Australian Heritage Commission Amendment Act 1990

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Australian Heritage Commission Amendment

Act 1990

No. 17 of 1991

An Act to amend the Australian Heritage Commission Act 1975, and for related purposes

[Assented to 21 January 1991]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Australian Heritage Commission Amendment Act 1990.

(2) In this Act, “Principal Act” means the Australian Heritage Commission Act 19751.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by omitting the definition of “authority of the Commonwealth” from subsection (1) and substituting the following definition:

“ ‘authority of the Commonwealth’ includes:

(a) all authorities and bodies (not being companies or societies) established by or appointed under the laws of the Commonwealth or of a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island; and

(b) a company (other than Australian Airlines Limited) in which the whole of the shares or stock, or shares and stock carrying more than one-half of the voting power, is or are owned by or on behalf of the Commonwealth;

but does not include the Commission or a court;”;

(b) by omitting the definition of “Aboriginals”;

“ ‘appropriate Minister’, in relation to a State or an internal Territory, means:

(a) the Minister designated by that State or Territory for the purposes of this Act; or

(b) any other Minister of that State or Territory for the time being acting for and on behalf of that Minister;

and includes a delegate of the Minister referred to in paragraph (a) or (b);

‘approved body’ means a body approved by the Minister for the purposes of this Act, being:

(a) an authority or body established by or under a law of the Commonwealth;

(b) an authority of a State or of a Territory; or

(d) any body corporate constituted for purposes other than the acquisition of gain by its individual members;

‘grants program’ means the program referred to in paragraph 7 (da);

‘Interim List’ means the list kept under section 26;

‘National Estate project’ means a project relating to:

(a) the identification of a place included in the National Estate; or

(b) the conservation, improvement or presentation of a place entered in the Register or in the Interim List;

‘owner’, in relation to any real property, means:

(a) if the property is held in fee simple—the person in whom the fee simple is vested; or

(b) if the property is held under a lease from the Crown (other than a lease for the exploration or exploitation of minerals or a lease of a similar limited nature)— the lessee of the property;”.

National Estate

4. Section 4 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) Without limiting the generality of subsection (1), a place that is a component of the natural or cultural environment of Australia is to be taken to be a place included in the national estate if it has significance or other special value for future generations as well as for the present community because of any of the following:

(a) its importance in the course, or pattern, of Australia’s natural or cultural history;

(b) its possession of uncommon, rare or endangered aspects of Australia’s natural or cultural history;

(c) its potential to yield information that will contribute to an Understanding of Australia’s natural or cultural history;

(d) its importance in demonstrating the principal characteristics of:

(i) a class of Australia’s natural or cultural places; or

(ii) a class of Australia’s natural or cultural environments;

(e) its importance in exhibiting particular aesthetic characteristics valued by a community or cultural group;

(f) its importance in demonstrating a high degree of creative or technical achievement at a particular period;

(g) its strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

(h) its special association with the life or works of a person, or group of persons, of importance in Australia’s natural or cultural history.”.

Functions of Commission

5. Section 7 of the Principal Act is amended:

(a) by omitting paragraph (a) and substituting the following paragraph:

“(a) on its own motion or on the request of the Minister, to give advice to the Minister, on matters relating to the national estate, including advice relating to:

(i) action to identify, conserve, improve and present the national estate; and

(ii) expenditure by the Commonwealth for the identification, conservation, improvement and presentation of the national estate; and

(iii) the grant of financial or other assistance by the Commonwealth for the identification, conservation, improvement or presentation of the national estate;”;

(b) by inserting after paragraph (d) the following paragraph:

“(da) subject to Part Va, to administer the National Estate Grants Program, being the program devised for the grant by the Commonwealth, in accordance with that Part, of financial assistance to the States and internal Territories and to approved bodies for expenditure on National Estate projects;”.

Powers of Commission

6. Section 10 of the Principal Act is amended by omitting from subsection (1) all the words after “Commission” (second occurring) and substituting the following word and paragraphs:

“may:

(a) enter into contracts; and

(b) accept gifts, devises and bequests made to it, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust.”.

7. Section 22 of the Principal Act is amended:

(a) by omitting from subsection (5) “The” and substituting “Subject to subsection (6), the”;

(b) by inserting at the end the following subsection:

“(6) The Commission is to remove from the Register a place that is part of a place that is in the Register (in this subsection called the ‘registered place’) by causing to be entered in the Register, against the description of the registered place:

(a) a description of the first-mentioned place sufficient to identify it; and

(b) a statement that the place so described, being part of the registered place, has been removed from the Register; and

Entry of place in Register

8. Section 23 of the Principal Act is amended:

(a) by omitting “and” from subparagraph (2) (a) (iv);

(b) by omitting subparagraph (2) (a) (v) and substituting the following subparagraphs:

“(v) stated that although such objections may be made on any ground, the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate;

(vi) stated that the Commission will supply, on request:

(a) if the location of the place cannot otherwise be readily understood—a map of the place; and

(b) a statement regarding the significance of the place as part of the national estate; and

(vii) specified an address to which such objections or requests may be forwarded;”;

“(2a) If:

(a) a person has, in accordance with a notice under paragraph (2) (a), made written objection to the entry of a place in the Register; and

(b) the Commission has not:

(i) if subparagraph (ii) does not apply—within a period of 12 months from the date specified in the notice; or

(ii) if, before the end of the period specified in subparagraph (i), the Minister has, at the request of the Commission, extended that period—within that period as so extended;

made a decision whether or not the place is to be entered in the Register;

the Commission is to be taken to be of the opinion that the place should not be recorded as part of the national estate.”;

(d) by omitting “and” from subparagraph (3) (a) (iii);

(e) by omitting subparagraph (3) (a) (iv) and substituting the following subparagraphs:

“(iv) state that, the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate;

(v) state that the Commission will supply, on request:

(a) if the location of the place cannot otherwise be readily understood—a map of the place;

(b) a statement regarding the significance of the place as part of the national estate; and

(vi) specify an address to which such objections or requests may be forwarded; and”;

(f) by omitting paragraph (3) (b) and substituting the following paragraph:

“(b) if a person has, not later than the date specified in that notice, made written objection to the Commission to the decision, reconsider that decision giving due consideration to the objection:

(i) if subparagraph (ii) does not apply—within a period of 12 months from the date specified in the notice; or

(ii) if before the end of the period specified in subparagraph (i), the Minister has, at the request of the Commission, extended that period—within that period as so extended.”;

(g) by omitting from subsection (4) “state that the place has been so entered” and substituting the following word and paragraphs:

“state:

(a) that the place has been so entered; and

(b) that the Commission will supply on request sent to the address specified in the notice:

(i) if the location of the place cannot otherwise be readily understood—a map of the place; and

(ii) a statement regarding the significance of the place as part of the national estate; and

(iii) a statement of the reasons for the Commission’s decision in relation to the place.”;

(h) by omitting subsection (5).

9. After section 23 of the Principal Act the following sections are inserted:

Notification before publication of public notice

“23a. (1) Where the Commission intends to enter a place in the Register, the Commission must give notice of its intention to:

(a) all owners of real property situated at the place; and

(b) the local government authority for the area in which the place is situated;

at least 7 days before a public notice in respect of that place is published under paragraph 23 (2) (a).

“(2) Where the number of owners to be given notice does not exceed 50, the notice is to be given by personal letter sent to each owner.

“(3) Where the number of owners to be given notice exceeds 50, the notice may be given:

(a) in accordance with subsection (2); or

(b) in one or more of the following ways:

(i) by advertisement in local newspapers;

(ii) by letters addressed to ‘The owner’ and left at the address of each owner at the place;

(iii) by displays in public buildings at or near the place.

“(4) Notice to a local government authority is to be given by letter sent to the authority at its address.

“(5) Failure to give notice under this section does not invalidate any public notice under paragraph 23 (2) (a), or the entry of any place in the Register under section 23.

Appointment of assessors

“23b. (1) Where a person has made written objection to the entry of a place in the Register in accordance with subsection 23 (2), the Minister may appoint a person or persons (other than a Commissioner or a person who has been connected with the proposal to enter the place in the Register) as assessor or assessors in respect of that objection.

“(2) An assessor assists and advises the Commission in its consideration of the objection.

“(3) An assessor is paid such fees and allowances as are determined by the Commission.”.

Removal of place from Register

10. Section 24 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsections:

“(1) The Commission:

(a) may, of its own motion; or

(b) must, if so directed by the Minister;

inquire whether a place, being a place or part of a place that is in the Register, is to continue to be recorded as part of the national estate.

“(1a) Subject to this section, where, after inquiring into the matter, the Commission considers that a place that is in the Register, or is part of a place that is in the Register, should not be recorded as part of the national estate, it must remove that place from the Register.”;

(b) by omitting from subsection (2) “(1)” and substituting “(1a)”;

“(a) it has, by public notice:

(i) stated that it intends to remove the place from the Register; and

(ii) given, in the case of a place forming part of a place in the Register, a description of the place sufficient to identify it; and

(iii) notified persons of their right to object, in writing, to the removal of the place from the Register; and

(iv) specified the date by which such objections are to be made, not being earlier than one month after the date of publication of the notice in the Gazette; and

(v) stated that the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate; and

(vi) stated that the Commission will supply, on request:

(a) if the location of the place cannot otherwise be readily understood—a map of the place; and

(b) a statement regarding the significance of the place as part of the national estate; and

(vii) specified an address to which such objections or requests may be forwarded;”;

(d) by omitting paragraph (2) (c) and substituting the following paragraph:

“(c) if a person has, not later than the date specified in that notice, made written objection to the Commission to the removal of the place from the Register, the Commission has given due consideration to the objection:

(i) if subparagraph (ii) does not apply—within a period of 12 months from the date specified in the notice; or

(ii) if before the end of the period specified in subparagraph (i), the Minister has, at the request of the Commission, extended that period—within that period as so extended.”;

(e) by omitting from subsection (3) “(1)” and substituting “(1a)”.

11. After section 24 of the Principal Act the following sections are inserted:

Upmost consideration to be given to significance of a place as part of the national estate when dealing with objection

“24a. When dealing with an objection to any of its decisions under section 23 or 24, the Commission must give upmost consideration to the significance, as part of the national estate, of the place to which the decision relates.

Supply of materials by the Commission

“24b. (1) In this section:

‘relevant material’, in relation to a place, means any of the following:

(a) a map of the place;

(b) a statement regarding the significance of the place as part of the national estate;

“(2) Where the Commission has, under a provision of this Act, received a request for the supply of relevant material in relation to a place, the Commission must, as soon as practicable:

(a) if paragraph (b) does not apply—supply such material to the person who made the request; or

(b) if the material requested is a map of the place—supply the map to that person if the location of the place cannot otherwise be readily understood.

Discretion of the Commission not to disclose precise location of a place

“24c. Where, in the opinion of the Commission, a place would be significantly damaged by the presence or actions of visitors if its precise location were disclosed in a public notice under subsection 23 (2) or 24 (2) or in a map that the Commission supplies under subsection 24b (2), it is sufficient compliance with the Act if the Commission:

(a) gives in the notice published under subsection 23 (2) or 24 (2) a description of the place that indicates the general area in which the place is situated without disclosing the precise location of the place; or

(b) supplies under subsection 24b (2) a map that indicates the general area in which the place is situated without disclosing the precise location of the place.”.

Interim List

12. Section 26 of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

“(1) The Commission must keep a list of places to be known as the Interim List for the Register of the National Estate.”;

(b) by inserting after subsection (2) the following subsection:

“(2a) An entry is not to be made on the list except in accordance with subsection (2).”.

Duties of Ministers and authorities

13. Section 30 of the Principal Act is amended:

(a) by inserting “and comment on” after “consider” in subsection (3);

(b) by inserting after subsection (3) the following subsection:

“(3a) Where the Commission is informed of a proposed action by a Minister, Department or authority, the Commission shall, as soon as practicable, provide its comments on the proposed action to the Minister, Department or authority (as the case may be).”.

14. After Part V of the Principal Act the following Part is inserted:

“PART Va—NATIONAL ESTATE GRANTS PROGRAM

Application for grant

“31a. A State, an internal Territory or an approved body may apply to the Minister for grants of financial assistance under the grants program in respect of National Estate projects.

Commission to give advice on selection etc. of projects

“31b. The Commission may, on being requested by a State, an internal Territory or an approved body, give advice to it on the preparation of a National Estate project in respect of which an application is to be made under section 31a.

Grant of financial assistance

“31c. (1) The Minister may approve the grant, during a financial year, of financial assistance under the grants program, in such amount, and subject to such conditions, as the Minister determines:

(a) to a State or internal Territory for expenditure by the State or Territory, or by an approved body, in respect of a National Estate project approved by the Minister; or

(b) to an approved body for expenditure by the approved body in respect of a National Estate project approved by the Minister.

“(2) The Minister may not approve a grant of financial assistance to a State or an internal Territory without first consulting the appropriate Minister for that State or Territory.

“(3) In approving a grant, the Minister must have regard to such matters (if any) as are prescribed for the purposes of this section.

Variation of grants

“31d. The Minister may, after consultation with the appropriate Minister for a State or an internal Territory or with an approved body, vary:

(a) the amount of any grant under the grants program to that State, Territory or approved body; or

(b) any term or condition to which the grant is subject.

Appropriation

“31e. Any financial assistance under this Part is to be provided out of money appropriated by Parliament for the purpose.”.

Power to purchase and dispose of assets

15. Section 39 of the Principal Act is amended by omitting “$50,000” from paragraph (a) and substituting “$200,000”.

Committees

16. Section 45 of the Principal Act is amended by omitting “, with the approval of the Minister” from subsection (1).

Saving—notices under section 23 or 24 of Principal Act

17. In spite of any defects in a public notice given before 20 November 1979 purporting to be a notice under paragraph 23 (2) (a) or (3) (a) or 24 (2) (a) of the Principal Act, that notice has effect, and is to be taken always to have had effect, as if it had been given in accordance with the requirements of that paragraph.

NOTE

1. No. 57, 1975, as amended. For previous amendments, see Nos. 37 and 135, 1976; No. 36, 1978; No. 61, 1981; No. 63, 1984; No. 166, 1985; and No. 60, 1989.

[Minister’s second reading speech made in—

House of Representatives on 22 August 1990

Senate on 13 November 1990]

Overview

The Australian Heritage Commission Amendment Act 1990 (No. 17 of 1991) was enacted by the Australian Parliament to amend the Australian Heritage Commission Act 1975. This Act aimed to address gaps and deficiencies in the existing legislative framework concerning the identification, conservation, improvement, and presentation of the national estate. The Act provides updated definitions, expands the functions of the Australian Heritage Commission, enhances the powers of the Commission, and introduces new provisions for the National Estate Grants Program. The policy objective of the Act is to ensure the preservation of significant natural and cultural heritage sites that hold value for both current and future generations. The Australian Heritage Commission Amendment Act 1990 establishes a clearer criteria for what constitutes a place included in the national estate, enhances the Commission’s advisory and administrative functions, and introduces mechanisms for the grant of financial assistance for National Estate projects. The Act also provides for the notification of property owners and local government authorities before a place is entered into the Register of the National Estate and outlines procedures for the removal of places from the Register. Additionally, the Act introduces provisions for the appointment of assessors to assist the Commission in dealing with objections to entries in the Register and ensures that the Commission gives due consideration to the significance of places when dealing with objections.

Scope and Application

The Australian Heritage Commission Amendment Act 1990 amends the Australian Heritage Commission Act 1975, broadening the scope and functions of the Australian Heritage Commission. The Act applies to the Commonwealth and all states and territories within Australia, except for the Australian Capital Territory, the Northern Territory, and Norfolk Island. The legislation is concerned with the identification, conservation, improvement, and presentation of places that are part of Australia's national estate, including those of natural and cultural significance. The Act outlines the functions of the Commission, which include providing advice to the Minister on matters related to the national estate and administering the National Estate Grants Program, which facilitates financial assistance to states, territories, and approved bodies for National Estate projects. The Act specifies that the Commission must consider the significance of places as part of the national estate when dealing with objections to their entry into or removal from the Register of the National Estate. It also mandates the Commission to notify property owners and local government authorities before publishing a public notice regarding the entry of a place in the Register. Furthermore, the Act allows for the appointment of assessors to assist the Commission in considering objections to the entry of places in the Register. The Act provides the Commission with discretion not to disclose the precise location of a place in public notices or maps if it believes that such disclosure would significantly damage the place due to visitor presence or actions. The Act also establishes the Interim List for the Register of the National Estate, which is maintained by the Commission. Additionally, it details the duties of Ministers and authorities, including the requirement for the Commission to comment on proposed actions that may affect the national estate. The Act introduces a National Estate Grants Program, under which financial assistance can be granted to states, territories, and approved bodies for National Estate projects. Finally, the Act increases the monetary threshold for the Commission's power to purchase and dispose of assets from $50,000 to $200,000.

Key Provisions

The Australian Heritage Commission Amendment Act 1990 makes several amendments to the Australian Heritage Commission Act 1975. One of the key changes is the addition of a new subsection (1a) to section 4, which outlines the criteria for determining if a place is to be considered as part of the national estate. This includes places that have significance or special value for future generations due to their historical, cultural, or natural importance. The Act also revises the functions of the Australian Heritage Commission (section 7), giving it the power to administer the National Estate Grants Program and to provide advice to the Minister on matters related to the national estate. Under this Act, the Commission is required to follow specific procedures when dealing with objections to the entry or removal of a place in the Register of the National Estate. This includes providing notice to the relevant property owners and local government authorities at least seven days before publishing a public notice (section 23a). If objections are raised, the Minister can appoint assessors to assist the Commission in considering these objections (section 23b). Additionally, the Commission must give utmost consideration to the significance of the place when dealing with any objections (section 24a) and supply relevant materials, such as maps and statements of significance, upon request (section 24b). The Act imposes several obligations on the Commission, including the duty to maintain an Interim List for the Register of the National Estate (section 26) and to comment on proposed actions by Ministers or authorities that may affect the national estate (section 30). Furthermore, the Commission is mandated to consider the significance of a place when dealing with objections to its decisions (section 24a) and to supply relevant materials upon request (section 24b). There are potential consequences for non-compliance with the provisions of this Act. For instance, failure to give the required notice under section 23a does not invalidate the public notice or the entry of a place in the Register, but it may lead to procedural deficiencies. Additionally, any defects in public notices given before 20 November 1979 are deemed to have been in compliance with the Act's requirements (section 17). The Act does not explicitly state maximum penalties for breaches but implies that such breaches could lead to procedural issues or the need for corrective actions as deemed necessary by the relevant authorities.

Area of Law: Environmental Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Enforcement Powers; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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