Schedule

Dictionary

Current

section 4

Aboriginal land has the meaning given by the Aboriginal Land Act 1991.

administering executive means—

(a)

for a person appointed as an authorised person by the chief executive—the chief executive; or

(b)

for a person appointed as an authorised person by the chief executive officer of a local government—the chief executive officer.

aesthetic significance, of a place or artefact, includes its visual merit or interest.

aircraft includes any marine concretions and accretions that are attached to the aircraft.

appropriately qualified, for the exercise of a power or performance of a function under this Act, includes having the qualifications, experience or standing appropriate to exercise the power or perform the function.Example of standing—

a person’s classification level in the public service

approved form means a form approved under section 176.

archaeological artefact—

1 Archaeological artefact means any artefact that is evidence of an aspect of Queensland’s history, whether it is located in, on or below the surface of land.

2 Archaeological artefact does not include a thing that is aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 or Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003.

3 Archaeological artefact does not include an underwater cultural heritage artefact.

archaeological criteria...

archaeological investigation, of a place, means a physical investigation of the place carried out by an appropriately qualified person for the purpose of investigating, recording or conserving archaeological artefacts on the place.

archaeological place...

archaeological State heritage place means a State heritage place in relation to which the statement in the Queensland heritage register about the place’s cultural heritage significance relates only to the place’s potential to contain an archaeological artefact or underwater cultural heritage artefact.

archaeological submission...

artefact, for part 9, division 2, see section 91A.

assessor, for part 15, division 2, see section 181.

authorised person means a person appointed under section 125.

building includes furniture, fittings and other artefacts—

(a)

associated with the building; and

(b)

that contribute to the building’s cultural heritage significance.

business day does not include a day between 26 December in a year and 1 January in the following year.

change application means a change application under the Planning Act.

commencement, for part 15, division 2, see section 181.

conservation includes protection, stabilisation, maintenance, preservation, restoration, reconstruction and adaptation.

council means the Queensland Heritage Council.

criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 to the extent the criminal history relates to indictable offences or offences against this Act, other than spent convictions.

Crown...

cultural heritage criteria means the criteria for entry in the Queensland heritage register stated in section 35(1).

cultural heritage significance, of a place or feature of a place, means its aesthetic, architectural, historical, scientific, social, or other significance, to the present generation or past or future generations.

current entry application, for a place, for part 12, division 3, see section 154AA.

decision-maker, for part 6, division 2, see section 71A.

destroyed place recommendation, for a State heritage place, see section 46A(1).

development means development as defined under the Planning Act.

development application means a development application under the Planning Act.

development approval means a development approval as defined under the Planning Act.

emergency work...

enter—

(a)

in relation to entering a place in the Queensland heritage register, includes enter the place in the register as part of a State heritage place; and

(b)

in relation to entering a place in a local heritage register, includes enter the place in the register as part of a local heritage place.

excluded place means a place that, under part 4 as applied by section 56B, is excluded from entry in the Queensland heritage register as a State heritage place.

excluded work...

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exemption certificate means a certificate given under part 6, division 2.

feature, in relation to a place, includes the following—

(a)

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

(b)

an artefact, including an archaeological artefact and underwater cultural heritage artefact;

(c)

a precinct;

(d)

a natural or landscape feature.

government entity see the Public Sector Act 2022, section 276.

heritage agreement see section 80(1).

heritage place, for part 6, division 2, see section 71A.

heritage recommendation see section 44(1).

heritage register...

heritage response see section 50A(2).

heritage submission see section 41(1).

historic aircraft wreck means the remains of an aircraft or part of the remains of an aircraft that—

(a)

is in Queensland waters; and

(b)

has been in the waters for at least 75 years.

historic shipwreck means the remains of a ship or part of the remains of a ship that—

(a)

is in Queensland waters; and

(b)

has been in the waters for at least 75 years.

historic underwater article—

1 Historic underwater article means an article—

(a)

that appears to have—

(i)

formed part of an aircraft or ship; or

(ii)

been installed or carried on an aircraft or ship; or

(iii)

been constructed or used by a person associated with an aircraft or ship; and

(b)

that—

(i)

is in Queensland waters; and

(ii)

has been in the waters for at least 75 years.

2 An article is an historic underwater article whether or not the article—

(a)

is attached to the remains of an aircraft or ship, a reef or anything else; or

(b)

is located in, on or below the surface of a seabed or other land.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, applies to the indictable offence.

information notice, about a decision, means a notice stating—

(a)

that the person to whom the notice is given may appeal to the Planning and Environment Court against the decision within 20 business days after receiving the notice; and

(b)

the ground for an appeal; and

(c)

how to appeal.

interfere with, for part 9, division 1, see section 88.

interim protection order...

land includes Queensland waters and land covered by the waters.

local heritage agreement see section 80(2).

local heritage place means a place that—

(a)

is of cultural heritage significance for a local government area; and

(b)

is identified as a place of cultural heritage significance in the local government’s planning scheme or on the local government’s local heritage register.

local heritage register see section 112(b).

maintenance notice...

maintenance work...

member means a member of the council.

mining interest means a lease, claim or other interest in, or a permit, licence, authority or other right in relation to, land that is granted under—

(a)

the Mineral Resources Act 1989 or the Petroleum Act 1923; or

(b)

another Act related to mining for minerals, petroleum or natural gas.

minor repair work...

notice means written notice.

object...

other minor work...

owner—

1 An owner in relation to land, means—

(a)

for freehold land—the registered owner; or

(b)

for land the subject of a mining interest—the person who holds the interest; or

(c)

for land the subject of a GHG authority under the Greenhouse Gas Storage Act 2009—the person who holds the authority; or

(d)

for a road or other land under a local government’s control—the local government; or

(e)

for land in the area of a geothermal tenure under the Geothermal Energy Act 2010—the person who holds the tenure; or

(f)

for other land held from the State under another Act under an interest less than fee simple and conferring a right to possession of the land—the person who holds the interest; or

(g)

for land (licence area) the subject of a plantation licence or plantation sublicence under the Forestry Act 1959—the State, the plantation licensee and any plantation sublicensee for the licence area;

(h)

for unallocated State land under the Land Act 1994, land in a State forest, other than a licence area, or timber reserve under the Forestry Act 1959, or other land under the control of the State—the State.

2 Also, a mortgagee of land is the owner of land if the mortgagee is in possession of the land.

3 The owner of an artefact that is not permanently attached to, or under, land means a person legally entitled to possession of the artefact.

party to a heritage agreement or local heritage agreement includes any person who is bound by the agreement.

personal details requirement see section 140.

personal information, of an applicant, means the applicant’s name and address, or other information that may identify the applicant.

place—

1 Place means a defined or readily identifiable area of land, whether or not held under 2 or more titles or owners.

2 Place includes—

(a)

any feature on land mentioned in item 1; and

(b)

any part of the immediate surrounds of a feature mentioned in paragraph (a) that may be required for its conservation.

place of seizure see section 143.

Planning Act means the Planning Act 2016.

Planning and Environment Court...

planning chief executive means the chief executive of the department in which the Planning Act is administered.

planning scheme means a planning scheme under the Planning Act.

post-amended Act, for part 15, division 2, see section 181.

pre-amended Act, for part 15, division 2, see section 181.

previous Act, for part 15, division 1, means this Act as in force before 28 November 2003.

protected area means an area declared to be a protected area under part 10.

protected object...

protected relic...

public notice means notice published in—

(a)

the gazette; and

(b)

in a newspaper circulating generally in the area in which the place or artefact to which the notice relates is situated.

public office, of a local government, means the local government’s public office under the Local Government Act 2009.

Queensland heritage place means a State heritage place or a protected area.

Queensland heritage register means the register kept under part 3.

register, for part 15, division 2, see section 181.

registered place...

registrar of titles means the registrar of titles or other person responsible for keeping a register of interests in land.

remove—

(a)

in relation to removing a State heritage place from the Queensland heritage register, includes remove part of the State heritage place from the register; and

(b)

in relation to removing a place from a local heritage register, includes remove part of the place from the register.

repair and maintenance notice see 84(2).

restricted zone...

ship includes—

(a)

any vessel used in navigation by water; and

(b)

any marine concretions and accretions that are attached to the ship.

spent conviction...

State heritage place means a place entered in the Queensland heritage register as a State heritage place under part 4.

stop order see section 154(1) and (4).

territorial waters of the State...

Torres Strait Islander land has the meaning given by the Torres Strait Islander Land Act 1991.

underwater cultural heritage artefact means—

(a)

an historic aircraft wreck; or

(b)

an historic shipwreck; or

(c)

an historic underwater article.

waters...

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.