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This is the Heritage Act 2018.
This Act comes into operation as follows —
Part 1 (other than sections 3 to 10) — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
The objectives of this Act are, with due regard for the rights of property ownership —
to promote understanding and appreciation of Western Australia’s cultural heritage; and
to recognise the importance of places of cultural heritage significance and their stories in understanding the course of Western Australia’s history; and
to provide for the identification and documentation of Western Australia’s places of cultural heritage significance; and
to encourage and facilitate the conservation, continuing use, development and adaptive reuse of places of cultural heritage significance in ways that represent high standards of heritage conservation and are in harmony with cultural heritage values.
In this Act, unless the contrary intention appears —
CEO means the chief executive officer of the Department;
chairperson means the person appointed under section 14(1) as chairperson of the Council;
consent order has the meaning given in section 55;
conservation, in relation to a place of cultural heritage significance, means the conservation of the place so as to retain its cultural heritage significance, including —
maintenance, preservation, restoration, reconstruction, adaptation and interpretation of the place; and
retention of the associations and meanings of the place; and
retention or reintroduction of a use of the place;
continuing protection order has the meaning given in section 57(1);
Council means the body established by section 11(1);
Crown land has the meaning given in Land Administration Act 1997 section 3(1);
cultural heritage significance has the meaning given in section 5(1);
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
development, in relation to land, has the meaning given in the Planning and Development Act 2005 section 4(1);
development approval means —
approval under the Planning and Development Act 2005 for the development of any land; or
approval, authorisation, consent or permission under any other written law to do anything that would or might significantly affect the physical character of any land;
heritage agreement means an agreement in operation under Part 7;
inspector means a person appointed under section 114(1) to be an inspector.
land description, in relation to a place, means a description sufficient to identify the location and boundaries of the land included in the place by reference to —
a certificate of title created for the purposes of the Transfer of Land Act 1893; or
particulars of any lot, plan, diagram or survey set out in such a certificate; or
in relation to land that is not under the operation of the Transfer of Land Act 1893 —
particulars set out in any muniments of title; or
other particulars sufficient to identify the location and boundaries of the land included in the place;
local planning scheme has the meaning given in Planning and Development Act 2005 section 4(1);
Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1);
occupier, in relation to land, means a person by whom or on whose behalf the land is lawfully occupied or, if there is no person in lawful occupation, a person entitled to possession of the land;
owner, in relation to land, has the meaning given in section 6;
owner, in relation to a place, means an owner of any land that is included in the place;
place has the meaning given in section 7(1);
prescribed means prescribed by the regulations;
protection order means —
a consent order; or
a continuing protection order; or
a stop work order;
public authority means any of the following —
a Minister of the Crown;
an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);
a local government or regional local government;
a body or instrumentality, whether incorporated or not, or the holder of an office, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;
register means the State Register of Heritage Places established and maintained under section 35(1);
registered land means land that is included in a registered place;
registered place means a place in relation to which there is an entry in the register;
repair order has the meaning given in section 65(1);
staff, in relation to the Council, includes —
staff of the Department provided to the Council under section 25; and
officers and employees of which the Council makes use under section 26(1);
statutory notification means a notification given by the Council in accordance with section 163(3);
stop work order has the meaning given in section 56(1);
Tribunal means the State Administrative Tribunal.
In this Act —
cultural heritage significance means aesthetic, historic, scientific, social or spiritual value for individuals or groups within Western Australia.
Cultural heritage significance may be embodied in a place itself and in any of its fabric, setting, use, associations, meanings, records, related places and related objects.
A place may have diverse values for different individuals or groups.
In this Act —
owner, in relation to land, means —
if the land is Crown land in a managed reserve as defined in the Land Administration Act 1997 section 3(1), the management body of that reserve; and
if the land is Crown land vested in a person under a written law other than the Land Administration Act 1997, that person; and
if the land is Crown land that is a road, whichever of the following has the care, control and management of the road under a written law —
the local government in whose district the road is situated;
the Commissioner of Main Roads;
the Minister to whom the administration of the Public Works Act 1902 is committed;
and
if the land is Crown land not mentioned in paragraph (a), (b) or (c) that is subject to a lease, the Minister for Lands and the lessee under the lease; and
in relation to any other Crown land, the Minister for Lands; and
in relation to land that is not Crown land —
if the land is subject to the Transfer of Land Act 1893 or the Land Administration Act 1997, a proprietor within the meaning of the Transfer of Land Act 1893; and
if the land is subject to the Registration of Deeds Act 1856, the holder of an estate or interest registered by memorial under that Act; and
a mortgagee or encumbrancee in possession of the land;
and
in any case, a person who is the holder of, or has made application for, a mining tenement under the Mining Act 1978 in respect of the land or a permit or licence under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967 in respect of the land.
[Section 6 amended: No. 17 of 2024 s. 433.]
In this Act —
place means a defined or readily identifiable area of land and may include any of the following things that are in, on or over the land —
archaeological remains;
buildings, structures, other built forms, and their surrounds;
equipment, furniture, fittings and other objects (whether fixed or not) that are historically or physically associated or connected with the land;
gardens and man‑made parks or sites;
a tree or group of trees (whether planted or naturally occurring) in, or adjacent to, a man‑made setting.
For the purposes of the definition of place in subsection (1) —
the area of land may include any number of contiguous or non‑contiguous parts; and
the area of land may be included in any number of lots, in separate titles and in different ownerships; and
the area of land includes as much of the land beneath the surface as is required for the purposes of conservation; and
it is immaterial that water covers the area of land at any particular time or at all times.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act does not apply to a place —
that comprises only the natural environment; or
that has cultural heritage significance solely on account of its connection with Aboriginal tradition or culture.
[Section 9 amended: No. 27 of 2021 s. 349(2); No. 23 of 2023 s. 29(2).]
Nothing in this Act affects the operation of —
the Aboriginal Heritage Act 1972; or
the Conservation and Land Management Act 1984; or
the Environmental Protection Act 1986; or
the Maritime Archaeology Act 1973.
[Section 10 amended: No. 27 of 2021 s. 349(3); No. 23 of 2023 s. 29(3).]
A body called the Heritage Council of Western Australia is established.
The Council is a body corporate with perpetual succession.
A proceeding may be taken by or against the Council in its corporate name.
The Council is an agent of the State and has the status, immunities and privileges of the State.
The Council is the State’s expert body on matters concerning places of cultural heritage significance, other than places —
that comprise only the natural environment; or
that have cultural heritage significance solely on account of their connection with Aboriginal tradition or culture.
[Section 12 amended: No. 27 of 2021 s. 349(4); No. 23 of 2023 s. 29(4).]