Queensland Heritage Act 1992

This Act may be cited as the Queensland Heritage Act 1992.

The object of this Act is to provide for the conservation of Queensland’s cultural heritage for the benefit of the community and future generations.

The object is to be primarily achieved by—

establishing the Queensland Heritage Council; and

keeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and

requiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and

providing for the identification and management of places of local cultural heritage significance by local governments; and

regulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and

providing for heritage agreements to encourage appropriate management of Queensland heritage places; and

providing for appropriate enforcement powers to help protect Queensland’s cultural heritage.

In exercising powers conferred by this Act, the Minister, the chief executive, the council and other persons and entities concerned in its administration must seek to achieve—

the retention of the cultural heritage significance of the places and artefacts to which it applies; and

the greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance.

This Act does not apply to—

a place that is of cultural heritage significance solely through its association with Aboriginal tradition or Island custom; or

a place situated on Aboriginal or Torres Strait Islander land unless the place is of cultural heritage significance because of its association with Aboriginal tradition or Island custom and with European or other culture, in which case this Act applies to the place if the trustees of the land consent.

The dictionary in the schedule defines particular words used in this Act.

This Act binds all persons including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The Queensland Heritage Council, formerly established under this Act, is continued in existence under the name Queensland Heritage Council.

The council—

is a body corporate; and

may sue and be sued in its corporate name.

The council does not represent the State.

The council has the following functions—

to provide strategic advice to the Minister about matters relating to Queensland’s cultural heritage, including, for example, measures necessary to conserve Queensland’s cultural heritage;

to encourage interest in, and understanding of, Queensland’s cultural heritage, including, for example, by—

providing information to the community; and

promoting or supporting events relating to Queensland’s cultural heritage;

to advise entities about conserving Queensland’s cultural heritage, including, for example, government entities and community organisations;

to encourage the appropriate management of places of cultural heritage significance;

to give advice to the planning chief executive about the effect that development proposed under a development application or change application may have on the cultural heritage significance of a State heritage place;Note—

See also the Planning Act, section 275ZJ.

to perform other functions given to the council under this Act or by the Minister.

In performing its functions, the council must act independently, impartially and in the public interest.

The council has the powers—

necessary or convenient to perform its functions; or

given to it under another provision of this Act or under another Act.

The council may delegate its functions under this Act to—

a member; or

a committee of the council consisting of appropriately qualified persons, 1 of whom must be a member; or

an appropriately qualified public service officer.

The council consists of the following members—

a representative, appointed by the Governor in Council, of each of the following entities—

National Trust of Australia (Queensland) Limited;

the Local Government Association of Queensland (Incorporated);

the Queensland Council of Unions;

an organisation representing the interests of property owners and managers in Queensland;

an organisation representing the interests of rural industries in Queensland;

7 persons, appointed by the Governor in Council, with appropriate knowledge, expertise and interest in heritage conservation.

The Governor in Council must appoint a member to be the chairperson, and another member to be the deputy chairperson, of the council.

A person may be appointed the chairperson or deputy chairperson at the same time the person is appointed a member.

The chairperson or deputy chairperson holds office as chairperson or deputy chairperson for the term, of not more than 3 years, decided by the Governor in Council.

Despite subsection (3), a person stops holding office as chairperson or deputy chairperson if the person stops being a member.

The office of chairperson or deputy chairperson becomes vacant if the person holding the office resigns the office by signed notice of resignation given to the Minister.

However, a member resigning the office of chairperson or deputy chairperson may continue to be a member.

The deputy chairperson must act as chairperson—

during a vacancy in the office of chairperson; and

during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.