HERITAGE ACT 2017

Victorian Current Acts

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HERITAGE ACT 2017

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Meaning of historic shipwreck
5. Meaning of historic shipwreck artefact
6. Specification of period of years for determining a historic shipwreck or historic shipwreck artefact
7. Crown to be bound
8. Application of Act

PART 2--HERITAGE ADMINISTRATION

Division 1--Heritage Council

9. Establishment of the Heritage Council
10. Members of the Heritage Council
11. Functions and powers of the Heritage Council
12. Assessment criteria regarding cultural heritage significance
13. Committees
14. Consultation and advice
15. Delegation of powers—Heritage Council
16. Immunity from liability
17. Further heritage administration

Division 2--Executive Director

18. Executive Director
19. Functions and powers of Executive Director
20. Delegation of powers—Executive Director
21. Staff

Division 3--Executive officer of Heritage Council

22. Executive officer of the Heritage Council

PART 3--VICTORIAN HERITAGE REGISTER

Division 1--Establishment and content of Victorian Heritage Register

23. Establishment of the Victorian Heritage Register
24. Content of the Heritage Register
25. Categories of registration
26. Details included in the Heritage Register

Division 2--Nominations for registration

27. Nominations of place or object for inclusion in the Heritage Register
27A. Nominations of objects integral to places
27B. Nominations of additional land
28. Certain nominations cannot be accepted
29. Executive Director may refuse nominations in certain circumstances
30. Requests for review of the Executive Director's refusal of nomination
33. Requests for further information regarding nominations
34. Notice of nominations
34A. Effect of decision of Executive Director not to make an exclusion determination
35. Deferral of consideration for nomination
36. Owner to notify purchaser of nomination and deferral

Division 2A--Exclusion determinations

36A. Application for an exclusion determination
36B. Requests for further information regarding application
36C. Decision on application
36D. Notice of decision to make or refuse to make an exclusion determination
36E. Request for review of decision to make or refuse to make an exclusion determination
36F. Decision on review

Division 3--Recommendations of registration

37. Executive Director recommendations in respect of nominations
38. Executive Director recommendations for exempted works or activities
39. Executive Director recommendations for protected zones
40. Statement of recommendation
41. Notice of recommendation to be published
42. Obligations of owners—to advise of works, permits etc. on foot when statement of recommendation given
42A. Obligations of owners before determination or inclusion in the Heritage Register—to advise of permits
42B. Obligations of owners before determination or inclusion in the Heritage Register—to advise of activities
42C. Obligations of owners before determination or inclusion in the Heritage Register—to advise of proposal to dispose
42D. Obligations of owners before determination or inclusion in the Heritage Register—requirement to give statement to purchaser
43. Owners of places, objects and land must comply with obligations

Division 4--Determinations of registration

44. Submissions to the Heritage Council
45. Requests for further information regarding submissions
46. Consideration of submissions to the Heritage Council
46A. Conduct of hearings by Heritage Council in relation to a recommendation
47. Role of the Executive Director in determination of recommendation
48. Sale of place, object or land the subject of recommendation
49. Determinations of the Heritage Council
49A. Notice to the owner or government asset manager

Division 5--Minister's powers regarding registration

50. Minister's call-in powers
51. Heritage Council must hear submissions and give report
52. Determination of the Minister
52A. Notice to the owner or government asset manager

Division 6--Effects of registration

53. Notice of registration
54. Notice to the Registrar of Titles
56. Amendment of planning schemes
57. Public availability of the Heritage Register
58. Heritage certificates
59. Notice of intention to sell registered place or registered object
60. Change of owner of registered place or registered object

Division 7--Amendment of Heritage Register

61. Destroyed places and registered objects
62. Amendment of the Heritage Register
63. Expedited amendment of the Heritage Register

Division 8--Other provisions relating to registered archaeological places and associated archaeological artefacts

64. Erection of notices
65. Archaeological artefacts in a registered archaeological place taken to be property of the Crown
66. Museum of Victoria to be place of lodgement
67. Power of the Executive Director to direct excavation or examination of place

PART 4--UNDERWATER CULTURAL HERITAGE

Division 1--Provisional registration

68. Determination of provisional registration
69. Duration of provisional registration

Division 2--Shipwrecks and shipwreck artefacts

70. Notice of location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts
71. Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck
72. Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts
73. Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State
74. Other offences in relation to registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts
75. Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact
76. Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment
77. Permits for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones
78. Permits for the use of registered shipwrecks or registered shipwreck artefacts
79. Further exceptions to offences
80. Discovery of shipwrecks and shipwreck artefacts to be notified
81. Rewards
82. Declaration as to Crown ownership of registered shipwrecks or registered shipwreck artefacts
83. Right to claim compensation for loss on vesting of registered shipwreck or registered shipwreck artefact in the Crown
84. Official place of lodgement of registered shipwrecks and registered shipwreck artefacts
85. Danger to navigation

PART 5--PERMITS

Division 1--General

86. Scope of Part
87. Offences in relation to knowingly or recklessly performing certain activities
88. Offences in relation to negligently performing certain activities
89. Offences in relation to performing certain activities
90. Exemption for the purposes of religious services or rites
90A. Requests for additional information in relation to exemption for the purposes of religious services or rites
91. Exemption for certain subdivisions or consolidations
92. Other exemptions from permits

Division 2--Permit applications

93. Permit applications
94. Public display of permit applications in certain circumstances
95. Public submissions in relation to permit applications
96. Amending permit applications—request of applicant
96A. Amending permit applications—Executive Director
96B. Amended permit application to be given to responsible authority or municipal council
97. Time for determining permit applications
98. Requests for additional information in relation to permit applications
99. Stopping of time for permit applications
100. Submissions by responsible authorities and municipal councils in relation to permit applications
101. Determination of permit applications
101A. Approval of permit applications subject to security

Division 3--Issue of permits

102. Issue of permits
102A. Notice of refusal
102B. Notice of permit application determination
104. Noncompliance with permit

Division 4--Amendment of permits

105. Amendment of permits
105A. Requests for additional information in relation to amendment of permits
105B. Minor amendment of permits

Division 5--Reviews of determinations relating to permits

106. Review of the Executive Director's determinations relating to permits
107. Adjournment of reviews relating to permits
108. Determination of reviews by the Heritage Council
109. Minister's power to call in or refer matter to VCAT
110. Notice of referral to VCAT
111. Powers of VCAT on review
112. Notice of VCAT's decision
112A. Issue of permit following VCAT's decision
113. Exercise of call-in power by the Minister
114. Powers of the Minister on referral

Division 6--Miscellaneous

115. Applications for permits before registration in urgent cases
116. Delegation

PART 6--ARCHAEOLOGICAL HERITAGE

Division 1--Heritage Inventory

117. Establishment of the Heritage Inventory
118. Content of the Heritage Inventory
118A. Determination by the Executive Director as to archaeological value
119. Removing sites from the Heritage Inventory
120. Notice of recording of sites in or removal of sites from the Heritage Inventory
121. Public availability of the Heritage Inventory

Division 2--Protection of archaeological heritage

122. Application of Division
123. Offences in relation to certain archaeological sites
123A. Exemption from requirement to obtain a consent
124. Executive Director may issue consents
124A. Amendment of consents
124B. Requests for additional information in relation to consent applications
124C. Stopping of time for consent applications
125. Compliance with consents
126. Requests for reviews regarding consents
126A. Requirement to notify Executive Director of intention to undertake investigation or survey of land
127. Reporting of investigations and surveys of land
128. Actions to protect archaeological artefacts
129. Offence to buy, sell or possess archaeological artefacts without consent

Division 3--Sites of archaeological value

130. Recommendation for site of archaeological value
131. Notice of recommendation for site of archaeological value
132. Consideration of submissions in relation to a recommendation for a site of archaeological value
133. Approval of recommendation for a site of archaeological value

PART 7--COVENANTS

134. Land owner may enter covenant with the Heritage Council
135. Land owner may enter covenant with the National Trust
136. VCAT may release covenant
137. Notice of covenants
138. Heritage Council to consider submissions and make decisions
139. Covenant affecting Crown land
139A. Land owner must apply for recording of covenant or agreement
140. Recording of notice of covenant or agreement
141. Effect of recording of notice of covenant or agreement

PART 8--ORDERS

Division 1--Interim protection orders

142. Scope of Division
143. Heritage Council or Executive Director may make interim protection order
144. Effect of interim protection order
145. Manner of service of interim protection order
146. Additional requirements relating to service of interim protection order
147. Display of interim protection order
148. Works or activities while interim protection order is in force
149. Recommendation regarding registration
150. Revocation of interim protection order
151. Period of interim protection order

Division 2--Repair orders

152. Disrepair of registered place or registered object
153. Failure to maintain registered place or registered object
154. Notices to show cause why works or activities should not be carried out
155. Repair orders for the carrying out of works or activities
156. VCAT review of repair order to carry out works
157. Failure to comply with repair order
158. Revocation of repair order
159. Executive Director may carry out works or activities

Division 3--Rectification orders

160. Issue of rectification order
161. Effect of rectification order
162. Manner of service of rectification order
163. Compliance with rectification orders
164. VCAT review of rectification order

Division 4--Stop orders

165. Issue of stop orders
166. Service of stop orders
167. Period of stop orders
168. Compliance with stop orders

PART 9--WORLD HERITAGE

Division 1--World Heritage Environs Areas

169. Declaration of World Heritage Environs Area

Division 2--World Heritage Strategy Plans

170. Preparation of World Heritage Strategy Plan
171. Notice of draft World Heritage Strategy Plan
172. Submissions on draft World Heritage Strategy Plan
173. Procedure of the Heritage Council where no submissions
174. Heritage Council to consider submissions
175. Decision of the Heritage Council
176. Approval of World Heritage Strategy Plan
177. Amendments to Approved World Heritage Strategy Plans
178. Public availability of Approved World Heritage Strategy Plans
179. Notice of Approved World Heritage Strategy Plan
180. Amendment of planning schemes

Division 3--World Heritage Management Plans

181. Steering Committees for listed places
182. Functions of Steering Committees
183. Preparation of World Heritage Management Plan
184. Notice of draft World Heritage Management Plan
185. Submissions on draft World Heritage Management Plan
186. Steering Committee to consider submissions
187. Decision of the Steering Committee
188. Approval of World Heritage Management Plan
189. Amendments to Approved World Heritage Management Plans
190. Public availability of Approved World Heritage Management Plans
191. Review of Approved World Heritage Management Plan
192. Offence to fail to comply with Approved World Heritage Management Plan
193. Annual report on condition of property

PART 10--ENFORCEMENT AND LEGAL PROCEEDINGS

Division 1--Appointment and powers of inspectors

194. Appointment of inspectors
195. Identity cards
196. Inspector must show identity card
197. Inspector may demand name and address
198. Offence to hinder inspector or authorised person
199. Offence to impersonate inspector
200. Police officers must assist inspectors

Division 2--Powers of entry, search and seizure

201. General powers of entry
202. Search warrant for any premises
203. Announcement before entry of premises on warrant
204. Copy of warrant to be given to occupier
205. Powers of inspectors on entry on warrant
206. Court order for entry to residence for cultural heritage significance reasons
207. Announcement before entry of residence using order
208. Powers on entry using order
209. Powers of inspectors—archaeological artefacts
210. Seizure and forfeiture—archaeological artefacts
211. Powers of inspectors—underwater cultural heritage
212. Arrest without warrant—underwater cultural heritage
213. Search warrants—registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts
214. Seizure and forfeiture—underwater cultural heritage

Division 3--Orders of the Supreme Court

215. Definitions
216. Remedy or restraint of contraventions of this Act
217. Orders of the Supreme Court

Division 4--Infringement notices

218. Infringement notices—general
219. Infringement notices—additional steps

Division 5--Evidence and legal proceedings

220. Service of documents
221. Prosecutions of offences
222. Persons who may prosecute
223. Certificates to be evidence
224. Statement of inspector is evidence
225. Possession of certain items is evidence of contravention

Division 6--Additional enforcement provisions

226. Scope of Division
227. Declaration by the Governor in Council
228. Effect of Governor in Council declaration

Division 7--Miscellaneous

229. Powers of court with respect to contravention
230. Powers of the Executive Director with respect to contravention
231. Confidentiality
232. Criminal liability of officers of bodies corporate—failure to exercise due diligence
233. Criminal liability of officers of bodies corporate—accessorial liability

PART 11--HERITAGE FUND

234. Heritage Fund
235. Payments into the Heritage Fund
236. Payments out of the Heritage Fund
237. Power of the Heritage Council to borrow money
238. Heritage Council may accept gifts
239. Making of loans and grants from the Heritage Fund
240. Rates of interest on loans made from the Heritage Fund
241. Acquisition of places by the Heritage Council
242. Sale of places and objects by the Heritage Council

PART 11A--SPECIAL ASSISTANCE

243. Special assistance
244. Remitted taxes and rates become immediately payable on occurrence of certain events
245. Payment of deferred taxes or rates

PART 12--HEARINGS

246. Application of Part
247. Directions about hearings
248. Hearings to be public
248A. Hearings may be conducted in person or by audio link or audio visual link
249. General procedure for hearings
250. Persons who may appear before the Heritage Council
251. Failure to attend hearing
252. Heritage Council may hear submissions together
253. Adjournment of hearings
254. Heritage Council may regulate its own proceedings

PART 12A--PUBLIC AVAILABILITY OF DOCUMENTS

254A. Public availability requirements
254B. In person inspection requirements
254C. Electronic publication requirements
254D. On request inspection requirements
254E. Electronic Heritage Register and Heritage Inventory requirements
254F. Exception to compliance with on request inspection requirements when emergency declaration in force

PART 13--GENERAL

255. Regulations—general
256. Regulations—underwater cultural heritage

PART 14--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1--Repeal of the Heritage Act 1995

257. Repeal of the Heritage Act 1995

Division 2--Savings and transitional provisions

258. Definitions
259. General transitional provisions
260. Heritage Council
261. Committees
262. Executive Director
263. Heritage Register
264. Nominations in respect of which recommendations have not been made
265. Nominations in respect of which recommendations have been made
266. Decisions of the Heritage Council
267. Heritage certificates
268. Exemptions for liturgical purposes
269. Other exemptions from permits
270. Permit applications in respect of which determinations have not been made
271. Permits
272. Appeals to the Heritage Council in respect of which determinations have not been made
273. Determinations of the Heritage Council in respect of appeals
274. Matters called in or referred to VCAT
275. Covenants
276. Recommendations relating to remains of ships and articles in respect of which determinations have not been made
277. Determinations relating to remains of ships and articles
278. Provisional registration
279. Recommendations for protected zones in respect of which determinations have not been made
280. Protected zones
281. Permit applications relating to shipwrecks in respect of which determinations have not been made
282. Permits relating to shipwrecks
283. Notice of discovery of shipwrecks and articles
284. Permits for the use of historic shipwreck relics
285. Heritage Inventory
286. Permits for the use of archaeological relics
287. Consent applications in respect of which determinations have not been made
288. Consents
289. Orders for the carrying out of works
290. Reviews of orders to carry out works
291. Heritage Fund
292. Inspectors
293. Governor in Council declarations

Division 3--Transitional provisions--Heritage Amendment Act 2023

294. Interpretation
295. Previous nominations of objects integral to places and of additional land
296. Nomination of place or object, objects integral to places and of additional land
297. Offences
298. Exemption for alterations for purposes of religious services or rites
299. Permits
300. Securities
301. Determination by the Executive Director as to archaeological value
302. Consent applications
303. Land owner must apply for recording of covenant or agreement
304. Repair orders
305. Publication and inspection requirements
306. Exclusion determinations
SCHEDULE 1
ENDNOTES

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