Victorian Current Acts

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HERITAGE ACT 2017 - SECT 90

Exemption for the purposes of religious services or rites

S. 90(1) amended by No. 5/2023 s. 60(1).

    (1)     Subject to this section, a person may carry out works or activities in relation to the following places or objects for the purposes of religious services or rites without a permit—

        (a)     a registered place which is a place of worship or in the precincts of a place of worship;

        (b)     a registered object which is in a place of worship or in the precincts of a place of worship.

    (2)     Subsection (1) does not apply to a place that was built for purposes other than religious services or rites.

S. 90(3) substituted by No. 5/2023 s. 60(2).

    (3)     The owner of the place or object must give notice of the proposed works or activities to the Executive Director at least 20 business days before the works or activities are to commence.

    (4)     A notice under subsection (3) must—

        (a)     be in the prescribed form; and

S. 90(4)(b) amended by No. 5/2023 s. 60(3).

        (b)     include a declaration by an officer of the place of worship, authorised by the place of worship for that purpose, that the proposed works or activities are required for the purposes of religious services or rites.

S. 90(5) inserted by No. 5/2023 s. 60(4).

    (5)     If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, the Executive Director may notify the owner of the place or object that—

        (a)     the exemption under this section does not apply to the proposed works or activities; and

        (b)     a permit for the proposed works or activities is required.

S. 90(6) inserted by No. 5/2023 s. 60(4).

    (6)     A notice under subsection (5) must be given within 15 business days after the Executive Director receives a notice under subsection (3).

S. 90A inserted by No. 5/2023 s. 61.



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