Heritage Act 2018

A heritage agreement is a contract binding on the State and on all parties and, if notification in relation to the heritage agreement is registered under section 97 or notification is given under section 98, on their respective successors in title.

Subject to subsection (3), the Council, or the other public authority that entered into the agreement, on behalf of the State may enforce a heritage agreement against any owner of subject land upon whom it is binding.

The Council on behalf of the State must not institute or intervene in a proceeding arising out of a heritage agreement to which the Council is not a party, unless —

the public authority that entered into the heritage agreement on behalf of the State consents; or

the Minister certifies that in the Minister’s view the consent of the public authority has been unreasonably withheld.

If a public authority consents as provided in subsection (3)(a) or the Minister certifies as provided in subsection (3)(b) —

the Council on behalf of the State may be or become a party to the proceeding as if it had always been a party to the heritage agreement; and

the Council has all the rights, including rights of appeal, of a party to the heritage agreement and the proceeding; and

the costs of the proceeding on behalf of the State are to be borne by the Council unless the court otherwise orders.