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Heritage Amendment Bill 2023

                Heritage Amendment Act 2023
                             No.           of 2023


                      TABLE OF PROVISIONS
Clause                                                                    Page

Part 1--Preliminary                                                          1
 1       Purpose                                                            1
 2       Commencement                                                       2
 3       Principal Act                                                      2
Part 2--Amendments in relation to notices, publication and
inspection of documents and hearings                                        3
Division 1--Amendments in relation to notices and publication
and inspection of documents                                                 3
 4       Definitions                                                        3
 5       Section 57 substituted                                             3
 6       Public display of permit applications in certain circumstances     4
 7       Section 121 substituted                                            5
 8       Notice of draft World Heritage Strategy Plan                       5
 9       Section 178 substituted                                            7
 10      Notice of draft World Heritage Management Plan                     7
 11      Section 190 substituted                                            8
 12      New Part 12A inserted                                              8
Division 2--Amendments in relation to hearings conducted by the
Heritage Council                                                            13
 13      Definitions                                                        13
 14      Directions about hearings                                          13
 15      Section 248 substituted and new section 248A inserted              13
 16      General procedure for hearings                                     14
 17      Persons who may appear before the Heritage Council                 15
 18      Failure to attend hearing                                          15
Part 3--Exclusion determinations                                             16
 19      Definitions                                                        16
 20      Certain nominations cannot be accepted                             16
 21      New section 34A inserted                                           16
 22      New Division 2A of Part 3 inserted                                 18
 23      Statement of recommendation                                        24
 24      New section 306 inserted--transitional provision                    24



                                       i
Clause                                                                     Page

Part 4--General amendments                                                    26
 25      Definitions                                                         26
 26      Delegation of powers--Heritage Council                               27
 27      Section 27 heading amended                                          27
 28      New sections 27A and 27B inserted                                   27
 29      Certain nominations cannot be accepted                              29
 30      Executive Director may refuse nominations in certain
         circumstances                                                       30
 31      Requests for review of the Executive Director's refusal of
         nomination                                                          31
 32      Sections 31 and 32 repealed                                         31
 33      Requests for further information regarding nominations              31
 34      Notice of nominations                                               32
 35      Deferral of consideration for nomination                            32
 36      Owner to notify purchaser of nomination and deferral                32
 37      Executive Director recommendations in respect of
         nominations                                                         33
 38      Executive Director recommendations for exempted works or
         activities                                                          34
 39      Statement of recommendation                                         34
 40      Notice of recommendation to be published                            37
 41      Section 42 amended                                                  37
 42      New sections 42A to 42D inserted                                    38
 43      Owners of places, objects and land must comply with
         obligations                                                         41
 44      Submissions to the Heritage Council                                 41
 45      Consideration of submissions to the Heritage Council                42
 46      New section 46A inserted                                            42
 47      Section 48 amended                                                  43
 48      Determinations of the Heritage Council                              43
 49      New section 49A inserted                                            47
 50      Minister's call-in powers                                           47
 51      New section 52A inserted                                            48
 52      Notice of registration                                              48
 53      Section 55 repealed                                                 48
 54      Heritage certificates                                               49
 55      Offence to remove registered shipwrecks, historic shipwrecks,
         registered shipwreck artefacts and historic shipwreck artefacts
         from the State                                                      50
 56      Discovery of shipwrecks and shipwreck artefacts to be notified      50
 57      Offences in relation to knowingly or recklessly performing
         certain activities                                                  51
 58      Offences in relation to negligently performing certain
         activities                                                          51
 59      Offences in relation to performing certain activities               52
 60      Exemption for the purposes of religious services or rites           52



                                      ii
Clause                                                                   Page

 61      New section 90A inserted                                          53
 62      Section 91 substituted                                            55
 63      Other exemptions from permits                                     55
 64      Permit applications                                               56
 65      Section 96 amended                                                56
 66      New sections 96A and 96B inserted                                 58
 67      Time for determining permit applications                          59
 68      Requests for additional information in relation to permit
         applications                                                      59
 69      Stopping of time for permit applications                          60
 70      Submissions by responsible authorities and municipal councils
         in relation to permit applications                                60
 71      Determination of permit applications                              60
 72      New section 101A inserted                                         61
 73      Section 102 substituted and new sections 102A and 102B
         inserted                                                          63
 74      Section 103 repealed                                              64
 75      Noncompliance with permit                                         64
 76      Amendment of permits                                              64
 77      New sections 105A and 105B inserted                               66
 78      Review of the Executive Director's determinations relating to
         permits                                                           69
 79      Determination of reviews by the Heritage Council                  70
 80      Minister's power to call in or refer matter to VCAT               71
 81      New section 112A inserted                                         71
 82      Exercise of call-in power by the Minister                         72
 83      Powers of the Minister on referral                                72
 84      New section 118A inserted                                         73
 85      Section 119 substituted                                           75
 86      Section 120 amended                                               76
 87      Section 123 substituted                                           76
 88      New section 123A inserted                                         78
 89      Executive Director may issue consents                             80
 90      New sections 124A, 124B and 124C inserted                         82
 91      Compliance with consents                                          85
 92      Requests for reviews regarding consents                           86
 93      New section 126A inserted                                         86
 94      Reporting of investigations and surveys of land                   86
 95      Approval of recommendation for a site of archaeological value     88
 96      New section 139A inserted                                         88
 97      Notices to show cause why works should not be carried out         88
 98      Repair orders for carrying out of works                           89
 99      Executive Director may carry out works                            89
 100     General powers of entry                                           90
 101     Heritage Fund                                                     90
 102     New Part 11A heading inserted                                     91
 103     Statute law revision--section 244                                  91



                                     iii
Clause                                         Page

 104      New Division 3 of Part 14 inserted     91
Part 5--Repeal of this Act                        97
 105      Repeal of this Act                     97
                               ═════════════
Endnotes                                         98
 1       General information                     98




                                      iv
      Heritage Amendment Act 2023 
                    No.           of 2023

                           [Assented to                          ]


The Parliament of Victoria enacts:



                 Part 1--Preliminary
     1 Purpose
             The purpose of this Act is to amend the Heritage
             Act 2017--
              (a) in relation to notices, the publication and
                  inspection of documents and hearings; and
              (b) to provide for exclusion determinations; and
              (c) to make other general amendments.




                              1
            Heritage Amendment Act 2023
                   No.    of 2023
                  Part 1--Preliminary


2 Commencement
   (1) Subject to subsection (2), this Act comes into
       operation on a day or days to be proclaimed.
   (2) If a provision of this Act does not come into
       operation before 1 February 2024, it comes into
       operation on that day.
3 Principal Act
       In this Act, the Heritage Act 2017 is called the
       Principal Act.




                          2
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

 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
              In section 3(1) of the Principal Act insert the
              following definitions--
              "personal information has the same meaning as
                   in section 3 of the Privacy and Data
                   Protection Act 2014;
              public availability requirements--see
                   section 254A;".
    5 Section 57 substituted
              For section 57 of the Principal Act substitute--
              "57 Public availability of the Heritage Register
              (1) The Heritage Council must publish and make
                  an up to date copy of the Heritage Register
                  available both--
                     (a) electronically in accordance with the
                         requirements set out in section 254E;
                         and
                     (b) on request in accordance with the
                         requirements set out in section 254D.
              (2) The Executive Director must make an up to
                  date copy of the Heritage Register available
                  on request in accordance with the
                  requirements set out in section 254D.".




                                  3
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

    6 Public display of permit applications in certain
      circumstances
         (1) For section 94(1) of the Principal Act
             substitute--
             "(1) If the Executive Director receives a permit
                  application under section 93 and the
                  Executive Director considers that the
                  proposed works or activities may harm the
                  cultural heritage significance of the place or
                  object, the Executive Director must--
                     (a) cause notice of a permit application to
                         be published in a newspaper circulating
                         generally in the area in which the
                         registered place or registered object is
                         situated; and
                     (b) make a notice of the permit application
                         available electronically in accordance
                         with the requirements set out in
                         section 254C for a period of 14 days
                         beginning on the day on which the
                         notice is published under paragraph (a).
            (1A) A notice under subsection (1)(a) is to be
                 published--
                     (a) as soon as practicable after the
                         Executive Director receives the permit
                         application; or
                     (b) if publication under paragraph (a)
                         would be during the period from
                         24 December to 9 January next
                         following, as soon as practicable after
                         that period ends.".
         (2) In section 94(4) of the Principal Act, for
             "subsection (1)" substitute "subsection (1)(a)".




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                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

         (3) For section 94(6) of the Principal Act
             substitute--
             "(6) For the period of 14 days beginning on the
                  day on which the notice is published under
                  subsection (1)(a), the Executive Director
                  must make a copy of the application
                  available in accordance with the public
                  availability requirements.
            (6A) If the Executive Director makes a copy of an
                 application available electronically under
                 subsection (6), the Executive Director must
                 not disclose personal information about an
                 individual, other than the address of the land
                 subject to the application, without the
                 individual's consent.".
    7 Section 121 substituted
              For section 121 of the Principal Act substitute--
            "121 Public availability of the Heritage
                 Inventory
                    The Executive Director must publish and
                    make an up to date copy of the Heritage
                    Inventory available both--
                     (a) electronically in accordance with the
                         requirements set out in section 254E;
                         and
                     (b) on request in accordance with the
                         requirements set out in section 254D.".
    8 Notice of draft World Heritage Strategy Plan
         (1) For section 171(2)(a) of the Principal Act
             substitute--
             "(a) if the Executive Director intends to make a
                  copy of the draft plan available in person in
                  accordance with the requirements set out in



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                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                    section 254B, the place at which any person
                    may inspect the draft plan; and
             (ab) if the Executive Director intends to make a
                  copy of the draft plan available electronically
                  and on request in accordance with the
                  requirements set out in sections 254C
                  and 254D--
                      (i) the address of the Department's website
                          at which a copy of the draft plan is
                          published; and
                     (ii) the Department's contact details for
                          making a request to inspect a copy of
                          the draft plan; and".
         (2) For section 171(3) of the Principal Act
             substitute--
             "(3) During the inspection period, the Executive
                  Director and the Heritage Council must
                  make an up to date copy of a draft World
                  Heritage Strategy Plan available in
                  accordance with the public availability
                  requirements.
              (4) In calculating a period of time under this
                  section, the period from 24 December to
                  9 January next following is excluded.
              (5) In this section--
                    inspection period means the period--
                            (a) beginning on the day notice of the
                                preparation of the draft World
                                Heritage Strategy Plan is
                                published under subsection (1)(a)
                                or (b), whichever is earlier; and
                           (b) ending on the submission date for
                               the draft plan.".




                                  6
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

    9 Section 178 substituted
              For section 178 of the Principal Act substitute--
            "178 Public availability of Approved World
                 Heritage Strategy Plans
                    The Heritage Council and the Executive
                    Director must make an up to date copy of
                    each Approved World Heritage Strategy Plan
                    available in accordance with the public
                    availability requirements.".
   10 Notice of draft World Heritage Management Plan
         (1) For section 184(2)(b) of the Principal Act
             substitute--
             "(b) if the Executive Director intends to make a
                  copy of the draft plan available in person in
                  accordance with the requirements set out in
                  section 254B, the place at which any person
                  may inspect the draft plan; and
             (ba) if the Executive Director intends to make a
                  copy of the draft plan available electronically
                  and on request in accordance with the
                  requirements set out in sections 254C
                  and 254D--
                      (i) the address of the Department's website
                          at which a copy of the draft plan is
                          published; and
                     (ii) the Department's contact details for
                          making a request to inspect a copy of
                          the draft plan; and".
         (2) For section 184(3) of the Principal Act
             substitute--
             "(3) During the inspection period, the Executive
                  Director must make an up to date copy of a
                  draft World Heritage Management Plan



                                  7
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                    available in accordance with the public
                    availability requirements.
              (4) In calculating a period of time under this
                  section, the period from 24 December to
                  9 January next following is excluded.
              (5) In this section--
                    inspection period means the period--
                            (a) beginning on the day notice of the
                                preparation of the draft World
                                Heritage Management Plan is
                                published under subsection (1)(a)
                                or (b), whichever is earlier; and
                           (b) ending on the submission date for
                               the draft plan.".
   11 Section 190 substituted
              For section 190 of the Principal Act substitute--
            "190 Public availability of Approved World
                 Heritage Management Plans
                    The Executive Director must make an up to
                    date copy of each Approved World Heritage
                    Management Plan available in accordance
                    with the public availability requirements.".
   12 New Part 12A inserted
              After Part 12 of the Principal Act insert--

                "Part 12A--Public availability of
                         documents
           254A Public availability requirements
                    For the purposes of this Act, the Heritage
                    Council or the Executive Director makes a
                    document available in accordance with the
                    public availability requirements if the



                                  8
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                    Heritage Council or the Executive Director
                    makes the document available--
                     (a) in person in accordance with the
                         requirements set out in section 254B; or
                     (b) both--
                            (i) electronically in accordance with
                                the requirements set out in
                                section 254C; and
                           (ii) on request in accordance with
                                the requirements set out in
                                section 254D.
            254B In person inspection requirements
              (1) For the Heritage Council, the requirements
                  for making a document available in person
                  are that the Heritage Council makes a
                  document available for inspection--
                     (a) at the Heritage Council's office; and
                     (b) at any time during the Heritage
                         Council's office hours; and
                     (c) free of charge.
              (2) For the Executive Director, the requirements
                  for making a document available in person
                  are that the Executive Director makes a
                  document available for inspection--
                     (a) at the Department's office; and
                     (b) at any time during the Department's
                         office hours; and
                     (c) free of charge.
           254C Electronic publication requirements
              (1) The requirements for making a document
                  available electronically are that the Heritage
                  Council or Executive Director publishes and



                                  9
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                    makes a document available, free of charge,
                    on the applicable website.
              (2) For the purposes of subsection (1), the
                  applicable website is--
                     (a) for the Heritage Council, a website
                         maintained by or on behalf of the
                         Heritage Council; or
                     (b) for the Executive Director--
                            (i) if the Executive Director has
                                published a notice specifying an
                                address of a website at which a
                                copy of the document is
                                published, the website at that
                                address; or
                           (ii) in any other case, the
                                Department's website.
           254D On request inspection requirements
              (1) For the Heritage Council, the requirements
                  for making a document or the Heritage
                  Register available on request are that the
                  Heritage Council makes the document or
                  Register available for inspection--
                     (a) on the request of any person who wants
                         to inspect the document or Register;
                         and
                     (b) at the Heritage Council's office; and
                     (c) at a time that is--
                            (i) agreed with the person who
                                requests to inspect the document
                                or Register; and
                           (ii) during the Heritage Council's
                                office hours; and
                     (d) free of charge.


                                  10
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

              (2) For the Executive Director, the requirements
                  for making a document, the Heritage
                  Register or Heritage Inventory available on
                  request are that the Executive Director
                  makes the document, Register or Inventory
                  available for inspection--
                     (a) on the request of any person who wants
                         to inspect the document, Register or
                         Inventory; and
                     (b) at the Department's office; and
                     (c) at a time that is--
                            (i) agreed with the person who
                                requests to inspect the document,
                                Register or Inventory; and
                           (ii) during the Department's office
                                hours; and
                     (d) free of charge.
            254E Electronic Heritage Register and Heritage
                 Inventory requirements
              (1) The requirements for making the Heritage
                  Register available electronically are that the
                  Heritage Council makes--
                     (a) the Register searchable, free of charge,
                         on a website maintained by or on behalf
                         of the Heritage Council; and
                     (b) the information on the Register
                         available, free of charge, on a website
                         maintained by or on behalf of the
                         Heritage Council.
              (2) The requirements for making the Heritage
                  Inventory available electronically are that the
                  Executive Director makes--




                                  11
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                     (a) the Inventory searchable, free of
                         charge, on a website maintained by or
                         on behalf of the Department; and
                     (b) the information on the Inventory
                         available, free of charge, on a website
                         maintained by or on behalf of the
                         Department.
            254F Exception to compliance with on request
                 inspection requirements when emergency
                 declaration in force
              (1) The Heritage Council or the Executive
                  Director is not required to make a document,
                  the Heritage Register or the Heritage
                  Inventory available on request in accordance
                  with the requirements set out in section 254B
                  or 254D if, at the time a request to inspect a
                  document, the Register or the Inventory is
                  made--
                     (a) there is an emergency declaration in
                         force; and
                     (b) it is not reasonably practicable for the
                         Heritage Council or Executive Director
                         to do so because of a fact or
                         circumstance arising out of the
                         emergency or serious risk to public
                         health in respect of which the
                         declaration has been made.
              (2) In this section--
                    emergency declaration means--
                            (a) a declaration of a state of disaster
                                under section 23 of the
                                Emergency Management
                                Act 1986; or




                                  12
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                           (b) a pandemic declaration under
                               section 165AB of the Public
                               Health and Wellbeing Act 2008;
                               or
                            (c) a declaration of a state of
                                emergency under section 198 of
                                the Public Health and Wellbeing
                                Act 2008.".

Division 2--Amendments in relation to hearings
       conducted by the Heritage Council
   13 Definitions
              In section 3(1) of the Principal Act insert the
              following definitions--
              "audio link has the same meaning as in
                   section 42C of the Evidence (Miscellaneous
                   Provisions) Act 1958;
              audio visual link has the same meaning as in
                   section 42C of the Evidence (Miscellaneous
                   Provisions) Act 1958;".
   14 Directions about hearings
              In section 247(1)(c) of the Principal Act, after
              "hearings" insert ", including the manner by
              which hearings are conducted, whether in person
              or by audio link or audio visual link".
   15 Section 248 substituted and new section 248A
      inserted
              For section 248 of the Principal Act substitute--
            "248 Hearings to be public
              (1) The Heritage Council must conduct its
                  hearings publicly.




                                  13
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

              (2) Despite subsection (1), the Heritage Council
                  is not required to conduct a hearing, or part
                  of a hearing, publicly if--
                     (a) a person making a submission objects
                         to making the submission publicly; and
                     (b) the Heritage Council is satisfied that the
                         submission is of a confidential nature.
           248A Hearings may be conducted in person or
                by audio link or audio visual link
              (1) A hearing may be conducted--
                     (a) in person; or
                     (b) by audio link or audio visual link.
              (2) For the purposes of section 248(1)--
                     (a) a hearing that is conducted publicly by
                         audio link must be available to be heard
                         by members of the public by audio
                         link--
                            (i) while the hearing is being held; or
                           (ii) as soon as reasonably practicable
                                afterwards; and
                     (b) a hearing that is conducted publicly by
                         audio visual link must be available to
                         be viewed and heard by members of the
                         public by audio visual link--
                            (i) while the hearing is being held; or
                           (ii) as soon as reasonably practicable
                                afterwards.".
   16 General procedure for hearings
              After section 249(3) of the Principal Act insert--
             "(4) The Heritage Council may require a person
                  or the person's representative to appear and
                  be heard--


                                  14
                    Heritage Amendment Act 2023
                           No.    of 2023
Part 2--Amendments in relation to notices, publication and inspection of
                    documents and hearings

                     (a) at a specified time; and
                     (b) in a specified manner, being--
                            (i) in person at a specified location;
                                or
                           (ii) by audio link or audio visual
                                link.".
   17 Persons who may appear before the Heritage
      Council
              For section 250(a) of the Principal Act
              substitute--
             "(a) be self-represented; or".
   18 Failure to attend hearing
              In section 251 of the Principal Act, after
              "a hearing" insert ", including attendance of a
              hearing by audio link or audio visual link,".




                                  15
             Heritage Amendment Act 2023
                    No.    of 2023
            Part 3--Exclusion determinations



   Part 3--Exclusion determinations
19 Definitions
        In section 3(1) of the Principal Act insert the
        following definition--
        "exclusion determination--see section 36A;".
20 Certain nominations cannot be accepted
    (1) After section 28(1) of the Principal Act insert--
      "(1A) In addition, subject to subsection (2), the
            Executive Director cannot accept a
            nomination under this Division if the
            Executive Director, in the preceding 5 years,
            has made an exclusion determination in
            relation to the place or object or the part of
            the place or object.".
    (2) In section 28(2)(a) of the Principal Act, for
        "subsection (1)(a) or (b)" substitute
        "subsections (1)(a) or (b) or (1A)".
21 New section 34A inserted
        After section 34 of the Principal Act insert--
      "34A Effect of decision of Executive Director
           not to make an exclusion determination
        (1) The Executive Director is taken to have
            accepted a nomination of a place or object,
            or part of a place or object, for inclusion in
            the Heritage Register under this Division
            if--
                 (a) the Executive Director has refused to
                     make an exclusion determination in
                     relation to the place or object or part of
                     the place or object, under
                     section 36C(1)(c), and review rights in
                     relation to the decision to refuse are
                     exhausted; or



                            16
    Heritage Amendment Act 2023
           No.    of 2023
   Part 3--Exclusion determinations


     (b) the Heritage Council--
            (i) has set aside a decision of the
                Executive Director to make an
                exclusion determination in
                relation to the place or object or
                part of the place or object; and
           (ii) has substituted a decision to refuse
                to make the exclusion
                determination in relation to the
                place or object or part of the place
                or object.
(2) For the purposes of this Division, the
    Executive Director is taken to have accepted
    the nomination under section 27 on
    whichever of the following days is
    applicable--
     (a) if subsection (1)(a) applies, on the day
         after the day on which the review rights
         were exhausted;
     (b) if subsection (1)(b) applies, on the day
         after the day on which the Heritage
         Council set aside the Executive
         Director's decision.
(3) For the purposes of subsection (1)(a), review
    rights in relation to a decision of the
    Executive Director are exhausted--
     (a) subject to paragraph (b), on the day
         after the end of the period for making
         an application for review; or
     (b) if the decision of the Executive Director
         is affirmed on review, on the day after
         the day on which the decision is
         affirmed.".




                 17
             Heritage Amendment Act 2023
                    No.    of 2023
            Part 3--Exclusion determinations


22 New Division 2A of Part 3 inserted
        After Division 2 of Part 3 of the Principal Act
        insert--

        "Division 2A--Exclusion determinations
       36A Application for an exclusion
           determination
         (1) A prescribed person or body, or a person or
             body included in a prescribed class, may
             make an application to the Executive
             Director for a determination under
             section 36C (an exclusion determination)
             that a place or object not be included in the
             Heritage Register.
         (2) An application for an exclusion
             determination must--
               (a) be made to the Executive Director in
                   the prescribed form; and
              (b) be prepared by a prescribed person; and
               (c) include reasons why the place or object
                   should not be included in the Heritage
                   Register, being reasons based on the
                   assessment criteria published by the
                   Heritage Council; and
              (d) include any other prescribed
                  information; and
               (e) be accompanied by the prescribed fee
                   (if any).
        36B Requests for further information
            regarding application
         (1) The Executive Director, by writing, may
             request that an applicant for an exclusion
             determination provide further information to
             assist the consideration of the application.


                          18
     Heritage Amendment Act 2023
            No.    of 2023
    Part 3--Exclusion determinations


 (2) The applicant must provide any information
     requested by the Executive Director--
       (a) within 30 days after the request; or
       (b) within a longer period agreed to by the
           Executive Director.
 (3) If the applicant does not provide the
     requested information within the period
     referred to in subsection (2), the application
     is taken to have been withdrawn.
36C Decision on application
 (1) After considering an application for an
     exclusion determination in relation to a place
     or object, the Executive Director must--
       (a) make the exclusion determination as
           specified in the application, if the
           Executive Director is satisfied that the
           place or object has no reasonable
           prospect of inclusion in the Heritage
           Register; or
       (b) make an exclusion determination in
           relation to a part of the place or object,
           if the Executive Director is satisfied
           that the part of the place or object has
           no reasonable prospect of inclusion in
           the Heritage Register; or
       (c) refuse to make the exclusion
           determination, if the Executive Director
           is not so satisfied as mentioned in
           paragraph (a) or (b).
 (2) If the Executive Director makes an exclusion
     determination in relation to a place or part of
     a place, the Executive Director may refer the
     determination to the relevant planning
     authority or the Minister administering the
     Planning and Environment Act 1987 to


                  19
     Heritage Amendment Act 2023
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    Part 3--Exclusion determinations


     consider the inclusion of the place, or the
     part of the place, as the case requires, in a
     planning scheme in accordance with the
     objectives set out in section 4(1)(d) of that
     Act.
36D Notice of decision to make or refuse to
    make an exclusion determination
 (1) This section applies if the Executive
     Director--
       (a) decides to make an exclusion
           determination in relation to a place or
           object or part of a place or object; or
      (b) refuses to make an exclusion
          determination in relation to a place or
          object or part of a place or object.
 (2) Within 14 days of the decision, the
     Executive Director must give written notice
     of the decision to the following--
       (a) the applicant;
      (b) the owner of the place or object or the
          part of the place or object;
       (c) the responsible authority for the area in
           which the place or object or the part of
           the place or object is situated;
      (d) if the responsible authority for the area
          in which the place or object or the part
          of the place or object is situated is not a
          municipal council, the relevant
          municipal council.
 (3) The written notice must include--
       (a) reasons for the decision; and




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     Heritage Amendment Act 2023
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    Part 3--Exclusion determinations


      (b) a statement that specifies--
             (i) who has the right to request a
                 review of the decision under
                 section 36E; and
            (ii) the process that will apply if a
                 review of the decision is not
                 requested, or if a decision is made
                 on a review of the decision.
 (4) In the case of a decision to make an
     exclusion determination in relation to a place
     or object or part of a place or object, within
     14 days of the decision, the Executive
     Director must also--
       (a) publish the exclusion determination in a
           newspaper circulating generally in the
           area in which the place or object or the
           part of the place or object is situated;
           and
      (b) make the exclusion determination
          available on the Internet site of the
          Department for a period of at least
          14 days; and
       (c) include with the exclusion
           determination, as published or made
           available, a statement that a person who
           has a real and substantial interest in the
           place or object or the part of the place
           or object has the right to request a
           review of the decision to make the
           exclusion determination.
36E Request for review of decision to make or
    refuse to make an exclusion determination
 (1) If the Executive Director makes or refuses to
     make an exclusion determination in relation
     to a place or object or part of a place or



                  21
    Heritage Amendment Act 2023
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   Part 3--Exclusion determinations


    object, a person who has a real and
    substantial interest in the place or object or
    the part of the place or object, by writing,
    may request the Heritage Council to review
    the Executive Director's decision.
(2) A request under subsection (1) must--
      (a) be made within 28 days after the
          written notice of the Executive
          Director's decision is given; and
     (b) be accompanied by the prescribed fee
         (if any).
(3) If the Executive Director refuses to make an
    exclusion determination in relation to a place
    or object or part of a place or object, the
    applicant for the exclusion determination, by
    writing, may request the Heritage Council to
    review the Executive Director's decision.
(4) A request under subsection (3) must--
      (a) be made within 28 days after the
          written notice of the Executive
          Director's decision is given; and
     (b) be accompanied by the prescribed fee
         (if any).
(5) The Heritage Council, by writing, may
    request that the Executive Director provide
    specified information in relation to the
    Executive Director's decision.
(6) The Executive Director must provide any
    information requested under subsection (5).
36F Decision on review
(1) In determining an application under
    section 36E for review of a decision of the
    Executive Director to make, or refuse to



                 22
    Heritage Amendment Act 2023
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   Part 3--Exclusion determinations


    make, an exclusion determination, the
    Heritage Council may--
      (a) affirm the decision under review; or
     (b) set aside the decision under review and
         make another decision in substitution
         for it; or
      (c) set aside the decision under review and
          remit the matter for reconsideration by
          the Executive Director in accordance
          with any directions or
          recommendations.
(2) The Heritage Council must determine a
    review of a decision by the Executive
    Director within 40 days of receiving a
    request for review.
(3) The Heritage Council must give the
    applicant for review written notice of the
    outcome of a review within 7 days of the
    review, including a written statement of
    reasons for its decision.
(4) In addition to the notice under
    subsection (3), the Heritage Council must
    give written notice of the outcome of a
    review to--
      (a) the owner of the place or object or the
          part of the place or object; and
     (b) the applicant for the exclusion
         determination concerned (if they are
         not notified under subsection (3)); and
      (c) the responsible authority for the area in
          which the place or object or the part of
          the place or object is situated and, if the
          responsible authority is not a municipal
          council, the relevant municipal council;
          and


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             Heritage Amendment Act 2023
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            Part 3--Exclusion determinations


               (d) the Executive Director.".
23 Statement of recommendation
    (1) For section 40(1)(b) of the Principal Act
        substitute--
        "(b) in the case of a nomination that has been
             made by a person or body, the nominator of
             the place or object; and
        (ba) in the case of a nomination that the
             Executive Director is taken to have accepted
             under section 34A(1), the applicant for the
             exclusion determination concerned; and".
    (2) In section 40(3)(f) of the Principal Act, before "of
        sections" insert "or, if the Executive Director is
        taken to have accepted the nomination under
        section 34A(1), the applicant for the exclusion
        determination concerned,".
24 New section 306 inserted--transitional provision
        At the end of Part 14 of the Principal Act insert--
       "306 Exclusion determinations
         (1) This section applies to a nomination of a
             place or object or a part of a place or object
             for inclusion in the Heritage Register if--
               (a) the nomination was made before the
                   commencement of Part 3 of the
                   Heritage Amendment Act 2023; and
               (b) an application is made for an exclusion
                   determination in relation to the place or
                   object, for an exclusion determination
                   that covers all or any of the place or
                   object; and
               (c) on the day of the application for the
                   exclusion determination (the
                   application day), a recommendation



                          24
    Heritage Amendment Act 2023
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   Part 3--Exclusion determinations


          under section 37 had not been made in
          relation to the nomination.
(2) The nomination of the place or object or the
    part of the place or object for inclusion in the
    Heritage Register is taken to be withdrawn,
    on and from the application day, to the extent
    that it overlaps with the application for the
    exclusion determination.
(3) In deciding under section 36C whether or not
    to make an exclusion determination in
    relation to the place or object, the Executive
    Director must have regard to any information
    provided in relation to the nomination of the
    place or object for inclusion in the Heritage
    Register.".




                 25
             Heritage Amendment Act 2023
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             Part 4--General amendments



     Part 4--General amendments
25 Definitions
        In section 3(1) of the Principal Act--
         (a) insert the following definitions--
             "building permit means a building permit
                  issued under the Building Act 1993;
             business day means a day other than--
                    (a) a Saturday or a Sunday; or
                   (b) a day appointed under the Public
                       Holidays Act 1993 as a public
                       holiday or public half-holiday;
             planning permit means a permit issued
                 under the Planning and Environment
                 Act 1987;
             show cause notice means a notice served
                 under section 154(2);
             statement of recommendation period means
                  the period beginning on the day on
                  which a statement of recommendation
                  is given under section 40(1) and ending
                  on the day on which either of the
                  following occurs--
                    (a) a determination is made under
                        section 49 or 52 to not include the
                        place, object or land in the
                        Heritage Register;
                   (b) the place or part of the place, or
                       object or land, is included in the
                       Heritage Register;";
         (b) in the definition of Department, for
             "Environment, Land, Water" substitute
             "Transport";



                         26
             Heritage Amendment Act 2023
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              Part 4--General amendments


         (c) in the definition of relevant survey purpose,
             in paragraph (a), for "finding" substitute
             "discovering";
         (d) the definition of sea is repealed.
26 Delegation of powers--Heritage Council
        Section 15(1)(d) of the Principal Act is repealed.
27 Section 27 heading amended
        In the heading to section 27 of the Principal Act,
        after "Nominations" insert "of place or object".
28 New sections 27A and 27B inserted
        After section 27 of the Principal Act insert--
      "27A Nominations of objects integral to places
        (1) A person (including the Executive Director)
            or body may nominate for inclusion in the
            Heritage Register an object that is integral to
            understanding the cultural heritage
            significance of--
              (a) a registered place; or
              (b) a place that is the subject of a
                  nomination under section 27 which has
                  not been determined.
        (2) A nomination under subsection (1) may be
            made--
              (a) in respect of an object whether or not
                  the object is located at the place or
                  under the place; or
              (b) in respect of all archaeological artefacts
                  associated with the place whether or not
                  the number, nature or exact location of
                  the archaeological artefacts is known;
                  or




                         27
     Heritage Amendment Act 2023
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      Part 4--General amendments


       (c) without the extraction of the object
           from the place.
 (3) A nomination under subsection (1) must be
     made in the prescribed form.
27B Nominations of additional land
 (1) A person (including the Executive Director)
     or body may nominate for inclusion in the
     Heritage Register additional land as part
     of--
       (a) a registered place; or
      (b) a place that is the subject of a
          nomination under section 27 which has
          not been determined.
 (2) Additional land may be nominated under
     subsection (1) if--
       (a) the State-level cultural heritage
           significance of the place would be
           substantially less if the additional land
           or any part of the additional land which
           is or has been used in conjunction with
           the place were developed; or
      (b) the additional land surrounds the place
          and--
            (i) is important to the protection or
                conservation of the place; or
            (ii) contributes to the understanding of
                 the place.
 (3) A nomination under subsection (1) must be
     made in the prescribed form.
 (4) A nomination may be accepted under this
     section whether or not the additional land is
     under the same ownership as the place.".




                 28
             Heritage Amendment Act 2023
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              Part 4--General amendments


29 Certain nominations cannot be accepted
    (1) For section 28(1) of the Principal Act
        substitute--
        "(1) Subject to subsection (2), the Executive
             Director cannot accept a nomination under
             this Division if--
              (a) the Executive Director, in the preceding
                  5 years, has refused a nomination in
                  relation to the same or substantially the
                  same place, object or land on the
                  grounds that the nominated place,
                  object or land has no reasonable
                  prospect of inclusion in the Heritage
                  Register; or
              (b) the Heritage Council, in the preceding
                  5 years--
                    (i) has refused to register the place or
                        object following a nomination
                        under section 27 or 27A; or
                   (ii) has removed the place or object
                        from the Heritage Register; or
                   (iii) has refused to include the land
                         following a nomination under
                         section 27B as part of a place in
                         the Heritage Register; or
                   (iv) has amended the Heritage Register
                        to remove the land from a
                        registered place; or
              (c) the Minister, in the preceding 5 years,
                  has refused to--
                    (i) register the place or object
                        following a nomination under
                        section 27 or 27A; or




                         29
             Heritage Amendment Act 2023
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              Part 4--General amendments


                    (ii) include the land following a
                         nomination under section 27B as
                         part of a place in the Heritage
                         Register.".
    (2) In section 28(2) of the Principal Act, for "place or
        object" (wherever occurring) substitute
        "place, object or land".
30 Executive Director may refuse nominations in
   certain circumstances
    (1) In section 29(1) of the Principal Act--
         (a) omit "of a place or object";
         (b) for "nominated place or object" substitute
             "nominated place, object or land".
    (2) In section 29(2) of the Principal Act, for
        "nominator of the place or object" substitute
        "person or body that made the nomination".
    (3) In section 29(3)(b) of the Principal Act, for
        "nominator" substitute "person or body that made
        the nomination".
    (4) For section 29(4) of the Principal Act
        substitute--
        "(4) In addition to the notice under
             subsection (2), the Executive Director must
             give written notice of the refusal of the
             nomination to--
               (a) the owner of the place, object or land;
                   and
               (b) the responsible authority for the area in
                   which the place, object or land is
                   situated and, if the responsible authority
                   is not a municipal council, the relevant
                   municipal council.".




                         30
              Heritage Amendment Act 2023
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31 Requests for review of the Executive Director's
   refusal of nomination
     (1) In section 30(1) of the Principal Act, for
         "The nominator of a place or object" substitute
         "A person or body".
     (2) In section 30(5)(c) of the Principal Act omit
         "subject to subsection (6),".
     (3) Section 30(6) of the Principal Act is repealed.
     (4) For section 30(9) of the Principal Act
         substitute--
        "(9) In addition to the notice under
             subsection (8), the Heritage Council must
             give written notice of the outcome of a
             review to--
               (a) the owner of the place, object or land;
                   and
               (b) the responsible authority for the area in
                   which the place, object or land is
                   situated and, if the responsible authority
                   is not a municipal council, the relevant
                   municipal council; and
               (c) the Executive Director.".
32 Sections 31 and 32 repealed
         Sections 31 and 32 of the Principal Act are
         repealed.
33 Requests for further information regarding
   nominations
         In section 33 of the Principal Act--
          (a) in subsection (1), for "nominating a place or
              object for inclusion in the Heritage Register"
              substitute "that made a nomination under
              this Division";




                          31
             Heritage Amendment Act 2023
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              Part 4--General amendments


         (b) in subsection (2), for "nominating a place or
             object" substitute "that made the
             nomination".
34 Notice of nominations
        In section 34(1) of the Principal Act--
         (a) omit "of a place or object";
         (b) in paragraph (a), for "nominator of the place
             or object" substitute "person or body that
             made the nomination";
         (c) in paragraphs (b) and (c), for "place or
             object" substitute "place, object or land".
35 Deferral of consideration for nomination
        In section 35 of the Principal Act--
         (a) for "place or object" substitute
             "place, object or land";
         (b) for "land or object" substitute "place, object
             or land".
36 Owner to notify purchaser of nomination and
   deferral
        In section 36 of the Principal Act--
         (a) in subsection (1)--
               (i) for "place or object" substitute
                   "place, object or land";
              (ii) for "the place or object" substitute
                   "the place, object or land";
         (b) in subsection (2), for "place or object"
             substitute "place, object or land".




                         32
             Heritage Amendment Act 2023
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              Part 4--General amendments


37 Executive Director recommendations in respect of
   nominations
        For section 37 of the Principal Act substitute--
        "37 Executive Director recommendations in
            respect of nominations
         (1) After considering a nomination under
             Division 2 and any further information
             provided under section 33, the Executive
             Director must recommend to the Heritage
             Council--
              (a) that the place or object should be
                  included in the Heritage Register, and
                  the category or categories in which it
                  should be included; or
              (b) that the land should be included in the
                  Heritage Register as part of a place; or
              (c) that part of the place or object should
                  be included in the Heritage Register,
                  and the category or categories in which
                  it should be included; or
              (d) that part of the land should be included
                  in the Heritage Register as part of a
                  place; or
              (e) that the place or object should not be
                  included in the Heritage Register; or
               (f) that the land should not be included in
                   the Heritage Register as part of a place.
         (2) If the Executive Director makes a
             recommendation that a place, or part of a
             place, should not be included in the Heritage
             Register, the Executive Director may refer
             the nomination to the relevant planning
             authority or the Minister administering the
             Planning and Environment Act 1987 to



                         33
             Heritage Amendment Act 2023
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              Part 4--General amendments


             consider the inclusion of the place or part of
             the place in a planning scheme in accordance
             with the objectives set out in section 4(1)(d)
             of that Act.".
38 Executive Director recommendations for exempted
   works or activities
    (1) In section 38(1) of the Principal Act, for "place or
        object" (where twice occurring) substitute "place,
        object or land".
    (2) In section 38(2) of the Principal Act, for "place or
        object" substitute "place, object or land".
    (3) In section 38(3) of the Principal Act, for "place or
        object" substitute "place, object or land".
39 Statement of recommendation
    (1) In section 40(1) of the Principal Act--
         (a) for "place or object" (where first occurring)
             substitute "place, object or land";
         (b) in paragraph (a), for "place or object"
             substitute "place, object or land";
         (c) in paragraph (b), for "nominator of the place
             or object" substitute "person or body that
             made the nomination";
         (d) in paragraph (c), for "place or object"
             substitute "place, object or land".
    (2) In section 40(3) of the Principal Act--
         (a) in paragraphs (b) and (e), for "place or
             object" substitute "place, object or land";
         (b) in paragraph (f)--
               (i) for "and nominator of the place or
                   object" substitute "of the place, object
                   or land and the person or body that
                   made the nomination";



                         34
         Heritage Amendment Act 2023
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         Part 4--General amendments


          (ii) for "46 and 49" substitute "46, 46A
               and 49";
     (c) for paragraph (g) substitute--
         "(g) a summary of the rights and obligations
              under this Act that would apply to the
              owner of the place, object or land that
              is the subject of the Executive
              Director's recommendation, if that
              place, object or land is included in the
              Heritage Register.".
(3) After section 40(3) of the Principal Act insert--
 "(3A) For the purposes of subsection (3)(c), a
       statement of recommendation must also
       include the following--
          (a) for a place or object nominated under
              section 27, an assessment of the
              State-level cultural heritage
              significance of the place or object;
          (b) for an object nominated under
              section 27A, an assessment of whether
              the object is integral to understanding
              the cultural heritage significance of a
              registered place or a place nominated
              under section 27;
          (c) for land nominated under
              section 27B--
                (i) an assessment of whether the
                    State-level cultural significance of
                    the place would be substantially
                    less if the additional land or any
                    part of the additional land which is
                    or has been used in conjunction
                    with the place were developed; or




                     35
         Heritage Amendment Act 2023
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          Part 4--General amendments


               (ii) if the additional land surrounds
                    the place, whether it is important
                    to the protection or conservation
                    of the place or contributes to the
                    understanding of the place.".
(4) For section 40(4) of the Principal Act
    substitute--
   "(4) In addition, a statement of recommendation
        must contain the following information if the
        Executive Director recommends that a place
        or object should be included in the
        Register--
          (a) for a place or object nominated under
              section 27, a summary of the
              State-level cultural heritage
              significance of the place or object and
              the category or categories of the
              Register in which the place or object is
              to be registered;
          (b) for an object nominated under
              section 27A, a summary of how the
              object is integral to understanding the
              cultural heritage significance of a
              registered place or a place nominated
              under section 27;
          (c) for land nominated under
              section 27B--
                (i) a summary of how the State-level
                    cultural significance of the place
                    would be substantially less if the
                    additional land or any part of the
                    additional land which is or has
                    been used in conjunction with the
                    place were developed; or




                     36
             Heritage Amendment Act 2023
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              Part 4--General amendments


                    (ii) if the additional land surrounds
                         the place, a summary of how it is
                         important to the protection or
                         conservation of the place or
                         contributes to the understanding of
                         the place;
               (d) any recommendations made under
                   section 38 in relation to the works or
                   activities with respect to the place,
                   object or land and an invitation for
                   submissions from the owner in relation
                   to those recommendations.".
    (5) In section 40(5) of the Principal Act, for "object or
        place" substitute "place, object or land".
40 Notice of recommendation to be published
        In section 41 of the Principal Act, for "place or
        object" (where twice occurring) substitute
        "place, object or land".
41 Section 42 amended
    (1) In the heading to section 42 of the Principal Act,
        for "of places and objects" substitute "--to
        advise of works, permits etc. on foot when
        statement of recommendation given".
    (2) In section 42(1) of the Principal Act--
         (a) for "place or object" (where first occurring)
             substitute "place, object or land";
         (b) in paragraph (a), for "place or object"
             substitute "place, object or land";
         (c) for paragraph (b) substitute--
              "(b) if the place, object or land is a place or
                   additional land, any application for a
                   planning permit or a building permit, or
                   any application for an amendment to a
                   planning permit or a building permit,


                          37
              Heritage Amendment Act 2023
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              Part 4--General amendments


                   that has been made in relation to the
                   place or additional land but not
                   determined at the time the statement is
                   given; and";
         (d) in paragraph (c), for "place or object"
             substitute "place, object or land".
    (3) Section 42(3), (4), (5), (6), (7), (8) and (9) of the
        Principal Act are repealed.
42 New sections 42A to 42D inserted
        After section 42 of the Principal Act insert--
      "42A Obligations of owners before
           determination or inclusion in the Heritage
           Register--to advise of permits
         (1) This section applies if--
               (a) an owner of any of the following is
                   given a statement of recommendation--
                     (i) a place or object nominated under
                         section 27;
                     (ii) an object nominated under
                          section 27A;
                    (iii) land nominated under
                          section 27B; and
               (b) any of the following occurs within the
                   statement of recommendation period in
                   relation to the place, object or land--
                     (i) the making of an application for a
                         planning permit or a building
                         permit;
                     (ii) the making of an application for
                          an amendment to a planning
                          permit or a building permit;
                    (iii) the grant of a planning permit or
                          building permit;


                          38
     Heritage Amendment Act 2023
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      Part 4--General amendments


           (iv) the grant of an amendment to a
                planning permit or building
                permit.
 (2) The owner must advise the Executive
     Director in writing of--
      (a) the making of an application referred to
          in subsection (1)(b)(i) or (ii), within
          10 days of the making of the
          application; or
      (b) a grant referred to in subsection
          (1)(b)(iii) or (iv), within 10 days of the
          owner becoming aware of the grant.
42B Obligations of owners before
    determination or inclusion in the Heritage
    Register--to advise of activities
 (1) This section applies if--
      (a) an owner of a place, object or land is
          given a statement of recommendation;
          and
      (b) within the statement of
          recommendation period it is proposed
          that activities that could harm the place,
          object or land be carried out.
 (2) The owner, not less than 10 days before
     carrying out the activities, must advise the
     Executive Director in writing of the proposal
     to do so.
42C Obligations of owners before
    determination or inclusion in the Heritage
    Register--to advise of proposal to dispose
 (1) This section applies if--
      (a) an owner of a place, object or land is
          given a statement of recommendation;
          and


                 39
     Heritage Amendment Act 2023
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      Part 4--General amendments


      (b) within the statement of
          recommendation period a proposal is
          made to dispose of the whole or any
          part of the place, object or land.
 (2) The owner, within 10 days after entering into
     an agreement, arrangement or understanding
     for the disposal of the whole or any part of
     the place, object or land, must advise the
     Executive Director in writing of the proposal
     to do so.
42D Obligations of owners before
    determination or inclusion in the Heritage
    Register--requirement to give statement
    to purchaser
 (1) This section applies if--
       (a) an owner of a place, object or land is
           given a statement of recommendation;
           and
      (b) the owner proposes to dispose of the
          whole or any part of the place, object or
          land within the statement of
          recommendation period.
 (2) Before entering into an agreement,
     arrangement or understanding to dispose of
     the whole or any part of the place, object or
     land during the statement of recommendation
     period, the owner must give a copy of the
     statement of recommendation to the person
     who, under the proposed agreement,
     arrangement or understanding, is to acquire
     the place, object or land or part of the place,
     object or land.".




                 40
             Heritage Amendment Act 2023
                    No.    of 2023
              Part 4--General amendments


43 Owners of places, objects and land must comply
   with obligations
    (1) In the heading to section 43 of the Principal Act,
        for "places and objects" substitute "places,
        objects and land".
    (2) In section 43 of the Principal Act, for "place or
        object to whom section 42 applies must comply
        with that section." substitute "place, object or
        land who is subject to an obligation under section
        42, 42A, 42B, 42C or 42D must comply with that
        obligation.".
44 Submissions to the Heritage Council
    (1) In section 44(1) and (3) of the Principal Act, for
        "place or object" substitute "place, object or
        land".
    (2) For section 44(4) of the Principal Act
        substitute--
        "(4) A submission must relate to--
               (a) for a place or object nominated under
                   section 27, whether or not the place or
                   object is of State-level cultural heritage
                   significance; or
               (b) for an object nominated under
                   section 27A, whether or not the object
                   is integral to understanding the cultural
                   heritage significance of a registered
                   place or a place nominated under
                   section 27; or
               (c) for land nominated under
                   section 27B--
                     (i) whether or not the State-level
                         cultural significance of the place
                         would be substantially less if the
                         additional land or any part of the



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                        additional land which is or has
                        been used in conjunction with the
                        place were developed; or
                   (ii) if the additional land surrounds
                        the place, whether or not it is
                        important to the protection or
                        conservation of the place or
                        contributes to the understanding of
                        the place; or
              (d) any recommendation under section 37,
                  38 or 39 in relation to the place, object
                  or land.".
45 Consideration of submissions to the Heritage
   Council
        Section 46(2) and (3) of the Principal Act are
        repealed.
46 New section 46A inserted
        After section 46 of the Principal Act insert--
       "46A Conduct of hearings by Heritage Council
            in relation to a recommendation
         (1) The Heritage Council may conduct a hearing
             in relation to a recommendation under
             section 37, 38 or 39 in any circumstances
             that the Heritage Council considers
             appropriate.
         (2) The Heritage Council must conduct a
             hearing if--
              (a) a submission made to it under
                  section 44 includes a request for a
                  hearing before the Heritage Council;
                  and




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               (b) the submission is made by a person or
                   body with a real or substantial interest
                   in the place, object or land that is the
                   subject of the submission.".
47 Section 48 amended
    (1) In the heading to section 48 of the Principal Act,
        for "place or object" substitute "place, object or
        land".
    (2) In section 48(1) and (2) of the Principal Act, for
        "place or object" (where twice occurring)
        substitute "place, object or land".
    (3) In section 48(3) of the Principal Act, for "place or
        object" substitute "place, object or land".
48 Determinations of the Heritage Council
    (1) In section 49(1) of the Principal Act--
         (a) for "place or object" (where first occurring)
             substitute "place, object or land";
         (b) omit "into the submissions";
         (c) in paragraph (a), for "the place or part of the
             place, or object," substitute "the place or
             object";
         (d) after paragraph (a) insert--
            "(ab) in the case of a place, determine that--
                     (i) part of the place is of State-level
                         cultural heritage significance and
                         is to be included in the Heritage
                         Register; and
                    (ii) part of the place is not of
                         State-level cultural heritage
                         significance and is not to be
                         included in the Heritage Register;
                         or




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    (ac) in the case of an object, determine
         that--
           (i) part of the object is of State-level
               cultural heritage significance and
               is to be included in the Heritage
               Register; and
          (ii) part of the object is not of
               State-level cultural heritage
               significance and is not to be
               included in the Heritage Register;
               or";
(e) in paragraph (b), for "the place or part of the
    place, or object," substitute "the place or
    object";
(f) in paragraph (c)--
      (i) after "the place" (where first occurring)
          insert "or part of the place";
     (ii) for subparagraph (i) substitute--
          "(i) refer the recommendation and any
               submissions to the relevant
               planning authority or the Minister
               administering the Planning and
               Environment Act 1987 to
               consider the inclusion of the place
               or part of the place in a planning
               scheme in accordance with the
               objectives set out in
               section 4(1)(d) of that Act; or";
    (iii) in subparagraph (ii), after "the place"
          insert "or part of the place";
(g) for paragraph (d) substitute--
   "(ca) in the case of a recommendation in
         respect of an object nominated under
         section 27A, determine that the object,



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              or part of the object, is to be included in
              the Heritage Register if it is integral to
              understanding the cultural heritage
              significance of a registered place or a
              place the Heritage Council has
              determined to be included in the
              Heritage Register; or
          (d) in the case of a recommendation in
              respect of additional land nominated
              under section 27B, determine that the
              additional land, or any part of the
              additional land, is to be included in the
              Heritage Register if--
                (i) the State-level cultural heritage
                    significance of the place, or part
                    of the place, would be
                    substantially less if the additional
                    land or any part of the additional
                    land which is or has been used in
                    conjunction with the place were
                    developed; or
               (ii) the additional land or any part of
                    the additional land surrounding
                    the place, or part of the place, is
                    important to the protection or
                    conservation of the place or
                    contributes to the understanding of
                    the place.";
     (h) paragraph (e) is repealed.
(2) In section 49(2)(b) of the Principal Act omit
    "into the written submissions".




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(3) For section 49(3) of the Principal Act
    substitute--
   "(3) A determination made under
        subsection (1)(a), (ab), (ac), (ca) or (d)--
          (a) may include categories of works or
              activities which may be carried out in
              relation to a place, object or land, or
              part of a place, object or land, for which
              a permit under this Act is not required,
              if the Heritage Council considers that
              the works or activities would not harm
              the cultural heritage significance of the
              place, object or land; and
          (b) must include a statement of the reasons
              for the making of the determination.".
(4) For section 49(4) of the Principal Act
    substitute--
   "(4) If the Heritage Council determines to include
        a place, or part of a place, in the Heritage
        Register, the Heritage Council may also
        determine to include land that is not the
        subject of a nomination under section 27B in
        the Heritage Register as part of the place if--
          (a) the land is ancillary to the place; and
          (b) the person who owns the place, or part
              of the place--
                (i) is the owner of the land; and
               (ii) consents to its inclusion.".




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49 New section 49A inserted
        After section 49 of the Principal Act insert--
       "49A Notice to the owner or government asset
            manager
         (1) The Heritage Council must give written
             notice of any determination of the Heritage
             Council under section 49 in relation to a
             place, object or land, and of any works or
             activities which the Heritage Council has
             determined under section 49(3) may be
             carried out in relation to a place, object or
             land without a permit under Part 5, to--
               (a) the owner or government asset manager
                   of the place, object or land; and
               (b) the Executive Director.
         (2) A notice under subsection (1) must be given
             within 7 days after the day on which the
             determination is made.".
50 Minister's call-in powers
        In section 50 of the Principal Act--
         (a) in subsection (1), for "section 39" substitute
             "section 49";
         (b) for subsection (2)(b) substitute--
              "(b) must not--
                     (i) consider, or continue to consider,
                         the recommendation; or
                    (ii) make a determination.".




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51 New section 52A inserted
         After section 52 of the Principal Act insert--
       "52A Notice to the owner or government asset
            manager
         (1) The Minister must give written notice of any
             determination of the Minister under
             section 52, and of any works or activities
             which the Minister has determined under
             section 52 may be carried out in relation to a
             place, object or land without a permit under
             Part 5, to--
                (a) the owner or government asset manager
                    of the place, object or land; and
                (b) the Executive Director.
         (2) A notice under subsection (1) must be given
             within 7 days after the day on which the
             determination is made.".
52 Notice of registration
     (1) In section 53(1), (2) and (4) of the Principal Act,
         for "place or object" substitute "place, object or
         additional land".
     (2) For section 53(3) of the Principal Act
         substitute--
        "(3) The notice must specify--
                (a) the category or categories of the
                    Heritage Register, or the record of the
                    Heritage Register, to which the place or
                    object is included; or
                (b) in the case of additional land, the place
                    to which the land forms part of.".
53 Section 55 repealed
         Section 55 of the Principal Act is repealed.



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54 Heritage certificates
        For section 58(3)(d) of the Principal Act
        substitute--
        "(d) whether or not a nomination has been made
             for inclusion of the place or object in the
             Heritage Register and, if a nomination has
             been made, whether or not the following
             things have occurred in respect of the
             nomination--
               (i) the Executive Director has not accepted
                   the nomination under section 28(1)(a),
                   (b) or (c) or (1A);
              (ii) the Executive Director has refused the
                   nomination under section 29 and the
                   date on which the refusal occurred;
              (iii) the Executive Director has given
                    written notice of accepting the
                    nomination under section 34;
              (iv) the nomination has been withdrawn;
              (v) at the date the certificate is issued the
                  nomination has not been determined;
        (da) whether or not an application for exclusion
             has been made under section 36A and, if an
             application has been made, whether or not
             the following things have occurred in respect
             of the application--
               (i) the Executive Director has made the
                   exclusion determination and the date on
                   which the determination was made;
              (ii) the Executive Director has refused to
                   make the exclusion determination and
                   the date on which the refusal occurred;




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               (iii) the Heritage Council has been
                     requested to review the Executive
                     Director's decision to make, or refuse to
                     make, an exclusion determination;
               (iv) the Heritage Council has affirmed or set
                    aside the Executive Director's decision
                    to make, or refuse to make, an
                    exclusion determination;".
55 Offence to remove registered shipwrecks, historic
   shipwrecks, registered shipwreck artefacts and
   historic shipwreck artefacts from the State
     (1) For section 73(1) of the Principal Act
         substitute--
        "(1) A person must not remove any registered
             shipwreck, historic shipwreck, registered
             shipwreck artefact or historic shipwreck
             artefact from the State otherwise than in
             accordance with--
                (a) an action required under section 72; or
                (b) any terms and conditions of a permit
                    issued by the Executive Director under
                    section 77.
              Penalty: In the case of a natural person,
                       240 penalty units;
                         In the case of a body corporate,
                         480 penalty units.".
     (2) In section 73(2) of the Principal Act, after
         "accordance with" insert "an action required
         under section 72 or".
56 Discovery of shipwrecks and shipwreck artefacts to
   be notified
     (1) In section 80(1) of the Principal Act, for "finds"
         substitute "discovers".



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     (2) In section 80(4)(a) and (5) of the Principal Act,
         for "found" substitute "discovered".
57 Offences in relation to knowingly or recklessly
   performing certain activities
         In section 87(4) of the Principal Act--
          (a) in paragraph (a), after "under" insert "Part 4
              or";
          (b) after paragraph (c) insert--
             "(ca) that are specified in a show cause
                   notice and which are carried out
                   consistently with the show cause
                   notice; or
              (cb) carried out in accordance with a repair
                   order; or
              (cc) carried out in accordance with a
                   rectification order; or".
58 Offences in relation to negligently performing
   certain activities
         In section 88(4) of the Principal Act--
          (a) in paragraph (a), after "under" insert "Part 4
              or";
          (b) after paragraph (c) insert--
             "(ca) that are specified in a show cause
                   notice and which are carried out
                   consistently with the show cause
                   notice; or
              (cb) carried out in accordance with a repair
                   order; or
              (cc) carried out in accordance with a
                   rectification order; or".




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59 Offences in relation to performing certain activities
         In section 89(4) of the Principal Act--
          (a) in paragraph (a), after "under" insert "Part 4
              or";
          (b) after paragraph (c) insert--
             "(ca) that are specified in a show cause
                   notice and which are carried out
                   consistently with the show cause
                   notice; or
              (cb) carried out in accordance with a repair
                   order; or
               (cc) carried out in accordance with a
                    rectification order; or".
60 Exemption for the purposes of religious services or
   rites
     (1) In section 90(1) of the Principal Act, for "any
         alterations" substitute "works or activities in
         relation".
     (2) For section 90(3) of the Principal Act
         substitute--
        "(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.".
     (3) In section 90(4)(b) of the Principal Act, for "the
         alteration is" substitute "the proposed works or
         activities are".
     (4) After section 90(4) of the Principal Act insert--
        "(5) If the Executive Director is not satisfied that
             the proposed works or activities are for the
             purposes of religious services or rites, the




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             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.
        (6) A notice under subsection (5) must be given
            within 15 business days after the Executive
            Director receives a notice under
            subsection (3).".
61 New section 90A inserted
        After section 90 of the Principal Act insert--
      "90A Requests for additional information in
           relation to exemption for the purposes of
           religious services or rites
        (1) The Executive Director may request an
            owner to provide any additional information
            that the Executive Director considers
            necessary to determine if the proposed works
            or activities are for the purposes of religious
            services or rites.
        (2) A request under subsection (1) must be made
            in writing and include the following
            information--
              (a) a description of the information to be
                  provided;
              (b) the date by which the information must
                  be provided, being a date which is at
                  least 30 days after the request;




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      (c) a statement that the notice given under
          section 90(3) will cease to have effect if
          the information is not provided by that
          date.
(3) The owner may request the Executive
    Director to grant an extension of time to
    provide the requested information.
(4) The Executive Director must--
      (a) agree or refuse to agree to a request
          under subsection (3); and
     (b) give written notice to the owner of the
         Executive Director's decision.
(5) A notice under subsection (4)(b) must
    state--
      (a) whether the extension of time is agreed
          to or refused; and
     (b) if the extension of time is agreed to, the
         date by which the information must be
         provided; and
      (c) if the extension of time is refused and
          the date specified in accordance with
          subsection (2)(b) has passed or is due to
          pass within 10 business days, the date
          by which the information must be
          provided, being a date which is at least
          10 business days after the notice.
(6) The Executive Director must notify the
    owner within 5 business days after agreeing
    or refusing to agree to the extension.
(7) The period within which the Executive
    Director must give notice under
    section 90(6) stops to run on the day when
    the Executive Director requests additional
    information under this section and starts to



                54
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             run when that information is provided to the
             Executive Director.".
62 Section 91 substituted
        For section 91 of the Principal Act substitute--
        "91 Exemption for certain subdivisions or
            consolidations
             A person may cause land to be subdivided or
             consolidated without a permit issued under
             Part 5 if--
              (a) the subdivision or consolidation is in
                  accordance with a planning permit; and
              (b) the application for the planning permit
                  was referred to the Executive Director
                  as a determining referral authority
                  under the Planning and Environment
                  Act 1987.".
63 Other exemptions from permits
    (1) Section 92(2) of the Principal Act is repealed.
    (2) After section 92(3) of the Principal Act insert--
      "(3A) The Executive Director must give written
            notice to the owner of a registered place or
            registered object affected by a determination
            made--
              (a) under subsection (1), without delay; or
              (b) under subsection (3), within 5 business
                  days.".
    (3) In section 92(4) of the Principal Act, for "makes a
        determination" substitute "makes or amends a
        determination".




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    (4) After section 92(6) of the Principal Act insert--
      "(6A) The Executive Director may amend or
            revoke a determination made under
            subsection (3) if, at the time of the
            amendment or revocation, the Executive
            Director considers the works or activities
            may harm the cultural heritage significance
            of the registered place or registered object.".
    (5) For section 92(7) of the Principal Act
        substitute--
        "(7) The Executive Director must give written
             notice to the owner of a registered place or
             registered object affected by an amendment
             or revocation of a determination--
               (a) under subsection (6), without delay; or
              (b) under subsection (6A), within
                  5 business days.".
64 Permit applications
        After section 93(3) of the Principal Act insert--
      "(3A) Despite subsection (3), if the works or
            activities for which a permit is sought relate
            to only part of a registered place or
            registered object, the applicant is only
            required to obtain the written consent of the
            owner or government asset manager of that
            part of the registered place or registered
            object.".
65 Section 96 amended
    (1) For the heading to section 96 of the Principal Act
        substitute--
        "Amending permit applications--request of
        applicant".
    (2) In section 96(3)(c) of the Principal Act, for "land"
        substitute "registered place or registered object".


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(3) After section 96(3) of the Principal Act insert--
 "(3A) Despite subsection (3)(c), if the works or
       activities for which the amendment to the
       permit application is sought relate to only
       part of a registered place or registered object,
       the applicant is only required to obtain the
       written consent of the owner or government
       asset manager of that part of the registered
       place or registered object.".
(4) In section 96(4) of the Principal Act, after
    "Executive Director" (where first occurring)
    insert ", within 20 business days after receiving a
    request under subsection (1),".
(5) After section 96(4) of the Principal Act insert--
 "(4A) The Executive Director must notify the
       applicant within 5 business days after a
       decision under subsection (4) to agree to the
       request or to refuse the request.".
(6) Section 96(5) of the Principal Act is repealed.
(7) After section 96(6) of the Principal Act insert--
   "(7) The period within which the Executive
        Director must agree to the request or refuse
        the request to amend the permit application
        under subsection (4) stops to run on the day
        when a direction is given to the applicant
        under subsection (6) and starts to run when
        information regarding compliance with that
        direction is provided to the Executive
        Director.".




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66 New sections 96A and 96B inserted
        After section 96 of the Principal Act insert--
      "96A Amending permit applications--Executive
           Director
        (1) The Executive Director may amend a permit
            application if--
              (a) the Executive Director considers that
                  the amendment would assist with the
                  protection or conservation of the
                  cultural heritage significance of the
                  registered place or registered object to
                  which the application relates; and
              (b) the applicant consents in writing to the
                  amendment; and
              (c) if the owner or government asset
                  manager of the registered place or
                  registered object in respect of which the
                  permit application relates is not the
                  applicant, the owner or government
                  asset manager consents in writing to the
                  amendment.
        (2) The Executive Director may amend a permit
            application under subsection (1) before or
            after any notice of the application is publicly
            displayed under section 94.
        (3) If the Executive Director amends a permit
            application under subsection (1) after notice
            of the application is publicly displayed under
            section 94, the Executive Director--
              (a) must notify any persons who lodged a
                  written submission in relation to the
                  permit application under section 95(1)
                  of the amendment to the permit
                  application; and



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               (b) despite section 94, may give directions
                   to the applicant in relation to the
                   publication or notification of the
                   amended permit application.
        96B Amended permit application to be given
            to responsible authority or municipal
            council
              The Executive Director must as soon as
              practicable give a copy of a permit
              application amended under section 96 or
              96A to the responsible authority for the area
              in which the registered place or registered
              object is situated and, if the responsible
              authority is not a municipal council, the
              relevant municipal council.".
67 Time for determining permit applications
     (1) In section 97(1) of the Principal Act, for "60 days"
         substitute "45 business days".
     (2) In section 97(2) of the Principal Act, for "60 days"
         (where twice occurring) substitute "45 business
         days".
     (3) In section 97(3) of the Principal Act, for "60 days"
         substitute "45 business days".
     (4) After section 97(3) of the Principal Act insert--
        "(4) If the Executive Director obtains an
             extension under subsection (2), the
             Executive Director must notify the applicant
             within 5 business days of the extension.".
68 Requests for additional information in relation to
   permit applications
         In section 98 of the Principal Act--
          (a) in subsection (2)(a), before "the information"
              insert "a description of";



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          (b) in subsection (5)(c)--
                (i) for "in 14 days" (where first occurring)
                    substitute "within 10 business days";
               (ii) for "14 days" (where second occurring)
                    substitute "10 business days";
          (c) in subsection (6), for "7 days" substitute
              "5 business days".
69 Stopping of time for permit applications
     (1) After section 99(b) of the Principal Act insert--
       "(ba) stops to run on the day when a request to
             amend a permit application is made under
             section 96(1) and starts to run when a
             decision is made by the Executive Director
             in relation to the request under section 96(4);
             or".
     (2) In section 99(c) of the Principal Act, for
         "section 96(6)" substitute "section 96A(3)(b)".
70 Submissions by responsible authorities and
   municipal councils in relation to permit applications
     (1) In section 100(1) of the Principal Act, for
         "14 days" substitute "10 business days".
     (2) In section 100(3)(a) of the Principal Act, for
         "14 days" substitute "20 business days".
     (3) After section 100(3) of the Principal Act insert--
        "(4) Despite subsection (3), the Executive
             Director may accept a submission that has
             not been lodged within the time required
             under that subsection.".
71 Determination of permit applications
     (1) In section 101(1) of the Principal Act--
          (a) after "may" insert "determine";




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         (b) for paragraph (a) substitute--
              "(a) to approve the application or part of the
                   application, subject to any terms and
                   conditions the Executive Director
                   considers fit; or";
         (c) in paragraph (b), for "refuse" substitute
             "to refuse".
    (2) In section 101(2) and (3) of the Principal Act, for
        "determining whether to approve an application
        for a permit" substitute "making a determination
        under subsection (1)".
72 New section 101A inserted
        After section 101 of the Principal Act insert--
     "101A Approval of permit applications subject to
           security
        (1) In approving an application under
            section 101(1)(a), the Executive Director
            may impose a term or condition on the
            permit that requires a security to be given to
            the Heritage Council to ensure--
               (a) the satisfactory completion of the
                   works or activities for which the permit
                   is issued; or
              (b) compliance with another condition
                  imposed on the permit.
        (2) In determining the form and content of a
            security referred to in subsection (1), the
            Executive Director must have regard to--
               (a) in the case of a security for the
                   purposes of subsection (1)(a), the
                   nature and extent of the works or
                   activities; or




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     (b) in the case of a security for the
         purposes of subsection (1)(b), the
         nature of the other condition to be
         complied with.
(3) The Heritage Council, for the following
    purposes, may pay out of the Heritage Fund
    a security received under subsection (1)--
     (a) in accordance with the terms and
         conditions of the permit, for the
         satisfactory completion of the works or
         activities in respect of which the
         security was given;
     (b) making the security available to
         the Executive Director under
         section 159(2);
     (c) in accordance with the terms and
         conditions of the permit, for
         compliance with the other condition
         imposed on the permit in respect of
         which the security was given.
(4) The Heritage Council must return a security,
    or the remainder of a security if there has
    been a partial pay out of the security under
    subsection (3), to a person if--
     (a) in the case of a security for the
         purposes of subsection (1)(a), the works
         or activities are completed; or
     (b) in the case of a security for the
         purposes of subsection (1)(b), the
         condition is complied with.".




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73 Section 102 substituted and new sections 102A
   and 102B inserted
        For section 102 of the Principal Act substitute--
       "102 Issue of permits
             The Executive Director, within 5 business
             days of making a determination under
             section 101(1)(a) to approve an application
             or part of an application, must issue a permit
             to the applicant.
      102A Notice of refusal
         (1) The Executive Director, within 5 business
             days of making a determination under
             section 101(1)(a) to approve part of an
             application, must give a written notice of the
             refusal of any part of the application not
             approved to the applicant.
         (2) The Executive Director, within 5 business
             days of making a determination under
             section 101(1)(b) to refuse an application,
             must give a written notice of the refusal to
             the applicant.
         (3) A notice of refusal must include--
               (a) a statement of reasons for the refusal of
                   the application or part of the
                   application; and
               (b) a statement of the applicant's rights of
                   review under this Part.
      102B Notice of permit application
           determination
             The Executive Director must notify the
             following persons of the outcome of a
             permit application determination under
             section 101(1) within 5 business days--



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              (a) any person who made a submission in
                  relation to the permit application; and
              (b) the responsible authority for the area in
                  which the registered place or registered
                  object in respect of which the permit
                  was applied for is situated and, if the
                  responsible authority is not a municipal
                  council, the relevant municipal
                  council.".
74 Section 103 repealed
        Section 103 of the Principal Act is repealed.
75 Noncompliance with permit
        In section 104 of the Principal Act, for
        "section 102" substitute "this Part".
76 Amendment of permits
    (1) After section 105(3) of the Principal Act insert--
      "(3A) Despite subsection (3), if the works or
            activities for which the amendment to the
            permit is sought relate to only part of the
            registered place or registered object, the
            applicant is only required to obtain the
            written consent of the owner or government
            asset manager of that part of the registered
            place or registered object.".
    (2) In section 105(4) of the Principal Act, after
        "must notify" insert "within 5 business days".
    (3) For section 105(5) of the Principal Act
        substitute--
        "(5) Subject to subsection (5A), the Executive
             Director must agree to a request to amend a
             permit in whole or in part, or refuse the
             request, within 20 business days after
             receiving the request.



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  (5A) The period within which the Executive
       Director must agree to a request to amend a
       permit, or refuse the request, under
       subsection (5) stops to run on the day when
       the Executive Director makes a request for
       additional information under section
       105A(1) and starts to run when the additional
       information is provided to the Executive
       Director.".
(4) After section 105(7) of the Principal Act insert--
   "(8) If the Executive Director agrees to a request
        to amend a permit, or refuses the request, the
        Executive Director must notify within
        5 business days--
          (a) the permit holder; and
          (b) if the permit holder is not the owner or
              government asset manager, the owner
              or government asset manager of the
              registered place or registered object to
              which the permit relates; and
          (c) any person who made a submission in
              relation to the permit application; and
          (d) the responsible authority for the area in
              which the registered place or registered
              object in respect of which the permit is
              issued is situated and, if the responsible
              authority is not a municipal council, the
              relevant municipal council.
    (9) Despite subsection (8)(b), if the permit
        relates to only part of the registered place or
        registered object, the Executive Director is
        only required to notify the owner or
        government asset manager of that part of the
        registered place or registered object.




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       (10) If the Executive Director agrees to a request
            to amend a permit, the Executive Director
            must issue the amended permit to the permit
            holder within 5 business days.".
77 New sections 105A and 105B inserted
        After section 105 of the Principal Act insert--
     "105A Requests for additional information in
           relation to amendment of permits
        (1) The Executive Director may request a permit
            holder to provide any additional information
            that the Executive Director considers
            necessary to assist with a decision under
            section 105(5).
        (2) A request under subsection (1) must be made
            in writing and include the following
            information--
              (a) a description of the information to be
                  provided;
              (b) the date by which the information must
                  be provided, being a date which is at
                  least 20 days after the request;
              (c) a statement that the request to amend
                  the permit will lapse if the information
                  is not provided by that date.
        (3) The permit holder may request the Executive
            Director to grant an extension of time to
            provide the requested information.
        (4) The Executive Director must--
              (a) agree or refuse to agree to a request
                  under subsection (3); and
              (b) give written notice to the applicant of
                  the Executive Director's decision.




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 (5) A notice under subsection (4)(b) must
     state--
       (a) whether the extension of time is agreed
           to or refused; and
       (b) if the extension of time is agreed to, the
           date by which the information must be
           provided; and
       (c) if the extension of time is refused and
           the date specified in accordance with
           subsection (2)(b) has passed or is due to
           pass within 10 business days, the date
           by which the information must be
           provided, being a date which is at least
           10 business days after the notice.
 (6) The Executive Director must notify the
     applicant within 5 business days after
     agreeing or refusing to agree to the
     extension.
105B Minor amendment of permits
 (1) The holder of a permit issued under this Part
     may request the Executive Director to make
     a minor amendment to the permit.
 (2) A request under subsection (1) must be made
     in the prescribed form.
 (3) If a permit holder is not the owner of the
     registered place or registered object in
     respect of which the permit is issued, the
     permit holder must obtain the written
     consent of the owner before making a
     request for a minor amendment to the permit.
 (4) Despite subsection (3), if the works or
     activities for which the minor amendment to
     the permit is sought relate to only part of the
     registered place or registered object, the
     permit holder is only required to obtain the


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    written consent of the owner or government
    asset manager of that part of the registered
    place or registered object.
(5) The Executive Director must agree to a
    request to make a minor amendment to the
    permit in whole or in part, or refuse the
    request, within 20 business days after
    receiving the request.
(6) The Executive Director must refuse a request
    under subsection (5) if the Executive
    Director considers that the requested
    amendment--
     (a) is not minor in the context of the works
         or activities authorised by the permit
         and requires a request for the
         amendment of the permit under
         section 105; or
     (b) is so substantial that a new permit
         application is necessary.
(7) The Executive Director may refuse a request
    if the Executive Director considers that the
    requested amendment, if agreed to, may
    result in harm to the cultural heritage
    significance of the registered place or
    registered object in relation to which the
    permit was issued.
(8) The Executive Director, within 5 business
    days after making a decision under
    subsection (5), must notify--
     (a) the permit holder; and
     (b) if the permit holder is not the owner or
         government asset manager, the owner
         or government asset manager of the
         registered place or registered object to
         which the permit relates; and



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               (c) the responsible authority for the area in
                   which the registered place or registered
                   object in respect of which the permit is
                   issued or situated and, if the responsible
                   authority is not a municipal council, the
                   relevant municipal council.
         (9) Despite subsection (8)(b), if the permit
             relates to only part of the registered place or
             registered object, the Executive Director is
             only required to notify the owner or
             government asset manager of that part of the
             registered place or registered object.
        (10) If the Executive Director agrees to a request
             to make a minor amendment to a permit, the
             Executive Director must issue the amended
             permit to the permit holder within 5 business
             days.".
78 Review of the Executive Director's determinations
   relating to permits
    (1) In section 106(1) of the Principal Act--
         (a) in paragraph (a), for "to issue" substitute
             "for";
         (b) in paragraph (b), for "an application to issue
             a permit for some of the proposed works or
             activities" substitute "any part of an
             application for a permit".
    (2) After section 106(2) of the Principal Act insert--
      "(2A) Despite subsection (2), if the permit applies
            to only part of the registered place or
            registered object, only the applicant, or the
            owner or government asset manager of that
            part of the place or object, may make a
            written request under that subsection.".




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    (3) Before section 106(5)(a) of the Principal Act
        insert--
       "(aa) the Executive Director; and
       (aab) the applicant, if the person requesting the
             review is not the applicant; and".
    (4) After section 106(5) of the Principal Act insert--
        "(6) Despite subsection (5)(a), if the review
             relates to only part of a registered place or
             registered object, the Heritage Council is
             only required to notify the owner or
             government asset manager of that part of the
             place or object, if the person requesting the
             review is not that owner or government asset
             manager.".
79 Determination of reviews by the Heritage Council
    (1) In section 108(4)(a) and (b) of the Principal Act,
        after "applicant" insert "for review".
    (2) After section 108(4) of the Principal Act insert--
      "(4A) The Executive Director may appear, be heard
            or be represented at any hearing into the
            review of the Executive Director's
            determination relating to a permit.".
    (3) In section 108(8) of the Principal Act, after
        "section 101(2)" insert "and may consider the
        matters set out in section 101(3)".
    (4) For section 108(9) of the Principal Act
        substitute--
        "(9) The Heritage Council, within 5 business days
             after making a determination under
             subsection (7), must give written notice of
             the determination to--
               (a) the applicant for review; and




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               (b) if the applicant for review is not the
                   applicant for the permit, the permit
                   applicant; and
               (c) if the applicant for review or the permit
                   applicant is not the owner or
                   government asset manager, the owner
                   or government asset manager of the
                   registered place or registered object;
                   and
               (d) the responsible authority for the area in
                   which the registered place or registered
                   object is situated and, if the responsible
                   authority is not a municipal council, the
                   relevant municipal council; and
               (e) the Executive Director; and
               (f) any other person who was a party to a
                   hearing.
        (10) If the Heritage Council has made a
             determination that requires a permit or
             amended permit to be issued, the Executive
             Director must issue the permit to the permit
             applicant within 5 business days after
             receiving notification of the Heritage
             Council's determination.".
80 Minister's power to call in or refer matter to VCAT
        In section 109(3) and (4) of the Principal Act,
        after "section 101(2)" insert "and may consider
        the matters set out in section 101(3)".
81 New section 112A inserted
        After section 112 of the Principal Act insert--
     "112A Issue of permit following VCAT's decision
             The Executive Director must, within
             5 business days after an order is made by
             VCAT under section 111 that requires a


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             permit or amended permit to be issued, issue
             the permit to the applicant.".
82 Exercise of call-in power by the Minister
        For section 113(1)(a) of the Principal Act
        substitute--
        "(a) may require the Heritage Council to give the
             following persons an opportunity to be heard
             by the Heritage Council and to make
             submissions to the Heritage Council--
               (i) the applicant for review;
               (ii) if the applicant for review is not the
                    applicant for the permit, the permit
                    applicant;
              (iii) the Executive Director;
              (iv) the responsible authority for the area in
                   which the registered place or registered
                   object is situated and, if the responsible
                   authority is not a municipal council, the
                   relevant municipal council;
               (v) the National Trust, if the National Trust
                   has previously lodged a written
                   submission with the Executive Director
                   in relation to the permit application;
                   and".
83 Powers of the Minister on referral
        In section 114(2) of the Principal Act--
          (a) for "7 days" substitute "5 business days";
         (b) for paragraph (a) substitute--
              "(a) if the Minister has made a
                   determination that requires a permit or
                   amended permit to be issued, issue the
                   permit to the applicant; and".




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84 New section 118A inserted
        After section 118 of the Principal Act insert--
     "118A Determination by the Executive Director
           as to archaeological value
        (1) The Executive Director, within 20 business
            days after being provided with a site card
            under section 127, must--
              (a) determine to record the archaeological
                  site described in the card in the
                  Heritage Inventory; or
              (b) determine that the archaeological site
                  has low archaeological value.
        (2) In making a determination under
            subsection (1), the Executive Director may
            request from the person who provided the
            site card any additional information that the
            Executive Director considers necessary to
            assist the Executive Director in making the
            determination.
        (3) A request under subsection (2) must be made
            in writing and include the following
            information--
              (a) a description of the information to be
                  provided;
              (b) the date by which the information must
                  be provided, being a date which is at
                  least 20 days after the request.
        (4) The person who provided the site card may
            request the Executive Director to grant an
            extension of time to provide the requested
            information.
        (5) The Executive Director must--
              (a) agree or refuse to agree to a request
                  under subsection (4); and


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     (b) give written notice to the person of the
         Executive Director's decision.
(6) A notice under subsection (5)(b) must
    state--
      (a) whether the extension of time is agreed
          to or refused; and
     (b) if the extension of time is agreed to, the
         date by which the information must be
         provided; and
      (c) if the extension of time is refused and
          the date specified in accordance with
          subsection (3)(b) has passed or is due to
          pass within 10 business days, the date
          by which the information must be
          provided, being a date which is at least
          10 business days after the notice.
(7) The Executive Director must notify the
    applicant within 5 business days after
    agreeing or refusing to agree to the
    extension.
(8) The period within which the Executive
    Director must make a determination under
    subsection (1)--
      (a) stops to run on the day when a request
          under subsection (2) is made by the
          Executive Director; and
     (b) starts to run when the information is
         provided to the Executive Director.
(9) The Executive Director, within 5 business
    days of making a determination under
    subsection (1), must notify the following of
    the determination--
      (a) the person who provided the site card;




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              (b) any person who has made an
                  application under section 124 in respect
                  of the site;
              (c) the owner or government asset manager
                  of the land constituting the site;
              (d) the responsible authority for the area in
                  which the site is situated, and if the
                  responsible authority is not a municipal
                  council, the relevant municipal
                  council.".
85 Section 119 substituted
        For section 119 of the Principal Act substitute--
       "119 Removing sites from the Heritage
            Inventory
             The Heritage Council may remove a site
             from the Heritage Inventory--
              (a) if the Executive Director determines
                  that the site has low archaeological
                  value; or
              (b) if the Executive Director determines
                  that--
                    (i) inclusion of the site in the
                        Heritage Register as a registered
                        place is sufficient to protect and
                        conserve the site; and
                   (ii) inclusion of the site in the
                        Heritage Inventory is no longer
                        necessary; or
              (c) as part of the amalgamation of 2 or
                  more sites in the Heritage Inventory; or
              (d) if the site is not an archaeological site.".




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86 Section 120 amended
    (1) In the heading to section 120 of the Principal Act,
        after "Notice of" insert "recording of sites in
        or".
    (2) In section 120 of the Principal Act--
         (a) after "notice of the" insert "recording of a
             site in or the";
         (b) in paragraph (a), after "owner" insert
             "or government asset manager".
87 Section 123 substituted
        For section 123 of the Principal Act substitute--
       "123 Offences in relation to certain
            archaeological sites
         (1) A person commits an offence if--
              (a) the person knowingly or negligently--
                    (i) defaces, damages or otherwise
                        interferes with an archaeological
                        site; or
                    (ii) carries out an act that is likely to
                         endanger an archaeological site;
                         and
              (b) the person is not--
                    (i) permitted to do so by a
                        determination under section 123A;
                        or
                    (ii) authorised to do so by a consent
                         issued under this Part; and
              (c) the archaeological site--
                    (i) is recorded in the Heritage
                        Inventory; or




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          (ii) is not recorded in the Heritage
               Inventory and is not--
               (A) a site which is determined by
                   the Executive Director to
                   have low archaeological
                   value; or
               (B) a site which has been
                   removed from the Heritage
                   Inventory under section 119;
                   and
     (d) the archaeological site is not a
         registered archaeological place or a
         registered archaeological artefact.
(2) A person commits an offence if--
     (a) the person knowingly--
           (i) uncovers or exposes land for the
               purpose of uncovering or
               discovering an archaeological site;
               or
          (ii) disturbs or excavates land for the
               purpose of uncovering or
               discovering an archaeological site;
               and
     (b) the person is not--
           (i) permitted to do so by a
               determination under section 123A;
               or
          (ii) authorised to do so by a consent
               issued under this Part; and
     (c) the archaeological site--
           (i) is recorded in the Heritage
               Inventory; or




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                      (ii) is not recorded in the Heritage
                           Inventory and is not--
                            (A) a site which is determined by
                                the Executive Director to
                                have low archaeological
                                value; or
                            (B) a site which has been
                                removed from the Heritage
                                Inventory under section 119;
                                and
                (d) the site is not a registered
                    archaeological place or a registered
                    archaeological artefact.
        (3) A person who commits an offence against
            subsection (1) or (2) is liable to--
                (a) in the case of a natural person,
                    600 penalty units or imprisonment for
                    12 months or both;
                (b) in the case of a body corporate,
                    1200 penalty units.
        Note
        Offences apply in relation to registered archaeological
        places and registered archaeological artefacts under
        sections 87, 88 and 89.".
88 New section 123A inserted
        After section 123 of the Principal Act insert--
     "123A Exemption from requirement to obtain a
           consent
        (1) The Executive Director, on the application of
            a person specified in subsection (2), may
            determine that a consent under this Part is
            not required for particular works or activities
            in relation to--




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      (a) a site recorded in the Heritage
          Inventory; or
      (b) an archaeological artefact.
(2) For the purposes of subsection (1), the
    following persons are specified--
      (a) the owner or government asset manager
          of the site or archaeological artefact;
      (b) a person who has the consent of the
          owner or government asset manager of
          the site or archaeological artefact to
          make an application under
          subsection (1).
(3) An application under subsection (1) must be
    made in the prescribed form.
(4) Despite subsection (2)(b), if the works or
    activities for which the consent is sought
    relate to only part of the site or
    archaeological artefact, the applicant is only
    required to include the consent of the owner
    or government asset manager of that part of
    the site or archaeological artefact.
(5) If the Executive Director makes a
    determination under subsection (1), the
    particular works or activities may be carried
    out in relation to the site or artefact.
(6) The Executive Director must not make a
    determination under subsection (1) in
    relation to any works or activities unless the
    Executive Director considers that any
    damage or disturbance to the site or artefact
    would be negligible.".




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89 Executive Director may issue consents
    (1) For section 124(1) of the Principal Act
        substitute--
        "(1) Subject to this section, a person may apply to
             the Executive Director for a consent
             authorising the person--
               (a) to excavate or uncover a site--
                    (i) recorded in the Heritage
                        Inventory; or
                    (ii) reported to the Executive Director
                         in accordance with section 127(2);
                         or
              (b) to damage or disturb a site--
                    (i) recorded in the Heritage
                        Inventory; or
                    (ii) reported to the Executive Director
                         in accordance with section 127(2);
                         or
               (c) to damage or disturb an archaeological
                   artefact, including for the purposes of
                   study, conservation or exhibition; or
              (d) to possess an archaeological artefact for
                  the purposes of sale; or
               (e) to buy or sell an archaeological
                   artefact.".
    (2) For section 124(2)(c) of the Principal Act
        substitute--
        "(c) if the applicant is not the owner or
             government asset manager of the site or
             archaeological artefact, include the consent
             of the owner or government asset manager of
             the site or archaeological artefact.".




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(3) After section 124(2) of the Principal Act insert--
 "(2A) Despite subsection (2)(c), if the works or
       activities for which the consent is sought
       relate to only part of the site or
       archaeological artefact, the applicant is only
       required to include the consent of the owner
       or government asset manager of that part of
       the site or archaeological artefact.".
(4) For section 124(4) of the Principal Act
    substitute--
   "(4) After considering an application under
        subsection (1), the Executive Director,
        within 20 business days after receiving the
        application, must--
           (a) approve the application and, within
               5 business days, issue the consent; or
          (b) approve the application in part and,
              within 5 business days, issue the
              consent for some of the proposed works
              or activities specified in the application;
              or
           (c) refuse the application.".
(5) After section 124(4) of the Principal Act insert--
 "(4A) The Heritage Council, on the application of
       the Executive Director before the end of the
       period of 20 business days specified in
       subsection (4), may extend that period by a
       further period of up to 20 business days.
   (4B) In the case of an application to do a thing
        referred to in subsection (1)(a)(ii) or (b)(ii),
        if the Executive Director considers the
        matter is urgent, the Executive Director may
        consider the application but must not
        determine it until the Executive Director--



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               (a) records the site in the Heritage
                   Inventory under section 118(1)(a); or
              (b) determines that the site has low
                  archaeological value.".
    (6) In section 124(7)(b) of the Principal Act, for
        "found" substitute "discovered".
90 New sections 124A, 124B and 124C inserted
        After section 124 of the Principal Act insert--
     "124A Amendment of consents
        (1) Subject to this section, a person who is
            authorised to carry out works or activities
            under a consent issued under section 124
            may apply to the Executive Director for an
            amendment of the consent.
        (2) An application under subsection (1) must--
               (a) be in the prescribed form; and
              (b) be accompanied by the prescribed fee
                  (if any); and
               (c) if the applicant is not the owner or
                   government asset manager of the site or
                   archaeological artefact, include the
                   consent of the owner or government
                   asset manager of the site or
                   archaeological artefact.
        (3) Despite subsection (2)(c), if the works or
            activities for which the amendment to the
            consent is sought relate to only part of the
            site or archaeological artefact, the applicant
            is only required to include the consent of the
            owner or government asset manager of that
            part of the site or archaeological artefact.
        (4) In determining whether to amend a consent
            under this section, the Executive Director
            must consider--


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      (a) any archaeological, historical or other
          research; and
     (b) the potential of the site or
         archaeological artefact to contribute to
         such knowledge.
(5) After considering an application to amend a
    consent, the Executive Director, within
    20 business days after receiving the
    application, must--
      (a) approve the application and, within
          5 business days, issue the amended
          consent; or
     (b) approve the application in part and,
         within 5 business days, issue the
         amended consent; or
      (c) refuse the application.
(6) The Executive Director must refuse the
    application if the Executive Director
    considers that the requested amendment is so
    substantial that a new consent is necessary.
(7) If the Executive Director determines to
    refuse the application, the Executive Director
    must give the applicant written notice of the
    refusal within 5 business days after making
    the determination.
(8) A notice under subsection (7) must include a
    statement of reasons for the refusal.
(9) An amended consent under this section may
    be issued subject to the following terms and
    conditions--
      (a) that the activity authorised by the
          consent be supervised by a person with
          appropriate professional qualifications




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           and experience as specified in the
           consent;
       (b) that archaeological artefacts discovered
           in the course of the activity authorised
           by the consent are to be conserved and
           curated in a way specified in the
           consent;
       (c) any other terms and conditions that the
           Executive Director considers fit.
124B Requests for additional information in
     relation to consent applications
  (1) The Executive Director may request an
      applicant to provide any additional
      information that the Executive Director
      considers necessary to assist the
      determination of an application under
      section 124 or 124A.
  (2) A request under subsection (1) must be made
      in writing and include the following
      information--
       (a) a description of the information to be
           provided;
       (b) the date by which the information must
           be provided, being a date which is at
           least 30 days after the request;
       (c) a statement that the application will
           lapse if the information is not provided
           by that date.
  (3) The applicant may request the Executive
      Director to grant an extension of time to
      provide the requested information.
  (4) The Executive Director must--
       (a) agree or refuse to agree to a request
           under subsection (3); and


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              (b) give written notice to the applicant of
                  the Executive Director's decision.
        (5) A notice under subsection (4)(b) must
            state--
              (a) whether the extension of time is agreed
                  to or refused; and
              (b) if the extension of time is agreed to, the
                  date by which the information must be
                  provided; and
              (c) if the extension of time is refused and
                  the date specified in accordance with
                  subsection (2)(b) has passed or is due to
                  pass within 10 business days, the date
                  by which the information must be
                  provided, being a date which is at least
                  10 business days after the notice.
        (6) The Executive Director must notify the
            applicant within 5 business days after
            agreeing or refusing to agree to the
            extension.
      124C Stopping of time for consent applications
             The period within which the Executive
             Director must determine an application under
             section 124 or 124A stops to run on the day
             when the Executive Director requests
             additional information under section 124B
             and starts to run when that information is
             provided to the Executive Director.".
91 Compliance with consents
        In section 125 of the Principal Act, for
        "section 124" substitute "this Part".




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92 Requests for reviews regarding consents
        After section 126(8) of the Principal Act insert--
        "(9) If the Heritage Council determines under
             subsection (5)(b) to set aside the
             determination of the Executive Director and
             substitute it with a determination to issue the
             consent, the Executive Director must issue
             the consent within 5 business days of the
             Heritage Council's determination.".
93 New section 126A inserted
        After section 126 of the Principal Act insert--
      "126A Requirement to notify Executive Director
            of intention to undertake investigation or
            survey of land
             A person who intends to undertake an
             investigation or a survey of land for the
             purpose of discovering an archaeological site
             must notify the Executive Director of the
             person's intention before the commencement
             of the investigation or survey.
             Penalty: In the case of a natural person,
                      60 penalty units;
                        In the case of a body corporate,
                        240 penalty units.".
94 Reporting of investigations and surveys of land
        After section 127(3) of the Principal Act insert--
        "(4) A person who undertakes an investigation or
             a survey of land for the purpose of
             discovering an archaeological site must give
             a survey report that complies with
             subsection (7) to the Executive Director
             within 6 months after completing the
             investigation or survey.



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    Penalty: In the case of a natural person,
             60 penalty units;
               In the case of a body corporate,
               240 penalty units.
(5) A person who undertakes an investigation or
    a survey of land for the purpose of preparing
    a cultural heritage management plan and
    discovers an archaeological site must give a
    survey report that complies with
    subsection (7) to the Executive Director
    within 6 months after completing the
    investigation or survey.
    Penalty: In the case of a natural person,
             60 penalty units;
               In the case of a body corporate,
               240 penalty units.
(6) A person who undertakes an investigation or
    a survey of land in accordance with a
    cultural heritage permit and discovers an
    archaeological site must give a survey report
    that complies with subsection (7) to the
    Executive Director within 6 months after
    completing the investigation or survey.
    Penalty: In the case of a natural person,
             60 penalty units;
               In the case of a body corporate,
               240 penalty units.
(7) A survey report must--
      (a) be in the prescribed form; and
     (b) contain photographs, maps and plans of
         the investigation or survey; and
      (c) contain field notes about the
          investigation or survey; and



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               (d) include any prescribed
                   documentation.".
95 Approval of recommendation for a site of
   archaeological value
        In section 133 of the Principal Act--
         (a) in subsection (2), for "decision" substitute
             "determination";
         (b) in subsection (3), for "approval of a
             recommendation for a site of archaeological
             value" substitute "determination".
96 New section 139A inserted
        After section 139 of the Principal Act insert--
     "139A Land owner must apply for recording of
           covenant or agreement
         (1) An owner who enters into a covenant, or
             agreement to vary a covenant, under
             section 134 or 135 must make an application
             under section 140 to the Registrar of Titles to
             record notice of--
               (a) the covenant, or agreement to vary the
                   covenant; or
               (b) any variation, release or determination
                   of the covenant under this Part.
         (2) An owner must make an application under
             subsection (1) as soon as practicable after the
             covenant or agreement is entered into, or the
             variation, release or determination occurs.".
97 Notices to show cause why works should not be
   carried out
    (1) In the heading to section 154 of the Principal Act,
        after "works" insert "or activities".




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    (2) In section 154(2) of the Principal Act--
         (a) omit ", with the consent of the Heritage
             Council,";
         (b) for "works specified" substitute "works or
             activities specified".
    (3) After section 154(2) of the Principal Act insert--
      "(2A) If a registered place or registered object is
            owned by more than one person, a notice
            under subsection (2) may be served on any
            or all of the owners whom the Executive
            Director considers has contravened
            section 152 or 153.".
    (4) In section 154(3) of the Principal Act, for
        "specify works" substitute "specify works or
        activities".
98 Repair orders for carrying out of works
    (1) In the heading to section 155 of the Principal Act,
        after "works" insert "or activities".
    (2) In section 155(1) of the Principal Act, for
        "works specified" substitute "works or activities
        specified".
    (3) In section 155(2) of the Principal Act, for
        "those works" substitute "those works or
        activities".
99 Executive Director may carry out works
    (1) In the heading to section 159 of the Principal Act,
        for "works" substitute "works or activities".
    (2) In section 159(a) of the Principal Act, for
        "any works" substitute "any works or activities".
    (3) In section 159(b) of the Principal Act, for "works"
        substitute "works or activities".




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     (4) At the end of section 159 of the Principal Act
         insert--
         "(2) The Heritage Council may make available to
              the Executive Director a security given under
              section 101A for the costs of works or
              activities under subsection (1)(a) if the repair
              order is in relation to the same works or
              activities in respect of which the security was
              given.".
100 General powers of entry
         For section 201(4) of the Principal Act
         substitute--
         "(4) An inspector or authorised person must not
              enter a residence unless--
                (a) in the case of a residence that is
                    occupied--the occupier of the
                    residence has given written consent to
                    the entry; or
                (b) in the case of a residence that is
                    unoccupied--
                      (i) the owner of the residence has
                          given written consent to the entry;
                          or
                     (ii) in the absence of written consent,
                          2 days' clear notice is given to the
                          owner of the residence.".
101 Heritage Fund
         In section 234(2)(b) of the Principal Act, for
         "section 103" substitute "section 101A".




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102 New Part 11A heading inserted
         After section 242 of the Principal Act insert the
         following heading--

            "Part 11A--Special assistance".
103 Statute law revision--section 244
         In section 244(4) of the Principal Act omit "will".


104 New Division 3 of Part 14 inserted
         After section 293 of the Principal Act insert--

          "Division 3--Transitional provisions--
             Heritage Amendment Act 2023
         294 Interpretation
              In this Division--
              amending Act means the Heritage
                  Amendment Act 2023.
         295 Previous nominations of objects integral
             to places and of additional land
              On the commencement of section 32 of the
              amending Act--
               (a) a reference in this Act to a nomination
                   under section 27A is taken to include a
                   reference to a nomination under
                   section 31 before its repeal; and
               (b) a reference in this Act to a nomination
                   under section 27B is taken to include a
                   reference to a nomination under
                   section 32 before its repeal.




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296 Nomination of place or object, objects
    integral to places and of additional land
(1) This section applies to a nomination of a
    place or object under section 27, an object
    under section 31, or additional land under
    section 32, for inclusion in the Heritage
    Register that--
      (a) was made before the commencement of
          section 32 of the amending Act; and
      (b) had not been finally determined as at
          the commencement of section 32 of the
          amending Act.
(2) The nomination is to be considered and
    determined as follows--
      (a) if the Executive Director had made a
          recommendation under section 37
          before the commencement of section 32
          of the amending Act--in accordance
          with this Act as in force immediately
          before the commencement of section 32
          of the amending Act; or
      (b) if the Executive Director had not made
          a recommendation under section 37
          before the commencement of section 32
          of the amending Act--in accordance
          with this Act as amended by Part 4 of
          the amending Act.
297 Offences
(1) Section 43, as amended by section 43 of the
    amending Act, applies to an offence alleged
    to have been committed on or after the
    commencement of section 43 of the
    amending Act.




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(2) For the purposes of subsection (1), if an
    offence is alleged to have been committed
    between 2 dates, one before and one on or
    after the commencement of section 43 of the
    amending Act, the offence is alleged to have
    been committed before that commencement.
(3) Section 87, as amended by section 57 of the
    amending Act, applies to an offence alleged
    to have been committed on or after the
    commencement of section 57 of the
    amending Act.
(4) For the purposes of subsection (3), if an
    offence is alleged to have been committed
    between 2 dates, one before and one on or
    after the commencement of section 57 of the
    amending Act, the offence is alleged to have
    been committed before that commencement.
(5) Section 88, as amended by section 58 of the
    amending Act, applies to an offence alleged
    to have been committed on or after the
    commencement of section 58 of the
    amending Act.
(6) For the purposes of subsection (5), if an
    offence is alleged to have been committed
    between 2 dates, one before and one on or
    after the commencement of section 58 of the
    amending Act, the offence is alleged to have
    been committed before that commencement.
(7) Section 89, as amended by section 59 of the
    amending Act, applies to an offence alleged
    to have been committed on or after the
    commencement of section 59 of the
    amending Act.
(8) For the purposes of subsection (7), if an
    offence is alleged to have been committed
    between 2 dates, one before and one on or



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    after the commencement of section 59 of the
    amending Act, the offence is alleged to have
    been committed before that commencement.
298 Exemption for alterations for purposes of
    religious services or rites
    If the owner of a place or object has given
    notice in accordance with section 90 of this
    Act before the commencement of section 60
    of the amending Act and the proposed
    alteration has not yet been completed, the
    alteration may be completed in accordance
    with this Act as in force immediately before
    the commencement of section 60 of the
    amending Act.
299 Permits
(1) This section applies to a permit application
    that--
      (a) was made before the commencement of
          Part 4 of the amending Act; and
      (b) had not been finally determined as at
          the commencement of Part 4 of the
          amending Act.
(2) The permit application is to be considered
    and determined in accordance with this Act
    as in force immediately before the
    commencement of Part 4 of the amending
    Act.
300 Securities
    On the commencement of section 74 of the
    amending Act--
      (a) a security given under section 103
          before its repeal is taken to be a
          security given under section 101A; and




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     (b) section 101A applies to any security
         given under section 103 before its
         repeal as if the security had been given
         under section 101A.
301 Determination by the Executive Director
    as to archaeological value
    Section 118A, as inserted by section 84 of
    the amending Act, applies in respect of a site
    card under section 127 that is provided to the
    Executive Director on or after the
    commencement of section 84 of the
    amending Act.
302 Consent applications
(1) The amendments made to section 124 by
    section 89 of the amending Act apply only to
    an application made on or after the
    commencement of section 89 of the
    amending Act.
(2) Sections 124A, 124B and 124C, as inserted
    by section 90 of the amending Act, apply
    with respect to a consent issued under
    section 124 whether that consent was issued
    before or after the commencement of
    section 90 of the amending Act.
(3) The amendments made to section 126 by
    section 92 of the amending Act apply only to
    a request made on or after the
    commencement of section 92 of the
    amending Act.
303 Land owner must apply for recording of
    covenant or agreement
    Section 139A, as inserted by section 96 of
    the amending Act, applies only to a covenant
    or agreement entered into on or after the




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    commencement of section 96 of the
    amending Act.
304 Repair orders
(1) The amendments made to section 154 by
    section 97 of the amending Act apply only in
    respect of a notice that is served on or after
    the commencement of section 97 of the
    amending Act.
(2) The amendments made to section 155 by
    section 98 of the amending Act apply only in
    respect of a notice under section 154 that is
    served on or after the commencement of
    section 98 of the amending Act.
(3) The amendments made to section 159 by
    section 99 of the amending Act apply only in
    respect of a repair order that is served on or
    after the commencement of section 99 of the
    amending Act.
305 Publication and inspection requirements
    Sections 171 and 184, as in force
    immediately before the commencement of
    Part 2 of the amending Act, continue to
    apply in respect of any draft World Heritage
    Strategy Plan or draft World Heritage
    Management Plan (as the case requires)
    required to be made available for inspection
    free of charge if the Plan is required to be
    made available for a period--
      (a) that begins before that commencement;
          and
     (b) that ends after that commencement.".




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                   Part 5--Repeal of this Act



           Part 5--Repeal of this Act
105 Repeal of this Act
           This Act is repealed on 1 February 2025.
    Note
    The repeal of this Act does not affect the continuing operation of
    the amendments made by it (see section 15(1) of the
    Interpretation of Legislation Act 1984).
                  ═════════════




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                                     Endnotes



                                  Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Heritage Act 2017 to provide for exclusion determinations and to make
      other amendments to improve the operation of the Act and for other
      purposes."




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