Heritage Act 2004

This Act is the Heritage Act 2004.

The main objects of this Act are as follows:

to establish a system for the recognition, registration and conservation of the following:

places and objects that have natural heritage significance;

places and objects that have cultural heritage significance;

Aboriginal places and objects;

to establish the heritage council;

to provide for heritage agreements to encourage the conservation of heritage places and objects;

to establish enforcement and offence provisions to provide greater protection for heritage places and objects;

to provide a system integrated with land planning and development to consider development applications having regard to the heritage significance of places and heritage guidelines.

A function under this Act must be exercised in a way that, as far as practicable, achieves the following:

the conservation of—

places and objects with heritage significance; and

Aboriginal places and objects;

the maximisation of the community’s ability to benefit from the places and objects, without adversely affecting—

the ongoing conservation of the places and objects; and

any thing that forms an important part of the heritage significance of the place or thing.

However, if the exercise of a function would result in harm to a place or object with heritage significance, or an Aboriginal place or object, the function may be exercised only if the entity or person exercising the function—

is satisfied that it is not reasonably practicable to exercise the function in a way that avoids the harm; and

identifies all reasonable steps that must be taken to minimise the extent of the harm.

This section applies if—

an urban tree forms part of a place; and

the council decides to register the place.

The council may also register the tree.

To remove any doubt, an urban tree must not be registered under this Act unless the tree forms part of a place that is registered.

In this section:

urban forest—see the Urban Forest Act 2023, section 7.

urban tree means a tree in the urban forest.

Note In addition to the protections under this Act, the Urban Forest Act 2023 also protects trees of heritage significance, including Aboriginal cultural trees, in the urban forest (see that Act, pt 3 and pt 4).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘Aboriginal place—see section 9.’ means that the term ‘Aboriginal place’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act does not apply to the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of—

protecting life or property; or

controlling, extinguishing or preventing the spread of a fire.

In this section:

emergency controller—see the Emergencies Act 2004, dictionary.

relevant person means—

an emergency controller; or

a member of the ambulance service; or

a member of the fire and rescue service; or

a member of the rural fire service; or

a member of the SES; or

any other person under the control of—

an emergency controller; or

the chief officer (ambulance service); or

the chief officer (fire and rescue service); or

the chief officer (rural fire service); or

the chief officer (SES); or

a police officer.

Part 2 Important concepts

In this Act:

object means a natural or manufactured object, but does not include a building or any other man-made structure.

place includes the following:

a site, precinct or parcel of land;

a building or structure, or part of a building or structure;

the curtilage, or setting, of a building or structure, or part of a building or structure;

an object or feature historically associated with, and located at, the place.

Examples—things that site or parcel of land includes

 landforms

 plantings

 animal habitats

Examples—object or feature historically associated with, and located at, a place

 furniture

 fittings

 view to or from the place, including visible landscapes

Note Words in the singular number include the plural (see Legislation Act, s 145 (b)).

In this Act:

Aboriginal object means an object associated with Aboriginal people because of Aboriginal tradition.

Aboriginal place means a place associated with Aboriginal people because of Aboriginal tradition.

In this section:

Aboriginal tradition means the customs, rituals, institutions, beliefs or general way of life of Aboriginal people.

Note Words in the singular number include the plural (see Legislation Act, s 145 (b)).

A place or object has heritage significance if the place or object meets 1 or more of the following criteria (the heritage significance criteria):

importance to the course or pattern of the ACT’s cultural or natural history;

has uncommon, rare or endangered aspects of the ACT’s cultural or natural history;

potential to yield important information that will contribute to an understanding of the ACT’s cultural or natural history;

importance in demonstrating the principal characteristics of a class of cultural or natural places or objects;

importance in exhibiting particular aesthetic characteristics valued by the ACT community or a cultural group in the ACT;

importance in demonstrating a high degree of creative or technical achievement for a particular period;

has a strong or special association with the ACT community, or a cultural group in the ACT for social, cultural or spiritual reasons;

Example a place or object that has a strong or special association for Aboriginal people in the ACT because it is part of their continuing or developing cultural tradition

has a special association with the life or work of a person, or people, important to the history of the ACT.

For this Act, a place or object has natural heritage significance if it—

forms part of the natural environment; and

has heritage significance primarily because of the scientific value of its biodiversity, geology, landform or other naturally occurring elements.

In this section:

natural environment means the native flora, native fauna, geological formations or any other naturally occurring element at a particular location.