Western Australian Current Acts
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HERITAGE ACT 2018
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objectives
4. Terms used
5. Term used: cultural heritage significance
6. Term used: owner, in relation to land
7. Term used: place
8. Act binds Crown
9. Places to which Act does not apply
10. Other laws not affected
PART 2 -- The Council
Division 1 -- Constitution of the Council
11. Council established
12. Status
13. Execution of documents by Council
14. Membership and proceedings
15. Co-opted members and role of CEO
16. Remuneration and allowances
Division 2 -- Functions and powers of Council
17. Functions of the Council
18. Powers of Council
19. Delegation by Council
Division 3 -- Relationship with other public authorities
20. Public authorities must assist Council
Division 4 -- Relationship between Minister and Council
21. Administration of this Act
22. Minister’s directions
23. Minister to have access to information
24. Delegation by Minister
Division 5 -- Staff
25. CEO to provide assistance, staff and facilities
26. Use of other government staff and facilities
Division 6 -- Finance
27. Financial Management Act 2006 and Auditor General Act 2006 apply
28. Funds of Council
29. Heritage Fund
30. Borrowing
31. Guarantee by Treasurer
32. Effect of guarantee
33. Notice of financial difficulty
34. Exemption from rates
PART 3 -- The State Register of Heritage Places
Division 1 -- The register
35. The register
36. Form and content of register
Division 2 -- Entry in the register
Subdivision 1 -- Registration conditions
37. Conditions for registration
38. Factors relevant to cultural heritage significance
Subdivision 2 -- Process for entry into register
39. Nomination for entry in the register
40. Review and registration recommendation
41. Direction by Minister
42. Entry in register
Division 3 -- Amendment of register entries
43. Request for amendment of land description in register entry
44. Detailed consideration of amendment to land description
45. Land description amendment direction by Minister
46. Amending land description in register entry
47. Other amendments
Division 4 -- Removal of entries from register
48. Request for removal
49. Detailed consideration of removal
50. Removal direction by Minister
51. Removing entry from register
Division 5 -- Statements of cultural heritage significance
52. Adoption of statement of cultural heritage significance
53. Updating and amending statements of cultural heritage significance
54. Notification of adoption, update or amendment
PART 4 -- Protection orders and repair orders
Division 1 -- Protection orders
55. Consent order
56. Stop work order
57. Continuing protection order
58. Content of protection order
59. Notification of protection order
60. Coming into effect of protection order
61. Duration of protection order
62. Tribunal’s powers as to protection order
Division 2 -- Repair orders
63. Terms used
64. Repair notice
65. Repair order
66. Notification of repair order
67. Standard of works
68. Termination of repair order
69. Tribunal’s powers as to repair order
70. Exclusion of liability
PART 5 -- Proposals affecting places of heritage interest
Division 1 -- Preliminary
71. Terms used
Division 2 -- Referral of proposals
Subdivision 1 -- Proposals that must be referred
72. Proposals to which Subdivision applies
73. Referral of certain proposals to Council
74. Advice on referred proposal
75. Decision on referred proposal
76. Effect on certain proposals and decisions when place becomes registered place
Subdivision 2 -- Proposals that are not required to be referred
77. Decision on certain unreferred proposals
Subdivision 3 -- General
78. Regulations
Division 3 -- Proposed works for which there is no decision-maker
79. Permit for works affecting registered place
80. Tribunal’s powers as to works permit
PART 6 -- Support for conservation
Division 1 -- Valuation of land
81. Land to which this Division applies
82. Valuation of land
83. Request for interim valuation
Division 2 -- Conservation assistance
84. Provision of financial, technical and professional assistance
Division 3 -- Modification of planning instruments
85. Terms used
86. Council may recommend modification order
87. Minister may modify planning instruments
88. Powers of the Tribunal in relation to modification order
PART 7 -- Heritage agreements
89. Terms used
90. Heritage agreements
91. Land to which a heritage agreement may relate
92. Form and content of heritage agreement
93. Implied and model provisions for heritage agreements
94. Termination or variation of heritage agreement
95. Evidential status of certified agreement
96. Record of heritage agreements
97. Notification to Registrar
98. Notification to Mining CEO
99. Notification to Valuer-General
100. Enforcement of heritage agreement by Council or public authority
101. Powers of the Tribunal in relation to heritage agreement
PART 8 -- Local heritage surveys
102. Term used: local heritage survey
103. Local heritage survey
104. Purposes of local heritage survey
105. Guidelines for local heritage surveys
PART 9 -- State government heritage
106. Terms used
107. Guidelines about State government heritage
108. Disposal of heritage assets
PART 10 -- Acquisition and compensation
109. Compulsory acquisition
110. Compensation for compulsory acquisition
111. Tribunal’s powers as to acquisition and compensation decision
112. Acquisition by consent
113. Request for acquisition
PART 11 -- Enforcement
Division 1 -- Inspectors
114. Appointment of inspectors
115. Police officers to have functions of inspectors
116. Identity cards
Division 2 -- Entry and investigation
117. Term used: investigation purposes
118. Entry for investigation purposes
119. General powers for investigation purposes
120. Use of assistance
121. Application for entry warrant
122. Issue of entry warrant
123. Duration of entry warrant
124. Effect of entry warrant
125. Execution of entry warrant
126. Powers to obtain information
127. Obstructing performance of functions
128. Impersonation
Division 3 -- Offences
129. Damaging registered place
130. Contravention of protection order
131. Onus of proof in demolition offences
132. Contravention of repair order
Division 4 -- Orders following offences
133. Restoration order
134. Prohibition order
Division 5 -- Miscellaneous provisions regarding offences
135. Time limit for commencing criminal proceeding
136. Council or authorised person may commence prosecution
137. Compensation order
138. Finding of fact in certain proceedings to be evidence in other proceedings
139. Enforcement of requirement to pay money
140. Continuing offence
141. Requirement to mitigate damage
142. Liability of successors in title
143. Liability of officers for offence by body corporate
145. Liability of principals for offence by agent
146. Liability of employers for offence by employee
147. Agency or employment no defence
148. Defences
149. Offence that is also breach of heritage agreement
Division 6 -- Miscellaneous provisions regarding civil proceedings
150. Action for damages
151. Securing compliance with Act
PART 12 -- Compensation in relation to work prohibition
152. Terms used
153. Application for compensation
154. Recommendation by Minister for compensation
155. Treasurer’s determination if no recommendation by Minister
156. Restriction on claim for compensation
PART 13 -- Miscellaneous
157. No private cause of action
158. Limited effect of processes under the Act
159. Confidentiality
160. Challenge to entry in register
161. Protection from personal liability
162. Fees and charges for recovery of costs by Council
163. Notices and statutory notification
164. Regulations
165. Review of Act
PART 14 -- Repeal, savings and transitional provisions
Division 1 -- Repeal
166. Heritage of Western Australia Act 1990 repealed
Division 2 -- Savings and transitional provisions
167. Terms used
168. Interpretation Act 1984 not affected
169. Council a continuation of former Council
170. Members of former Council continue in office
171. Unfinished proceedings: Council
172. Completion of things commenced
173. Continuing effect of things done
174. First annual report of Council
175. Heritage Fund a continuation of former Heritage Account
176. Heritage Conservation Incentive Account closed
177. Register
178. Interim registration
179. Conservation orders
180. Heritage agreements
181. Local heritage survey
182. Powers in relation to transitional matters
PART 15 -- Amendments to other Acts
183. Building Act 2011 amended
184. Constitution Acts Amendment Act 1899 amended
185. Liquor Control Act 1988 amended
186. Planning and Development Act 2005 amended
163. Application for development of heritage place 126
187. Strata Titles Act 1985 amended
188. Swan Valley Planning Act 1995 amended
Defined terms
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