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HERITAGE AMENDMENT ACT 2023 (NO. 5 OF 2023)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Principal Act
PART 2--AMENDMENTS IN RELATION TO NOTICES, PUBLICATION AND INSPECTION OF DOCUMENTS AND HEARINGS
Division 1--Amendments in relation to notices and publication and inspection of documents
4. Definitions
5. Section 57 substituted
6. Public display of permit applications in certain circumstances
7. Section 121 substituted
8. Notice of draft World Heritage Strategy Plan
9. Section 178 substituted
10. Notice of draft World Heritage Management Plan
11. Section 190 substituted
12. New Part 12A inserted
Division 2--Amendments in relation to hearings conducted by the Heritage Council
13. Definitions
14. Directions about hearings
15. Section 248 substituted and new section 248A inserted
16. General procedure for hearings
17. Persons who may appear before the Heritage Council
18. Failure to attend hearing
PART 3--EXCLUSION DETERMINATIONS
19. Definitions
20. Certain nominations cannot be accepted
21. New section 34A inserted
22. New Division 2A of Part 3 inserted
23. Statement of recommendation
24. New section 306 inserted—transitional provision
PART 4--GENERAL AMENDMENTS
25. Definitions
26. Delegation of powers—Heritage Council
27. Section 27 heading amended
28. New sections 27A and 27B inserted
29. Certain nominations cannot be accepted
30. Executive Director may refuse nominations in certain circumstances
31. Requests for review of the Executive Director's refusal of nomination
32. Sections 31 and 32 repealed
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. Statement of recommendation
40. Notice of recommendation to be published
41. Section 42 amended
42. New sections 42A to 42D inserted
43. Owners of places, objects and land must comply with obligations
44. Submissions to the Heritage Council
45. Consideration of submissions to the Heritage Council
46. New section 46A inserted
47. Section 48 amended
48. Determinations of the Heritage Council
49. New section 49A inserted
50. Minister's call‑in powers
51. New section 52A inserted
52. Notice of registration
53. Section 55 repealed
54. Heritage certificates
55. Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State
56. Discovery of shipwrecks and shipwreck artefacts to be notified
57. Offences in relation to knowingly or recklessly performing certain activities
58. Offences in relation to negligently performing certain activities
59. Offences in relation to performing certain activities
60. Exemption for the purposes of religious services or rites
61. New section 90A inserted
62. Section 91 substituted
63. Other exemptions from permits
64. Permit applications
65. Section 96 amended
66. New sections 96A and 96B inserted
67. Time for determining permit applications
68. Requests for additional information in relation to permit applications
69. Stopping of time for permit applications
70. Submissions by responsible authorities and municipal councils in relation to permit applications
71. Determination of permit applications
72. New section 101A inserted
73. Section 102 substituted and new sections 102A and 102B inserted
74. Section 103 repealed
75. Noncompliance with permit
76. Amendment of permits
77. New sections 105A and 105B inserted
78. Review of the Executive Director's determinations relating to permits
79. Determination of reviews by the Heritage Council
80. Minister's power to call in or refer matter to VCAT
81. New section 112A inserted
82. Exercise of call‑in power by the Minister
83. Powers of the Minister on referral
84. New section 118A inserted
85. Section 119 substituted
86. Section 120 amended
87. Section 123 substituted
88. New section 123A inserted
89. Executive Director may issue consents
90. New sections 124A, 124B and 124C inserted
91. Compliance with consents
92. Requests for reviews regarding consents
93. New section 126A inserted
94. Reporting of investigations and surveys of land
95. Approval of recommendation for a site of archaeological value
96. New section 139A inserted
97. Notices to show cause why works should not be carried out
98. Repair orders for carrying out of works
99. Executive Director may carry out works
100. General powers of entry
101. Heritage Fund
102. New Part 11A heading inserted
103. Statute law revision—section 244
104. New Division 3 of Part 14 inserted
PART 5--REPEAL OF THIS ACT
105. Repeal of this Act
ENDNOTES
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