Untitled document

Heritage (Infringement Notice) Amendment Regulations 2010

S.R. No. 65/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Schedule

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STATUTORY RULES 2010

S.R. No. 65/2010

Heritage Act 1995

Heritage (Infringement Notice) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 6 July 2010

Responsible Minister:

JUSTIN MADDEN
Minister for Planning

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to prescribe—

(a)offences against the Heritage Act 1995 and the Heritage (Historic Shipwrecks) Regulations 2007 for which an infringement notice may be served; and

(b)infringement penalties for those offences.

2Authorising provision

These Regulations are made under section 185 of the Heritage Act 1995.

3Principal Regulations

In these Regulations, the Heritage (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.

4Definitions

(1)In regulation 4 of the Principal Regulations, the definition of specified protected zone is revoked.

(2)In regulation 4 of the Principal Regulations, in the definition of the Shipwrecks Regulations, for "the Heritage (Historic Shipwrecks) (General) Regulations 1996" substitute "the Heritage (Historic Shipwrecks) Regulations 2007".

5Schedule

In the Schedule to the Principal Regulations, for the items relating to codes 4 to 6 substitute—

"4.	An offence under regulation 6(a) of the Shipwreck Regulations.	2 penalty units.	Enter a protected zone except in accordance with a permit granted under section 113 of the Act.
5.	An offence under regulation 6(b) of the Shipwreck Regulations.	2 penalty units.	Moor or use a ship within a protected zone except in accordance with a permit granted under section 113 of the Act.
6.	An offence under regulation 6(c) of the Shipwreck Regulations.	2 penalty units.	Trawl, fish, dive or undertake any other underwater activity within a protected zone except in accordance with a permit granted under section 113 of the Act.

7. An offence under section 74A of the Act. 5 penalty units in the case of a natural person. 10 penalty units in the case of a body corporate. As a person carrying out works or activities for which a permit is issued under section 74 of the Act, fail to ensure that the works and activities comply with the permit and any terms and conditions of the permit.".

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[1] Reg. 3: S.R. No. 28/2002 as amended by S.R. Nos 88/2004 and 137/2006.

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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 2009 is $116.82 and for the financial year commencing 1 July 2010, is $119.45.

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.