Heritage Amendment Act 2023 (Vic)

Heritage Amendment Act 2023

No. 5 of 2023

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendments in relation to notices, publication and inspection of documents and hearings

Division 1—Amendments in relation to notices and publication and inspection of documents

4Definitions

5Section 57 substituted

6Public display of permit applications in certain circumstances

7Section 121 substituted

8Notice of draft World Heritage Strategy Plan

9Section 178 substituted

10Notice of draft World Heritage Management Plan

11Section 190 substituted

12New Part 12A inserted

Division 2—Amendments in relation to hearings conducted by the Heritage Council

13Definitions

14Directions about hearings

15Section 248 substituted and new section 248A inserted

16General procedure for hearings

17Persons who may appear before the Heritage Council

18Failure to attend hearing

Part 3—Exclusion determinations

19Definitions

20Certain nominations cannot be accepted

21New section 34A inserted

22New Division 2A of Part 3 inserted

23Statement of recommendation

24New section 306 inserted—transitional provision

Part 4—General amendments

25Definitions

26Delegation of powers—Heritage Council

27Section 27 heading amended

28New sections 27A and 27B inserted

29Certain nominations cannot be accepted

30Executive Director may refuse nominations in certain circumstances

31Requests for review of the Executive Director's refusal of nomination

32Sections 31 and 32 repealed

33Requests for further information regarding nominations

34Notice of nominations

35Deferral of consideration for nomination

36Owner to notify purchaser of nomination and deferral

37Executive Director recommendations in respect of nominations

38Executive Director recommendations for exempted works or activities

39Statement of recommendation

40Notice of recommendation to be published

41Section 42 amended

42New sections 42A to 42D inserted

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

44Submissions to the Heritage Council

45Consideration of submissions to the Heritage Council

46New section 46A inserted

47Section 48 amended

48Determinations of the Heritage Council

49New section 49A inserted

50Minister's call‑in powers

51New section 52A inserted

52Notice of registration

53Section 55 repealed

54Heritage certificates

55Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State

56Discovery of shipwrecks and shipwreck artefacts to be notified

57Offences in relation to knowingly or recklessly performing certain activities

58Offences in relation to negligently performing certain activities

59Offences in relation to performing certain activities

60Exemption for the purposes of religious services or rites

61New section 90A inserted

62Section 91 substituted

63Other exemptions from permits

64Permit applications

65Section 96 amended

66New sections 96A and 96B inserted

67Time for determining permit applications

68Requests for additional information in relation to permit applications

69Stopping of time for permit applications

70Submissions by responsible authorities and municipal councils in relation to permit applications

71Determination of permit applications

72New section 101A inserted

73Section 102 substituted and new sections 102A and 102B inserted

74Section 103 repealed

75Noncompliance with permit

76Amendment of permits

77New sections 105A and 105B inserted

78Review of the Executive Director's determinations relating to permits

79Determination of reviews by the Heritage Council

80Minister's power to call in or refer matter to VCAT

81New section 112A inserted

82Exercise of call‑in power by the Minister

83Powers of the Minister on referral

84New section 118A inserted

85Section 119 substituted

86Section 120 amended

87Section 123 substituted

88New section 123A inserted

89Executive Director may issue consents

90New sections 124A, 124B and 124C inserted

91Compliance with consents

92Requests for reviews regarding consents

93New section 126A inserted

94Reporting of investigations and surveys of land

95Approval of recommendation for a site of archaeological value

96New section 139A inserted

97Notices to show cause why works should not be carried out

98Repair orders for carrying out of works

99Executive Director may carry out works

100General powers of entry

101Heritage Fund

102New Part 11A heading inserted

103Statute law revision—section 244

104New Division 3 of Part 14 inserted

Part 5—Repeal of this Act

105Repeal of this Act

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Endnotes

1      General information

Heritage Amendment Act 2023

No. 5 of 2023

[Assented to 28 March 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to amend the Heritage Act 2017—

(a)in relation to notices, the publication and inspection of documents and hearings; and

(b)to provide for exclusion determinations; and

(c)to make other general amendments.

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 February 2024, it comes into operation on that day.

3Principal Act

In this Act, the Heritage Act 2017 is called the Principal Act.

PART 2—AMENDMENTS IN RELATION TO NOTICES, PUBLICATION AND INSPECTION OF DOCUMENTS AND HEARINGS

Division 1—Amendments in relation to notices and publication and inspection of documents

4Definitions

In section 3(1) of the Principal Act insert the following definitions—

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

public availability requirements—see section 254A;".

5Section 57 substituted

For section 57 of the Principal Act substitute—

"57   Public availability of the Heritage Register

(1)The Heritage Council must publish and make an up to date copy of the Heritage Register available both—

(a)electronically in accordance with the requirements set out in section 254E; and

(b)on request in accordance with the requirements set out in section 254D.

(2)The Executive Director must make an up to date copy of the Heritage Register available on request in accordance with the requirements set out in section 254D.".

6Public display of permit applications in certain circumstances

(1)For section 94(1) of the Principal Act substitute—

"(1)If the Executive Director receives a permit application under section 93 and the Executive Director considers that the proposed works or activities may harm the cultural heritage significance of the place or object, the Executive Director must—

(a)cause notice of a permit application to be published in a newspaper circulating generally in the area in which the registered place or registered object is situated; and

(b)make a notice of the permit application available electronically in accordance with the requirements set out in section 254C for a period of 14 days beginning on the day on which the notice is published under paragraph (a).

(1A)A notice under subsection (1)(a) is to be published—

(a)as soon as practicable after the Executive Director receives the permit application; or

(b)if publication under paragraph (a) would be during the period from 24 December to 9 January next following, as soon as practicable after that period ends.".

(2)In section 94(4) of the Principal Act, for "subsection (1)" substitute "subsection (1)(a)".

(3)For section 94(6) of the Principal Act substitute—

"(6)For the period of 14 days beginning on the day on which the notice is published under subsection (1)(a), the Executive Director must make a copy of the application available in accordance with the public availability requirements.

(6A)If the Executive Director makes a copy of an application available electronically under subsection (6), the Executive Director must not disclose personal information about an individual, other than the address of the land subject to the application, without the individual's consent.".

7Section 121 substituted

For section 121 of the Principal Act substitute—

"121   Public availability of the Heritage Inventory

The Executive Director must publish and make an up to date copy of the Heritage Inventory available both—

(a)electronically in accordance with the requirements set out in section 254E; and

(b)on request in accordance with the requirements set out in section 254D.".

8Notice of draft World Heritage Strategy Plan

(1)For section 171(2)(a) of the Principal Act substitute—

"(a)if the Executive Director intends to make a copy of the draft plan available in person in accordance with the requirements set out in section 254B, the place at which any person may inspect the draft plan; and

(ab)if the Executive Director intends to make a copy of the draft plan available electronically and on request in accordance with the requirements set out in sections 254C and 254D—

(i)the address of the Department's website at which a copy of the draft plan is published; and

(ii)the Department's contact details for making a request to inspect a copy of the draft plan; and".

(2)For section 171(3) of the Principal Act substitute—

"(3)During the inspection period, the Executive Director and the Heritage Council must make an up to date copy of a draft World Heritage Strategy Plan available in accordance with the public availability requirements.

(4)In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.

(5)In this section—

inspection period means the period—

(a)beginning on the day notice of the preparation of the draft World Heritage Strategy Plan is published under subsection (1)(a) or (b), whichever is earlier; and

(b)ending on the submission date for the draft plan.".

9Section 178 substituted

For section 178 of the Principal Act substitute—

"178   Public availability of Approved World Heritage Strategy Plans

The Heritage Council and the Executive Director must make an up to date copy of each Approved World Heritage Strategy Plan available in accordance with the public availability requirements.".

10Notice of draft World Heritage Management Plan

(1)For section 184(2)(b) of the Principal Act substitute—

"(b)if the Executive Director intends to make a copy of the draft plan available in person in accordance with the requirements set out in section 254B, the place at which any person may inspect the draft plan; and

(ba)if the Executive Director intends to make a copy of the draft plan available electronically and on request in accordance with the requirements set out in sections 254C and 254D—

(i)the address of the Department's website at which a copy of the draft plan is published; and

(ii)the Department's contact details for making a request to inspect a copy of the draft plan; and".

(2)For section 184(3) of the Principal Act substitute—

"(3)During the inspection period, the Executive Director must make an up to date copy of a draft World Heritage Management Plan available in accordance with the public availability requirements.

(4)In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.

(5)In this section—

inspection period means the period—

(a)beginning on the day notice of the preparation of the draft World Heritage Management Plan is published under subsection (1)(a) or (b), whichever is earlier; and

(b)ending on the submission date for the draft plan.".

11Section 190 substituted

For section 190 of the Principal Act substitute—

"190   Public availability of Approved World Heritage Management Plans

The Executive Director must make an up to date copy of each Approved World Heritage Management Plan available in accordance with the public availability requirements.".

12New Part 12A inserted

After Part 12 of the Principal Act insert—

"PART 12A—PUBLIC AVAILABILITY OF DOCUMENTS

254APublic availability requirements

For the purposes of this Act, the Heritage Council or the Executive Director makes a document available in accordance with the public availability requirements if the Heritage Council or the Executive Director makes the document available—

(a)in person in accordance with the requirements set out in section 254B; or

(b)both—

(i)electronically in accordance with the requirements set out in section 254C; and

(ii)on request in accordance with the requirements set out in section 254D.

254BIn person inspection requirements

(1)For the Heritage Council, the requirements for making a document available in person are that the Heritage Council makes a document available for inspection—

(a)at the Heritage Council's office; and

(b)at any time during the Heritage Council's office hours; and

(c)free of charge.

(2)For the Executive Director, the requirements for making a document available in person are that the Executive Director makes a document available for inspection—

(a)at the Department's office; and

(b)at any time during the Department's office hours; and

(c)free of charge.

254CElectronic publication requirements

(1)The requirements for making a document available electronically are that the Heritage Council or Executive Director publishes and makes a document available, free of charge, on the applicable website.

(2)For the purposes of subsection (1), the applicable website is—

(a)for the Heritage Council, a website maintained by or on behalf of the Heritage Council; or

(b)for the Executive Director—

(i)if the Executive Director has published a notice specifying an address of a website at which a copy of the document is published, the website at that address; or

(ii)in any other case, the Department's website.

254DOn request inspection requirements

(1)For the Heritage Council, the requirements for making a document or the Heritage Register available on request are that the Heritage Council makes the document or Register available for inspection—

(a)on the request of any person who wants to inspect the document or Register; and

(b)at the Heritage Council's office; and

(c)at a time that is—

(i)agreed with the person who requests to inspect the document or Register; and

(ii)during the Heritage Council's office hours; and

(d)free of charge.

(2)For the Executive Director, the requirements for making a document, the Heritage Register or Heritage Inventory available on request are that the Executive Director makes the document, Register or Inventory available for inspection—

(a)on the request of any person who wants to inspect the document, Register or Inventory; and

(b)at the Department's office; and

(c)at a time that is—

(i)agreed with the person who requests to inspect the document, Register or Inventory; and

(ii)during the Department's office hours; and

(d)free of charge.

254EElectronic Heritage Register and Heritage Inventory requirements

(1)The requirements for making the Heritage Register available electronically are that the Heritage Council makes—

(a)the Register searchable, free of charge, on a website maintained by or on behalf of the Heritage Council; and

(b)the information on the Register available, free of charge, on a website maintained by or on behalf of the Heritage Council.

(2)The requirements for making the Heritage Inventory available electronically are that the Executive Director makes—

(a)the Inventory searchable, free of charge, on a website maintained by or on behalf of the Department; and

(b)the information on the Inventory available, free of charge, on a website maintained by or on behalf of the Department.

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

(1)The Heritage Council or the Executive Director is not required to make a document, the Heritage Register or the Heritage Inventory available on request in accordance with the requirements set out in section 254B or 254D if, at the time a request to inspect a document, the Register or the Inventory is made—

(a)there is an emergency declaration in force; and

(b)it is not reasonably practicable for the Heritage Council or Executive Director to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made.

(2)In this section—

emergency declaration means—

(a)a declaration of a state of disaster under section 23 of the Emergency Management Act 1986; or

(b)a pandemic declaration under section 165AB of the Public Health and Wellbeing Act 2008; or

(c)a declaration of a state of emergency under section 198 of the Public Health and Wellbeing Act 2008.".

Division 2—Amendments in relation to hearings conducted by the Heritage Council

13Definitions

In section 3(1) of the Principal Act insert the following definitions—

"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;".

14Directions about hearings

In section 247(1)(c) of the Principal Act, after "hearings" insert ", including the manner by which hearings are conducted, whether in person or by audio link or audio visual link".

15Section 248 substituted and new section 248A inserted

For section 248 of the Principal Act substitute—

"248   Hearings to be public

(1)The Heritage Council must conduct its hearings publicly.

(2)Despite subsection (1), the Heritage Council is not required to conduct a hearing, or part of a hearing, publicly if—

(a)a person making a submission objects to making the submission publicly; and

(b)the Heritage Council is satisfied that the submission is of a confidential nature.

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

(1)A hearing may be conducted—

(a)in person; or

(b)by audio link or audio visual link.

(2)For the purposes of section 248(1)—

(a)a hearing that is conducted publicly by audio link must be available to be heard by members of the public by audio link—

(i)while the hearing is being held; or

(ii)as soon as reasonably practicable afterwards; and

(b)a hearing that is conducted publicly by audio visual link must be available to be viewed and heard by members of the public by audio visual link—

(i)while the hearing is being held; or

(ii)as soon as reasonably practicable afterwards.".

16General procedure for hearings

After section 249(3) of the Principal Act insert—

"(4)The Heritage Council may require a person or the person's representative to appear and be heard—

(a)at a specified time; and

(b)in a specified manner, being—

(i)in person at a specified location; or

(ii)by audio link or audio visual link.".

17Persons who may appear before the Heritage Council

For section 250(a) of the Principal Act substitute—

"(a)be self‑represented; or".

18Failure to attend hearing

In section 251 of the Principal Act, after "a hearing" insert ", including attendance of a hearing by audio link or audio visual link,".

PART 3—EXCLUSION DETERMINATIONS

19Definitions

In section 3(1) of the Principal Act insert the following definition—

"exclusion determination—see section 36A;".

20Certain nominations cannot be accepted

(1)After section 28(1) of the Principal Act insert—

"(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)In section 28(2)(a) of the Principal Act, for "subsection (1)(a) or (b)" substitute "subsections (1)(a) or (b) or (1A)".

21New section 34A inserted

After section 34 of the Principal Act insert—

"34A   Effect 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.".

22New Division 2A of Part 3 inserted

After Division 2 of Part 3 of the Principal Act insert—

"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.".

23Statement of recommendation

(1)For section 40(1)(b) of the Principal Act substitute—

"(b)   in the case of a nomination that has been made by a person or body, the nominator of the place or object; 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".

(2)In section 40(3)(f) of the Principal Act, before "of sections" insert "or, if the Executive Director is taken to have accepted the nomination under section 34A(1), the applicant for the exclusion determination concerned,".

24New section 306 inserted—transitional provision

At the end of Part 14 of the Principal Act insert—

"306   Exclusion 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.".

PART 4—GENERAL AMENDMENTS

25Definitions

In section 3(1) of the Principal Act—

(a)insert the following definitions—

"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;

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

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

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;";

(b)in the definition of Department, for "Environment, Land, Water" substitute "Transport";

(c)in the definition of relevant survey purpose, in paragraph (a), for "finding" substitute "discovering";

(d)the definition of sea is repealed.

26Delegation of powers—Heritage Council

Section 15(1)(d) of the Principal Act is repealed.

27Section 27 heading amended

In the heading to section 27 of the Principal Act, after "Nominations" insert "of place or object".

28New sections 27A and 27B inserted

After section 27 of the Principal Act insert—

"27A   Nominations 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.".

29Certain nominations cannot be accepted

(1)For section 28(1) of the Principal Act substitute—

"(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.".

(2)I n section 28(2) of the Principal Act, for "place or object" (wherever occurring) substitute "place, object or land".

30Executive Director may refuse nominations in certain circumstances

(1)In section 29(1) of the Principal Act—

(a)omit "of a place or object";

(b)for "nominated place or object" substitute "nominated place, object or land".

(2)In section 29(2) of the Principal Act, for "nominator of the place or object" substitute "person or body that made the nomination".

(3)In section 29(3)(b) of the Principal Act, for "nominator" substitute "person or body that made the nomination".

(4)For section 29(4) of the Principal Act substitute—

"(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.".

31Requests for review of the Executive Director's refusal of nomination

(1)In section 30(1) of the Principal Act, for "The nominator of a place or object" substitute "A person or body".

(2)In section 30(5)(c) of the Principal Act omit "subject to subsection (6),".

(3)Section 30(6) of the Principal Act is repealed.

(4)For section 30(9) of the Principal Act substitute—

"(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.".

32Sections 31 and 32 repealed

Sections 31 and 32 of the Principal Act are repealed.

33Requests for further information regarding nominations

In section 33 of the Principal Act—

(a)in subsection (1), for "nominating a place or object for inclusion in the Heritage Register" substitute "that made a nomination under this Division";

(b)in subsection (2), for "nominating a place or object" substitute "that made the nomination".

34Notice of nominations

In section 34(1) of the Principal Act—

(a)omit "of a place or object";

(b)in paragraph (a), for "nominator of the place or object" substitute "person or body that made the nomination";

(c)in paragraphs (b) and (c), for "place or object" substitute "place, object or land".

35Deferral of consideration for nomination

In section 35 of the Principal Act—

(a)for "place or object" substitute "place, object or land";

(b)for "land or object" substitute "place, object or land".

36Owner to notify purchaser of nomination and deferral

In section 36 of the Principal Act—

(a)in subsection (1)—

(i)for "place or object" substitute "place, object or land";

(ii)for "the place or object" substitute "the place, object or land";

(b)in subsection (2), for "place or object" substitute "place, object or land".

37Executive Director recommendations in respect of nominations

For section 37 of the Principal Act substitute—

"37   Executive 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)In section 38(1) of the Principal Act, for "place or object" (where twice occurring) substitute "place, object or land".

(2)In section 38(2) of the Principal Act, for "place or object" substitute "place, object or land".

(3)In section 38(3) of the Principal Act, for "place or object" substitute "place, object or land".

39Statement of recommendation

(1)In section 40(1) of the Principal Act—

(a)for "place or object" (where first occurring) substitute "place, object or land";

(b)in paragraph (a), for "place or object" substitute "place, object or land";

(c)in paragraph (b), for "nominator of the place or object" substitute "person or body that made the nomination";

(d)in paragraph (c), for "place or object" substitute "place, object or land".

(2)In section 40(3) of the Principal Act—

(a)in paragraphs (b) and (e), for "place or object" substitute "place, object or land";

(b)in paragraph (f)—

(i)for "and nominator of the place or object" substitute "of the place, object or land and the person or body that made the nomination";

(ii)for "46 and 49" substitute "46, 46A and 49";

(c)for paragraph (g) substitute—

"(g)a summary of the rights and obligations under this Act that would apply to the owner of the place, object or land that is the subject of the Executive Director's recommendation, if that place, object or land is included in the Heritage Register.".

(3)After section 40(3) of the Principal Act insert—

"(3A)For the purposes of subsection (3)(c), a statement of recommendation must also include the following—

(a)for a place or object nominated under section 27, an assessment of the State‑level cultural heritage significance of the place or object;

(b)for an object nominated under section 27A, an assessment of whether the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;

(c)for land nominated under section 27B—

(i)an assessment of whether the State‑level cultural 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

(ii)if the additional land surrounds the place, whether it is important to the protection or conservation of the place or contributes to the understanding of the place.".

(4)For section 40(4) of the Principal Act substitute—

"(4)In addition, a statement of recommendation must contain the following information if the Executive Director recommends that a place or object should be included in the Register—

(a)for a place or object nominated under section 27, a summary of the State‑level cultural heritage significance of the place or object and the category or categories of the Register in which the place or object is to be registered;

(b)for an object nominated under section 27A, a summary of how the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27;

(c)for land nominated under section 27B—

(i)a summary of how the State‑level cultural 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

(ii)if the additional land surrounds the place, a summary of how it is important to the protection or conservation of the place or contributes to the understanding of the place;

(d)any recommendations made under section 38 in relation to the works or activities with respect to the place, object or land and an invitation for submissions from the owner in relation to those recommendations.".

(5)In section 40(5) of the Principal Act, for "object or place" substitute "place, object or land".

40Notice of recommendation to be published

In section 41 of the Principal Act, for "place or object" (where twice occurring) substitute "place, object or land".

41Section 42 amended

(1)In the heading to section 42 of the Principal Act, for "of places and objects" substitute "—to advise of works, permits etc. on foot when statement of recommendation given".

(2)In section 42(1) of the Principal Act—

(a)for "place or object" (where first occurring) substitute "place, object or land";

(b)in paragraph (a), for "place or object" substitute "place, object or land";

(c)for paragraph (b) substitute—

"(b)if the place, object or land is a place or additional land, any application for a planning permit or a building permit, or any application for an amendment to a planning permit or a building permit, that has been made in relation to the place or additional land but not determined at the time the statement is given; and";

(d)in paragraph (c), for "place or object" substitute "place, object or land".

(3)Section 42(3), (4), (5), (6), (7), (8) and (9) of the Principal Act are repealed.

42New sections 42A to 42D inserted

After section 42 of the Principal Act insert—

"42A   Obligations of owners before determination or inclusion in the Heritage Register—to advise of permits

(1)This section applies if—

(a)an owner of any of the following is given a statement of recommendation—

(i)a place or object nominated under section 27;

(ii)an object nominated under section 27A;

(iii)land nominated under section 27B; and

(b)any of the following occurs within the statement of recommendation period in relation to the place, object or land—

(i)the making of an application for a planning permit or a building permit;

(ii)the making of an application for an amendment to a planning permit or a building permit;

(iii)the grant of a planning permit or building permit;

(iv)the grant of an amendment to a planning permit or building permit.

(2)The owner must advise the Executive Director in writing of—

(a)the making of an application referred to in subsection (1)(b)(i) or (ii), within 10 days of the making of the application; or

(b)a grant referred to in subsection (1)(b)(iii) or (iv), within 10 days of the owner becoming aware of the grant.

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

(1)This section applies if—

(a)an owner of a place, object or land is given a statement of recommendation; and

(b)within the statement of recommendation period it is proposed that activities that could harm the place, object or land be carried out.

(2)The owner, not less than 10 days before carrying out the activities, must advise the Executive Director in writing of the proposal to do so.

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

(1)This section applies if—

(a)an owner of a place, object or land is given a statement of recommendation; and

(b)within the statement of recommendation period a proposal is made to dispose of the whole or any part of the place, object or land.

(2)The owner, within 10 days after entering into an agreement, arrangement or understanding for the disposal of the whole or any part of the place, object or land, must advise the Executive Director in writing of the proposal to do so.

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

(1)This section applies if—

(a)an owner of a place, object or land is given a statement of recommendation; and

(b)the owner proposes to dispose of the whole or any part of the place, object or land within the statement of recommendation period.

(2)Before entering into an agreement, arrangement or understanding to dispose of the whole or any part of the place, object or land during the statement of recommendation period, the owner must give a copy of the statement of recommendation to the person who, under the proposed agreement, arrangement or understanding, is to acquire the place, object or land or part of the place, object or land.".

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

(1)In the heading to section 43 of the Principal Act, for "places and objects" substitute "places, objects and land".

(2)In section 43 of the Principal Act, for "place or object to whom section 42 applies must comply with that section." substitute "place, object or land who is subject to an obligation under section 42, 42A, 42B, 42C or 42D must comply with that obligation.".

44Submissions to the Heritage Council

(1)In section 44(1) and (3) of the Principal Act, for "place or object" substitute "place, object or land".

(2)For section 44(4) of the Principal Act substitute—

"(4)A submission must relate to—

(a)for a place or object nominated under section 27, whether or not the place or object is of State‑level cultural heritage significance; or

(b)for an object nominated under section 27A, whether or not the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27; or

(c)for land nominated under section 27B—

(i)whether or not the State‑level cultural 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

(ii)if the additional land surrounds the place, whether or not it is important to the protection or conservation of the place or contributes to the understanding of the place; or

(d)any recommendation under section 37, 38 or 39 in relation to the place, object or land.".

45Consideration of submissions to the Heritage Council

Section 46(2) and (3) of the Principal Act are repealed.

46New section 46A inserted

After section 46 of the Principal Act insert—

"46A   Conduct of hearings by Heritage Council in relation to a recommendation

(1)The Heritage Council may conduct a hearing in relation to a recommendation under section 37, 38 or 39 in any circumstances that the Heritage Council considers appropriate.

(2)The Heritage Council must conduct a hearing if—

(a)a submission made to it under section 44 includes a request for a hearing before the Heritage Council; and

(b)the submission is made by a person or body with a real or substantial interest in the place, object or land that is the subject of the submission.".

47Section 48 amended

(1)In the heading to section 48 of the Principal Act, for "place or object" substitute "place, object or land".

(2)In section 48(1) and (2) of the Principal Act, for "place or object" (where twice occurring) substitute "place, object or land".

(3)In section 48(3) of the Principal Act, for "place or object" substitute "place, object or land".

48Determinations of the Heritage Council

(1)In section 49(1) of the Principal Act—

(a)for "place or object" (where first occurring) substitute "place, object or land";

(b)omit "into the submissions";

(c)in paragraph (a), for "the place or part of the place, or object," substitute "the place or object";

(d)after paragraph (a) insert—

"(ab)in the case of a place, determine that—

(i)part of the place is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii)part of the place is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or

(ac)in the case of an object, determine that—

(i)part of the object is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii)part of the object is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or";

(e)in paragraph (b), for "the place or part of the place, or object," substitute "the place or object";

(f)in paragraph (c)—

(i)after "the place" (where first occurring) insert "or part of the place";

(ii)for subparagraph (i) substitute—

"(i)refer the recommendation and any submissions 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; or";

(iii)in subparagraph (ii), after "the place" insert "or part of the place";

(g)for paragraph (d) substitute—

"(ca)in the case of a recommendation in respect of an object nominated under section 27A, determine that the object, or part of the object, is to be included in the Heritage Register if it is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register; or

(d)in the case of a recommendation in respect of additional land nominated under section 27B, determine that the additional land, or any part of the additional land, is to be included in the Heritage Register if—

(i)the State‑level cultural heritage significance of the place, or part 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

(ii)the additional land or any part of the additional land surrounding the place, or part of the place, is important to the protection or conservation of the place or contributes to the understanding of the place.";

(h)paragraph (e) is repealed.

(2)In section 49(2)(b) of the Principal Act omit "into the written submissions".

(3)For section 49(3) of the Principal Act substitute—

"(3)A determination made under subsection (1)(a), (ab), (ac), (ca) or (d)—

(a)may include categories of works or activities which may be carried out in relation to a place, object or land, or part of a place, object or land, for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place, object or land; and

(b)must include a statement of the reasons for the making of the determination.".

(4)For section 49(4) of the Principal Act substitute—

"(4)If the Heritage Council determines to include a place, or part of a place, in the Heritage Register, the Heritage Council may also determine to include land that is not the subject of a nomination under section 27B in the Heritage Register as part of the place if—

(a)the land is ancillary to the place; and

(b)the person who owns the place, or part of the place—

(i)is the owner of the land; and

(ii)consents to its inclusion.".

49New section 49A inserted

After section 49 of the Principal Act insert—

"49A   Notice to the owner or government asset manager

(1)The Heritage Council must give written notice of any determination of the Heritage Council under section 49 in relation to a place, object or land, and of any works or activities which the Heritage Council has determined under section 49(3) may be carried out in relation to a place, object or land without a permit under Part 5, to—

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

(b)the Executive Director.

(2)A notice under subsection (1) must be given within 7 days after the day on which the determination is made.".

50Minister's call‑in powers

In section 50 of the Principal Act—

(a)in subsection (1), for "section 39" substitute "section 49";

(b)for subsection (2)(b) substitute—

"(b)must not—

(i)consider, or continue to consider, the recommendation; or

(ii)make a determination.".

51New section 52A inserted

After section 52 of the Principal Act insert—

"52A   Notice to the owner or government asset manager

(1)The Minister must give written notice of any determination of the Minister under section 52, and of any works or activities which the Minister has determined under section 52 may be carried out in relation to a place, object or land without a permit under Part 5, to—

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

(b)the Executive Director.

(2)A notice under subsection (1) must be given within 7 days after the day on which the determination is made.".

52Notice of registration

(1)In section 53(1), (2) and (4) of the Principal Act, for "place or object" substitute "place, object or additional land".

(2)For section 53(3) of the Principal Act substitute—

"(3)The notice must specify—

(a)the category or categories of the Heritage Register, or the record of the Heritage Register, to which the place or object is included; or

(b)in the case of additional land, the place to which the land forms part of.".

53Section 55 repealed

Section 55 of the Principal Act is repealed.

54Heritage certificates

For section 58(3)(d) of the Principal Act substitute—

"(d)whether or not a nomination has been made for inclusion of the place or object in the Heritage Register and, if a nomination has been made, whether or not the following things have occurred in respect of the nomination—

(i)the Executive Director has not accepted the nomination under section 28(1)(a), (b) or (c) or (1A);

(ii)the Executive Director has refused the nomination under section 29 and the date on which the refusal occurred;

(iii)the Executive Director has given written notice of accepting the nomination under section 34;

(iv)the nomination has been withdrawn;

(v)at the date the certificate is issued the nomination has not been determined;

(da)whether or not an application for exclusion has been made under section 36A and, if an application has been made, whether or not the following things have occurred in respect of the application—

(i)the Executive Director has made the exclusion determination and the date on which the determination was made;

(ii)the Executive Director has refused to make the exclusion determination and the date on which the refusal occurred;

(iii)the Heritage Council has been requested to review the Executive Director's decision to make, or refuse to make, an exclusion determination;

(iv)the Heritage Council has affirmed or set aside the Executive Director's decision to make, or refuse to make, an exclusion determination;".

55Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State

(1)For section 73(1) of the Principal Act substitute—

"(1)A person must not remove any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact from the State otherwise than in accordance with—

(a)an action required under section 72; or

(b)any terms and conditions of a permit issued by the Executive Director under section 77.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 480 penalty units.".

(2)In section 73(2) of the Principal Act, after "accordance with" insert "an action required under section 72 or".

56Discovery of shipwrecks and shipwreck artefacts to be notified

(1)In section 80(1) of the Principal Act, for "finds" substitute "discovers".

(2)In section 80(4)(a) and (5) of the Principal Act, for "found" substitute "discovered".

57Offences in relation to knowingly or recklessly performing certain activities

In section 87(4) of the Principal Act—

(a)in paragraph (a), after "under" insert "Part 4 or";

(b)after paragraph (c) insert—

"(ca)that are specified in a show cause notice and which are carried out consistently with the show cause notice; or

(cb)carried out in accordance with a repair order; or

(cc)carried out in accordance with a rectification order; or".

58Offences in relation to negligently performing certain activities

In section 88(4) of the Principal Act—

(a)in paragraph (a), after "under" insert "Part 4 or";

(b)after paragraph (c) insert—

"(ca)that are specified in a show cause notice and which are carried out consistently with the show cause notice; or

(cb)carried out in accordance with a repair order; or

(cc)carried out in accordance with a rectification order; or".

59Offences in relation to performing certain activities

In section 89(4) of the Principal Act—

(a)in paragraph (a), after "under" insert "Part 4 or";

(b)after paragraph (c) insert—

"(ca)that are specified in a show cause notice and which are carried out consistently with the show cause notice; or

(cb)carried out in accordance with a repair order; or

(cc)carried out in accordance with a rectification order; or".

60Exemption for the purposes of religious services or rites

(1)In section 90(1) of the Principal Act, for "any alterations" substitute "works or activities in relation".

(2)For section 90(3) of the Principal Act substitute—

"(3)The owner of the place or object must give notice of the proposed works or activities to the Executive Director at least 20 business days before the works or activities are to commence.".

(3)In section 90(4)(b) of the Principal Act, for "the alteration is" substitute "the proposed works or activities are".

(4)After section 90(4) of the Principal Act insert—

"(5)If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, the Executive Director may notify the owner of the place or object that—

(a)the exemption under this section does not apply to the proposed works or activities; and

(b)a permit for the proposed works or activities is required.

(6)A notice under subsection (5) must be given within 15 business days after the Executive Director receives a notice under subsection (3).".

61New section 90A inserted

After section 90 of the Principal Act insert—

"90A   Requests for additional information in relation to exemption for the purposes of religious services or rites

(1)The Executive Director may request an owner to provide any additional information that the Executive Director considers necessary to determine if the proposed works or activities are for the purposes of religious services or rites.

(2)A request under subsection (1) must be made in writing and include the following information—

(a)a description of the information to be provided;

(b)the date by which the information must be provided, being a date which is at least 30 days after the request;

(c)a statement that the notice given under section 90(3) will cease to have effect if the information is not provided by that date.

(3)The owner may request the Executive Director to grant an extension of time to provide the requested information.

(4)The Executive Director must—

(a)agree or refuse to agree to a request under subsection (3); and

(b)give written notice to the owner of the Executive Director's decision.

(5)A notice under subsection (4)(b) must state—

(a)whether the extension of time is agreed to or refused; and

(b)if the extension of time is agreed to, the date by which the information must be provided; and

(c)if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.

(6)The Executive Director must notify the owner within 5 business days after agreeing or refusing to agree to the extension.

(7)The period within which the Executive Director must give notice under section 90(6) stops to run on the day when the Executive Director requests additional information under this section and starts to run when that information is provided to the Executive Director.".

62Section 91 substituted

For section 91 of the Principal Act substitute—

"91   Exemption for certain subdivisions or consolidations

A person may cause land to be subdivided or consolidated without a permit issued under Part 5 if—

(a)the subdivision or consolidation is in accordance with a planning permit; and

(b)the application for the planning permit was referred to the Executive Director as a determining referral authority under the Planning and Environment Act 1987.".

63Other exemptions from permits

(1)Section 92(2) of the Principal Act is repealed.

(2)After section 92(3) of the Principal Act insert—

"(3A)The Executive Director must give written notice to the owner of a registered place or registered object affected by a determination made—

(a)under subsection (1), without delay; or

(b)under subsection (3), within 5 business days.".

(3)In section 92(4) of the Principal Act, for "makes a determination" substitute "makes or amends a determination".

(4)After section 92(6) of the Principal Act insert—

"(6A)The Executive Director may amend or revoke a determination made under subsection (3) if, at the time of the amendment or revocation, the Executive Director considers the works or activities may harm the cultural heritage significance of the registered place or registered object.".

(5)For section 92(7) of the Principal Act substitute—

"(7)The Executive Director must give written notice to the owner of a registered place or registered object affected by an amendment or revocation of a determination—

(a)under subsection (6), without delay; or

(b)under subsection (6A), within 5 business days.".

64Permit applications

After section 93(3) of the Principal Act insert—

"(3A)Despite subsection (3), if the works or activities for which a permit is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.".

65Section 96 amended

(1)For the heading to section 96 of the Principal Act substitute—

"Amending permit applications—request of applicant".

(2)In section 96(3)(c) of the Principal Act, for "land" substitute "registered place or registered object".

(3)After section 96(3) of the Principal Act insert—

"(3A)Despite subsection (3)(c), if the works or activities for which the amendment to the permit application is sought relate to only part of a registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.".

(4)In section 96(4) of the Principal Act, after "Executive Director" (where first occurring) insert ", within 20 business days after receiving a request under subsection (1),".

(5)After section 96(4) of the Principal Act insert—

"(4A)The Executive Director must notify the applicant within 5 business days after a decision under subsection (4) to agree to the request or to refuse the request.".

(6)Section 96(5) of the Principal Act is repealed.

(7)After section 96(6) of the Principal Act insert—

"(7)The period within which the Executive Director must agree to the request or refuse the request to amend the permit application under subsection (4) stops to run on the day when a direction is given to the applicant under subsection (6) and starts to run when information regarding compliance with that direction is provided to the Executive Director.".

66New sections 96A and 96B inserted

After section 96 of the Principal Act insert—

"96A   Amending permit applications—Executive Director

(1)The Executive Director may amend a permit application if—

(a)the Executive Director considers that the amendment would assist with the protection or conservation of the cultural heritage significance of the registered place or registered object to which the application relates; and

(b)the applicant consents in writing to the amendment; and

(c)if the owner or government asset manager of the registered place or registered object in respect of which the permit application relates is not the applicant, the owner or government asset manager consents in writing to the amendment.

(2)The Executive Director may amend a permit application under subsection (1) before or after any notice of the application is publicly displayed under section 94.

(3)If the Executive Director amends a permit application under subsection (1) after notice of the application is publicly displayed under section 94, the Executive Director—

(a)must notify any persons who lodged a written submission in relation to the permit application under section 95(1) of the amendment to the permit application; and

(b)despite section 94, may give directions to the applicant in relation to the publication or notification of the amended permit application.

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

The Executive Director must as soon as practicable give a copy of a permit application amended under section 96 or 96A to the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council.".

67Time for determining permit applications

(1)In section 97(1) of the Principal Act, for "60 days" substitute "45 business days".

(2)In section 97(2) of the Principal Act, for "60 days" (where twice occurring) substitute "45 business days".

(3)In section 97(3) of the Principal Act, for "60 days" substitute "45 business days".

(4)After section 97(3) of the Principal Act insert—

"(4)If the Executive Director obtains an extension under subsection (2), the Executive Director must notify the applicant within 5 business days of the extension.".

68Requests for additional information in relation to permit applications

In section 98 of the Principal Act—

(a)in subsection (2)(a), before "the information" insert "a description of";

(b)in subsection (5)(c)—

(i)for "in 14 days" (where first occurring) substitute "within 10 business days";

(ii)for "14 days" (where second occurring) substitute "10 business days";

(c)in subsection (6), for "7 days" substitute "5 business days".

69Stopping of time for permit applications

(1)After section 99(b) of the Principal Act insert—

"(ba)stops to run on the day when a request to amend a permit application is made under section 96(1) and starts to run when a decision is made by the Executive Director in relation to the request under section 96(4); or".

(2)In section 99(c) of the Principal Act, for "section 96(6)" substitute "section 96A(3)(b)".

70Submissions by responsible authorities and municipal councils in relation to permit applications

(1)In section 100(1) of the Principal Act, for "14 days" substitute "10 business days".

(2)In section 100(3)(a) of the Principal Act, for "14 days" substitute "20 business days".

(3)After section 100(3) of the Principal Act insert—

"(4)Despite subsection (3), the Executive Director may accept a submission that has not been lodged within the time required under that subsection.".

71Determination of permit applications

(1)In section 101(1) of the Principal Act—

(a)after "may" insert "determine";

(b)for paragraph (a) substitute—

"(a)to approve the application or part of the application, subject to any terms and conditions the Executive Director considers fit; or";

(c)in paragraph (b), for "refuse" substitute "to refuse".

(2)In section 101(2) and (3) of the Principal Act, for "determining whether to approve an application for a permit" substitute "making a determination under subsection (1)".

72New section 101A inserted

After section 101 of the Principal Act insert—

"101A   Approval of permit applications subject to security

(1)In approving an application under section 101(1)(a), the Executive Director may impose a term or condition on the permit that requires a security to be given to the Heritage Council to ensure—

(a)the satisfactory completion of the works or activities for which the permit is issued; or

(b)compliance with another condition imposed on the permit.

(2)In determining the form and content of a security referred to in subsection (1), the Executive Director must have regard to—

(a)in the case of a security for the purposes of subsection (1)(a), the nature and extent of the works or activities; or

(b)in the case of a security for the purposes of subsection (1)(b), the nature of the other condition to be complied with.

(3)The Heritage Council, for the following purposes, may pay out of the Heritage Fund a security received under subsection (1)—

(a)in accordance with the terms and conditions of the permit, for the satisfactory completion of the works or activities in respect of which the security was given;

(b)making the security available to the Executive Director under section 159(2);

(c)in accordance with the terms and conditions of the permit, for compliance with the other condition imposed on the permit in respect of which the security was given.

(4)The Heritage Council must return a security, or the remainder of a security if there has been a partial pay out of the security under subsection (3), to a person if—

(a)in the case of a security for the purposes of subsection (1)(a), the works or activities are completed; or

(b)in the case of a security for the purposes of subsection (1)(b), the condition is complied with.".

73Section 102 substituted and new sections 102A and 102B inserted

For section 102 of the Principal Act substitute—

"102   Issue of permits

The Executive Director, within 5 business days of making a determination under section 101(1)(a) to approve an application or part of an application, must issue a permit to the applicant.

102ANotice of refusal

(1)The Executive Director, within 5 business days of making a determination under section 101(1)(a) to approve part of an application, must give a written notice of the refusal of any part of the application not approved to the applicant.

(2)The Executive Director, within 5 business days of making a determination under section 101(1)(b) to refuse an application, must give a written notice of the refusal to the applicant.

(3)A notice of refusal must include—

(a)a statement of reasons for the refusal of the application or part of the application; and

(b)a statement of the applicant's rights of review under this Part.

102BNotice of permit application determination

The Executive Director must notify the following persons of the outcome of a permit application determination under section 101(1) within 5 business days—

(a)any person who made a submission in relation to the permit application; and

(b)the responsible authority for the area in which the registered place or registered object in respect of which the permit was applied for is situated and, if the responsible authority is not a municipal council, the relevant municipal council.".

74Section 103 repealed

Section 103 of the Principal Act is repealed.

75Noncompliance with permit

In section 104 of the Principal Act, for "section 102" substitute "this Part".

76Amendment of permits

(1)After section 105(3) of the Principal Act insert—

"(3A)Despite subsection (3), if the works or activities for which the amendment to the permit is sought relate to only part of the registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.".

"(c)if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact.".

(3)After section 124(2) of the Principal Act insert—

"(2A)Despite subsection (2)(c), if the works or activities for which the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.".

(4)For section 124(4) of the Principal Act substitute—

"(4)After considering an application under subsection (1), the Executive Director, within 20 business days after receiving the application, must—

(a)approve the application and, within 5 business days, issue the consent; or

(b)approve the application in part and, within 5 business days, issue the consent for some of the proposed works or activities specified in the application; or

(c)refuse the application.".

(5)After section 124(4) of the Principal Act insert—

"(4A)The Heritage Council, on the application of the Executive Director before the end of the period of 20 business days specified in subsection (4), may extend that period by a further period of up to 20 business days.

(4B)In the case of an application to do a thing referred to in subsection (1)(a)(ii) or (b)(ii), if the Executive Director considers the matter is urgent, the Executive Director may consider the application but must not determine it until the Executive Director—

(a)records the site in the Heritage Inventory under section 118(1)(a); or

(b)determines that the site has low archaeological value.".

(6)In section 124(7)(b) of the Principal Act, for "found" substitute "discovered".

90New sections 124A, 124B and 124C inserted

After section 124 of the Principal Act insert—

"124A   Amendment of consents

(1)Subject to this section, a person who is authorised to carry out works or activities under a consent issued under section 124 may apply to the Executive Director for an amendment of the consent.

(2)An application under subsection (1) must—

(a)be in the prescribed form; and

(b)be accompanied by the prescribed fee (if any); and

(c)if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact.

(3)Despite subsection (2)(c), if the works or activities for which the amendment to the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.

(4)In determining whether to amend a consent under this section, the Executive Director must consider—

(a)any archaeological, historical or other research; and

(b)the potential of the site or archaeological artefact to contribute to such knowledge.

(5)After considering an application to amend a consent, the Executive Director, within 20 business days after receiving the application, must—

(a)approve the application and, within 5 business days, issue the amended consent; or

(b)approve the application in part and, within 5 business days, issue the amended consent; or

(c)refuse the application.

(6)The Executive Director must refuse the application if the Executive Director considers that the requested amendment is so substantial that a new consent is necessary.

(7)If the Executive Director determines to refuse the application, the Executive Director must give the applicant written notice of the refusal within 5 business days after making the determination.

(8)A notice under subsection (7) must include a statement of reasons for the refusal.

(9)An amended consent under this section may be issued subject to the following terms and conditions—

(a)that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent;

(b)that archaeological artefacts discovered in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent;

(c)any other terms and conditions that the Executive Director considers fit.

124BRequests for additional information in relation to consent applications

(1)The Executive Director may request an applicant to provide any additional information that the Executive Director considers necessary to assist the determination of an application under section 124 or 124A.

(2)A request under subsection (1) must be made in writing and include the following information—

(a)a description of the information to be provided;

(b)the date by which the information must be provided, being a date which is at least 30 days after the request;

(c)a statement that the application will lapse if the information is not provided by that date.

(3)The applicant may request the Executive Director to grant an extension of time to provide the requested information.

(4)The Executive Director must—

(a)agree or refuse to agree to a request under subsection (3); and

(b)give written notice to the applicant of the Executive Director's decision.

(5)A notice under subsection (4)(b) must state—

(a)whether the extension of time is agreed to or refused; and

(b)if the extension of time is agreed to, the date by which the information must be provided; and

(c)if the extension of time is refused and the date specified in accordance with subsection (2)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.

(6)The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.

124CStopping of time for consent applications

The period within which the Executive Director must determine an application under section 124 or 124A stops to run on the day when the Executive Director requests additional information under section 124B and starts to run when that information is provided to the Executive Director.".

91Compliance with consents

In section 125 of the Principal Act, for "section 124" substitute "this Part".

92Requests for reviews regarding consents

After section 126(8) of the Principal Act insert—

"(9)If the Heritage Council determines under subsection (5)(b) to set aside the determination of the Executive Director and substitute it with a determination to issue the consent, the Executive Director must issue the consent within 5 business days of the Heritage Council's determination.".

93New section 126A inserted

After section 126 of the Principal Act insert—

"126A   Requirement to notify Executive Director of intention to undertake investigation or survey of land

A person who intends to undertake an investigation or a survey of land for the purpose of discovering an archaeological site must notify the Executive Director of the person's intention before the commencement of the investigation or survey.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

94Reporting of investigations and surveys of land

After section 127(3) of the Principal Act insert—

"(4)A person who undertakes an investigation or a survey of land for the purpose of discovering an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

(5)A person who undertakes an investigation or a survey of land for the purpose of preparing a cultural heritage management plan and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

(6)A person who undertakes an investigation or a survey of land in accordance with a cultural heritage permit and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.

(7)A survey report must—

(a)be in the prescribed form; and

(b)contain photographs, maps and plans of the investigation or survey; and

(c)contain field notes about the investigation or survey; and

(d)include any prescribed documentation.".

95Approval of recommendation for a site of archaeological value

In section 133 of the Principal Act—

(a)in subsection (2), for "decision" substitute "determination";

(b)in subsection (3), for "approval of a recommendation for a site of archaeological value" substitute "determination".

96New section 139A inserted

After section 139 of the Principal Act insert—

"139A   Land owner must apply for recording of covenant or agreement

(1)An owner who enters into a covenant, or agreement to vary a covenant, under section 134 or 135 must make an application under section 140 to the Registrar of Titles to record notice of—

(a)the covenant, or agreement to vary the covenant; or

(b)any variation, release or determination of the covenant under this Part.

(2)An owner must make an application under subsection (1) as soon as practicable after the covenant or agreement is entered into, or the variation, release or determination occurs.".

97Notices to show cause why works should not be carried out

(1)In the heading to section 154 of the Principal Act, after "works" insert "or activities".

(2)In section 154(2) of the Principal Act—

(a)omit ", with the consent of the Heritage Council,";

(b)for "works specified" substitute "works or activities specified".

(3)After section 154(2) of the Principal Act insert—

"(2A)If a registered place or registered object is owned by more than one person, a notice under subsection (2) may be served on any or all of the owners whom the Executive Director considers has contravened section 152 or 153.".

(4)In section 154(3) of the Principal Act, for "specify works" substitute "specify works or activities".

98Repair orders for carrying out of works

(1)In the heading to section 155 of the Principal Act, after "works" insert "or activities".

(2)In section 155(1) of the Principal Act, for "works specified" substitute "works or activities specified".

(3)In section 155(2) of the Principal Act, for "those works" substitute "those works or activities".

99Executive Director may carry out works

(1)In the heading to section 159 of the Principal Act, for "works" substitute "works or activities".

(2)In section 159(a) of the Principal Act, for "any works" substitute "any works or activities".

(3)In section 159(b) of the Principal Act, for "works" substitute "works or activities".

(4)At the end of section 159 of the Principal Act insert—

"(2)The Heritage Council may make available to the Executive Director a security given under section 101A for the costs of works or activities under subsection (1)(a) if the repair order is in relation to the same works or activities in respect of which the security was given.".

100General powers of entry

For section 201(4) of the Principal Act substitute—

"(4)An inspector or authorised person must not enter a residence unless—

(a)in the case of a residence that is occupied— the occupier of the residence has given written consent to the entry; or

(b)in the case of a residence that is unoccupied—

(i)the owner of the residence has given written consent to the entry; or

(ii)in the absence of written consent, 2 days' clear notice is given to the owner of the residence.".

101Heritage Fund

In section 234(2)(b) of the Principal Act, for "section 103" substitute "section 101A".

102New Part 11A heading inserted

After section 242 of the Principal Act insert the following heading—

"PART 11A—SPECIAL ASSISTANCE".

103Statute law revision—section 244

In section 244(4) of the Principal Act omit "will".

104New Division 3 of Part 14 inserted

After section 293 of the Principal Act insert—

"Division 3—Transitional provisions—Heritage Amendment Act 2023

294Interpretation

In this Division—

amending Act means the Heritage Amendment Act 2023.

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

On the commencement of section 32 of the amending Act—

(a)a reference in this Act to a nomination under section 27A is taken to include a reference to a nomination under section 31 before its repeal; and

(b)a reference in this Act to a nomination under section 27B is taken to include a reference to a nomination under section 32 before its repeal.

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

(1)This section applies to a nomination of a place or object under section 27, an object under section 31, or additional land under section 32, for inclusion in the Heritage Register that—

(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.".

PART 5—REPEAL OF THIS ACT

105Repeal of this Act

This Act is repealed on 1 February 2025.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

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

Minister's second reading speech—

Legislative Assembly: 22 February 2023

Legislative Council: 9 March 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Heritage Act 2017 to provide for exclusion determinations and to make other amendments to improve the operation of the Act and for other purposes."