Heritage‑protected places
8 Heritage‑protected places
A heritage‑protected place is a place —
that is entered in the State Register of Heritage Places under the Heritage Act 2018 section 42; or
that is under consideration for entry into the State Register of Heritage Places as described in subclause (2); or
that is the subject of an order under the Heritage Act 2018 Part 4; or
that is the subject of a heritage agreement that has been certified under the Heritage Act 2018 section 90; or
that is included on a heritage list established under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 8(1) as that clause has effect as part of a local planning scheme of a local government; or
that is within a heritage area designated under the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 clause 9 as that clause has effect as part of a local planning scheme of a local government.
For the purposes of subclause (1)(b), a place is under consideration for entry into the State Register of Heritage Places if —
the Heritage Council has made a preliminary determination under the Heritage Act 2018 section 39(2) that the place warrants review under section 40(1) of that Act but the review has not commenced; or
the Heritage Council has commenced but has not completed a review of the place under the Heritage Act 2018 section 40(1); or
the Heritage Council has made a recommendation under the Heritage Act 2018 section 40(2) that the place be entered in the State Register of Heritage Places but the Minister for Heritage has not yet given a direction under section 41(1) of that Act in relation to that recommendation.
[Clause 8 inserted: Act No. 41 of 2024 s. 5.]
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