Heritage (Amendment) Act 1997 (Vic)

Heritage (Amendment) Act 1997

Act No. 18/1997

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Amendments to section 45 of the Mineral Resources
Development Act 1990	2
4.	Amendment to section 214 of the Heritage Act 1995	3
5.	Further Amendments to the Heritage Act 1995	3

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NOTES 4

i

Victoria

No. 18 of 1997

Heritage (Amendment) Act 1997†

[Assented to 6 May 1997]

The Parliament of Victoria enacts as follows:

1. Purposes

The purposes of this Act are—

(a) Development Act 1990 to make further
provision with respect to consequential

to amend the Mineral Resources 1995; and

(b) to make other minor amendments to the Heritage Act 1995.

Heritage (Amendment) Act 1997

Act No. 18/1997 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on the day on which it receives the

Royal Assent.

(2) Section 4 is deemed to have come into operation

on 5 December 1995.

3.  Amendments to section 45 of the Mineral Resources Development Act 1990

(1) In section 45(1) of the Mineral Resources

Development Act 1990—

(a) for "or (4)" substitute ", (4), (4A) or (4B)";

(b) in paragraph (a)(xi) omit "or included in the Heritage Register established under the Heritage Act 1995".

(2) In section 45(3)(a) of the Mineral Resources

Development Act 1990 omit "a building that is included in the Heritage Register established under the Heritage Act 1995 or".

(3) After section 45(4) of the Mineral Resources

Development Act 1990 insert—

"(4A) A licensee may, with the consent of the

Heritage Council in respect of a place or object that is included in the Heritage Register established under the Heritage Act 1995, do work within the area that is prohibited in relation to that place or object by sub-section (1)(a)(xiii), or within 100 metres below that area.

(4B) A licensee may, with the consent of the

Executive Director (within the meaning of the Heritage Act 1995), in respect of an archaeological site on the Heritage Inventory established under the Heritage Act 1995, other than an archaeological site which is a

Heritage (Amendment) Act 1997

s. 4 Act No. 18/1997

place or object to which sub-section (4A)
applies, do work within the area that is
prohibited in relation to that archaeological
site by sub-section (1)(a)(xiii) or within 100

metres below that area.".

(4) In section 45(5) of the Mineral Resources

Development Act 1990, for "or (4)" substitute

"(4), (4A) or (4B)".

4. Amendment to section 214 of the Heritage Act 1995
In section 214(4) of the Heritage Act 1995 for
"Heritage Buildings Act 1981" substitute

"Historic Buildings Act 1981".

5. Further Amendments to the Heritage Act 1995

(1) In section 29(2) of the Heritage Act 1995, after

"in accordance" insert "with".

(2) In section 74(1)(b) of the Heritage Act 1995, for

"in the permit" substitute "in the application".

(3) In section 78(3) of the Heritage Act 1995 for "A

direct" substitute "A direction".

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Heritage (Amendment) Act 1997

Act No. 18/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 20 March 1997

Legislative Council: 22 April 1997

The long title for the Bill for this Act was "to amend the Heritage Act
1995 and the Mineral Resources Development Act 1990 and for other
purposes"