62W Review of Approved World Heritage Management Plan 65 62X Offence to fail to comply with Approved World Heritage Management Plan 66 62Y Annual report on condition of property 67 68 Division 1—Permits 68 63 Scope of Division 68 64 Certain activities prohibited 68 65 Exemption for liturgical purposes 70 66 Exemptions from permits 70 67 Applications for permits 71 68 Public display of applications 72 69 Submissions 73 70 Executive Director to refer certain applications to the Heritage Council 73 71 Executive Director to notify local authorities 74 72 Action by Heritage Council on application 74 73 Matters to be considered in determining applications 75 74 Issue of permits 77 74A Noncompliance with permit 79 75 Appeals 79 76 Determination of Heritage Council 81 77 Application for review by Tribunal 82 78 Minister's power to call in or refer matter to Tribunal 83 78A National Trust entitled to notice 85 79 Powers of Tribunal on review 85 80 Exercise of call in power by Minister 85 81 Determination of Minister of matter called in from Tribunal 86 82 Repealed 86 83 Applications for permits before registration in urgent cases 87 84 Delegation 87 Division 2—Covenants 88 85 Owner of land may enter covenant with Heritage Council 88 86 Owner may enter covenant with National Trust 88 87 Governor in Council may release covenant 89 88 Notice of covenants 90 89 Heritage Council to consider submissions and make decisions 91 90 Covenant which affects Crown land 91 91 Registration of covenant or agreement 92 92 Effect of registration 92 PART
Division 6—Additional enforcement provisions 163 181 Scope of Division 163 182 Declaration by Governor in Council 164 183 Effect of declaration under section 182 164 183A Powers of court with respect to contravention 164 183B Powers of Executive Director with respect to contravention 166 168 184 Supreme Court—Limitation of jurisdiction 168 185 Regulations generally 168 186 Regulations relating to historic shipwrecks and historic shipwreck relics 169 187 Additional regulation-making powers 171 172 Division 1—General transitional provisions 172 188 General transitional provisions 172 Division 2—Historic Buildings Act 1981 172 189 Definition 172 190 Superseded references 172 191 Historic Buildings Council 174 192 Repealed 174 193 Examinations begun under old Act 175 194 Declaration of heritage places and objects 175 195 Certificates 176 196 Permits 176 197 Submissions to Minister 177 198 Notices and repair orders 177 199 Interim preservation orders 178 200 Covenants 178 201 Historic Buildings Fund 179 202 Guarantees 179 203 Regulations 179 Division 3—Historic Shipwrecks Act 1981 179 204 Definition 179 205 Superseded references 179 206 Repealed 180 207 Provisional declarations 180 208 Consents and permits 181 209 Regulations 182 210 Inspectors 182 211 Proceedings 182
(a) to construct or alter a place or a building on the place; or (b) to demolish or remove a building or works on the place; or (c) to carry out any works on, over or under the place; or (d) to subdivide or consolidate land comprising a place, including the buildings or airspace; or (e) to place or relocate a building or works on a place; or (f) to construct or put up for display signs or hoardings; dispose in relation to an item, includes— (a) any assumption of any of the rights of an owner in relation to that item; and (b) without limiting paragraph (a)— (i) any dealing (whether for reward or not) in that item; and (ii) selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange that item; s. 3 S. 3 def. of Executive Director amended by No. 46/1998 s. 7(Sch. 1). Executive Director means the Executive Director employed under Part 2; function includes power and duty; government building means a building on government land; government land means—
(f) a precinct; and (g) a site; and (h) land associated with any thing specified in paragraphs (a) to (g); S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 80.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; possess in relation to an item, includes— (a) having the custody or control of the item by any means; and (b) controlling access to the item (either alone or in the company or with the assistance of others); protected zone means an area included in the Heritage Register as a protected zone; public authority means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council; registered archaeological place means an area of land included in the Heritage Register as an archaeological place; registered archaeological relic means an object included in the Heritage Register as an archaeological relic; registered object means an object included in the Heritage Register; s. 3 registered place means a place included in the Heritage Register; responsible authority has the same meaning as in the Planning and Environment Act 1987;
shipwrecks regulations means regulations made under section 186; S. 3 def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 38.1(b)). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; Trust means the National Trust of Australia (Victoria); works includes— (a) any physical intervention, excavation or action that may result in a change to the nature, appearance or physical nature of a place; and (b) any change to the natural or existing condition or topography of land; and (c) any removal or destruction of trees; and s. 3 (d) any removal of vegetation or topsoil; S. 3 def. of World Heritage List inserted by No. 105/2004 s. 3. World Heritage List has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; S. 3 def. of World Heritage Environs Area inserted by No. 105/2004 s. 3. World Heritage Environs Area means an area declared to be a World Heritage Environs Area under Part 3A; S. 3 def. of world heritage values inserted by No. 105/2004 s. 3. world heritage values has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
(1) The Heritage Council must consider every application referred to it and must tell the Executive Director in writing, within 30 days or any longer period approved by the Minister, that— (a) it does not object to the issuing of the permit; or (b) it does not object if the permit is subject to the conditions specified by the Heritage Council; or (c) it objects to the issuing of the permit on any specified ground. (2) If an application has been referred to the Heritage Council, the Executive Director must not determine the application until the end of 30 days after the application was referred or, if any longer period was approved by the Minister under subsection (1), that longer period. 73 Matters to be considered in determining applications s. 73 (1) In determining an application for a permit, the Executive Director must consider— S. 73(1)(a) amended by No. 19/2004 s. 19(a). (a) the extent to which the application, if approved, would affect the cultural heritage significance of the registered place or registered object; and S. 73(1)(ab) inserted by No. 105/2004 s. 9. (ab) if the application relates to a listed place or to a registered place or registered object in a World Heritage Environs Area, the extent to which the application, if approved, would affect—
The Executive Director may apply money standing to the credit of the Heritage Fund— (a) to provide assistance generally for the conservation and management of the cultural heritage; S. 137(ab) inserted by No. 105/2004 s. 11. (ab) to provide assistance generally for the conservation and management of any listed place; (b) with the consent of the Heritage Council, in the making of loans and grants under this Act; (c) in payment of any expenses incurred in the administration of this Act; (d) in payment of remuneration and allowances payable to members of the Heritage Council, committees and advisory committees under this Act; (e) in payment of money borrowed by the Heritage Council under this Act and any charges or interest on that borrowing; (f) in payment of money standing to the credit of the Heritage Council in the acquisition of land or objects authorised under this Act; (g) in any other way authorised by this Act. 138 Power of Heritage Council to borrow money (1) The Heritage Council, with the consent of the Minister, may borrow and re-borrow (whether by way of overdraft or otherwise) money from any institution, person or body approved by the Treasurer on the terms and conditions approved by the Treasurer. (2) The Treasurer may execute in favour of any institution, person or body lending money to the
S. 148(1) amended by No. 37/2014 s. 10(Sch. item 80.2). (1) An inspector, other than a police officer in uniform, must produce his or her identity card— (a) if practicable, on each occasion before he or she proceeds to act under this Part; and (b) subject to subsection (3), on demand. S. 148(2) amended by No. 37/2014 s. 10(Sch. item 80.2). (2) Subject to subsection (3), an inspector who is a police officer in uniform must produce his or her identity card on demand. (3) An inspector is not required to produce his or her identity card on demand if to do so would endanger the health or safety of the inspector, but the inspector must in that case produce his or her identity card as soon as practicable after the demand is made. 149 Inspector may demand name and address s. 149 (1) An inspector may require a person to give his or her name and address to the inspector if the inspector reasonably believes that person has committed, or is committing, an offence against this Act or the regulations. (2) Before requiring a person to state his or her name and address, an inspector must— S. 149(2)(a) amended by No. 37/2014 s. 10(Sch. item 80.3). (a) state his or her own name and, unless the inspector is a police officer in uniform, produce his or her identity card and permit it to be inspected by the person; and (b) inform the person of the grounds for his or her belief that the person had committed or was committing an offence, in sufficient detail to allow the person to understand the nature of the offence; and (c) inform the person that he or she is making the requirement under this section.
Ss 171–173 repealed by No. 32/2006 s. 94(Sch. item 26(3)). * * * * * Division 5—Evidence and legal proceedings 174 Service of documents s. 174 (1) A document to be served on or given to a person under this Act or the regulations may be served on or given to the person by— (a) delivering the document to the person; or (b) leaving the document at the person's usual or last known place of residence or business with a person apparently not less than 16 years of age and apparently residing or employed at that place; or (c) sending the document by post addressed to the person at the person's usual or last known place of residence or business or in any other prescribed manner. (2) If a document is to be served on or given to the owner or occupier of any land and the name of that person is not known, the document may be addressed to "the owner" or "the occupier". (3) If a document is to be served on or given to the owner or occupier of any land, the document may be displayed in a conspicuous position on the land if the name and address of the owner are not known and there is no occupier of the land. S. 175 amended by No. 74/2003 s. 10 (ILA s. 39B(1)). 175 Prosecutions of offences s. 175 (1) Despite anything in any Act, proceedings for an offence under this Act may be brought within a period of 3 years after the commission of the alleged offence.
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 80) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the Heritage Act 1995 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.