s 1Purpose

The purpose of this Act is to re-enact with amendments the Heritage Act 1995—

(a)

to provide for the protection and conservation of the cultural heritage of the State; and

(b)

to establish a Victorian Heritage Register for the registration of places and objects; and

(c)

to establish a Heritage Inventory for the recording of archaeological sites and approved sites of archaeological value; and

(d)

to establish a Heritage Council to perform functions in relation to cultural heritage; and

(e)

to establish a Heritage Fund to provide for the conservation and management of cultural heritage; and

(f)

to provide for the management of places included in the World Heritage List; and

(g)

to create offences and other enforcement measures to protect and conserve cultural heritage.

s 2Commencement

(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 November 2017, it comes into operation on that day.

s 3Definitions

(1)

In this Act—

Aboriginal person has the same meaning as in the Aboriginal Heritage Act 2006;

Aboriginal tradition has the same meaning as in the Aboriginal Heritage Act 2006;

alter, in relation to a place or object, means to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration;

approved site of archaeological value means a site of archaeological value approved by the Heritage Council under section 133;

Approved World Heritage Management Plan means a World Heritage Management Plan approved under Part 9 and includes any approved amendments to that plan;

Approved World Heritage Strategy Plan means a World Heritage Strategy Plan approved under Part 9 and includes any approved amendments to that plan;

archaeological artefact means an object (other than a shipwreck artefact) which provides information of past activity in the State and—

(a)

is associated with an archaeological site; or

(b)

is associated with a registered archaeological place; or

(c)

is associated with an approved site of archaeological value; or

(d)

is associated with a place that was an archaeological site, registered archaeological place or approved site of archaeological value;

archaeological site means a place (other than a shipwreck) which—

(a)

contains an artefact, deposit or feature which is 75 or more years old; and

(b)

provides information of past activity in the State; and

(c)

requires archaeological methods to reveal information about the settlement, development or use of the place; and

(d)

is not associated only with Aboriginal occupation of the place;

S. 3(1) def. of audio link inserted by No. 5/2023 s. 13.

audio link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

S. 3(1) def. of audio visual link inserted by No. 5/2023 s. 13.

audio visual link has the same meaning as in section 42C of the Evidence (Miscellaneous Provisions) Act 1958;

building includes a structure, work and fixture, and any part of a building, structure, work or fixture;

S. 3(1) def. of building permit inserted by No. 5/2023 s. 25(a).

building permit means a building permit issued under the Building Act 1993;

S. 3(1) def. of business day inserted by No. 5/2023 s. 25(a).

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;

committee means a committee established under section 13;

conservation includes—

(a)

the retention of the cultural heritage significance of a place or object; and

(b)

any maintenance, protection, preservation, restoration, reconstruction or sustainable use of a place or object;

corporate plan means a corporate plan prepared by the Heritage Council and approved by the Minister under clause 9 of Schedule 1;

cultural heritage means places and objects of—

(a)

cultural heritage significance; or

(b)

State-level cultural heritage significance;

cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage permit has the same meaning as in the Aboriginal Heritage Act 2006;

cultural heritage significance means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance;

S. 3(1) def. of Department amended by No. 5/2023 s. 25(b).

Department means the Department of Transport and Planning;

develop, in relation to a place, means—

(a)

to construct or alter the place or a building on the place; or

(b)

to demolish or remove a building or structure on the place; or

(c)

to carry out any works on, over or under the place; or

(d)

to subdivide or consolidate land comprising the place, including any building or airspace; or

(e)

to place or relocate a building or structure on the place; or

(f)

to construct or put up for display signs or hoardings;

dispose, in relation to a place or object, includes—

(a)

any assumption of any of the rights of an owner in relation to the place or object; and

(b)

any dealing in the place or object whether for reward or not; and

(c)

selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange the place or object;

S. 3(1) def. of exclusion determination inserted by No. 5/2023 s. 19.

exclusion determination—see section 36A;

Executive Director means the Executive Director employed under section 18;

executive officer means an executive officer of the Heritage Council employed under section 22;

S. 3(1) def. of First Peoples' Assembly Heritage Council member inserted by No. 45/2025 s. 253.

First Peoples' Assembly Heritage Council member means the person referred to in section 10(2)(c) appointed to the Heritage Council by the First Peoples' Assembly;

government asset manager means a Minister or any entity responsible for the care, management or control of—

(a)

a building on government land; or

(b)

government land; or

(c)

a government object;

government land means land, other than Crown land which is permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978 and vested in trustees or is under the control of a committee of management under that Act, which is—

(a)

Crown land; or

(b)

land vested in a Minister; or

(c)

land vested in a public authority;

government object means an object owned by or vested in—

(a)

the Crown; or

(b)

a Minister; or

(c)

a public authority;

harm, in relation to a place or object, includes moving or removing any part of the place or object;

heritage certificate means a certificate given under section 58;

Heritage Council means the Heritage Council established under Division 1 of Part 2;

Heritage Fund means the Heritage Fund established under Part 11;

Heritage Inventory means the Heritage Inventory established under Division 1 of Part 6;

Heritage Register means the Victorian Heritage Register established under Division 1 of Part 3;

historic shipwreck has the meaning given by section 4;

historic shipwreck artefact has the meaning given by section 5;

inspector means—

(a)

an inspector appointed under Part 10; or

(b)

a police officer;

interim protection order means an order issued under Division 1 of Part 8;

listed place means a place in the State which is included in the World Heritage List and is recorded in the Heritage Register;

S. 3(1) def. of municipal council amended by No. 9/2020 s. 390(Sch. 1 item 53).

municipal council means a Council within the meaning of the Local Government Act 2020;

National Trust means the National Trust of Australia (Victoria);

notice of intended action—see section 230;

object includes—

(a)

any fixed or non-fixed object; and

(b)

a collection of objects; and

(c)

a shipwreck artefact; and

(d)

an archaeological artefact;

owner means—

(a)

in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958, other than land in an identified folio under that Act—the person who is registered or entitled to be registered as proprietor of an estate in fee simple in the land; or

(b)

in relation to land which has been alienated in fee by the Crown and is under the Transfer of Land Act 1958, being land in an identified folio under that Act—the person who is the owner of the fee or equity of redemption; or

(c)

in relation to land which has been alienated in fee by the Crown but is land not under the operation of the Transfer of Land Act 1958—the person who is the owner of the fee or equity of redemption; or

(d)

in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management—the Minister administering that Act; or

(e)

in relation to any other Crown land—the Minister or public authority that manages or controls the land; or

(f)

in relation to land affected by an owners corporation—

(i)

any owner of affected lots; and

(ii)

the owners corporation in relation to any common property for which the owners corporation is responsible;

S. 3(1) def. of personal information inserted by No. 5/2023 s. 4.

personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

place includes—

(a)

an archaeological site; and

(b)

an area of land covered with water; and

(c)

a building; and

(d)

a garden; and

(e)

a landscape; and

(f)

a precinct; and

(g)

a shipwreck; and

(h)

a site; and

(i)

a tree; and

(j)

land associated with any thing specified in paragraphs (a) to (i);

place of worship means a place used for religious activities, including a chapel, church, mosque, synagogue or temple;

S. 3(1) def. of planning permit inserted by No. 5/2023 s. 25(a).

planning permit means a permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987;

possess, in relation to an item, includes—

(a)

having the custody or control of the item by any means; and

(b)

controlling access to the item, either alone or in the company or with the assistance of others;

protected zone means a place included in the Heritage Register as a protected zone;

public authority means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council;

S. 3(1) def. of public availability requirements inserted by No. 5/2023 s. 4.

public availability requirements—see section 254A;

rectification order means an order issued under Division 3 of Part 8;

registered archaeological artefact means an object included in the Heritage Register as a registered archaeological artefact;

registered archaeological place means a place included in the Heritage Register as a registered archaeological place;

registered object means an object included in the Heritage Register;

registered place means a place included in the Heritage Register;

registered shipwreck means—

(a)

a shipwreck included in the Heritage Register under section 49; or

Note

place is defined to include a shipwreck—see paragraph (g) of that definition.

(b)

a historic shipwreck that has been included in the Heritage Register; or

(c)

a place appearing to be a shipwreck provisionally registered under section 68;

registered shipwreck artefact means—

(a)

a shipwreck artefact included in the Heritage Register under section 49; or

Note

object is defined to include a shipwreck artefact—see paragraph (c) of that definition.

(b)

a historic shipwreck artefact that has been included in the Heritage Register; or

(c)

an object appearing to be a shipwreck artefact provisionally registered under section 68;

S. 3(1) def. of relevant survey purpose amended by No. 5/2023 s. 25(c).

relevant survey purpose means the purpose of—

(a)

discovering an archaeological site; or

(b)

preparing a cultural heritage management plan; or

(c)

acting in accordance with a cultural heritage permit;

repair order means an order made under Division 2 of Part 8;

residence means a building or part of a building ordinarily used as a residence;

responsible authority has the meaning given by section 13 of the Planning and Environment Act 1987;

S. 3(1) def. of sea repealed by No. 5/2023 s. 25(d).

* * * * *

sea-bed means any land temporarily or permanently covered by Victorian waters;

ship includes any vessel used in navigation by water;

shipwreck means—

(a)

the remains or any part of the remains of a ship; and

(b)

any marine concretions and accretions that have become attached to the remains or any part of the remains of the ship;

shipwreck artefact means—

(a)

an artefact associated with a shipwreck, including an artefact appearing to have formed part of a ship or appearing to have been installed or carried on a ship; and

(b)

any marine concretions and accretions that have become attached to the artefact;

S. 3(1) def. of show cause notice inserted by No. 5/2023 s. 25(a).

show cause notice means a notice served under section 154(2);

site card, in relation to an investigation or survey of land, means a summary of information prepared in the prescribed form by the person undertaking the investigation or survey;

State-level cultural heritage significance means cultural heritage significance which is important to the history and development of the State;

statement of recommendation—see section 40;

S. 3(1) def. of statement of recom-mendation period inserted by No. 5/2023 s. 25(a).

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;

stop order means an order issued under Division 4 of Part 8;

underwater cultural heritage regulations means regulations made under section 256;

vehicle has the same meaning as in the Road Safety Act 1986;

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

Victorian waters means Victorian coastal waters and waters within the limits of the State;

works includes—

(a)

any physical intervention, excavation or action that may result in a permanent or temporary change to the appearance or physical nature of a place or object; and

(b)

any change to the natural or existing condition or topography of land; and

(c)

any removal or destruction of trees; and

(d)

any removal of vegetation or topsoil;

World Heritage Environs Area means an area declared to be a World Heritage Environs Area under Part 9;

World Heritage List has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

world heritage values has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

(2)

A reference in this Act to a shipwreck or to a shipwreck artefact being situated in any waters includes a reference to a shipwreck or shipwreck artefact—

(a)

being situated in or forming part of the sea‑bed or the sub-soil of the sea-bed beneath those waters; or

(b)

being situated in or forming part of a reef in those waters.

(3)

A reference in this Act to a shipwreck or to a shipwreck artefact being no longer situated in any waters includes a reference to a shipwreck or shipwreck artefact being situated on or forming part of land or the sub-soil of land.

(4)

An item must not be taken not to be a shipwreck or shipwreck artefact for the purposes of this Act by reason only that it is attached to a shipwreck, a reef, the sea-bed, land or the sub-soil of the sea‑bed or land.

s 4Meaning of historic shipwreck

(1)

Subject to subsection (5), a historic shipwreck is a shipwreck that has been situated in Victorian waters—

(a)

for 75 years or more; or

(b)

for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2)

Subsection (1) applies whether or not the existence or location of the shipwreck is presently known.

(3)

In addition but subject to subsection (5), a shipwreck that has been removed from Victorian waters at any time becomes a historic shipwreck—

(a)

75 years after the likely date that the shipwreck first came to rest on the sea-bed; or

(b)

if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the shipwreck first came to rest on the sea-bed.

(4)

Subsection (3) does not apply to a shipwreck that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5)

A shipwreck is not a historic shipwreck if it is—

(a)

a shipwreck specified under proclamation under subsection (6); or

(b)

a shipwreck of a class specified under proclamation under subsection (6).

(6)

The Governor in Council, by proclamation published in the Government Gazette, may specify a shipwreck, or a shipwreck of a specified class, is not a historic shipwreck.

s 5Meaning of historic shipwreck artefact

(1)

Subject to subsection (5), a historic shipwreck artefact is a shipwreck artefact that has been situated in Victorian waters—

(a)

for 75 years or more; or

(b)

for the number of years specified under proclamation under section 6 (a proclaimed number of years).

(2)

Subsection (1) applies whether or not the existence or location of the object is presently known.

(3)

In addition but subject to subsection (5), a shipwreck artefact that has been removed from Victorian waters at any time becomes a historic shipwreck artefact—

(a)

75 years after the likely date that the object first came to rest on the sea-bed; or

(b)

if there is a number of years specified under proclamation under section 6, the proclaimed number of years after the likely date the object first came to rest on the sea-bed.

(4)

Subsection (3) does not apply to an object that has been salvaged or recovered if the salvage or recovery was not contrary to any law in force at the time it occurred.

(5)

A shipwreck artefact is not a historic shipwreck artefact if it is—

(a)

an object specified under proclamation under subsection (6); or

(b)

an object of a class specified under proclamation under subsection (6).

(6)

The Governor in Council, by proclamation published in the Government Gazette, may specify an object, or an object of a specified class, is not a historic shipwreck artefact.

s 6Specification of period of years for determining a historic shipwreck or historic shipwreck artefact

(1)

The Governor in Council, by proclamation published in the Government Gazette, may specify a period of years for the purpose of section 4(1)(b) or 5(1)(b).

(2)

A period of years specified under subsection (1) cannot be—

(a)

less than 10 years; or

(b)

75 years or more.

s 7Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

s 8Application of Act

This Act does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition.

Part 2—Heritage administration

Division 1—Heritage Council

s 9Establishment of the Heritage Council

(1)

The Heritage Council is established.

(2)

The Heritage Council—

(a)

is a body corporate with perpetual succession; and

(b)

has a common seal; and

(c)

may sue and be sued in its corporate name; and

(d)

may acquire, hold and dispose of real and personal property; and

(e)

may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)

The common seal of the Heritage Council must be kept as directed by the Heritage Council.

(4)

All courts must take judicial notice of the seal of the Heritage Council on a document and, until the contrary is proved, must presume that the document was properly sealed.

s 10Members of the Heritage Council

S. 10(1) substituted by No. 45/2025 s. 254(1).

(1)

The Heritage Council consists of 10 members—

(a)

9 of whom, being the persons referred to in subsection (2)(a), (b) and (d), are appointed by the Governor in Council on the recommendation of the Minister; and

(b)

one of whom, being the person referred to in subsection (2)(c), is appointed by the First Peoples' Assembly.

(2)

Of the persons appointed as members of the Heritage Council—

(a)

7 persons must have recognised skills or expertise in one of each of the following areas—

(i)

archaeology;

(ii)

architectural conservation or architectural history;

(iii)

engineering or building construction;

(iv)

heritage law, planning law or property law;

(v)

financial management;

(vi)

history;

(vii)

urban or regional planning; and

(b)

one person must be appointed from a list of 3 names submitted to the Minister by the National Trust; and

(c)

one person must be an Aboriginal person who has relevant experience or knowledge of cultural heritage; and

(d)

one person must have a demonstrated understanding, expertise or interest in the State's heritage or in the management of heritage places.

(3)

If the National Trust does not submit a list of names to the Minister under subsection (2)(b) within one month after receiving a written request by the Minister, the Governor in Council may appoint a suitable person nominated by the Minister to fill the vacancy.

S. 10(4) inserted by No. 45/2025 s. 254(2).

(4)

The First Peoples' Assembly must give the Minister reasonable notice in writing of when it intends to commence the process of appointing the First Peoples' Assembly Heritage Council member.

s 11Functions and powers of the Heritage Council

(1)

The functions of the Heritage Council are—

(a)

to advise the Minister on the status of the State's cultural heritage resources and on any steps necessary to protect and conserve them; and

(b)

to make and publish guidelines in relation to the conservation of cultural heritage; and

(c)

to promote public understanding of the State's cultural heritage and develop and conduct community information and education programs; and

(d)

to advise government departments and agencies, municipal councils and other responsible authorities on matters relating to the protection and conservation of cultural heritage; and

(e)

to liaise with other bodies responsible for matters relating to the protection, conservation, management and promotion of cultural heritage; and

(f)

to initiate and undertake programs of research related to the identification, conservation or interpretation of cultural heritage; and

(g)

to include places or objects in the Heritage Register; and

(h)

to remove places or objects from the Heritage Register, or to amend the registration of a place or object; and

(i)

to remove sites from the Heritage Inventory; and

(j)

to conduct reviews of decisions of the Executive Director in relation to nominations, permits and consents; and

(k)

to develop, revise and publish the assessment criteria to be used in considering the cultural heritage significance of places and objects and determining whether those places or objects should or should not be included in the Heritage Register; and

(l)

to adopt, and forward to the Minister, World Heritage Strategy Plans and amendments to World Heritage Strategy Plans; and

(m)

to determine criteria for assessing whether a place has archaeological value; and

(n)

to advise the Minister administering the Planning and Environment Act 1987 on proposed amendments to planning schemes which may affect the protection or conservation of cultural heritage; and

(o)

to manage the Heritage Fund; and

(p)

to perform any other functions conferred on the Heritage Council under this Act or any other Act.

(2)

Subject to this Act, the Heritage Council has the power to do all things necessary or convenient to be done for, in connection with or incidental to, the performance of its functions.

s 12Assessment criteria regarding cultural heritage significance

In determining assessment criteria for inclusion of places and objects in the Heritage Register under section 11(1)(k), the Heritage Council must have regard to the following matters—

(a)

historical importance, association with or relationship to the State's history;

(b)

good design or aesthetic characteristics;

(c)

scientific or technical innovations or achievements;

(d)

social or cultural associations;

(e)

potential to educate, illustrate or provide further scientific investigation in relation to the State's cultural heritage;

(f)

importance in exhibiting a richness, diversity or unusual integration of features;

(g)

rarity or uniqueness of a place or object;

(h)

the representative nature of a place or object as part of a class or type of places or objects;

(i)

methods of establishing the extent to which land or objects nominated for inclusion in the Heritage Register in association with a registered place or a place nominated for inclusion are integral to the State-level cultural heritage significance of the place;

(j)

any other matter which is relevant to the determination of State-level cultural heritage significance.

Heritage Act 2017

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