Heritage Regulations 2017 (Vic)

Version No. 004

Heritage Regulations 2017

S.R. No. 108/2017

Version incorporating amendments as at

1 April 2025

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Definitions

5Form of application to nominate place or object for inclusion in the Heritage Register

5AForm of nomination of object integral to place

5BForm of nomination of additional land as part of a place

6Fee for lodging review of Executive Director's refusal of nomination for the Heritage Register

6APersons or bodies that may apply for an exclusion determination

6BPersons who may prepare an application for an exclusion determination

6CForm of application for an exclusion determination

6DFee to apply for an exclusion determination

6EFee to request review of decision to make or refuse to make exclusion determination

6FFee for applicant to request review of decision to refuse to make an exclusion determination

7Form of submission to the Heritage Council

8Form of application for heritage certificate

9Fee for application for heritage certificate

10Form of notice of intention to sell registered place or registered object

11Form of notice for alterations for the purposes of religious services or rites

12Form of permit application

13Fees for application for permit to carry out works or activities in relation to registered place or registered object

14Fee for application for permit to demolish or destroy registered place or registered object

15Fees to amend permit application to carry out works or activities in relation to registered place or registered object

16Fees to amend permit application to demolish or destroy registered place or registered object

17Form for amendment of permit to carry out works or activities in relation to registered place or registered object or to demolish or destroy registered place or registered object

18Fee for amendment of permit to carry out works or activities in relation to registered place or registered object

19Fee for amendment of permit to demolish or destroy registered place or registered object

19AForm for request to make minor amendment to permit

20Fee for review of Executive Director's determination in relation to permits

21Fee for review of Executive Director's determination in relation to refusal of a permit to demolish or destroy registered place or registered object

21AForm of application for exemption from requirement to obtain consent

22Form of application for consent

23Fees for application for consent to undertake works or activities in relation to archaeological sites or archaeological artefacts

23AForm of application to request amendment of consent

23BFee to apply for an amendment of consent

24Fee for review of Executive Director's determination in relation to consent

25Exemption from fees

26Waiver of fees for certain works or activities in relation to registered place, registered object, archaeological site or archaeological artefact

27Form of site card

27AForm of survey report

28Form of interim protection order

29Form of notice of existence of an interim protection order

30Form of identity card for inspectors

31Infringement offences and infringement penalties

Schedule 1—Form of nomination of a place or object for inclusion in the Heritage Register

Schedule 1A—Form of nomination of object integral or additional land to a registered or nominated place

Schedule 1B—Form of application for an exclusion determination that a place or object not be included in the Heritage Register

Schedule 2—Form for submission to the Heritage Council

Schedule 3—Form of application for heritage certificate

Schedule 4—Form of notice of intention to sell registered place or registered object

Schedule 5—Form of notice for alterations for the purposes of religious services or rites

Schedule 6—Form of permit application

Schedule 7—Form of request to amend permit

Schedule 7A—Form of request to make minor amendment to permit

Schedule 7B—Form of application for exemption from consent

Schedule 8—Form of application for consent

Schedule 8A—Form of application for amendment of consent

Schedule 9—Form of site card

Schedule 9A—Form of survey report

Schedule 10—Form of interim protection order

Schedule 11—Form of notice of existence of an interim protection order

Schedule 12—Form of identity card for inspectors

Schedule 13—Infringement offences and infringement penalties

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 004

Heritage Regulations 2017

S.R. No. 108/2017

Version incorporating amendments as at

1 April 2025

1Objectives

The objectives of these Regulations are—

(a)to prescribe forms and documents for the purposes of the Heritage Act 2017; and

(b)to prescribe fees payable in relation to certain permits, reviews, consents, exclusions and certificates under the Act; and

(c)to exempt particular classes of people from certain fees; and

(d)to authorise the Heritage Council to waive certain fees prescribed in these Regulations; and

(e)to prescribe infringement offences and infringement penalties; and

(f)to prescribe other matters for the purposes of the Act.

2Authorising provisions

These Regulations are made under sections 255 and 256 of the Heritage Act 2017.

3Commencement

These Regulations come into operation on 1 November 2017.

4Definitions

In these Regulations—

community group means a not-for-profit society, association or club (other than a charity)—

(a)established for the purpose of educating the community about, or to protect, a place or object; and

(b)whose officers receive no remuneration or gratuity for their services to the society, association or club;

the Actmeans the Heritage Act 2017;

traditional owner has the same meaning as it has in section 7 of the Aboriginal Heritage Act 2006.

5Form of application to nominate place or object for inclusion in the Heritage Register

For the purposes of section 27(2) of the Act, the prescribed form is the form set out in Schedule 1.

5A   Form of nomination of object integral to place

For the purposes of section 27A(3) of the Act, the prescribed form is the form set out in Schedule 1A.

5BForm of nomination of additional land as part of a place

For the purposes of section 27B(3) of the Act, the prescribed form is the form set out in Schedule 1A.

6Fee for lodging review of Executive Director's refusal of nomination for the Heritage Register

Subject to regulation 26, for the purpose of section 30(2)(b) of the Act, the prescribed fee is 25 fee units.

6APersons or bodies that may apply for an exclusion determination

(1)For the purposes of section 36A(1) of the Act, in the case of an exclusion determination required for the sole purpose of facilitating a major development, the following persons or bodies are prescribed—

(a)the government asset manager that is responsible for the major development;

(b)the Department Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development;

(c)the public authority that is responsible for the major development;

(d)the Administrative Office Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development.

(2)In this regulation—

major development includes the carrying out of one or more, or an interrelated series of one or more, activities including the following activities, the cost of which is more than $5 million—

(a)the construction, alteration or extension of a building or transport infrastructure;

(b)the construction or the carrying out of works;

(c)the demolition or removal of a building, transport infrastructure or works;

(d)the subdivision or consolidation of land, airspace or buildings;

(e)the installation or provision, or operation of, facilities or services;

(f)the relocation, deepening or widening of a waterway;

transport infrastructure has the same meaning as in the Major Transport Projects Facilitation Act 2009.

6BPersons who may prepare an application for an exclusion determination

For the purposes of section 36A(2)(b) of the Act, the following persons are prescribed—

(a)a person who is suitably qualified and experienced in identifying and assessing the cultural heritage significance of places, objects or land;

(b)a person or a member of a class of persons approved by the Executive Director for the purposes of this regulation.

6CForm of application for an exclusion determination

For the purposes of section 36A(2)(a) of the Act, the prescribed form is the form set out in Schedule 1B.

6DFee to apply for an exclusion determination

For the purposes of section 36A(2)(e) of the Act, the prescribed fee is 480 fee units.

6EFee to request review of decision to make or refuse to make exclusion determination

Subject to regulation 26, for the purposes of section 36E(2)(b) of the Act, the prescribed fee is 25 fee units.

6FFee for applicant to request review of decision to refuse to make an exclusion determination

For the purposes of section 36E(4)(b) of the Act, the prescribed fee is 960 fee units.

7Form of submission to the Heritage Council

For the purposes of section 44(2) of the Act, the prescribed form is the form set out in Schedule 2.

8Form of application for heritage certificate

For the purposes of section 58(2)(a) of the Act, the prescribed form is the form set out in Schedule 3.

9Fee for application for heritage certificate

Subject to regulations 25 and 26, for the purposes of section 58(2)(c) of the Act, the prescribed fee is 3·75 fee units.

10Form of notice of intention to sell registered place or registered object

For the purposes of section 59 of the Act, the prescribed form is the form set out in Schedule 4.

11Form of notice for alterations for the purposes of religious services or rites

For the purposes of section 90(4)(a) of the Act, the prescribed form is the form set out in Schedule 5.

12Form of permit application

For the purposes of section 93(2)(a) of the Act, the prescribed form is the form set out in Schedule 6.

13Fees for application for permit to carry out works or activities in relation to registered place or registered object

(1)Subject to subregulation (2) and regulations 14, 25 and 26, for the purposes of section 93(2)(b) of the Act, the prescribed fees are as follows—

(a)for a permit application for the subdivision, consolidation or realignment of a boundary of a registered place or the subdivision of a building on that registered place—100 fee units;

(b)for a permit application for works or activities to a registered place or registered object, if the estimated cost of the works or activities is—

(i)less than $10 000—20 fee units; or

(ii)$10 000 or more but less than $20 000—75 fee units; or

(iii)$20 000 or more but less than $100 000—200 fee units; or

(iv)$100 000 or more but less than $250 000—300 fee units; or

(v)$250 000 or more but less than $500 000—367·4 fee units; or

(vi)$500 000 or more but less than $1 million—442·4 fee units; or

(vii)$1 million or more but less than $5 million—760·3 fee units; or

(viii)$5 million or more but less than $10 million—885·8 fee units; or

(ix)$10 million or more but less than $30 million—1017 fee units; or

(x)$30 million or more but less than $50 million—1149·1 fee units; or

(xi)$50 million or more but less than $100 million—1712 fee units; or

(xii)$100 million or more but less than $200 million—2149 fee units; or

(xiii)$200 million or more—2431 fee units.

(2)The prescribed fee for an application for a permit to carry out more than one class of works or activities set out in subregulation (1) is the sum of—

(a)the highest of the fees which would have applied if a separate application had been made; and

(b)50 per cent of each of any other fee that would have applied if a separate application had been made.

14Fee for application for permit to demolish or destroy registered place or registered object

Subject to regulations 25 and 26 and sections 49(3) and 92 of the Act, for the purposes of section 93(2)(b) of the Act, the prescribed fees are as follows—

(a)for an application to demolish or destroy the whole of a registered place—885·8 fee units or, if the estimated cost of the works or activities is $10 million or more, the fee set out in regulation 13(1)(b)(ix) to (xiii) that corresponds with that estimated cost;

(b)for an application to demolish or destroy the whole of a registered object—885·8 fee units or, if the estimated cost of the works or activities is $10 million or more, the fee set out in regulation 13(1)(b)(ix) to (xiii) that corresponds with that estimated cost.

15Fees to amend permit application to carry out works or activities in relation to registered place or registered object

Subject to regulations 25 and 26, for the purpose of section 96(3)(b) of the Act, in respect of a permit application to carry out works or activities in relation to a registered place or registered object—

(a)for a permit application that has not been on public display in accordance with section 94 of the Act, the prescribed fee is 45 per cent of the corresponding permit application fee set out in regulation 13; or

(b)for a permit application that has been on public display in accordance with section 94 of the Act, the prescribed fee is 75 per cent of the corresponding permit application fee set out in regulation 13.

16Fees to amend permit application to demolish or destroy registered place or registered object

Subject to regulations 25 and 26, for the purpose of section 96(3)(b) of the Act, in respect of a permit application to demolish or destroy the whole of a registered place or registered object—

(a)for a permit application that has not been on public display in accordance with section 94 of the Act, the prescribed fee is 20 per cent of the corresponding permit application fee set out in regulation 14; or

(b)for a permit application that has been on public display in accordance with section 94 of the Act, the prescribed fee is 30 per cent of the corresponding permit application fee set out in regulation 14.

17Form for amendment of permit to carry out works or activities in relation to registered place or registered object or to demolish or destroy registered place or registered object

For the purposes of section 105(2)(a) of the Act, the prescribed form is the form set out in Schedule 7.

18Fee for amendment of permit to carry out works or activities in relation to registered place or registered object

Subject to regulations 25 and 26, for the purpose of section 105(2)(b) of the Act, in respect of an amendment to a permit to carry out works or activities in relation to a registered place or registered object, the prescribed fee is 75 per cent of the corresponding permit application fee set out in regulation 13.

19Fee for amendment of permit to demolish or destroy registered place or registered object

Subject to regulations 25 and 26, for the purpose of section 105(2)(b) of the Act, in respect of an amendment to a permit to demolish or destroy the whole of a registered place or registered object, the prescribed fee is 30 per cent of the corresponding permit application fee set out in regulation 14.

19AForm for request to make minor amendment to permit

For the purposes of section 105B(2) of the Act, the prescribed form is the form set out in Schedule 7A.

20Fee for review of Executive Director's determination in relation to permits

Subject to regulations 25 and 26, for the purpose of section 106(3) of the Act, the prescribed fee is 200 per cent of the corresponding permit application fee set out in regulation 13.

21Fee for review of Executive Director's determination in relation to refusal of a permit to demolish or destroy registered place or registered object

Subject to regulations 25 and 26, for the purpose of section 106(3) of the Act, in respect of a review of a determination by the Executive Director in relation to a refusal of a permit to demolish or destroy the whole of a registered place or registered object, the prescribed fee is 40 per cent of the corresponding permit application fee set out in regulation 14.

21AForm of application for exemption from requirement to obtain consent 

For the purposes of section 123A(3) of the Act, the prescribed form is the form set out in Schedule 7B.

22Form of application for consent

For the purposes of section 124(2)(a) of the Act, the prescribed form is the form set out in Schedule 8.

23Fees for application for consent to undertake works or activities in relation to archaeological sites or archaeological artefacts

Subject to regulations 25 and 26, for the purposes of section 124(2)(b) of the Act, the prescribed fees are as follows—

(a)for an application for consent to uncover and expose—

(i)an archaeological site or part of an archaeological site recorded in the Heritage Inventory; or

(ii)an archaeological site or part of an archaeological site which is not recorded in the Heritage Inventory—

in order to assess the condition and potential of the archaeology for the purposes of—

(iii)constructing one domestic residential dwelling on a lot or allotment; or

(iv)constructing an extension to one domestic residential dwelling on a lot or allotment—20 fee units;

(b)for an application for consent to excavate—

(i)an archaeological site or part of an archaeological site recorded in the Heritage Inventory; or

(ii)an archaeological site or part of an archaeological site which is not recorded in the Heritage Inventory—

for the purposes of—

(iii)constructing one domestic residential dwelling on a lot or allotment; or

(iv)constructing an extension to one domestic residential dwelling on a lot or allotment—30 fee units;

(c)for an application for consent to uncover and expose—

(i)an archaeological site or part of an archaeological site recorded in the Heritage Inventory; or

(ii)an archaeological site or part of an archaeological site which is not recorded in the Heritage Inventory—

in order to assess the condition and potential of the archaeology for all other purposes—50 fee units;

(d)for an application for consent to excavate—

(i)an archaeological site or part of an archaeological site recorded in the Heritage Inventory; or

(ii)an archaeological site or part of an archaeological site which is not recorded in the Heritage Inventory—

for all other purposes—72·4 fee units;

(e)for an application for consent to damage and disturb an archaeological site or part of an archaeological site for—

(i)the construction of one domestic residential dwelling on a lot or allotment; or

(ii)the construction of an extension to one domestic residential dwelling on a lot or allotment—50 fee units;

(f)for an application for consent to damage and disturb an archaeological site for all other purposes, where damage is less than 50 per cent—200 fee units;

(g)for an application for consent to damage and disturb an archaeological site for all other purposes, where damage is 50 per cent or more—400 fee units;

(h)for an application for consent to possess, or dispose of archaeological artefacts, to undertake geotechnical or soil testing, trenching or boring in order to install, maintain or upgrade service utilities, a test archaeological excavation as part of a cultural heritage management plan or for all other purposes for which a consent is required in relation to an archaeological artefact, archaeological site or a site recorded in the Heritage Inventory—72·4 fee units.

23AForm of application to request amendment of consent

For the purposes of section 124A(2)(a) of the Act, the prescribed form is the form set out in Schedule 8A.

23BFee to apply for an amendment of consent

Subject to regulations 25 and 26, for the purposes of section 124A(2)(b) of the Act, the prescribed fee to accompany an application to amend a consent issued under section 124 of the Act is 30 per cent of the fee set out in regulation 23 required to accompany an application for that consent.

24Fee for review of Executive Director's determination in relation to consent

Subject to regulations 25 and 26, for the purpose of section 126(2)(c) of the Act, the prescribed fee is 45 per cent of the corresponding consent application fee in regulation 23.

25Exemption from fees

A person who is an eligible beneficiary within the meaning of the State Concessions Act 2004 is exempt from paying a fee in respect of the following—

(a)an application under section 93(1), 96(1), 105(1) or 106(1) of the Act that relates to—

(i)a registered place of which the applicant is the owner and which is the applicant's principal place of residence; or

(ii)a registered object of which the applicant is the owner;

(b)an application or request under sections 124(1), 124A(1) and 126(1) of the Act that relates to an archaeological site or archaeological artefact situated in or under land that the applicant owns and which is the applicant's principal place of residence.

26Waiver of fees for certain works or activities in relation to registered place, registered object, archaeological site or archaeological artefact

The Heritage Council may waive the fees prescribed by regulations 6, 6E, 9, 13, 14, 15, 16, 18, 19, 20, 21, 23, 23B and 24 if the Heritage Council is satisfied that the works, activities or review to which the application relates—

(a)is for the purposes of the conservation or research of a registered place, a registered object, an archaeological site or an archaeological artefact; or

(b)is to educate the public as to the cultural heritage significance of a registered place, a registered object, an archaeological site or an archaeological artefact; or

(c)is for the safety of the public; or

(d)is the same, or primarily the same, as those for which a permit or consent has previously been issued to the applicant in relation to a registered place, a registered object, an archaeological site or an archaeological artefact; or

(e)is in respect of an application from a community group; or

(f)is for a review of a determination by the Executive Director from a community group that has an interest in the application.

*                *                *                *                *

27Form of site card

For the purposes of the definition of site card in section 3(1) of the Act, the prescribed form is the form set out in Schedule 9.

27AForm of survey report

For the purposes of section 127(7)(a) of the Act, the prescribed form of a survey report is the form set out in Schedule 9A.

28Form of interim protection order

For the purposes of section 143(2) of the Act, the prescribed form is the form set out in Schedule 10.

29Form of notice of existence of an interim protection order

For the purposes of section 147(3) of the Act, the prescribed form is the form set out in Schedule 11.

30Form of identity card for inspectors

For the purposes of section 195(2) of the Act, the prescribed form is the form set out in Schedule 12.

31Infringement offences and infringement penalties

For the purposes of Division 4 of Part 10 of the Act—

(a)an offence against a section of the Act set out in Column 2 of Schedule 13 is prescribed as an infringement offence; and

(b)the prescribed infringement penalty for an infringement offence referred to in paragraph (a) is the penalty set out in Column 3 of Schedule 13 in respect of the infringement offence.

*                *                *                *                *

SCHEDULE 1—FORM OF NOMINATION OF A PLACE OR OBJECT FOR INCLUSION IN THE HERITAGE REGISTER

Section 27(2) of the Heritage Act 2017

Regulation 5

1.Nominator details

First name:

Last name:

Email:

Contact number:

Postal address:

*If acting on behalf of a body corporate or organisation or natural person:

*Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

Details of owner or government asset manager of nominated place or object (if known)

If the nominator is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the place or object:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Is common property included in the place? *Yes/*No

If yes, owners corporation details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

2.Nomination details

Nomination Type

*Place

*If place, do you also intend to nominate one or more objects integral to the place? *Yes/*No

*Object

Place or object details

Name of *place/*object:

Address or GPS coordinates of *place/*object:

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the place or object?

Extent of nomination

For a place: briefly describe the place.

For an object: briefly describe the object or objects. Please include an inventory in the supporting documents if nominating a collection of objects.

Is the place located entirely on Crown land? *Yes/*No

Local Heritage Overlay information

Does this place have a local Heritage Overlay (HO) within a planning scheme? *Yes/*No

If yes, what is the HO number?

3.Supporting documents

You must provide the following (if applicable) when submitting your nomination—

·a copy of the certificate/s of title issued within 30 days before the nomination for the place is lodged (not necessary for places on Crown land or if nominating objects only);

·a simple and accurate extent diagram clearly showing the extent (boundaries) of the nominated place or object;

Note:This may take the form of spatial files or a copy of an existing map or plan with a clear hand drawn line around the extent showing the land, buildings and other key features you are nominating.

·copies of any heritage studies or guiding documents for the conservation and management of the nominated place or object if they exist;

·if you are nominating a collection of objects, please provide an inventory of those objects;

·recent photographs of the place or object (you may also include historical photographs).

4.Heritage significance

Heritage Council criteria

Which Heritage Council criteria does this place or object meet?

Note:For a place or object to be included in the Heritage Register it must be of State-level cultural heritage significance based on at least one of the Heritage Council assessment criteria. You must choose one or more of the relevant criteria and provide reasons why the place or object should be included in the Heritage Register based on the criteria chosen. The Executive Director may refuse a nomination if they are not satisfied that the place or object has a reasonable prospect of inclusion in the Heritage Register.

For further information on the Heritage Council criteria and thresholds please refer to the current website of the Heritage Council.

Reasons for State-level cultural heritage significance

Provide reasons why the place or object is of State-level cultural heritage significance based on the criteria selected:

Statement of cultural heritage significance

Please describe the place or object according to the following, naming the most significant elements:

What is significant?

How is it significant?

Why is it significant?

5.Other information

History of the place or object

Please provide a comprehensive history of the place or object which explores its historical associations and details its development over time.

Comparative analysis

Provide comparisons (relevant to State-level cultural heritage significance) to similar places or objects included in the Heritage Register or describe how the place or object differs from similar places or objects which are the subject of determinations to not include those places or objects in the Heritage Register.

Aboriginal cultural heritage values (if known)

Who are the traditional owners of this place or object?

Does this place or object have Aboriginal cultural heritage values in addition to non-Aboriginal cultural heritage values (shared values)? *Yes/*No

If yes, please provide details below.

Note:If the place or object is of cultural heritage significance only on the grounds of its association with Aboriginal tradition, Aboriginal traditional use, or Aboriginal archaeology, it may be more appropriate for registration in the Victorian Aboriginal Heritage Register. Please refer to the current website of the Victorian Aboriginal Heritage Register.

Key sources

Please name key sources that may provide historical information about this place or object. This could include books, publications, websites, the names of experts or any other resource.

6.Condition, intactness and integrity of the place or object

Condition

The condition of the place or object is generally: *Excellent/*Good/*Fair/*Poor

Is there any damage to the fabric (the materials from which the place or object is made)? *Yes/*No

If yes, please specify which materials and the extent of damage:

Intactness and integrity

How much of the original form or appearance of the place or object remains?

What alterations are present and why was the place or object altered?

Is it still possible to interpret the heritage values of the place or object if it has changed or been altered?

7.Threat

Is the place or object under immediate or imminent threat? *Yes/*No/*Don't know

If yes, please describe the threat:

Has a demolition permit been issued under the Building Act 1993? *Yes/*No/*Don't know

Has a planning permit been issued by the responsible authority for the redevelopment of the land? *Yes/*No/*Don't know

Is there evidence of plant and equipment being mobilised to demolish the place? *Yes/*No/*Don't know

Is there evidence of an imminent proposal to destroy, remove or disassemble the object (or group of objects) or elements of the place? *Yes/*No/*Don't know

Are there any known proposals to relocate buildings or the object(s) to another location? *Yes/*No/*Don't know

Is the deteriorating condition of the place or object(s) posing a threat to its intactness or integrity? *Yes/*No/*Don't know

Please provide any other additional details about the threat:

8.Statement

I state that the information I have given on this form is true and correct to the best of my knowledge.

Name of *nominator/*person acting on behalf of nominator:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 1A—FORM OF NOMINATION OF OBJECT INTEGRAL OR ADDITIONAL LAND TO A REGISTERED OR NOMINATED PLACE

Sections 27A(3) and 27B(3) of the Heritage Act 2017

Regulations 5A and 5B

1.Location of place

Location selection method

Address or GPS coordinates:

If the place is not yet registered, the nomination reference number (provided by Heritage Victoria when the initial nomination of the place was lodged):

(If you cannot find your reference number, please contact Heritage Victoria).

Place name:

2.Nominator details

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate or organisation or natural person:

Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

Details of owner or government asset manager of place or object (if known)

If the nominator is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the place:

*First name:

*Last name:

*Body corporate name:/*organisation name:/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Is common property included in this place? *Yes/*No

If yes, owners corporation details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Nomination details

What do you want to nominate?

*Additional land to a place/*objects integral to a place:

What are the reasons for lodging this nomination?

Is there a threat to the place?

*Yes/*No/*Don't know

If yes, what is the threat?

If nominating additional land to a place

·Is the additional land of significance? *Yes/*No

If yes, please explain why:

·Is the additional land needed as a buffer? *Yes/*No

If yes, please explain why:

Note:For example, 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 the additional land surrounds the place and is important to the protection or conservation of the place or contributes to the understanding of the place.

Describe the additional land you want to include 

Describe the additional land.

(You may reference title details of the land, or attach an extent diagram showing the boundaries of the land or physical landmarks.)

If adding objects integral to a registered or nominated place

Please provide information on the object or collection of objects and explain why the objects are integral to the cultural heritage significance of the place.

If nominating additional land

Is the additional land located entirely on Crown land? *Yes/*No

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the additional land?

Who are the traditional owners of the nominated additional land or object/s (if known)?

4.Supporting documents

You must provide the following (if applicable) when submitting your nomination—

·a copy of the certificate/s of title for the additional land, issued within 30 days before the nomination (unless located entirely on Crown land, or if only nominating objects integral);

·a simple and accurate extent diagram clearly showing the extent (boundaries) of any additional land nominated;

Note:This may take the form of spatial files or a copy of an existing map or plan with a clear hand drawn line around the extent showing the land, buildings and other key features you are nominating.

·copies of any heritage studies or guiding documents for the conservation and management of the additional land or object integral if they exist;

·if you are nominating a collection of objects, please provide an inventory of those objects;

·recent photographs of the nominated *additional land/*object integral (you may also include historical photographs).

5.Nominator statement

I state that the information that I have given on this form is true and correct to the best of my knowledge:

Name of *nominator/*person acting on behalf of nominator:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 1B—FORM OF APPLICATION FOR AN EXCLUSION DETERMINATION THAT A PLACE OR OBJECT NOT BE INCLUDED IN THE HERITAGE REGISTER

Section 36A(2)(a) of the Heritage Act 2017

Regulation 6C

1.Applicant's details

If applicant is a Department Head or Administrative Office Head:

First name:

Last name:

Title:

Email:

Contact number:

Postal address:

If applicant is a government asset manager or public authority:

Name of *Minister/*entity/*public authority:

*ABN/*ACN/*ARBN:

*Position title:

If a person is applying on behalf of the applicant:

Name:

*Position title:

Email:

Contact number:

Postal address:

2.Details of person who prepared application (if not the applicant)

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate or organisation:

Name of body corporate or organisation:

*ABN/*ACN/*ARBN:

*Position title:

Details of owner or government asset manager of place or object

If the applicant is not the owner or government asset manager of the place or object (or acting on behalf of the owner or the government asset manager), details of the owner or government asset manager:

First name:

Last name:

*Body corporate name/*organisation name/*government asset manager:

*ABN/*ACN/*ARBN:

Name:

*Position title:

Email:

Contact number:

Postal address:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Is common property included in the place? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Pre-application details

Has the applicant had a pre-application discussion with Heritage Victoria in relation to this application?

*Yes/*No

If yes, please insert the pre-application reference number:

4.Major development

Provide a brief description of the major development to which the application relates:

Estimated cost of the major development

$

Note:The cost of the major development must be at least $5 million.

Impact of major development on place or object

Explain the potential impact of the major development on the place or object.

5.Details of the place or object

Type

*Place/*object:

Location

Name of the *place/*object:

Address of place or object:

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the place or land on which the object is located:

Heritage Inventory number (if any):

National Trust reference number (if known):

Has the place or object previously been identified in a heritage study? *Yes/*No

Local Heritage Overlay information if place

Does this place have a local Heritage Overlay (HO) within a planning scheme? *Yes/*No

If yes, please provide the HO number:

Extent of place or object

*Briefly describe the object/s and their nature.

Note:If your application relates to an object or collection of objects, you must provide an inventory that includes the details below for each object including each object within a collection.

*Briefly describe the extent of the place and what it includes and if you are including part of a land parcel, please describe that part. You may refer to title details, an extent diagram or physical landmarks, etc.

Is the proposed major development to be carried out entirely on Crown land?

*Yes/*No

6.Heritage Council assessment criteria

Assessment of State-level cultural heritage significance

Include reasons why the place or object should not be included in the Heritage Register. These must be reasons based on the assessment against all criteria published by the Heritage Council. This means you must provide reasons why the place or object does not meet the threshold of State‑level cultural heritage significance in relation to each of the criteria.

For further information on the Heritage Council assessment criteria and thresholds please refer to website of the Heritage Council.

7.Other information

Note:Information in this section should provide evidence as to why this place or object has no reasonable prospect of inclusion in the Heritage Register. Information should be based on robust research and analysis. Exclusion determinations can be overturned if significant new information is identified.

Physical description

Please describe the place or object, identifying any elements referred to in the assessment of State-level cultural significant significance.

History of the place or object

Please provide a comprehensive history of the place or object which explores its historical associations and details its development over time.

Comparative analysis

Provide comparisons to similar places or objects recorded in the Heritage Register relevant to State-level cultural heritage significance or to places and objects where a determination has been made not to include them in the Heritage Register.

Aboriginal cultural heritage values (if known)

Who are the traditional owners of the place or object (if known)?

Does this place or object have Aboriginal cultural heritage values? *Yes/*No

If yes, please provide details below.

Note:If the place or object is of cultural heritage significance only on the grounds of its association with Aboriginal tradition, Aboriginal traditional use, or Aboriginal archaeology, it may be appropriate for consideration for the Victorian Aboriginal Heritage Register. Please refer to the website of the Victorian Aboriginal Heritage Register.

Key sources

Please list the key sources relied on in your assessment. This could include books, publications, websites, the names of experts or any other resources.

8.Condition, intactness and integrity of the place or object

Condition

The condition of the place or object is generally: *Excellent/*Good/*Fair/*Poor

Is there any damage to the fabric (the materials from which the place or object is made)? *Yes/*No

If yes, please specify which materials and the extent of damage.

Intactness and integrity

How much of the original form or appearance of the place or object remains?

What alterations are present and why was the place or object altered?

Have the changes or alterations affected the heritage value of the place or object?

9.Supporting documents

You must provide the following (if applicable) when submitting your application—

·copy of the certificate/s of title issued within 30 days before this application is lodged (not necessary for places located entirely on Crown land or if nominating objects only);

·recent photographs of the place or object. You may include historical photographs as well;

·a simple and accurate extent diagram clearly showing the extent (boundaries) of the place or object subject to this exclusion determination application;

Note:This may take the form of spatial files or a copy of an existing map or plan with a clear hand drawn line around the extent showing the land, buildings and other key features.

·if your application relates to a collection of objects,
an inventory of the objects.

10. Applicant statement

I state that the application has been made to facilitate a major development costing at least $5 million.

I state that the information I have given on this form is true and correct to the best of my knowledge.

Name of *applicant/*person applying on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 2—FORM FOR SUBMISSION TO THE HERITAGE COUNCIL

Section 44(2) of the Heritage Act 2017

Regulation 7

1.Submitter details

First name:

Last name:

Email:

Contact number:

Postal address:

If you are lodging this form on behalf of a body corporate, organisation or natural person, please provide the following information as applicable:

*First name of natural person:

*Last name of natural person:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

*Position title:

2.Executive Director's recommendation

Place or object name or description of land:

Location (address or GPS coordinates):

Date of recommendation:

Recommendation was to: *Include/*Not include/*Amend/*Not amend

3.Purpose of submission

*Recommendation to *include/*not include

Note:This submission is in relation to the recommendation of the Executive Director to include or not include a place or object in the Heritage Register and must relate only to whether or not—

·a place or object is of State-level cultural heritage significance; or

·whether objects recommended as objects integral to a place are integral to understanding the cultural heritage significance of the place; or

·whether additional land is integral to understanding the cultural heritage significance of the place; or

·in relation to the recommended extent of registration; or

·in relation to the permit policy or permit exemptions.

This submission:

*Supports the Executive Director's recommendation.

*Does not support the Executive Director's recommendation.

*Supports the "Extent of Registration" recommended by the Executive Director.

*Supports the categories of works or activities that can be carried out without a permit (permit exemptions) recommended by the Executive Director.

*Does not support the "Extent of Registration" recommended by the Executive Director.

*Does not support to the categories of works or activities that can be carried out without a permit (permit exemptions) recommended by the Executive Director.

*Other (please state other reason for submission):

Reasons for submission:

Please attach documents in support of your submission.

*Recommendation to *amend/*not amend a place or object in the Heritage Register

Note:This submission is in relation to a recommendation of the Executive Director to amend or remove a place or object included in the Heritage Register.

This submission:

*Supports the Executive Director's recommendation.

*Does not support the Executive Director's recommendation.

*Other (please state other reason for submission):

Reasons for submission:

Please attach documents in support of your submission.

4.Hearings

I wish to request a Heritage Council hearing in relation to a recommendation of the Executive Director under section 37, 38 or 39 of the Heritage Act 2017: *Yes/*No

If a hearing is requested by another party do you wish to be heard? *Yes/*No

Note:If a hearing is to be conducted you may be requested to lodge a detailed submission to support your position.

I wish to make a written submission but if a hearing is conducted in relation to this matter, I do not wish to participate in the hearing. *Yes/*No

Note:If a hearing is not requested the Heritage Council may determine the matter on written submissions.

5.Submitter statement

I state that the information that I have given on this form is true and correct to the best of my knowledge:

Name of *submitter/*person acting on behalf of submitter:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 3—FORM OF APPLICATION FOR HERITAGE CERTIFICATE

Section 58(2)(a) of the Heritage Act 2017

Regulation 8

1.Applicant details

*First name:

*Last name:

*Body corporate name:

*Organisation name:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

2.Place or object location details

Note: only one of the following subitems needs to be completed:

2.1Street address

Unit/flat number:

Street number:

Street name:

Street type:

Suburb/town or locality:

Postcode:

2.2Volume/folio number

Volume number:

Folio number:

2.3Lot on plan

Lot(s):

Plan type:

Plan number:

Section:

Block:

2.4Council property number

Council property number:

Municipality:

2.5Standard parcel identifier (SPI):

2.6Crown allotment

Allotment:

Block:

Section:

Portion:

Subdivision:

Parish or township:

SCHEDULE 4—FORM OF NOTICE OF INTENTION TO SELL REGISTERED PLACE OR REGISTERED OBJECT

Section 59 of the Heritage Act 2017

Regulation 10

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Owner details

*First name:

*Last name:

*Body corporate or organisation name:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

If acting on behalf of the owner:

*First name:

*Last name:

Is common property included in the place? *Yes/*No

If yes, owners corporation details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Sale details

I have entered into a contract of sale for *the whole of/*part of the *place/*object.

Date contract of sale entered into:

4.Purchaser details

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

5.Statement

I state that the information I have given on this form is true and correct to the best of my knowledge.

Name of *owner/*person acting on behalf of owner:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 5—FORM OF NOTICE FOR ALTERATIONS FOR THE PURPOSES OF RELIGIOUS SERVICES OR RITES

Section 90(4)(a) of the Heritage Act 2017

Regulation 11

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Owner details

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

If acting on behalf of the owner:

First name:

Last name:

Email:

Contact number:

Postal address:

3.Proposed works or activities

Note:Exemptions from permits to carry out works or activities may apply if:

·a registered place is a place of worship or in the precincts of a place of worship; or

·a registered object is in a place of worship or in the precincts of a place of worship.

Description of works or activities

Provide a brief description of the relevant works or activities. State how the proposed works or activities are for the purposes of religious services or rites.

Note:If you do not demonstrate this here, you may be asked for additional information. If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, your exemption will be withdrawn. If your exemption is withdrawn, you will need to apply for a permit.

Estimated cost of the works or activities:

$

Date that works or activities are to commence:

Note:Please submit notice at least 20 business days before works or activities are to commence.

4.Supporting documents

Plans showing the extent and nature of the proposed works or activities must be submitted with this notice (if applicable).

5.Declaration by officer of place of worship

Note:A declaration by an officer of the place of worship that the proposed works or activities are required for the purposes of religious services or rites must be included with this notice.

6.Statement

I state that the information I have given on this form is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this notice. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the notice. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *owner/*person acting on behalf of owner:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 6—FORM OF PERMIT APPLICATION

Section 93(2)(a) of the Heritage Act 2017

Regulation 12

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Pre-application details

Has the applicant had a pre-application discussion with Heritage Victoria in relation to this application? *Yes/*No

If yes, please provide the identifier provided for the pre‑application discussion (P number):

3.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

*If acting on behalf of a body corporate or organisation or natural person:

*Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

Details of owner or government asset manager of registered place or registered object

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the registered place or registered object:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

4.Proposed works or activities

Type of permit

*To subdivide, consolidate or realign a boundary of a registered place.

*To carry out works or activities to a registered place or registered object.

*To demolish or destroy the whole of a registered place or registered object.

Description of works or activities

Provide a description of the proposed works or activities:

If the works or activities relate to part of the registered place or registered object only, indicate the part to which the proposed works or activities relate:

Reason and purpose for works or activities

State the reason and purpose for which the proposed works or activities are required:

Impact on heritage values

State the impact of the proposed works or activities on the heritage values of the registered place or registered object:

Are the proposed works or activities to be carried out entirely on Crown land?

*Yes/*No

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the registered place or registered object?

Who are the traditional owners of the registered place or registered object (if known)?

Estimated cost of the works or activities:

$

5.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

6.Supporting documents

You must provide the following (if applicable) when submitting your application—

·a Heritage Impact Statement (a statement describing the impact of the proposed works or activities on the heritage values of the place or object);

·if not entirely on Crown land, a copy of the certificate/s of title of the land on which the registered place or registered object is located, issued within 30 days before this application is lodged;

·evidence of the cost of works or activities;

·owners corporation consent (for works or activities proposed for common property);

·consent of the owner or government asset manager to the issue of the permit (if the owner or government asset manager is not the applicant);

·an approved CHMP (if required under the Aboriginal Heritage Act 2006).

7.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this application. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the application. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 7—FORM OF REQUEST TO AMEND PERMIT

Section 105(2)(a) of the Heritage Act 2017

Regulation 17

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

*If acting on behalf of a body corporate or organisation or natural person:

*Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

Details of owner or government asset manager of registered place or registered object

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the registered place or registered object:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Proposed amended works or activities

Permit number for which amendment is sought:

Type of permit to be amended:

*To subdivide, consolidate or realign a boundary of a registered place.

*To carry out works or activities to a registered place or registered object.

*To demolish or destroy the whole of a registered place or registered object.

Description of proposed amendment to permit

Provide details describing how the amendment varies the issued permit. Please identify the part of the registered place or registered object to which the proposed amendment relates.

Reason and purpose for proposed amendment to permit

Please state the reason and purpose for which the amendment to the permit is required:

Are the proposed works or activities to be carried out under the permit entirely on Crown land?

*Yes/*No

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the registered place or registered object?

Who are the traditional owners of the registered place or registered object (if known)?

4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, an amendment to the permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

5.Supporting documents

You must provide the following (if applicable) when submitting your application—

·a Heritage Impact Statement (a statement describing the impact of the proposed works or activities on the heritage values of the place or object);

·if not entirely on Crown land, a copy of the certificate/s of title of the land on which the registered place or registered object is located, issued within 30 days before this application is lodged;

·evidence of the cost of works or activities;

·owners corporation consent to amendment of the permit (for works or activities proposed for common property);

·consent of the owner or government asset manager to amendment of the permit (if the owner or government asset manager is not the applicant);

·an approved CHMP (if required under the Aboriginal Heritage Act 2006).

6.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this application. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the application. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 7A—FORM OF REQUEST TO MAKE MINOR AMENDMENT TO PERMIT

Section 105B(2) of the Heritage Act 2017

Regulation 19A

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate or organisation or natural person:

Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

Owner or government asset manager of registered place or registered object

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the registered place or registered object:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Proposed amended works or activities

Permit number for which minor amendment is sought:

Type of permit to be amended

*To subdivide, consolidate or realign a boundary of a registered place.

*To carry out works or activities to a registered place or registered object.

*To demolish or destroy the whole of a registered place or registered object.

Description of proposed minor amendment to permit

Please ensure you describe how the amendments vary the issued permit and if the minor amendment application is in relation to an extension of the validity period of the permit, please state the length of the extension:

Reason for proposed minor amendment

Please state the reason and purpose for which the minor amendment to the permit is required:

Are the proposed works or activities to be carried out under the permit entirely on Crown land?

*Yes/*No

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the registered place or registered object?

Who are the traditional owners of the registered place or registered object (if known)?

4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a minor amendment to the permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

5.Supporting documents

You must provide the following (if applicable) when submitting your application—

·a Heritage Impact Statement (a statement describing the impact of the proposed works or activities on the heritage values of the place or object);

·if not located entirely on Crown land, a copy of the certificate/s of title of the land on which the registered place or registered object is located, issued within 30 days before this application is lodged;

·evidence of cost of works or activities;

·owners corporation consent to amendment of the permit (for works or activities proposed for common property);

·consent of the owner or government asset manager to amendment of the permit (if the owner is not the same as the applicant);

·an approved cultural heritage management plan (if required under the Aboriginal Heritage Act 2006).

6.Applicant statement

I state that I am authorised to make this application in relation to the registered place or registered object and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this application. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the application. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 7B—FORM OF APPLICATION FOR EXEMPTION FROM CONSENT

Section 123A(3) of the Heritage Act 2017

Regulation 21A

1.Location of site or archaeological artefact

Address or GPS coordinates:

*Heritage Inventory number:

Name of site recorded in the Heritage Inventory:

2.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate or organisation or natural person:

Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

*Archaeologist

*First name:

*Last name:

*Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Owner or government asset manager

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the site or archaeological artefact:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Cultural heritage management plan

A Cultural Heritage Management
Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a determination that a consent for works or activities is not required under Part 6 of the Heritage Act 2017 cannot be made if the works or activities are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

4.Proposed works or activities in relation to site or archaeological artefact 

Description of works or activities

Please provide a detailed description of the proposed works or activities:

Reason and purpose for the works or activities

Please state the reason and purpose for which the proposed works or activities are required:

Impact on heritage

Please state the impact of the proposed works or activities and why the impact will not harm the archaeological features, deposits or archaeological artefacts within the site:

Note:A consent will be required if the Executive Director considers that any damage or disturbance to the site or archaeological artefact would be more than negligible.

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council?

Who are the traditional owners of the site or archaeological artefact (if known)?

Estimated cost of the works or activities:

$

5.Supporting documents

You must provide the following (if applicable) when submitting your application—

·outline of proposed works or activities relating to the site or archaeological artefact, identifying any area of potential impact for heritage;

·description and background history of the site or archaeological artefact;

·statement of significance for the site if recorded in the Heritage Inventory;

·research design;

·excavation methodology;

·archaeological artefact retention and discard policy;

·archaeological artefact management proposal;

·curriculum vitae of the project archaeologist and conservator;

·letter detailing engagement of project conservator (if any);

·unexpected finds protocol;

·spatial files;

·consent of the owners corporation (for works or activities proposed for common property);

·consent of owner or government asset manager of the site or archaeological artefact if the applicant is not the owner or government asset manager of the site or archaeological artefact.

6.Applicant statement

I state that I am authorised to make this application in relation to the site or archaeological artefact described in this application, and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact in relation to this application and that Heritage Victoria will agree on a time and date for any inspection with the relevant contact person.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 8—FORM OF APPLICATION FOR CONSENT

Section 124(2)(a) of the Heritage Act 2017

Regulation 22

1.Details of site or archaeological artefact

Identify location of the archaeological site or artefact:

Heritage Inventory number (if recorded in Inventory):

Name of archaeological site or artefact:

Address or GPS coordinates:

*Archaeological site reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017.

Note:Select this for an archaeological site discovered in the course of any construction or excavation on any land for which a decision on whether to include the site in the Heritage Inventory is pending.

Note:If the Executive Director considers the application is urgent, the Executive Director may consider the application but must not determine it until the Executive Director—

(a)records the archaeological site in the Heritage Inventory under section 118(1)(a) of the Heritage Act 2017; or

(b)determines that the site has low archaeological value. If the site is determined to have low archaeological value, a consent is not required.

Site card application reference:

Explain reasons for urgency (if decision to include site or archaeological artefact in the Heritage Inventory is pending):

Note:In urgent cases, Heritage Victoria may consider but will not determine a consent application if a decision has not yet been made on whether to record the site in the Heritage Inventory. In these cases, the site card must have been submitted following a discovery of an archaeological site during an investigation or survey of land, or during construction or excavation of land.

2.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

*If acting on behalf of a body corporate or organisation or natural person:

*Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

*Archaeologist

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

*Position title:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Details of owner or government asset manager of site or archaeological artefact

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the site or archaeological artefact:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Type of consent

*To uncover or expose a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes

*To excavate a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes

*To damage or disturb a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes:

o*if damage to the site is less than 50 per cent

o*if damage to the site is 50 per cent or more

*To possess, dispose of or trade archaeological artefacts, or for all other purposes for which a consent is required

Are the proposed works or activities to be carried out entirely on Crown land?

*Yes/*No

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the site or archaeological artefact?

Who are the traditional owners of the site or archaeological artefact (if known)?

4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a consent cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

5.Proposed works or activities

Description of works or activities

Please provide a detailed description of the proposed works or activities to be carried out in relation to the site or archaeological artefact including the location within the site to which the proposed works or activities relate.

6.Supporting documents

You must provide the following (if applicable) when submitting your application—

·outline of proposed works or activities relating to the site or archaeological artefact, identifying any area of potential for heritage impact;

·description and background history of the site or archaeological artefact;

·statement of significance for the site;

·research design;

·excavation methodology;

·artefact retention and discard policy;

·artefact management proposal;

·curriculum vitae of the project archaeologist and conservator;

·

letter detailing engagement of project conservator

(if any);

·unexpected finds protocol;

·spatial files;

·consent of the owners corporation (for works or activities proposed for common property);

·consent of the owner or government asset manager of the site or archaeological artefact if the applicant is not the owner or government asset manager of the site or archaeological artefact.

7.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact in relation to this application. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the application. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 8A—FORM OF APPLICATION FOR AMENDMENT OF CONSENT

Section 124A(2)(a) of the Heritage Act 2017

Regulation 23A

1.Location of site or archaeological artefact

Address or GPS coordinates:

Heritage Inventory number:

Name of site or archaeological artefact:

2.Applicant details

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate or organisation or natural person:

*Name of body corporate or organisation or natural person:

*ABN/*ACN/*ARBN:

*Position title:

*Archaeologist

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Owner or government asset manager

If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the listed Heritage Inventory site or archaeological artefact:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Do the works or activities involve common property? *Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Proposed amendment of works or activities subject to consent

Consent number:

Detailed description of amendments

Describe in detail the amendments to the proposed works or activities:

Provide the reasons for the amendments to proposed works or activities:

Are the proposed works or activities to be carried out entirely on Crown land? *Yes/*No

Identify the part of the site or archaeological artefact to which the amendments relate:

Who are the traditional owners of the site or archaeological artefact (if known)?

4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, an amended consent cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

5.Supporting documents

You must provide the following (if applicable) when submitting your application—

·outline of proposed works or activities relating to the site or archaeological artefact, identifying any area of potential for heritage impact;

·description and background history of the site or archaeological artefact;

·statement of significance for the site if recorded in the Heritage Inventory;

·research design;

·excavation methodology;

·artefact retention and discard policy;

·artefact management proposal;

·curriculum vitae of the project archaeologist and conservator;

·letter detailing engagement of project conservator (if any);

·unexpected finds protocol;

·spatial files;

·consent of the owners corporation (for works or activities proposed for common property);

·consent of owner or government asset manager of the site or archaeological artefact if the applicant is not the owner or government asset manager of the site or archaeological artefact.

6.Applicant statement

I state that I am authorised to make this application in relation to the site or archaeological artefact described in this application, and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact in relation to this application and that Heritage Victoria will agree on a time and date for any inspection with the relevant contact person.

Name of *applicant/*person acting on behalf of applicant:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 9—FORM OF SITE CARD

Definition of site card in section 3(1) of the Heritage Act 2017

Regulation 27

1.Archaeological site details

Site name:

Heritage Inventory number (if any):

Other or former names of the site (if any):

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the place or land on which the archaeological site is located?

Address or GPS coordinates of place:

Mapsheet name and number (1:100 000 only):

Cadastral location of place

County:

Parish:

Township:

Section:

Allotment:

Standard Parcel Identifier (SPI):

Is the site on common property?

*Yes/*No

If yes, owners corporation contact details:

Body corporate or organisation name:

*ABN/*ACN/*ARBN:

Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

2.Details of person providing site card

First name:

Last name:

Email:

Contact number:

Postal address:

*If acting on behalf of a body corporate or organisation:

*Name of body corporate or organisation:

*ABN/*ACN/*ARBN:

*Position title:

*Archaeologist

If the archaeologist is not the person providing the site card, details of the archaeologist:

*First name:

*Last name

*Name of body corporate or organisation:

*ABN/*ACN/*ARBN:

*Email:

*Contact number:

*Postal address:

Details of owner or government asset manager of place

If the person providing the site card is not the owner or the government asset manager of the place, details of the owner or government asset manager:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

*Email:

*Contact number:

*Postal address:

Occupant of archaeological site

If the occupant is not the owner or the government asset manager of the archaeological site, details of the occupant:

First name:

Last name:

Email:

Contact number:

Postal address:

3.Aboriginal cultural heritage

The archaeological site has known Aboriginal cultural heritage value: *Yes/*No

The archaeological site is recorded on the Victorian Aboriginal Heritage Register: *Yes/*No

Who are the traditional owners of the archaeological site (if known)?

4.Site assessment

Current description of the archaeological site:

Date recorded:

Is the archaeological site included in the Heritage Register: *Yes/*No (If yes, please advise Heritage Register number)

Is the archaeological site included in the Heritage Overlay? *Yes/*No (If yes, please advise HO number)

Are there any associated archaeological sites? *Yes/*No (If yes, please provide details:)

5.Place history

Please provide a brief history of the archaeological site (at least 1 to 2 paragraphs):

6.Analysis of site (interpretation)

Analysis must consider the former use/s of the archaeological site and how it is demonstrated in the historical archaeological features or artefacts and how its current use may have impacted the archaeological remains.

Statement of significance of the archaeological site:

·What is significant?

·How is it significant?

·Why is it significant?

7.Key sources

Please list the key sources relied on. This could include books, publications, websites, the names of experts or any other resources.

8.Threat

Is the archaeological site under immediate or imminent threat? *Yes/*No/*Don't know

If yes, please provide details:

9.Investigation or survey information

Is the site card being submitted following a discovery of an archaeological site during an investigation or survey of land that has been previously reported to Heritage Victoria under section 127 of the Heritage Act 2017?

*Yes/*No

10.Supporting documents

You must provide the following (if applicable) when submitting your application—

·a map showing the location of the archaeological site, clearly identifying the recorded area;

·a plan showing all archaeological features, and any built cultural heritage (the plan must be labelled and the scale noted—e.g. 1:100 000);

·current photographs of the site;

·historical documentation (historical photographs, historical plans and historical maps);

·any other documents or notes produced as a result of the survey;

·spatial files;

·owners details or certificate/s of title issued within 30 days before the site card is provided must be submitted with the site card (not required for property entirely located on Crown land).

11.Statement

I state that the information I have given on this site card is true and correct to the best of my knowledge.

Name of person who provided site card:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 9A—FORM OF SURVEY REPORT

Section 127(7)(a) of the Heritage Act 2017

Regulation 27A

1.Heritage Inventory numbers

The report must include Heritage Inventory numbers for archaeological sites discovered during an investigation or survey or any construction or excavation of land. Site cards must be submitted to Heritage Victoria prior to the completion of the survey report to allow site numbers to be included.

Heritage Inventory numbers of archaeological sites

*None identified/*Numbers:

2.Details of person providing survey report

First name:

Last name:

Email:

Contact number:

Postal address:

If acting on behalf of a body corporate, organisation or a natural person:

*Name of body corporate, organisation or natural person:

*ABN/*ACN/*ARBN:

Position title:

3.Survey report content

Project information

General information which outlines the following:

·date of investigation or survey;

·reason for investigation or survey;

·location of investigation or survey;

·key stakeholders.

Desktop assessment

Please provide background project information about the investigation or survey area, including the following:

·historical research, including plans and images;

·environmental history;

·reference to prior studies;

·summary of places with current heritage listings within the study area.

Maps

Please include maps and plans of the following:

·location of the investigation or survey area;

·location and extent of known or discovered archaeological sites in the investigation or survey area (locate all objects and features referred to in the site description);

·existing heritage listings within or in direct proximity to the investigation or survey area.

Investigation or survey methodology

Please set out the methodology used for the investigation or survey, including the following:

·investigation or survey rationale;

·investigation or survey method;

·limitations of the methodology.

Investigation or survey results

Please provide the findings of the investigation or survey, including the following:

·a detailed and current description of the archaeological site;

·details of archaeological sites identified during the investigation or survey;

·copies of any relevant site cards;

·allocated Heritage Inventory numbers;

·photographs—with a photographic scale (include photographs of any major features referred to in the site description);

·current or future threats to the physical fabric of the archaeological site/s (if known);

·other relevant details and information including any other site information obtained during the investigation or survey (such as information obtained by research or by traversing the land by any means);

·concise statement of significance for the archaeological site.

Limitations

Please list any limitations relating to the investigation or survey.

Note:These may include issues arising from the execution of the methodology, including constraints and/or limitations, access restrictions or poor visibility, etc.

Recommendations:

*Additional investigations; and

*Project outcomes and options; and

*Urgent site management or protection requirements.

Key sources

Please name key sources used in the investigation or survey. This could include books, publications, websites, the names of experts or any other resources.

Appendices

4.Statement of person providing survey report

I state that the information that I have given in this archaeological survey report is true and correct to the best of my knowledge.

Name of person who provided survey report:

Signature:

Date:

*Delete if not applicable.

SCHEDULE 10—FORM OF INTERIM PROTECTION ORDER

Regulation 28

Name:

Title:

Business/organisation name:

Address:

SUBURB    STATE    POSTCODE

Dear [Name]

VICTORIAN HERITAGE REGISTER INTERIM PROTECTION ORDER

You are the [owner/occupier/person apparently in charge] of the [place/object] located at [address] which is categorised as a [Heritage Act category] under section 25 of the Heritage Act 2017.

In the opinion of the [Heritage Council/Executive Director] it is [necessary/desirable] to make an interim protection order under section 143 of the Heritage Act 2017 for the purposes of that Act.

TAKE NOTICE THAT:

1.The [Heritage Council/Executive Director] causes this interim protection order to be served on you.

2.On service of this order on you and while this order remains in force the [place/object] at [address] is taken to be included in the Victorian Heritage Register in the category specified.

3.If a place is taken to be a registered place, the Heritage Act 2017 provides that—

A person must not:

The maximum penalty:

·     remove, relocate or demolish; or

·     damage or despoil; or

·     develop or alter; or

·     excavate—

all or any part of that place.

Under section 87(1) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years, or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(1) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years, or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(1) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

·     remove, relocate or demolish; or

·     damage or despoil; or

·     alter—

a registered object.

Under section 87(2) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(2) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(2) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

·     disturb the position of an object that is a fixed registered object.

Under section 87(3) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(3) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(3) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

4.Under section 144 of the Heritage Act 2017, this order comes into force on service on you.

5.This order—

(a)continues in force for a period of 4 months or for any further period specified by the Minister; or

(b)until—

(i)the place or object is included in the Victorian Heritage Register; or

(ii)the Heritage Council determines that the place or object does not warrant inclusion in the Victorian Heritage Register; or

(iii)the Heritage Council removes the order—

whichever occurs first.

6.Under section 147 of the Heritage Act 2017, on service of this order on you, you must display a notice in the prescribed form of the existence of this order in a conspicuous position on the place to which this order relates while the order is in force.

The maximum penalty for a contravention of section 147 is 120 penalty units for a natural person, or 240 penalty units for a body corporate.

Dated:

EXECUTIVE DIRECTOR HERITAGE VICTORIA/EXECUTIVE OFFICER HERITAGE COUNCIL/CHAIR HERITAGE COUNCIL

SCHEDULE 11—FORM OF NOTICE OF EXISTENCE OF AN INTERIM PROTECTION ORDER

Regulation 29

An interim protection order made by the Executive Director/Heritage Council has been served for the following place/object:

NAME OF PLACE/OBJECT:

ADDRESS:

SPECIFIED CATEGORY (under section 25 of the Heritage Act 2017):

TAKE NOTICE THAT:

1.While the Interim Protection Order remains in force the above place/object is taken to be included in the Victorian Heritage Register in the category specified.

2.If a place is taken to be a registered place, the Heritage Act 2017 provides that—

A person must not:

The maximum penalty:

·     remove, relocate or demolish; or

·     damage or despoil; or

·     develop or alter; or

·     excavate—

all or any part of that place.

Under section 87(1) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years, or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(1) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years, or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(1) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

·     remove, relocate or demolish; or

·     damage or despoil; or

·     alter—

a registered object.

Under section 87(2) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(2) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(2) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

·     disturb the position of an object that is a fixed registered object.

Under section 87(3) of the Heritage Act 2017, for a person knowingly or recklessly performing the act—

• 4800 penalty units, or imprisonment for 5 years or both for a natural person;
• 9600 penalty units for a body corporate.

Under section 88(3) of the Heritage Act 2017, for a person negligently performing the act—

• 2400 penalty units, or imprisonment for 2 years or both for a natural person;
• 4800 penalty units for a body corporate.

Under section 89(3) of the Heritage Act 2017, for a person performing the act—

• 48 penalty units for a natural person;
• 240 penalty units for a body corporate.

3.Under section 144 of the Heritage Act 2017, this order comes into force on service on you.

4.This order—

(a)continues in force for a period of 4 months or for any further period specified by the Minister; or

(b)until—

(i)the place or object is included in the Victorian Heritage Register; or

(ii)the Heritage Council determines that the place or object does not warrant inclusion in the Victorian Heritage Register; or

(iii)the Heritage Council removes the order—

whichever occurs first.

5.Under section 147 of the Heritage Act 2017, on service of this order on you, you must display a notice in the prescribed form of the existence of this order in a conspicuous position on the place to which this order relates while the order is in force.

The maximum penalty for a contravention of section 147 is 120 penalty units for a natural person, or 240 penalty units for a body corporate.

SCHEDULE 12—FORM OF IDENTITY CARD FOR INSPECTORS

Regulation 30

Heritage Act 2017

Heritage Regulations 2017

IDENTITY CARD FOR INSPECTORS

I certify that the bearer, [name], has been appointed an inspector under section 194 of the Heritage Act 2017.

Signed: Executive Director/Delegate

Date:

Inspector number:

[include photograph of inspector]

SCHEDULE 13—INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES

Regulation 31

Column 1 Item	Column 2 Prescribed infringement offence	Column 3 Prescribed infringement penalty
1.	Section 43	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
2.	Section 59	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
3.	Section 60(1)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
4.	Section 60(2)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
5.	Section 64(3)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
6.	Section 78(5)	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate
7.	Section 89(1)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
8.	Section 89(2)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
9.	Section 89(3)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
10.	Section 104	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
11.	Section 125	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
12.	Section 126A	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
13.	Section 127(4)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
14.	Section 127(5)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
15.	Section 127(6)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
16.	Section 128(3)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
17.	Section 147(1)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
18.	Section 147(2)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
19.	Section 163	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate

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ENDNOTES

1   General information

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

The Heritage Regulations 2017, S.R. No. 108/2017 were made on 24 October 2017 by the Governor in Council under sections 255 and 256 of the Heritage Act 2017, No. 7/2017 and came into operation on 1 November 2017: regulation 3.

The Heritage Regulations 2017 will sunset 10 years after the day of making on 24 October 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

This publication incorporates amendments made to the Heritage Regulations 2017 by statutory rules, subordinate instruments and Acts.

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

Heritage Amendment Regulations 2018, S.R. No. 54/2018

Date of Making:	15.5.18
Date of Commencement:	1.6.18: reg. 3

Heritage Amendment Regulations 2024, S.R. No. 3/2024

Date of Making:	30.1.24
Date of Commencement:	1.2.24: reg. 3

Heritage Amendment Regulations 2025, S.R. No. 13/2025

Date of Making:	25.3.25
Date of Commencement:	1.4.25: reg. 3

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

3   Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.