Heritage Places Act 1993

In this Act, unless the contrary intention appears—

archaeological artefact means any matter forming part of an archaeological deposit, or any artefact, remains or material evidence associated with an archaeological deposit, that relates to the non-Aboriginal settlement of South Australia, or to an activity undertaken by a person as part of the exploration of South Australia, but does not include the remains of a ship or an article associated with a ship;

associate—see subsection (3);

Council means the South Australian Heritage Council established under Part

2;

Court means the Environment, Resources and Development Court;

dispose of includes sell, part with possession or conceal;

domestic partner means a person who is a domestic partner within the meaning of the

Family

Relationships Act 1975, whether declared as such under that Act or not;

Fund means the South

Australian Heritage Fund;

heritage significance—see section 16;

land includes land covered with water;

local council means a council constituted under the Local

Government Act 1999;

local heritage place means a place that is designated as a place of local heritage value by the Planning and Design Code;

mining tenement means—

a mineral claim, a lease or a licence under the Mining

Act 1971;

or

a precious stones tenement under the Opal

Mining Act 1995;

or

a licence under the Energy

Resources Act 2000;

or

a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982;

or

a licence under the Offshore

Minerals Act 2000;

object means a natural or manufactured object and includes—

an archaeological artefact; or

a geological, palaeontological or speleological specimen, but does not include an Aboriginal object within the meaning of the

Aboriginal

Heritage Act 1988;

owner of land means—

if the land is unalienated from the Crown—the Crown;

if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple;

if the land is held from the Crown by lease or licence—the lessee or licensee;

if the land is held from the Crown under an agreement to purchase—the person who has the right of purchase, and if the land is subject to a mining tenement a reference to the owner of the land extends to the holder of the tenement;

place means—

any site or area, with or without improvements;

any land;

any building, structure or other work, whether temporary or permanent or moveable or immovable (including an item or thing that is permanently fixed or moored);

any other location, item or thing that constitutes a place within the

State, and includes—

any fixtures or fittings;

any land where a place is situated;

any subsurface area;

any

part of a place;

Planning and Design Code means the Planning and Design Code under the Planning,

Development and Infrastructure Act 2016;

protection order means an order issued under section 39A;

Register means the South Australian Heritage Register;

Registrar-General includes the Registrar-General of Deeds;

repair order—see section 39B;

restoration order—see section 39C;

River

Murray Protection Area means a River Murray Protection Area under the River

Murray Act 2003;

specimen includes sample;

spouse—a person is the spouse of another if they are legally married;

State

Heritage Area means an area established as a State Heritage Area by the Planning and Design Code;

State

Heritage Place means—

a place entered, either as a provisional or confirmed entry, in the

Register under Part

4; or

a place within an area established as a State Heritage Area; or

a place taken to be entered in the Register under Schedule

1 (as enacted on the commencement of this Act);

structure includes a fence, wall or ruin.

For the purposes of this Act, a place of geological, palaeontological, speleological or archaeological significance is a place so designated by the South Australian Heritage Council under section 14(7).

For the purposes of this Act, a person is an associate of another if—

they are partners; or

1 is a spouse, domestic partner, parent or child of another; or

they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or

they are related bodies corporate within the meaning of the Corporations

Act 2001 of the Commonwealth; or

a chain of relationships can be traced between them under any 1 or more of the above paragraphs.

For the purposes of subsection (3), a beneficiary of a trust includes an object of a discretionary trust.