Heritage Act 2018

Regulations may prescribe provisions relating to —

the terms used in heritage agreements and the interpretation of those terms; and

the scope, duration and termination of heritage agreements; and

the manner of providing notices under heritage agreements; and

remedies for breach or repudiation of heritage agreements or default under heritage agreements; and

the governing law of heritage agreements; and

procedures for resolving disputes arising under or in connection with heritage agreements; and

the measurement of damages, compensation or penalties in connection with heritage agreements; and

any other matter connected with the formation, interpretation and enforcement of heritage agreements.

The regulations must designate each provision prescribed under subsection (1) as —

an implied provision; or

a model provision.

A designation under subsection (2)(a) may be expressed to have effect in relation to all heritage agreements, or prescribed heritage agreements, or a prescribed class of heritage agreements.

An implied provision cannot apply to a heritage agreement made before the coming into operation of this section.

If a provision is designated under subsection (2)(a) as an implied provision in relation to a heritage agreement —

the implied provision has effect as a provision of the heritage agreement; and

if it is inconsistent with another provision of the heritage agreement, the implied provision prevails and the other provision is, to the extent of the inconsistency, of no effect.

A provision designated under subsection (2)(b) as a model provision in relation to a heritage agreement may be included as a provision of the heritage agreement by appropriate reference in the express terms of the heritage agreement.