Heritage Regulations 2012 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

heritage REGULATIONS 2012

As in force at 1 October 2012

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif]Citation2Commencement3Exempt workENDNOTES northern territory of australia

northern territory of australia

As in force at 1 October 2012

heritage REGULATIONS 2012

Regulations under the Heritage Act 2011

1Citation

These Regulations may be cited as the Heritage Regulations 2012.

2Commencement

These Regulations commence on the commencement of the Heritage Act 2011.

3Exempt work
  • (1)

    For section 78(1) of the Act, minor work on a heritage place or heritage object is declared to be exempt work if:

    • (a)

      the work is carried out by, or on the instructions of, the owner of the place or object; and

    • (b)

      the work is carried out only for the conservation of the place or object; and

    • (c)

      the work does not detrimentally affect the heritage significance of the place or object.

  • (2)

    For subregulation (1), minor work is any of the following:

    • (a)

      routine maintenance or cleaning that does not involve:

      • (i)

        damage to or the removal of existing fabric; or

      • (ii)

        the introduction of new material;

    • (b)

      the repair or replacement of services or equipment such as telecommunication cables, water pipes, electrical wiring and fire extinguishers:

      • (i)

        by a person who is licensed to carry out the work; and

      • (ii)

        by the use of existing service routes, cavities or voids, or the replacement of existing surface mounted equipment, in a way that does not involve damage to or the removal of significant fabric;

    • (c)

      the repair or replacement of deteriorated, damaged or missing fabric:

      • (i)

        by a person who is licensed to carry out the work and has experience in the conservation of heritage buildings; and

      • (ii)

        in a way that ensures the repaired or replaced fabric matches the existing fabric and does not involve damage to or the removal of large amounts of fabric;

    • (d)

      the removal of fabric that is not significant;

    • (e)

      painting, using paint that:

      • (i)

        is of the same colour and type as used for the existing scheme; and

      • (ii)

        is appropriate to the substrate and does not endanger the survival of earlier paint layers;

    • (f)

      general landscape maintenance that does not damage or substantially alter the layout, contours, plant species or a significant landscape feature of the heritage place or heritage object;

    • (g)

      tree surgery by a qualified horticulturalist or tree surgeon;

    • (h)

      the erection of a temporary structure if:

      • (i)

        the erection or structure does not damage or endanger significant fabric or a significant landscape feature; and

      • (ii)

        the structure does not obstruct significant views of or from the heritage place or heritage object;

    • (i)

      the erection of a temporary fence or other structure as a safety or general security measure;

    • (j)

      if a building is unstable or irreparably damaged – carrying out emergency stabilising measures;

    • (k)

      the erection of:

      • (i)

        signage located behind or on the glass surface of a window on commercial premises; or

      • (ii)

        a temporary real estate sign relating to the sale or leasing of premises;

    • (l)

      if carried out on a cemetery or burial site – in addition to any other minor work:

      • (i)

        digging or making a new grave; or

      • (ii)

        the repair or maintenance of a monument or grave marker.

  • (3)

    In this regulation:

    significant, in relation to fabric or a landscape feature on a heritage place or heritage object, means fabric or a feature that:

    • (a)

      has heritage significance in its own right; or

    • (b)

      is an essential element of the heritage significance of the place or object.

       
    ENDNOTES  
    • 1

      KEY

    Key to abbreviations

     

    amd = amended od = order

    app = appendix om = omitted

    bl = by-law pt = Part

    ch = Chapter r = regulation/rule

    cl = clause rem = remainder

    div = Division renum = renumbered

    exp = expires/expired rep = repealed

    f = forms s = section

    Gaz = Gazette sch = Schedule

    hdg = heading sdiv = Subdivision

    ins = inserted SL = Subordinate Legislation

    lt = long title sub = substituted

    nc = not commenced

    • 2

      GENERAL AMENDMENTS

    General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2.

    • 3

      LIST OF LEGISLATION

Heritage Regulations (SL No. 13, 2012)

Notified

28 March 2012

Commenced

1 October 2012 (r 2, s 2 Heritage Act 2011 (No. 34 of 2011) and Gaz S43, 31 July 2012)

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