental to, the performance of the executive officer's functions.

PART 3—VICTORIAN HERITAGE REGISTER

Division 1—Establishment and content of Victorian Heritage Register

23Establishment of the Victorian Heritage Register

The Executive Director must establish and maintain a register called the Victorian Heritage Register.

24Content of the Heritage Register

The Executive Director must record in the Heritage Register—

(a)all places and objects of State-level cultural heritage significance that are registered under this Part; and

(b)all objects integral to registered places that are registered under this Part; and

(c)any place in the State that is included in the World Heritage List; and

(d)all historic shipwrecks and historic shipwreck artefacts to the extent they are known; and

(e)all places and objects included in the Heritage Register under the Heritage Act 1995 immediately before the commencement of section 257.

25Categories of registration

(1)A place or object must be recorded in the Heritage Register in one or more of the following categories—

(a)a registered place;

(b)a registered object;

(c)a registered object integral to a registered place;

(d)a registered archaeological place;

(e)a registered archaeological artefact;

(f)a registered shipwreck;

(g)a registered shipwreck artefact;

(h)a protected zone;

(i)a place included in the World Heritage List.

(2)The Executive Director must specify the category or categories of the Heritage Register in which a place or object is to be registered.

26Details included in the Heritage Register

(1)The Executive Director must include in the Heritage Register sufficient details to identify a place or object included in the Heritage Register.

(2)The Executive Director is not required to include the name or exact location of a shipwreck or shipwreck artefact in the Heritage Register if the name or exact location of the shipwreck or shipwreck artefact is unknown.

(3)If the Heritage Council determines that a place or object may be harmed if it is fully identified in the Heritage Register, the Heritage Council may direct the Executive Director to limit the identifying details in the Heritage Register to those specified by the Heritage Council.

Division 2—Nominations for registration

27Nominations of place or object for inclusion in the Heritage Register

(1)A person or body may nominate a place or object for inclusion in the Heritage Register.

(2)A nomination under subsection (1) must be made to the Executive Director in the prescribed form.

(3)The Executive Director may nominate a place or object for inclusion in the Heritage Register.

(4)A nomination under this section must include—

(a)reasons why the place or object should be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and

(b)any other prescribed information.

27ANominations of objects integral to places

(1)A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register an object that is integral to understanding the cultural heritage significance of—

(a)a registered place; or

(b)a place that is the subject of a nomination under section 27 which has not been determined.

(2)A nomination under subsection (1) may be made—

(a)in respect of an object whether or not the object is located at the place or under the place; or

(b)in respect of all archaeological artefacts associated with the place whether or not the number, nature or exact location of the archaeological artefacts is known; or

(c)without the extraction of the object from the place.

(3)A nomination under subsection (1) must be made in the prescribed form.

27BNominations of additional land

(1)A person (including the Executive Director) or body may nominate for inclusion in the Heritage Register additional land as part of—

(a)a registered place; or

(b)a place that is the subject of a nomination under section 27 which has not been determined.

(2)Additional land may be nominated under subsection (1) if—

(a)the State‑level cultural heritage significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or

(b)the additional land surrounds the place and—

(i)is important to the protection or conservation of the place; or

(ii)contributes to the understanding of the place.

(3)A nomination under subsection (1) must be made in the prescribed form.

(4)A nomination may be accepted under this section whether or not the additional land is under the same ownership as the place.

28Certain nominations cannot be accepted

(1)Subject to subsection (2), the Executive Director cannot accept a nomination under this Division if—

(a)the Executive Director, in the preceding 5 years, has refused a nomination in relation to the same or substantially the same place, object or land on the grounds that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register; or

(b)the Heritage Council, in the preceding 5 years—

(i)has refused to register the place or object following a nomination under section 27 or 27A; or

(ii)has removed the place or object from the Heritage Register; or

(iii)has refused to include the land following a nomination under section 27B as part of a place in the Heritage Register; or

(iv)has amended the Heritage Register to remove the land from a registered place; or

(c)the Minister, in the preceding 5 years, has refused to—

(i)register the place or object following a nomination under section 27 or 27A; or

(ii)include the land following a nomination under section 27B as part of a place in the Heritage Register.

(1A)In addition, subject to subsection (2), the Executive Director cannot accept a nomination under this Division if the Executive Director, in the preceding 5 years, has made an exclusion determination in relation to the place or object or the part of the place or object.

(2)If the Executive Director receives new information relating to a place, object or land which was not available to the Executive Director, the Heritage Council or the Minister in making a decision referred to in subsection (1), and the Executive Director considers the information to be of significance, the Executive Director may accept a nomination relating to—

(a)a place, object or land referred to in subsections (1)(a) or (b) or (1A); or

(b)with the consent of the Minister, a place, object or land referred to in subsection (1)(c).

29Executive Director may refuse nominations in certain circumstances

(1)The Executive Director may refuse a nomination under this Division if the Executive Director considers that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register.

(2)The Executive Director must give the person or body that made the nomination written notice of the Executive Director's refusal of the nomination as soon as practicable after the refusal.

(3)The written notice must include—

(a)reasons why the nomination has been refused; and

(b)a statement that the person or body that made the nomination has the right to request a review of the refusal of the nomination.

(4)In addition to the notice under subsection (2), the Executive Director must give written notice of the refusal of the nomination to—

(a)the owner of the place, object or land; and

(b)the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

30Requests for review of the Executive Director's refusal of nomination

(1)A person or body whose nomination has been refused by the Executive Director under section 29 may make a written request to the Heritage Council to review the Executive Director's decision refusing that nomination.

(2)A request under subsection (1) must—

(a)be lodged within 28 days after the nominator receives written notice of the Executive Director's decision refusing the nomination; and

(b)be accompanied by the prescribed fee (if any).

(3)The Heritage Council may request the Executive Director to provide any information in relation to the decision refusing the nomination.

(4)The Executive Director must provide any information requested under subsection (3).

(5)In determining a review, the Heritage Council may—

(a)affirm the decision under review; or

(b)set aside the decision under review and make another decision in substitution for it; or

(c)set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

*                *                *                *                *

(7)The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.

(8)The Heritage Council must give the nominator written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.

(9)In addition to the notice under subsection (8), the Heritage Council must give written notice of the outcome of a review to—

(a)the owner of the place, object or land; and

(b)the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

(c)the Executive Director.

*                *                *                *                *

33Requests for further information regarding nominations

(1)The Executive Director may make a written request to a person or body that made a nomination under this Division for further information to assist the consideration of the nomination.

(2)The person or body that made the nomination must provide any information requested by the Executive Director within 30 days after the request or a longer period agreed to by the Executive Director.

(3)If the person or body does not provide the requested information within the period referred to in subsection (2), the nomination is taken to have been withdrawn.

34Notice of nominations

(1)The Executive Director, within 14 days after accepting a nomination under this Division, must give written notice of the acceptance to—

(a)the person or body that made the nomination; and

(b)the owner of the place, object or land; and

(c)the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(2)If the Executive Director considers that it is not practicable in a particular case to give notice to an owner under subsection (1), the Executive Director may apply to the Minister to exempt the Executive Director from the requirements of that subsection.

(3)If the Minister exempts the Executive Director from the requirement to give notice under subsection (1), the Executive Director must give notice to the affected owners in any manner the Minister specifies in the exemption.

(4)The details of any exemption must be included in the Department's report of operations under the Financial Management Act 1994.

34AEffect of decision of Executive Director not to make an exclusion determination

(1)The Executive Director is taken to have accepted a nomination of a place or object, or part of a place or object, for inclusion in the Heritage Register under this Division if—

(a)the Executive Director has refused to make an exclusion determination in relation to the place or object or part of the place or object, under section 36C(1)(c), and review rights in relation to the decision to refuse are exhausted; or

(b)the Heritage Council—

(i)has set aside a decision of the Executive Director to make an exclusion determination in relation to the place or object or part of the place or object; and

(ii)has substituted a decision to refuse to make the exclusion determination in relation to the place or object or part of the place or object.

(2)For the purposes of this Division, the Executive Director is taken to have accepted the nomination under section 27 on whichever of the following days is applicable—

(a)if subsection (1)(a) applies, on the day after the day on which the review rights were exhausted;

(b)if subsection (1)(b) applies, on the day after the day on which the Heritage Council set aside the Executive Director's decision.

(3)For the purposes of subsection (1)(a), review rights in relation to a decision of the Executive Director are exhausted—

(a)subject to paragraph (b), on the day after the end of the period for making an application for review; or

(b)if the decision of the Executive Director is affirmed on review, on the day after the day on which the decision is affirmed.

35Deferral of consideration for nomination

If any place, object or land which is the subject of a nomination has been offered for sale or is offered for sale within 60 days after the making of the nomination, the Executive Director, with the agreement of the owner of the place, object or land, may defer the consideration of a nomination until after completion of that sale.

36Owner to notify purchaser of nomination and deferral

(1)The owner of a place, object or land which is the subject of a nomination under this Division, before entering into a contract for the sale of the place, object or land, must inform the purchaser of the nomination and of any deferral of consideration of the nomination.

(2)If the owner of a place, object or land which is the subject of a nomination under this Division fails to comply with subsection (1), the contract of sale is not invalid, but is voidable at the option of the purchaser.

Division 2A—Exclusion determinations

36AApplication for an exclusion determination

(1)A prescribed person or body, or a person or body included in a prescribed class, may make an application to the Executive Director for a determination under section 36C (an exclusion determination) that a place or object not be included in the Heritage Register.

(2)An application for an exclusion determination must—

(a)be made to the Executive Director in the prescribed form; and

(b)be prepared by a prescribed person; and

(c)include reasons why the place or object should not be included in the Heritage Register, being reasons based on the assessment criteria published by the Heritage Council; and

(d)include any other prescribed information; and

(e)be accompanied by the prescribed fee (if any).

36BRequests for further information regarding application

(1)The Executive Director, by writing, may request that an applicant for an exclusion determination provide further information to assist the consideration of the application.

(2)The applicant must provide any information requested by the Executive Director—

(a)within 30 days after the request; or

(b)within a longer period agreed to by the Executive Director.

(3)If the applicant does not provide the requested information within the period referred to in subsection (2), the application is taken to have been withdrawn.

36CDecision on application

(1)After considering an application for an exclusion determination in relation to a place or object, the Executive Director must—

(a)make the exclusion determination as specified in the application, if the Executive Director is satisfied that the place or object has no reasonable prospect of inclusion in the Heritage Register; or

(b)make an exclusion determination in relation to a part of the place or object, if the Executive Director is satisfied that the part of the place or object has no reasonable prospect of inclusion in the Heritage Register; or

(c)refuse to make the exclusion determination, if the Executive Director is not so satisfied as mentioned in paragraph (a) or (b).

(2)If the Executive Director makes an exclusion determination in relation to a place or part of a place, the Executive Director may refer the determination to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place, or the part of the place, as the case requires, in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.

36DNotice of decision to make or refuse to make an exclusion determination

(1)This section applies if the Executive Director—

(a)decides to make an exclusion determination in relation to a place or object or part of a place or object; or

(b)refuses to make an exclusion determination in relation to a place or object or part of a place or object.

(2)Within 14 days of the decision, the Executive Director must give written notice of the decision to the following—

(a)the applicant;

(b)the owner of the place or object or the part of the place or object;

(c)the responsible authority for the area in which the place or object or the part of the place or object is situated;

(d)if the responsible authority for the area in which the place or object or the part of the place or object is situated is not a municipal council, the relevant municipal council.

(3)The written notice must include—

(a)reasons for the decision; and

(b)a statement that specifies—

(i)who has the right to request a review of the decision under section 36E; and

(ii)the process that will apply if a review of the decision is not requested, or if a decision is made on a review of the decision.

(4)In the case of a decision to make an exclusion determination in relation to a place or object or part of a place or object, within 14 days of the decision, the Executive Director must also—

(a)publish the exclusion determination in a newspaper circulating generally in the area in which the place or object or the part of the place or object is situated; and

(b)make the exclusion determination available on the Internet site of the Department for a period of at least 14 days; and

(c)include with the exclusion determination, as published or made available, a statement that a person who has a real and substantial interest in the place or object or the part of the place or object has the right to request a review of the decision to make the exclusion determination.

36ERequest for review of decision to make or refuse to make an exclusion determination

(1)If the Executive Director makes or refuses to make an exclusion determination in relation to a place or object or part of a place or object, a person who has a real and substantial interest in the place or object or the part of the place or object, by writing, may request the Heritage Council to review the Executive Director's decision.

(2)A request under subsection (1) must—

(a)be made within 28 days after the written notice of the Executive Director's decision is given; and

(b)be accompanied by the prescribed fee (if any).

(3)If the Executive Director refuses to make an exclusion determination in relation to a place or object or part of a place or object, the applicant for the exclusion determination, by writing, may request the Heritage Council to review the Executive Director's decision.

(4)A request under subsection (3) must—

(a)be made within 28 days after the written notice of the Executive Director's decision is given; and

(b)be accompanied by the prescribed fee (if any).

(5)The Heritage Council, by writing, may request that the Executive Director provide specified information in relation to the Executive Director's decision.

(6)The Executive Director must provide any information requested under subsection (5).

36FDecision on review

(1)In determining an application under section 36E for review of a decision of the Executive Director to make, or refuse to make, an exclusion determination, the Heritage Council may—

(a)affirm the decision under review; or

(b)set aside the decision under review and make another decision in substitution for it; or

(c)set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

(2)The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.

(3)The Heritage Council must give the applicant for review written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.

(4)In addition to the notice under subsection (3), the Heritage Council must give written notice of the outcome of a review to—

(a)the owner of the place or object or the part of the place or object; and

(b)the applicant for the exclusion determination concerned (if they are not notified under subsection (3)); and

(c)the responsible authority for the area in which the place or object or the part of the place or object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

(d)the Executive Director.

Division 3—Recommendations of registration

37Executive Director recommendations in respect of nominations

(1)After considering a nomination under Division 2 and any further information provided under section 33, the Executive Director must recommend to the Heritage Council—

(a)that the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or

(b)that the land should be included in the Heritage Register as part of a place; or

(c)that part of the place or object should be included in the Heritage Register, and the category or categories in which it should be included; or

(d)that part of the land should be included in the Heritage Register as part of a place; or

(e)that the place or object should not be included in the Heritage Register; or

(f)that the land should not be included in the Heritage Register as part of a place.

(2)If the Executive Director makes a recommendation that a place, or part of a place, should not be included in the Heritage Register, the Executive Director may refer the nomination to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.

38Executive Director recommendations for exempted works or activities

(1)If the Executive Director makes a recommendation to the Heritage Council that a place, object or land should be included in the Heritage Register, the Executive Director may include in the recommendation categories of works or activities which may be carried out in relation to the place, object or land without the need for a permit under Part 5.

(2)The Executive Director must not make a recommendation referred to in subsection (1) in relation to any categories of works or activities if the Executive Director considers that the works or activities may harm the cultural heritage significance of the place, object or land.

(3)The Executive Director may consult with the owner of the place, object or land before making the recommendation.

39Executive Director recommendations for protected zones

(1)The Executive Director may recommend to the Heritage Council that a place, being an area of land covered with water and any associated land, be included in the Heritage Register as a protected zone if the place contains—

(a)a registered shipwreck; or

(b)a registered shipwreck artefact; or

(c)a registered archaeological place; or

(d)a registered archaeological artefact.

(2)An area initially recommended under this section must not be greater than 100 hectares.

(3)In addition, any subsequent recommendation under this section recommending an expansion of the area of an existing protected zone must not result in that protected zone being greater than 100 hectares.

40Statement of recommendation

(1)Subject to subsection (2), on making a recommendation to the Heritage Council that a place, object or land should or should not be included in the Heritage Register, the Executive Director must give a statement (a statement of recommendation) to—

(a)the owner of the place, object or land; and

(b)  in the case of a nomination that has been made by a person or body, the person or body that made the nomination; and

(ba)in the case of a nomination that the Executive Director is taken to have accepted under section 34A(1), the applicant for the exclusion determination concerned; and

(c)the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

(2)If a place that is a shipwreck or protected zone or an object that is a shipwreck artefact is recommended for inclusion in the Heritage Register, the Executive Director may give notice of the recommendation in any manner the Executive Director considers fit.

(a)was made before the commencement of section 32 of the amending Act; and

(b)had not been finally determined as at the commencement of section 32 of the amending Act.

(2)The nomination is to be considered and determined as follows—

(a)if the Executive Director had made a recommendation under section 37 before the commencement of section 32 of the amending Act—in accordance with this Act as in force immediately before the commencement of section 32 of the amending Act; or

(b)if the Executive Director had not made a recommendation under section 37 before the commencement of section 32 of the amending Act—in accordance with this Act as amended by Part 4 of the amending Act.

297Offences

(1)Section 43, as amended by section 43 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 43 of the amending Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 43 of the amending Act, the offence is alleged to have been committed before that commencement.

(3)Section 87, as amended by section 57 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 57 of the amending Act.

(4)For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 57 of the amending Act, the offence is alleged to have been committed before that commencement.

(5)Section 88, as amended by section 58 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 58 of the amending Act.

(6)For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 58 of the amending Act, the offence is alleged to have been committed before that commencement.

(7)Section 89, as amended by section 59 of the amending Act, applies to an offence alleged to have been committed on or after the commencement of section 59 of the amending Act.

(8)For the purposes of subsection (7), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 59 of the amending Act, the offence is alleged to have been committed before that commencement.

298Exemption for alterations for purposes of religious services or rites

If the owner of a place or object has given notice in accordance with section 90 of this Act before the commencement of section 60 of the amending Act and the proposed alteration has not yet been completed, the alteration may be completed in accordance with this Act as in force immediately before the commencement of section 60 of the amending Act.

299Permits

(1)This section applies to a permit application that—

(a)was made before the commencement of Part 4 of the amending Act; and

(b)had not been finally determined as at the commencement of Part 4 of the amending Act.

(2)The permit application is to be considered and determined in accordance with this Act as in force immediately before the commencement of Part 4 of the amending Act.

300Securities

On the commencement of section 74 of the amending Act—

(a)a security given under section 103 before its repeal is taken to be a security given under section 101A; and

(b)section 101A applies to any security given under section 103 before its repeal as if the security had been given under section 101A.

301Determination by the Executive Director as to archaeological value

Section 118A, as inserted by section 84 of the amending Act, applies in respect of a site card under section 127 that is provided to the Executive Director on or after the commencement of section 84 of the amending Act.

302Consent applications

(1)The amendments made to section 124 by section 89 of the amending Act apply only to an application made on or after the commencement of section 89 of the amending Act.

(2)Sections 124A, 124B and 124C, as inserted by section 90 of the amending Act, apply with respect to a consent issued under section 124 whether that consent was issued before or after the commencement of section 90 of the amending Act.

(3)The amendments made to section 126 by section 92 of the amending Act apply only to a request made on or after the commencement of section 92 of the amending Act.

303Land owner must apply for recording of covenant or agreement

Section 139A, as inserted by section 96 of the amending Act, applies only to a covenant or agreement entered into on or after the commencement of section 96 of the amending Act.

304Repair orders

(1)The amendments made to section 154 by section 97 of the amending Act apply only in respect of a notice that is served on or after the commencement of section 97 of the amending Act.

(2)The amendments made to section 155 by section 98 of the amending Act apply only in respect of a notice under section 154 that is served on or after the commencement of section 98 of the amending Act.

(3)The amendments made to section 159 by section 99 of the amending Act apply only in respect of a repair order that is served on or after the commencement of section 99 of the amending Act.

305Publication and inspection requirements

Sections 171 and 184, as in force immediately before the commencement of Part 2 of the amending Act, continue to apply in respect of any draft World Heritage Strategy Plan or draft World Heritage Management Plan (as the case requires) required to be made available for inspection free of charge if the Plan is required to be made available for a period—

(a)that begins before that commencement; and

(b)that ends after that commencement.

306Exclusion determinations

(1)This section applies to a nomination of a place or object or a part of a place or object for inclusion in the Heritage Register if—

(a)the nomination was made before the commencement of Part 3 of the Heritage Amendment Act 2023; and

(b)an application is made for an exclusion determination in relation to the place or object, for an exclusion determination that covers all or any of the place or object; and

(c)on the day of the application for the exclusion determination (the application day), a recommendation under section 37 had not been made in relation to the nomination.

(2)The nomination of the place or object or the part of the place or object for inclusion in the Heritage Register is taken to be withdrawn, on and from the application day, to the extent that it overlaps with the application for the exclusion determination.

(3)In deciding under section 36C whether or not to make an exclusion determination in relation to the place or object, the Executive Director must have regard to any information provided in relation to the nomination of the place or object for inclusion in the Heritage Register.

*                *                *                *                *

SCHEDULE 1—FURTHER HERITAGE ADMINISTRATION

Division 1—Membership and procedure

1Chairperson and Deputy Chairperson

(1)The Minister must appoint one of the members of the Heritage Council as the Chairperson of the Heritage Council.

(2)The Minister must appoint one of the members of the Heritage Council as the Deputy Chairperson of the Heritage Council.

(3)If the Chairperson is absent or unable to perform their functions, the Deputy Chairperson must act as Chairperson and, while acting, has all the functions, duties and powers of the Chairperson.

2Terms of appointment of members of the Heritage Council

(1)A member of the Heritage Council holds office for a period of up to 3 years specified in the member's instrument of appointment.

(2)A member of the Heritage Council is eligible for re-appointment.

(3)The instrument of appointment of a member of the Heritage Council may specify terms and conditions of appointment.

(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Heritage Council in respect of the office of that member.

3Resignation and removal of members of the Heritage Council

(1)A member of the Heritage Council may resign from office by giving written notice to the Governor in Council.

(2)The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Heritage Council from office and appoint another person in their place.

4Alternate members of the Heritage Council

(1)The Governor in Council, on the recommendation of the Minister, may appoint an alternate member for a member of the Heritage Council.

(2)An alternate member must be appointed in the same manner as the member of the Heritage Council for whom the person is the alternate member.

(3)An alternate member may act in place of the member of the Heritage Council for whom the person is the alternate member if—

(a)the member is absent or unable to perform the duties of office; or

(b)the member and the alternate member agree that the alternate member is to act in the member's place; or

(c)the member's position is vacant.

(4)If subclause (3)(c) applies, the alternate member must not act in that position for more than 6 months.

(5)An alternate member has all the functions, duties and powers of a member of the Heritage Council when acting in the place of the member.

5Terms of appointment for alternate members of the Heritage Council

(1)An alternate member of the Heritage Council holds office for a period of up to 3 years specified in their instrument of appointment.

(2)An alternate member is eligible for re‑appointment.

(3)An alternate member may resign from office by giving written notice to the Governor in Council.

(4)The Governor in Council, on the recommendation of the Minister, may at any time remove an alternate member from office and appoint another person in their place.

Division 2—Meetings

6Procedure at Heritage Council meetings

(1)The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Heritage Council.

(2)If the Chairperson and the Deputy Chairperson are absent, the members of the Heritage Council present may elect a member to preside at a meeting.

(3)At a meeting of the Heritage Council, a majority of members present at the meeting constitutes a quorum.

(4)A question arising at a meeting of the Heritage Council must be determined by a majority of votes of members present and voting on that question.

(5)In the event of an equality of votes on any question arising at a meeting of the Heritage Council, the person presiding at the meeting has a deliberative vote and a second or casting vote.

(6)An act or decision of the Heritage Council is not invalid merely because of a defect or irregularity in connection with the qualification or appointment of a member of the Heritage Council or, in the case of a person qualified or appointed to act as an alternate member, because the occasion for the person acting as an alternate member had not arisen or had ceased.

(7)Subject to this Act, the Heritage Council may regulate its own proceedings.

7Minutes of meetings

The Heritage Council must keep minutes of the proceedings and decisions of each of its meetings.

Division 3—Operations

8Procedure at committee meetings

(1)A quorum of a committee is constituted by 3 members of the Heritage Council.

(2)The Heritage Council must appoint one of its members as Chairperson of the committee who must preside at all meetings of the committee at which the Chairperson is present.

(3)If the Chairperson is not present, the members present must elect another member of the committee who is also a member of the Heritage Council to preside at the meeting.

(4)Subject to this Act, a committee may regulate its own proceedings.

9Corporate plan

(1)The Heritage Council must prepare a corporate plan for each financial year.

(2)The Heritage Council must give a copy of a proposed corporate plan to the Minister on or before 31 May in each year, or by another date specified by the Minister.

(3)The proposed corporate plan must include—

(a)the Heritage Council's objectives and priorities over the next financial year; and

(b)the main undertakings of the Heritage Council; and

(c)the nature and scope of the activities to be undertaken by the Heritage Council; and

(d)estimates of the Heritage Council's revenue and expenditures and overall financial position for each of the next 3 financial years, and for the end of that period; and

(e)the performance targets and other measures by which the performance of the Heritage Council may be assessed in relation to its stated objectives; and

(f)such other matters as may be agreed on by the Minister and the Heritage Council.

(4)The Minister may specify—

(a)the type and format of the information required to be included in a proposed corporate plan under subclause (3)(d); and

(b)the kind of information to be provided to the Minister by the Heritage Council during the course of each of the next 3 financial years, including the information to be included in each report of operations under the Financial Management Act 1994.

(5)The Heritage Council must consider any comments on a proposed corporate plan made by the Minister within one month of the plan being provided to the Minister under subclause (2).

(6)The Heritage Council must—

(a)consult in good faith with the Minister following any comments made by the Minister in respect of a proposed corporate plan; and

(b)make any changes to the plan as are agreed between the Minister and the Heritage Council; and

(c)give the completed plan to the Minister for approval within 3 months of giving the proposed plan to the Minister.

(7)An approved corporate plan may be amended at any time by agreement of the Heritage Council and the Minister.

10Public availability of corporate plan

(1)The Heritage Council must publish a copy of its current corporate plan on its website.

(2)The Heritage Council must ensure that the corporate plan is included in its report of operations under the Financial Management Act 1994.

11Changes to corporate plan at the direction of the Minister

(1)The Minister, by written notice to the Heritage Council, may direct the Heritage Council to include any specified matters in or omit any specified matters from a corporate plan.

(2)Before giving the direction under subclause (1) the Minister must consult with the Heritage Council as to the matters to be referred to in the notice.

(3)The Heritage Council must comply with a direction under this clause.

12Report of operations

The Heritage Council must ensure that its report of operations under the Financial Management Act 1994 includes—

(a)the performance of its functions under this Act, including its performance in relation to the objectives and priorities set out in its current corporate plan; and

(b)a report on the state of Victoria's cultural heritage; and

(c)any other information required by the Minister.

Division 4—Miscellaneous

13Fees and allowances for members, alternate members and committee members of the Heritage Council

(1)A member or alternate member of the Heritage Council is entitled to receive the fees, travelling and other allowances fixed by the Minister in respect of the member.

(2)A committee member of the Heritage Council is entitled to receive the fees, travelling and other allowances approved by the Minister in respect of the member.

14Disclosure of interests

(1)A person to whom this clause applies must disclose at a meeting of the Heritage Council the nature of any direct or indirect pecuniary interest in—

(a)a contract or proposed contract with the Heritage Council; or

(b)a matter being considered or proposed to be considered by the Heritage Council.

(2)A disclosure made under subclause (1) must be made as soon as practicable after the relevant facts have come to the person's knowledge.

(3)A person who makes a disclosure must not—

(a)take any further part in any consideration or discussion of the contract, proposed contract or other matter; or

(b)take part in any vote on the contract, proposed contract or other matter; or

(c)be counted for the purposes of a quorum.

(4)A person who makes a full and accurate disclosure under subclause (1) and complies with subclause (3)(a) and (b) is not in breach of any duty owed by the person to the Heritage Council by reason of the person's pecuniary interest in the contract, proposed contract or other matter in respect of which the disclosure was made.

(5)A disclosure must be recorded in the minutes of the meeting at which it is made.

(6)This clause does not apply to a pecuniary interest which is held as a member in common with other members of a company which has at least 20 members.

(7)In this clause—

a person to whom this clause applies means—

(a)a member of the Heritage Council; or

(b)a member of a committee of the Heritage Council; or

(c)the Executive Director.

15No pecuniary interest in certain circumstances

A member of the Heritage Council does not have any direct or indirect pecuniary interest by reason only of the fact that—

(a)the member has been appointed from a list of names submitted by a body; and

(b)that body has a direct or indirect pecuniary interest in a place or object which is the subject of a contract or proposed contract with the Heritage Council or in any other matter being considered or proposed to be considered by the Heritage Council.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 November 2016

Legislative Council: 24 November 2016

The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments the Heritage Act 1995 to provide for the protection and conservation of places and objects of cultural heritage significance, to establish a Victorian Heritage Register and a Heritage Inventory, to establish a Heritage Council, to create offences and other enforcement measures to protect and conserve cultural heritage and to establish a Heritage Fund and for other purposes."

The Heritage Act 2017 was assented to on 15 March 2017 and came into operation on 1 November 2017: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Heritage Act 2017 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Heritage Act 2017, No. 7/2017

Assent Date: 15.3.17
Commencement Date: Ss 294(5), 309 on 1.11.17: s. 2(2)
Note: S. 309 repealed Pt 15 (ss 295–309) on 1.11.18; s. 294(5) provided that s. 294 expired on 1.11.19
Current State: This information relates only to the provision/s amending the Heritage Act 2017

Local Government Act 2020, No. 9/2020

Assent Date: 24.3.20
Commencement Date: S. 390(Sch. 1 item 53) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State: This information relates only to the provision/s amending the Heritage Act 2017

Heritage Amendment Act 2023, No. 5/2023

Assent Date: 28.3.23
Commencement Date: Ss 4–104 on 1.2.24: s. 2(2)
Current State: This information relates only to the provision/s amending the Heritage Act 2017

Statute Law Revision Act 2024, No. 13/2024

Assent Date: 23.4.24
Commencement Date: S. 3(Sch. 1 item 8) on 24.4.24: s. 2
Current State: This information relates only to the provision/s amending the Heritage Act 2017

Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024

Assent Date: 21.5.24
Commencement Date: Ss 58, 59 on 1.7.24: s. 2
CurrentState: This information relates only to the provision/s amending the Heritage Act 2017

Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025

Assent Date: 13.11.25
Commencement Date: Ss 75, 76 on 14.11.25: s. 2(1)
Current State: This information relates only to the provision/s amending the Heritage Act 2017

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0