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

   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  
   18.     Executive Director  
   19.     Functions and powers of Executive Director  
   20.     Delegation of powers—Executive Director  
   21.     Staff  
   22.     Executive officer of the Heritage Council  

   PART 3--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  
   27.     Nominations for inclusion in the Heritage Register  
   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  
   31.     Nominations of objects integral to places  
   32.     Nominations of additional land  
   33.     Requests for further information regarding nominations  
   34.     Notice of nominations  
   35.     Deferral of consideration for nomination  
   36.     Owner to notify purchaser of nomination and deferral  
   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 of places and objects  
   43.     Owners of places and objects must comply with obligations  
   44.     Submissions to the Heritage Council  
   45.     Requests for further information regarding submissions  
   46.     Consideration of submissions to the Heritage Council  
   47.     Role of the Executive Director in determination of recommendation  
   48.     Sale of place or object the subject of recommendation  
   49.     Determinations of the Heritage Council  
   50.     Minister's call-in powers  
   51.     Heritage Council must hear submissions and give report  
   52.     Determination of the Minister  
   53.     Notice of registration  
   54.     Notice to the Registrar of Titles  
   55.     Notice to owner  
   56.     Amendment of planning schemes  
   57.     Copies of 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  
   61.     Destroyed places and registered objects  
   62.     Amendment of the Heritage Register  
   63.     Expedited amendment of the Heritage Register  
   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

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

   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  
   91.     Exemption for certain subdivisions  
   92.     Other exemptions from permits  
   93.     Permit applications  
   94.     Public display of permit applications in certain circumstances  
   95.     Public submissions in relation to permit applications  
   96.     Amending permit applications  
   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  
   102.    Issue of permits  
   103.    Issue of permits subject to security  
   104.    Noncompliance with permit  
   105.    Amendment of 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  
   113.    Exercise of call-in power by the Minister  
   114.    Powers of the Minister on referral  
   115.    Applications for permits before registration in urgent cases  
   116.    Delegation  

   PART 6--ARCHAEOLOGICAL HERITAGE

   117.    Establishment of the Heritage Inventory  
   118.    Content of the Heritage Inventory  
   119.    Removing archaeological sites from the Heritage Inventory  
   120.    Notice of removal of sites from the Heritage Inventory  
   121.    Public availability of the Heritage Inventory  
   122.    Application of Division  
   123.    Offences in relation to certain sites  
   124.    Executive Director may issue consents  
   125.    Compliance with consents  
   126.    Requests for reviews regarding consents  
   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  
   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  
   140.    Recording of notice of covenant or agreement  
   141.    Effect of recording of notice of covenant or agreement  

   PART 8--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  
   152.    Disrepair of registered place or registered object  
   153.    Failure to maintain registered place or registered object  
   154.    Notices to show cause why works should not be carried out  
   155.    Repair orders for the carrying out of works  
   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  
   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  
   165.    Issue of stop orders  
   166.    Service of stop orders  
   167.    Period of stop orders  
   168.    Compliance with stop orders  

   PART 9--WORLD HERITAGE

   169.    Declaration of World Heritage Environs Area  
   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  
   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

   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  
   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  
   215.    Definitions  
   216.    Remedy or restraint of contraventions of this Act  
   217.    Orders of the Supreme Court  
   218.    Infringement notices—general  
   219.    Infringement notices—additional steps  
   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  
   226.    Scope of Division  
   227.    Declaration by the Governor in Council  
   228.    Effect of Governor in Council declaration  
   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  
   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  
   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 13--GENERAL

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

   PART 14--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   257.    Repeal of the Heritage Act 1995  
   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  
   294.    Regulations dealing with transitional matters  
           SCHEDULE 1
           ENDNOTES


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