reg 1Objectives

The objectives of these Regulations are—

(a)

to prescribe forms and documents for the purposes of the Heritage Act 2017; and

Reg. 1(b) amended by S.R. No. 3/2024 reg. 5(1).

(b)

to prescribe fees payable in relation to certain permits, reviews, consents, exclusions and certificates under the Act; and

Reg. 1(c) amended by S.R. No. 3/2024 reg. 5(2).

(c)

to exempt particular classes of people from certain fees; and

(d)

to authorise the Heritage Council to waive certain fees prescribed in these Regulations; and

(e)

to prescribe infringement offences and infringement penalties; and

(f)

to prescribe other matters for the purposes of the Act.

reg 2Authorising provisions

These Regulations are made under sections 255 and 256 of the Heritage Act 2017.

reg 3Commencement

These Regulations come into operation on 1 November 2017.

reg 4Definitions

In these Regulations—

community group means a not-for-profit society, association or club (other than a charity)—

(a)

established for the purpose of educating the community about, or to protect, a place or object; and

(b)

whose officers receive no remuneration or gratuity for their services to the society, association or club;

Reg. 4 def. of the Act amended by S.R. No. 3/2024 reg. 6(1).

the Act means the Heritage Act 2017;

Reg. 4 def. of traditional owner inserted by S.R. No. 3/2024 reg. 6(2).

traditional owner has the same meaning as it has in section 7 of the Aboriginal Heritage Act 2006.

reg 5Form of application to nominate place or object for inclusion in the Heritage Register

For the purposes of section 27(2) of the Act, the prescribed form is the form set out in Schedule 1.

Reg. 5A inserted by S.R. No. 3/2024 reg. 7.

reg 5AForm of nomination of object integral to place

For the purposes of section 27A(3) of the Act, the prescribed form is the form set out in Schedule 1A.

Reg. 5B inserted by S.R. No. 3/2024 reg. 7.

reg 5BForm of nomination of additional land as part of a place

For the purposes of section 27B(3) of the Act, the prescribed form is the form set out in Schedule 1A.

reg 6Fee for lodging review of Executive Director's refusal of nomination for the Heritage Register

Subject to regulation 26, for the purpose of section 30(2)(b) of the Act, the prescribed fee is 25 fee units.

Reg. 6A inserted by S.R. No. 3/2024 reg. 8.

reg 6APersons or bodies that may apply for an exclusion determination

(1)

For the purposes of section 36A(1) of the Act, in the case of an exclusion determination required for the sole purpose of facilitating a major development, the following persons or bodies are prescribed—

(a)

the government asset manager that is responsible for the major development;

(b)

the Department Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development;

(c)

the public authority that is responsible for the major development;

(d)

the Administrative Office Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development.

(2)

In this regulation—

major development includes the carrying out of one or more, or an interrelated series of one or more, activities including the following activities, the cost of which is more than $5 million—

(a)

the construction, alteration or extension of a building or transport infrastructure;

(b)

the construction or the carrying out of works;

(c)

the demolition or removal of a building, transport infrastructure or works;

(d)

the subdivision or consolidation of land, airspace or buildings;

(e)

the installation or provision, or operation of, facilities or services;

(f)

the relocation, deepening or widening of a waterway;

transport infrastructure has the same meaning as in the Major Transport Projects Facilitation Act 2009.

Reg. 6B inserted by S.R. No. 3/2024 reg. 8.

reg 6BPersons who may prepare an application for an exclusion determination

For the purposes of section 36A(2)(b) of the Act, the following persons are prescribed—

(a)

a person who is suitably qualified and experienced in identifying and assessing the cultural heritage significance of places, objects or land;

(b)

a person or a member of a class of persons approved by the Executive Director for the purposes of this regulation.

Reg. 6C inserted by S.R. No. 3/2024 reg. 8.

reg 6CForm of application for an exclusion determination

For the purposes of section 36A(2)(a) of the Act, the prescribed form is the form set out in Schedule 1B.

Reg. 6D inserted by S.R. No. 3/2024 reg. 8.

reg 6DFee to apply for an exclusion determination

For the purposes of section 36A(2)(e) of the Act, the prescribed fee is 480 fee units.

Reg. 6E inserted by S.R. No. 3/2024 reg. 8.

Heritage Regulations 2017

About this Act