Australian Heritage Council Act 2003
No. 85, 2003
Compilation No. 4
Compilation date: 1 July 2019
Includes amendments up to: Act No. 86, 2018
Registered: 1 July 2019
About this compilation
This compilation
This is a compilation of the Australian Heritage Council Act 2003 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
Part 2—Establishment of the Council
4 Establishment
5 Functions
Part 3—Constitution of the Council
6 Membership of the Council
7 Appointment of members
8 Term of office of members
9 Acting appointments
10 Outside employment or other activities that conflict with a member’s duties
10A No conflict with a member’s duty
11 Remuneration and allowances of members
12 Resignation
13 Termination of appointment of members
Part 4—Meetings of the Council
14 Times and places of meetings
15 Notice of meetings
16 Who presides at meetings
17 Quorum
18 Voting at meetings
19 Disclosure of interests
20 Conduct of meetings
20A Resolutions without meeting
Part 5A—Reports
24A Reports
Part 6—Regulations
25 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to establish the Australian Heritage Council, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Australian Heritage Council Act 2003.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column…
Overview
The Australian Heritage Council Act 2003 was enacted to establish the Australian Heritage Council and to outline its functions, composition, and operational procedures. This Act was introduced to address the need for a dedicated body to advise the Minister on matters relating to the conservation and protection of places of heritage significance, as well as to manage the National Heritage List and the Commonwealth Heritage List. The enacting body was the Parliament of Australia, with the primary policy objective being the effective management and conservation of Australia's cultural and natural heritage. The Act defines the Council's role in assessing, nominating, and advising on heritage matters, as well as its responsibilities in reporting and research. The establishment and functions of the Council aim to ensure that Australia's heritage is systematically managed, conserved, and promoted.
Scope and Application
The Australian Heritage Council Act 2003 establishes the Australian Heritage Council, which is responsible for a range of functions relating to the protection, conservation, and management of Australia's heritage. The Act applies to the Council itself, its members, and any other persons or entities involved in activities related to heritage. The Council's functions include making assessments, advising the Minister on heritage matters, nominating places for inclusion in heritage lists, and promoting the identification, assessment, conservation, and monitoring of heritage. The Act also governs the establishment, constitution, and operation of the Council, including the appointment, term of office, and duties of its members. The Act applies on a national level, and its application may be extended or restricted through subordinate instruments, such as regulations made under the Act. Certain exclusions, exemptions, or thresholds may apply in specific circumstances, as determined by the Minister or as set out in the Act or other relevant legislation.
Key Provisions
- The Australian Heritage Council Act 2003 (sections 4 and 5) establishes the Australian Heritage Council and defines its primary functions. The Council is tasked with making assessments under the Environment Protection and Biodiversity Conservation Act 1999, advising the Minister on heritage conservation and protection, nominating places for inclusion in the National Heritage List or Commonwealth Heritage List, and providing advice on various heritage-related matters, including promotional activities, research, training, educational programs, national policies, grants, and monitoring of heritage sites. Furthermore, the Council is responsible for promoting the identification, assessment, conservation, and monitoring of heritage and for conducting necessary research and investigations.
- The Act imposes several obligations on the parties it governs. Members of the Council, including the Chair, are appointed by the Minister, who must ensure that the appointees possess the necessary expertise in heritage, particularly in natural, historic, and indigenous heritage. Members must not engage in activities that conflict with their duties and must disclose any interests related to matters under consideration by the Council. The Council must hold regular meetings, with a minimum of four per year, and members must receive reasonable notice of these meetings. Members are required to adhere to the quorum and voting procedures established by the Act and must comply with the regulations and any other provisions of the Act.
- The Act also delineates the consequences for breaches of its provisions. A member who engages in paid employment or other activities that conflict with their duties may have their appointment terminated by the Minister. Additionally, members who fail to comply with the disclosure of interests requirement may also face termination. The Act does not specify maximum penalties for breaches; however, the consequences of non-compliance are primarily administrative, including the termination of appointments.
- Area of Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegation & Subordinate Legislation
- Reporting & Disclosure Obligations
- Regulatory Standards
