AUSTRALIAN HERITAGE COMMISSION ACT 1975- Reprinted as at 31 August
1991
*1*The Australian Heritage Commission Act 1975 as shown in this reprint
comprises Act No. 57, 1975 amended as indicated in the Tables below.
Table of Acts
AHC 75/91(2) IDX
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Act Number Date Date of
Application,
and year of Assent commencement
saving or
transitional
provisions
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Australian
Heritage
Commission
Act 1975 57, 1975 19 June 1975 19 June 1975
Australian
Heritage
Commission
Amendment 135, 1976 2 Dec 1976 2 Dec 1976
S. 6 (2) and
Act 1976
(3)
Administrative
Changes
(Consequential
Provisions)
Act 1978 36, 1978 12 June 1978 12 June 1978
S. 8
Statute
Law
Revision
Act 1981 61, 1981 12 June 1981 S. 115: Royal Assent (a)
-
Public
Service
Reform 63, 1984 25 June 1984 S. 151 (1): 1 July 1984 (see
S. 151 (9)
Act 1984 Gazette 1984, No. S245) (b)
Public 166, 1985 11 Dec 1985 Ss. 1-3, 5, 30 (8), 31, 35,
S. 45 (2)
Service and 40 and 43: Royal Assent
Statutory S. 24: 15 Mar 1981
Authorities Ss. 12 and 15: 22 Dec 1984
Amendment S. 44: 21 July 1985
Act 1985 Ss. 27-29: 1 Jan 1986 (see
s. 2 (5) and Gazette 1985,
No. S563)
Ss. 14, 18, 21, 22, 30 (1)-(7)
and 32: 1 July 1986 (see Gazette
1986, No. S310)
Ss. 33, 34 and 36-39: 1 Apr
1986 (see Gazette 1986, No.
S134)
Remainder: 8 Jan 1986
Arts,
Territories
and
Environment 60, 1989 19 June 1989 Ss. 11 and 13: 7 Dec 1988
-
Legislation Part 5 (ss. 14 and 15): 11
Amendment May 1989 (see s. 2 (3))
Act 1989 Remainder: Royal Assent
Australian
Heritage
Commission
Amendment
Act 1990 17, 1991 21 Jan 1991 21 Jan 1991
S. 17
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(a) The Australian Heritage Commission Act 1975 was amended by section
115 only of the Statute Law Revision Act 1981, subsection 2 (1) of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on
the day on which it receives the Royal Assent."
(b) The Australian Heritage Commission Act 1975 was amended by
subsection 151 (1) only of the Public Service Reform Act 1984,
subsection 2 (4) of which provides as follows:
"(4) The remaining provisions of this Act shall come into operation
on such day as is, or such respective days as are, fixed by
Proclamation."
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
---------------------------------------------------------------------------
Provision affected How affected
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S. 3 am. No. 135, 1976; No. 17, 1991
S. 4 am. No. 17, 1991
S. 5 am. No. 135, 1976
S. 7 am. No. 135, 1976; No. 17, 1991
Ss. 8, 9 am. No. 135, 1976
S. 10 am. No. 17, 1991
S. 12 am. No. 135, 1976; No. 63, 1984
S. 17 am. No. 135, 1976; No. 63, 1984
S. 20 am. No. 60, 1989
S. 22 am. No. 17, 1991
S. 23 am. No. 135, 1976; No. 17, 1991
Ss. 23A, 23B ad. No. 17, 1991
S. 24 am. No. 17, 1991
Ss. 24A-24C ad. No. 17, 1991
S. 26 am. No. 61, 1981; No. 17, 1991
S. 30 am. No. 135, 1976; No. 17, 1991
Part VA (ss. 31A-31E) ad. No. 17, 1991
Ss. 31A-31E ad. No. 17, 1991
Ss. 32, 33 am. No. 135, 1976
S. 34 am. No. 36, 1978
S. 39 am. No. 17, 1991
S. 42 am. No. 135, 1976
S. 43 am. No. 36, 1978
S. 45 am. No. 135, 1976; No. 17, 1991
S. 46 am. No. 166, 1985
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TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. National Estate
5. Extension to Territories
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN HERITAGE
COMMISSION
6. Australian Heritage Commission
7. Functions of Commission
8. Consultation by Commission
9. Departments and authorities to assist Commission
10. Powers of Commission
PART III-CONSTITUTION AND MEETINGS OF THE COMMISSION
11. Nature of Commission
12. Membership of Commission
13. Term of office
14. Remuneration and allowances
15. Resignation
16. Acting Chairman
17. Deputies
18. Termination of appointment of Commissioner
19. Disclosure of interest
20. Meetings
21. Co-opted Commissioners
PART IV-THE REGISTER OF THE NATIONAL ESTATE
22. Register of the National Estate
23. Entry of place in Register
23A. Notification before publication of public notice
23B. Appointment of assessors
24. Removal of place from Register
24A. Upmost consideration to be given to significance of a place as
part of the national estate when dealing with objection
24B. Supply of materials by the Commission
24C. Discretion of the Commission not to disclose precise location
of a place
25. Directions by the Minister
26. Interim List
27. Inspection of the Register
PART V-PROTECTION OF THE NATIONAL ESTATE
28. Advice by Commission
29. Reports by Commission
30. Duties of Ministers and authorities
31. Places deemed to be in Register
PART VA-NATIONAL ESTATE GRANTS PROGRAM
31A. Application for grant
31B. Commission to give advice on selection etc. of projects
31C. Grant of financial assistance
31D. Variation of grants
31E. Appropriation
PART VI-STAFF
32. Staff of Commission
33. Public servants to assist Commission
PART VII-FINANCE
34. Moneys payable to Commission
35. Application of moneys
36. Estimates of receipts and expenditure
37. Commission not to borrow
38. Bank accounts
39. Power to purchase and dispose of assets
40. Proper accounts to be kept
41. Audit
42. Taxation
An Act to establish an Australian Heritage Commission
PART I-PRELIMINARY
SECT 1 Short title
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AHC 75/91(2) TOP
1. This Act may be cited as the Australian Heritage Commission Act
1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 2 Commencement
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AHC 75/91(2) TOP
2. This Act shall come into operation on the day on which it receives
the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 3 Interpretation
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AHC 75/91(2) TOP
3. (1) In this Act, unless the contrary intention appears:
'appropriate Minister', in relation to a State or an internal
Territory, means:
(a) the Minister designated by that State or Territory for the
purposes of
this Act; or
(b) any other Minister of that State or Territory for the time
being acting
for and on behalf of that Minister;
and includes a delegate of the Minister referred to in paragraph (a) or
(b);
'approved body' means a body approved by the Minister for the purposes
of this Act, being:
(a) an authority or body established by or under a law of the
Commonwealth;
(b) an authority of a State or of a Territory; or
(c) a local governing body; or
(d) any body corporate constituted for purposes other than the
acquisition
of gain by its individual members;
'Australia' includes the external Territories to which this Act
extends;
'authority of the Commonwealth' includes:
(a) all authorities and bodies (not being companies or societies)
established by or appointed under the laws of the Commonwealth or of a
Territory other than the Australian Capital Territory, the Northern
Territory or Norfolk Island; and
(b) a company (other than Australian Airlines Limited) in which the
whole of
the shares or stock, or shares and stock carrying more than one-half of
the voting power, is or are owned by or on behalf of the Commonwealth;
but does not include the Commission or a court;
'Chairman' means the Chairman of the Commission;
'Commission' means the Commission established by this Act;
'conservation', in relation to the national estate, includes
protection, maintenance and preservation, and 'conserve' has a
corresponding meaning;
'co-opted Commissioner' means a person appointed under subsection 21
(1) to be a co-opted Commissioner;
'Department' means a department of the Australian Public Service;
'Environment Protection Act' means the Environment Protection (Impact
of Proposals) Act 1974-1975;
'grants program' means the program referred to in paragraph 7 (da);
'improvement', in relation to the national estate, includes the
restoration of places included in the national estate, and 'improve' has
a corresponding meaning;
'Interim List' means the list kept under section 26;
'National Estate project' means a project relating to:
(a) the identification of a place included in the National Estate; or
(b) the conservation, improvement or presentation of a place
entered in the
Register or in the Interim List;
'owner', in relation to any real property, means:
(a) if the property is held in fee simple-the person in whom the
fee simple
is vested; or
(b) if the property is held under a lease from the Crown (other
than a lease
for the exploration or exploitation of minerals or a lease of a similar
limited nature)-the lessee of the property;
'place' includes:
(a) a site, area or region;
(b) a building or other structure (which may include equipment,
furniture,
fittings and articles associated with or connected with such building or
other structure); and
(c) a group of buildings or other structures (which may include
equipment,
furniture, fittings and articles associated with or connected with such
group of buildings or other structures);
and, in relation to the conservation or improvement of a place, includes
the immediate surroundings of the place;
'presentation', in relation to the national estate, includes:
(a) the exhibition or display of;
(b) the provision of access to; and
(c) the publication of information in relation to;
places included in the national estate, and 'present' has a
corresponding meaning;
'Register' means the Register of the National Estate kept in pursuance
of this Act;
'representative Commissioner' means a Commissioner whose appointment
is authorized by subsection 12 (1A);
'Territory' means an internal Territory or an external Territory to
which this Act extends.
(2) In this Act, a reference to public notice is a reference to notice
published:
(a) in the Gazette;
(b) in a local newspaper, if any, circulating in the area
concerned; and
(c) in each State and Territory, in a newspaper circulating
throughout that
State or Territory.
SECT 4 National Estate
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AHC 75/91(2) TOP
4. (1) For the purposes of this Act, the national estate consists of
those places, being components of the natural environment of Australia
or the cultural environment of Australia, that have aesthetic, historic,
scientific or social significance or other special value for future
generations as well as for the present community.
(1A) Without limiting the generality of subsection (1), a place that
is a component of the natural or cultural environment of Australia is to
be taken to be a place included in the national estate if it has
significance or other special value for future generations as well as
for the present community because of any of the following:
(a) its importance in the course, or pattern, of Australia's natural or
cultural history;
(b) its possession of uncommon, rare or endangered aspects of
Australia's
natural or cultural history;
(c) its potential to yield information that will contribute to an
understanding of Australia's natural or cultural history;
(d) its importance in demonstrating the principal characteristics of:
(i) a class of Australia's natural or cultural places; or
(ii) a class of Australia's natural or cultural environments;
(e) its importance in exhibiting particular aesthetic
characteristics valued
by a community or cultural group;
(f) its importance in demonstrating a high degree of creative or
technical
achievement at a particular period;
(g) its strong or special association with a particular community or
cultural group for social, cultural or spiritual reasons;
(h) its special association with the life or works of a person, or
group of
persons, of importance in Australia's natural or cultural history.
(2) For the purposes of this section, Australia includes the
territorial sea of Australia and the continental shelf of Australia.
(3) A place may form part of the national estate for the purposes of
this Act notwithstanding that the conservation, improvement or
presentation of the place is dealt with by another Act.
SECT 5 Extension to Territories
AHC 75/91(2) IDX
AHC 75/91(2) TOP
5. This Act extends to every external Territory.
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN HERITAGE
COMMISSION
SECT 6 Australian Heritage Commission
AHC 75/91(2) IDX
AHC 75/91(2) TOP
6. There is established by this Act a Commission by the name of the
Australian Heritage Commission.
SECT 7 Functions of Commission
AHC 75/91(2) IDX
AHC 75/91(2) TOP
7. The functions of the Commission are:
(a) on its own motion or on the request of the Minister, to give
advice to
the Minister, on matters relating to the national estate, including
advice relating to:
(i) action to identify, conserve, improve and present the national
estate; and
(ii) expenditure by the Commonwealth for the identification,
conservation, improvement and presentation of the national estate; and
(iii) the grant of financial or other assistance by the Commonwealth
for the identification, conservation, improvement or presentation of the
national estate;
(b) to encourage public interest in, and understanding of, issues
relevant
to the national estate;
(c) to identify places included in the national estate and to
prepare a
register of those places in accordance with Part IV;
(d) to furnish advice and reports in accordance with Part V;
(da) subject to Part VA, to administer the National Estate Grants
Program,
being the program devised for the grant by the Commonwealth, in
accordance with that Part, of financial assistance to the States and
internal Territories and to approved bodies for expenditure on National
Estate projects;
(e) to further training and education in fields related to the
conservation, improvement and presentation of the national estate;
(f) to make arrangements for the administration and control of places
included in the national estate that are given or bequeathed to the
Commission; and
(g) to organize and engage in research and investigation necessary
for the
performance of its other functions.
SECT 8 Consultation by Commission
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AHC 75/91(2) TOP
8. The Commission shall, in the performance of its functions in
relation to any matter, and so far as it considers appropriate having
regard to the nature of the matter, consult with Departments and
authorities of the Commonwealth and of the States, local government
authorities and community and other organizations and, in particular,
without limiting the generality of the foregoing, shall consult with the
Director of National Parks and Wildlife in relation to any matter that
concerns the establishment or management of a park or reserve under the
National Parks and Wildlife Conservation Act 1975.
SECT 9 Departments and authorities to assist Commission
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AHC 75/91(2) TOP
9. (1) All Departments and all authorities of the Commonwealth shall
give to the Commission such assistance in the carrying out of its
functions as is reasonably practicable.
(2) All Departments and all authorities of the Commonwealth shall
comply with all reasonable requests for information made to them by the
Commission in the performance of its functions.
SECT 10 Powers of Commission
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AHC 75/91(2) TOP
10. (1) The Commission may do all things that are necessary or
convenient to be done for or in connexion with the performance of its
functions and, in particular, without limiting the generality of the
foregoing, the Commission may:
(a) enter into contracts; and
(b) accept gifts, devises and bequests made to it, whether on trust or
otherwise, and act as trustee of moneys or other property vested in it
on trust.
(2) Notwithstanding anything contained in this Act, any moneys or
property vested in the Commission upon trust shall be dealt with in
accordance with the powers and duties of the Commission as trustee.
PART III-CONSTITUTION AND MEETINGS OF THE COMMISSION
SECT 11 Nature of Commission
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11. (1) The Commission:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take
judicial notice of the common seal of the Commission affixed to a
document and shall presume that it was duly affixed.
SECT 12 Membership of Commission
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12. (1) The Commission shall consist of:
(a) the Chairman; and
(b) not fewer than 4 nor more than 6 other Commissioners.
(1A) A person who is the Secretary of a Department or the Chairman of
an authority of the Commonwealth may be appointed as a Commissioner, but
not more than 2 such persons shall hold office as Commissioners at the
one time.
(2) The Commissioners shall be appointed by the Governor-General as
part-time Commissioners.
(3) The Chairman and not fewer than one-half of the other
Commissioners shall be persons who are not full-time officers or
employees of the Australian Public Service or full-time members,
officers or employees of an authority of the Commonwealth.
(4) The Commissioners, other than the representative Commissioners,
shall be persons having qualifications relevant to, or special
experience or interest in, a field related to the functions of the
Commission.
(5) For the purpose of making recommendations to the Governor-General
for the appointment of Commissioners referred to in paragraph (1) (b),
other than representative Commissioners, the Minister shall:
(a) have regard to the desirability of the membership of the
Commission
including persons resident in different parts of Australia; and
(b) consult, so far as he considers appropriate, with Ministers and
authorities of the States, local government authorities and community
and other organizations.
(7) The performance of the functions or the exercise of the powers of
the Commission is not affected by reason only of more than one-half of
the Commissioners, other than the Chairman, being, during a period of
not more than 6 months, persons who are officers or employees of the
Australian Public Service or members, officers or employees of an
authority of the Commonwealth.
(8) For the purposes of this section, where an authority of the
Commonwealth is constituted by one person, that person shall be deemed
to be the Chairman, and a member, of the authority.
(9) For the purposes of this section, where an authority of the
Commonwealth is constituted by 2 or more persons none of whom is called
the Chairman, the person who normally presides at meetings of the
authority shall be deemed to be the Chairman.
(10) The appointment of a Commissioner is not invalidated and shall
not be called in question by reason of a defect or irregularity in, or
in connexion with, his appointment.
SECT 13 Term of office
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13. (1) Subject to this Act, a Commissioner, other than a
representative Commissioner, holds office for such period, being not
more than 3 years, as the Governor-General specifies in the instrument
of his appointment, but is eligible for re-appointment.
(2) A person shall not hold office under subsection (1) for a
continuous period exceeding 6 years.
(3) A person who has held office under subsection (1) for a continuous
period of 6 years is not eligible for re-appointment for a term of
office commencing within 12 months after the expiration of that period.
(4) A representative Commissioner holds office during the pleasure of
the Governor-General.
SECT 14 Remuneration and allowances
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14. (1) A Commissioner, other than a representative Commissioner, and
a co-opted Commissioner shall be paid such remuneration as is determined
by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(2) A Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act
1973-1974.
SECT 15 Resignation
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15. A Commissioner, other than a representative Commissioner, may
resign his office by writing signed by him and delivered to the
Governor-General, but the resignation does not have effect until it is
accepted by the Governor-General.
SECT 16 Acting Chairman
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16. (1) The Minister may appoint a Commissioner, other than a
representative Commissioner, to act as Chairman:
(a) during a vacancy in the office of Chairman; or
(b) during any period, or during all periods, when the Chairman is
absent
from duty or from Australia or, for any reason, is unable to perform the
functions of his office;
but a person appointed to act during a vacancy shall not continue so to
act for more than 12 months.
(2) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as Chairman; and
(b) at any time terminate such an appointment.
(3) Where a person is acting as Chairman in accordance with paragraph
(1) (b) and the office of Chairman becomes vacant while that person is
so acting, that person may continue so to act until the Minister
otherwise directs, the vacancy is filled or a period of 12 months from
the date on which the vacancy occurred expires, whichever first happens.
(4) The appointment of a person to act as Chairman ceases to have
effect if he resigns the appointment by writing signed by him and
delivered to the Minister, but the resignation does not have effect
until it is accepted by the Minister.
(5) While the appointment of a person to act as Chairman remains in
force, he has, and may exercise, all the powers and shall perform all
the functions of the Chairman.
(6) The validity of anything done by a person acting as Chairman shall
not be called in question on the ground that the occasion for his
appointment had not arisen or that the appointment had ceased to have
effect.
SECT 17 Deputies
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17. (1) A representative Commissioner who is the Secretary of a
Department may, in writing, authorize an officer of that Department to
represent him at a meeting of the Commission.
(2) A representative Commissioner who is, or is deemed for the
purposes of section 12 to be, the Chairman of an authority of the
Commonwealth may, in writing, authorize another member of the authority
(if any) or an officer or employee of the authority to represent him at
a meeting of the Commission.
(3) A person authorized under subsection (1) or (2) to represent a
Commissioner at a meeting is entitled to attend the meeting in the place
of the Commissioner and, when so attending, shall be deemed to be a
Commissioner.
SECT 18 Termination of appointment of Commissioner
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18. (1) The Governor-General may terminate the appointment of a
Commissioner, other than a representative Commissioner, by reason of
misbehaviour or physical or mental incapacity.
(2) If a Commissioner:
(a) not being a representative Commissioner, is absent, except with
the
permission of the Minister, from 3 consecutive meetings of the
Commission;
(b) becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or
makes an assignment of his remuneration for their benefit; or
(c) fails to comply with his obligations under section 19;
the Governor-General shall terminate the appointment of the
Commissioner.
SECT 19 Disclosure of interest
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19. (1) A Commissioner who has a direct or indirect pecuniary interest
in a matter being considered or about to be considered by the
Commission, otherwise than as a member of, and in common with the other
members of, an incorporated company which consists of more than 25
persons and of which he is not a director, shall, as soon as possible
after the relevant facts have come to his knowledge, disclose the nature
of his interest at a meeting of the Commission.
(2) A Commissioner who is the member of an organization that has a
direct or indirect pecuniary or other special interest in a matter being
considered or about to be considered by the Commission shall, as soon as
possible after the relevant facts have come to his knowledge, disclose
his membership of that organization and the nature of that interest at a
meeting of the Commission.
(3) This section applies to and in relation to a person deemed to be a
Commissioner under subsection 17 (3) and a co-opted Commissioner.
SECT 20 Meetings
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20. (1) The Commission shall hold such meetings as are necessary for
the performance of its functions.
(2) The Chairman may at any time convene a meeting and shall ensure
that at least 4 meetings are held in each year.
(3) Where the Minister requests the Chairman to do so, the Chairman
shall forthwith convene a meeting.
(4) At a meeting, a quorum is constituted by a number of Commissioners
equal to a majority of the Commissioners for the time being holding
office.
(5) The Chairman shall preside at all meetings at which he is present.
(6) If the Chairman is not present at a meeting, the Commissioners
present shall elect one of their number to preside at the meeting.
(7) Questions arising at a meeting shall be determined by a majority
of the votes of the Commissioners present and voting but the vote shall
be void and of no effect unless the majority of deliberative votes are
made by Commissioners referred to in subsection 12 (3).
(8) The person presiding at a meeting has a deliberative vote and, in
the event of an equality of votes, also has a casting vote.
(9) In relation to a time when a person is acting as Chairman,
references in this section to the Chairman shall be read as references
to that person.
(10) If the Commission so determines, a Commissioner may participate
in, and form part of a quorum at, a meeting of the Commission by means
of any of the following methods of communication:
(a) telephone;
(b) closed circuit television;
(c) another method of communication determined by the Commission.
(11) A determination of the Commission under subsection (10) may be
made in respect of a particular meeting, or in respect of all meetings
of the Commission.
(12) A Commissioner who participates in a meeting as provided by
subsection (10) shall be taken for the purposes of this Part to be
present at the meeting.
(13) If the Commission so determines, a resolution shall be taken to
have been passed at a meeting of the Commission if, without meeting, a
majority of the number of Commissioners who would, if present at a
meeting of the Commission and entitled to vote on the resolution at that
meeting, have constituted a quorum of the Commission indicate agreement
with the resolution in accordance with the method determined by the
Commission.
SECT 21 Co-opted Commissioners
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21. (1) Subject to this section, the Commissioner may appoint a person
to be a co-opted Commissioner for such period, not exceeding 12 months,
as the Commission determines.
(2) A person appointed under subsection (1) may take part in the
deliberations of the Commission, but has no power to vote.
(3) For the purposes of the provisions of this Act, other than this
section and sections 14 and 19, a person appointed under subsection (1)
shall not be regarded as a Commissioner.
(4) Not more than 2 persons shall hold office as co-opted
Commissioners at any one time.
PART IV-THE REGISTER OF THE NATIONAL ESTATE
SECT 22 Register of the National Estate
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22. (1) The Commission shall keep a register, to be known as the
Register of the National Estate, in which will be listed places included
in the national estate.
(2) A place shall not be entered in the Register otherwise than in
accordance with section 23 or subsection 25 (2).
(3) The Commission shall enter a place in the Register by causing to
be entered in the Register a description of the place sufficient to
identify it and the date on which the entry is made.
(4) A place shall not be removed from the Register otherwise than in
accordance with section 24 or subsection 25 (5).
(5) Subject to subsection (6), the Commission shall remove a place
from the Register by causing to be entered in the Register, against the
description of that place, the statement that the place has been removed
from the Register and the date on which the statement is entered.
(6) The Commission is to remove from the Register a place that is part
of a place that is in the Register (in this subsection called the
'registered place') by causing to be entered in the Register, against
the description of the registered place:
(a) a description of the first-mentioned place sufficient to
identify it;
and
(b) a statement that the place so described, being part of the
registered
place, has been removed from the Register; and
(c) the date on which the statement is entered.
SECT 23 Entry of place in Register
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23. (1) Subject to this section and to section 25, where the
Commission considers that a place that is not in the Register should be
recorded as part of the national estate it shall enter the place in the
Register.
(2) The Commission shall not enter a place in the Register in
accordance with subsection (1) unless:
(a) it has, by public notice:
(i) stated that it intends to enter the place in the Register;
(ii) given a description of the place sufficient to identify it;
(iii) notified persons of their right to make written objection to the
entry of the place in the Register;
(iv) specified the date by which such objections are to be made, not
being earlier than 3 months after the date of publication of the notice
in the Gazette;
(v) stated that although such objections may be made on any ground,
the Commission will, in dealing with any objection, give upmost
consideration to the significance of the place as part of the national
estate;
(vi) stated that the Commission will supply, on request:
(A) if the location of the place cannot otherwise be readily
understood-a map of the place; and
(B) a statement regarding the significance of the place as part
of the national estate; and
(vii) specified an address to which such objections or requests may be
forwarded;
(b) the date specified in that notice has passed; and
(c) if a person has, not later than the date specified in that
notice, made
written objection to the Commission to the entry of the place in the
Register, the Commission has given due consideration to that objection.
(2A) If:
(a) a person has, in accordance with a notice under paragraph (2)
(a), made
written objection to the entry of a place in the Register; and
(b) the Commission has not:
(i) if subparagraph (ii) does not apply-within a period of 12 months
from the date specified in the notice; or
(ii) if, before the end of the period specified in subparagraph (i),
the Minister has, at the request of the Commission, extended that
period-within that period as so extended;
made a decision whether or not the place is to be entered in the
Register;
the Commission is to be taken to be of the opinion that the place should
not be recorded as part of the national estate.
(3) Where, after the giving of a public notice referred to in
paragraph (2) (a) in relation to a place but before the place has been
entered in the Register, the Commission becomes of the opinion, whether
by reason of its consideration of objections or otherwise, that the
place, or a place forming part of the place, should not be recorded as
part of the national estate, the Commission shall:
(a) by public notice:
(i) state that it has decided not to enter the place, or that part of
the place, in the Register;
(ii) notify interested persons of their right to make written
objection to the decision;
(iii) specify the date by which such objections are to be made, not
being earlier than 3 weeks after the date of publication of the notice
in the Gazette;
(iv) state that, the Commission will, in dealing with any objection,
give upmost consideration to the significance of the place as part of
the national estate;
(v) state that the Commission will supply, on request:
(A) if the location of the place cannot otherwise be readily
understood-a map of the place;
(B) a statement regarding the significance of the place as part
of the national estate; and
(C) a statement of the reasons for the Commission's decision in
relation to the place;
(vi) specify an address to which such objections or requests may be
forwarded; and
(b) if a person has, not later than the date specified in that
notice, made
written objection to the Commission to the decision, reconsider that
decision giving due consideration to the objection:
(i) if subparagraph (ii) does not apply-within a period of 12 months
from the date specified in the notice; or
(ii) if before the end of the period specified in subparagraph (i),
the Minister has, at the request of the Commission, extended that
period-within that period as so extended.
(4) Where a place is entered in the Register in accordance with
subsection (1) or subsection 25 (2), the Commission shall by public
notice state:
(a) that the place has been so entered; and
(b) that the Commission will supply on request sent to the address
specified
in the notice:
(i) if the location of the place cannot otherwise be readily
understood-a map of the place; and
(ii) a statement regarding the significance of the place as part of
the national estate; and
(iii) a statement of the reasons for the Commission's decision in
relation to the place.
SECT 23A Notification before publication of public notice
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23A.(1) Where the Commission intends to enter a place in the Register,
the Commission must give notice of its intention to:
(a) all owners of real property situated at the place; and
(b) the local government authority for the area in which the place is
situated;
at least 7 days before a public notice in respect of that place is
published under paragraph 23 (2) (a).
(2) Where the number of owners to be given notice does not exceed 50,
the notice is to be given by personal letter sent to each owner.
(3) Where the number of owners to be given notice exceeds 50, the
notice may be given:
(a) in accordance with subsection (2); or
(b) in one or more of the following ways:
(i) by advertisement in local newspapers;
(ii) by letters addressed to 'The owner' and left at the address of
each owner at the place;
(iii) by displays in public buildings at or near the place.
(4) Notice to a local government authority is to be given by letter
sent to the authority at its address.
(5) Failure to give notice under this section does not invalidate any
public notice under paragraph 23 (2) (a), or the entry of any place in
the Register under section 23.
SECT 23B Appointment of assessors
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23B.(1) Where a person has made written objection to the entry of a
place in the Register in accordance with subsection 23 (2), the Minister
may appoint a person or persons (other than a Commissioner or a person
who has been connected with the proposal to enter the place in the
Register) as assessor or assessors in respect of that objection.
(2) An assessor assists and advises the Commission in its
consideration of the objection.
(3) An assessor is paid such fees and allowances as are determined by
the Commission.
SECT 24 Removal of place from Register
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24. (1) The Commission:
(a) may, of its own motion; or
(b) must, if so directed by the Minister;
inquire whether a place, being a place or part of a place that is in the
Register, is to continue to be recorded as part of the national estate.
(1A) Subject to this section, where, after inquiring into the matter,
the Commission considers that a place that is in the Register, or is
part of a place that is in the Register, should not be recorded as part
of the national estate, it must remove that place from the Register.
(2) The Commission shall not remove a place from the Register in
accordance with subsection (1A) unless:
(a) it has, by public notice:
(i) stated that it intends to remove the place from the Register; and
(ii) given, in the case of a place forming part of a place in the
Register, a description of the place sufficient to identify it; and
(iii) notified persons of their right to object, in writing, to the
removal of the place from the Register; and
(iv) specified the date by which such objections are to be made, not
being earlier than one month after the date of publication of the notice
in the Gazette; and
(v) stated that the Commission will, in dealing with any objection,
give upmost consideration to the significance of the place as part of
the national estate; and
(vi) stated that the Commission will supply, on request:
(A) if the location of the place cannot otherwise be readily
understood-a map of the place; and
(B) a statement regarding the significance of the place as part
of the national estate; and
(vii) specified an address to which such objections or requests may be
forwarded;
(b) the date specified in that notice has passed; and
(c) if a person has, not later than the date specified in that
notice, made
written objection to the Commission to the removal of the place from the
Register, the Commission has given due consideration to the objection:
(i) if subparagraph (ii) does not apply-within a period of 12 months
from the date specified in the notice; or
(ii) if before the end of the period specified in subparagraph (i),
the Minister has, at the request of the Commission, extended that
period-within that period as so extended.
(3) Where a place is removed from the Register in accordance with
subsection (1A) or subsection 25 (5), the Commission shall by public
notice state that the place has been so removed.
SECT 24A Upmost consideration to be given to significance of a place
as part of the national estate when dealing with objection
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24A. When dealing with an objection to any of its decisions under
section 23 or 24, the Commission must give upmost consideration to the
significance, as part of the national estate, of the place to which the
decision relates.
SECT 24B Supply of materials by the Commission
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24B.(1) In this section:
'relevant material', in relation to a place, means any of the
following:
(a) a map of the place;
(b) a statement regarding the significance of the place as part of the
national estate;
(c) a statement of reasons for a decision of the Commission in
relation to
the place.
(2) Where the Commission has, under a provision of this Act, received
a request for the supply of relevant material in relation to a place,
the Commission must, as soon as practicable:
(a) if paragraph (b) does not apply-supply such material to the
person who
made the request; or
(b) if the material requested is a map of the place-supply the map
to that
person if the location of the place cannot otherwise be readily
understood.
SECT 24C Discretion of the Commission not to disclose precise location
of a place
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24C. Where, in the opinion of the Commission, a place would be
significantly damaged by the presence or actions of visitors if its
precise location were disclosed in a public notice under subsection 23
(2) or 24 (2) or in a map that the Commission supplies under subsection
24B (2), it is sufficient compliance with the Act if the Commission:
(a) gives in the notice published under subsection 23 (2) or 24 (2) a
description of the place that indicates the general area in which the
place is situated without disclosing the precise location of the place;
or
(b) supplies under subsection 24B (2) a map that indicates the
general area
in which the place is situated without disclosing the precise location
of the place.
SECT 25 Directions by the Minister
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25. (1) In this section, 'environment report', in relation to a place,
means a report of a Commissioner who has, or Commissioners who have,
(whether by reason of a request under section 44 or otherwise) conducted
an inquiry under section 11 of the Environment Protection Act that
includes a finding or recommendation that the place be recorded as part
of the national estate or a finding or recommendation that the place
should not be, or continue to be, recorded as part of the national
estate.
(2) Where, after considering an environment report in relation to a
place that is not in the Register, the Minister is satisfied that the
place should be recorded as part of the national estate, the Minister
may direct the Commission to enter that place in the Register, and the
Commission shall comply with that direction and shall not remove that
place from the Register without the consent of the Minister.
(3) Where, after considering an environment report in relation to a
place that is not in the Register, the Minister is satisfied that the
place should not be recorded as part of the national estate, the
Minister may direct the Commission not to enter that place in the
Register without the consent of the Minister, and the Commission shall
comply with that direction.
(4) Where, after considering an environment report in relation to a
place that is in the Register, the Minister is satisfied that the place
should be recorded as part of the national estate, the Minister may
direct the Commission not to remove that place from the Register without
the consent of the Minister, and the Commission shall comply with that
direction.
(5) Where, after considering an environment report in relation to a
place that is in the Register, the Minister is satisfied that the place
should not continue to be recorded as part of the national estate, the
Minister may direct the Commission to remove that place from the
Register, and the Commission shall comply with that direction and shall
not re-enter that place in the Register without the permission of the
Minister.
(6) Where the Minister is satisfied that an inquiry has been
conducted, is being conducted or is likely to be conducted that will
result in an environment report in relation to a place in the Register,
the Minister may direct the Commission not to remove that place from the
Register without the consent of the Minister.
(7) Where the Minister is satisfied that an inquiry has been
conducted, is being conducted or is likely to be conducted that will
result in an environment report in relation to a place that is not in
the Register but in respect of which a notice has been given in
accordance with paragraph 23 (2) (a), the Minister may direct the
Commission not to remove that place from the list kept in pursuance of
section 26 without the consent of the Minister.
SECT 26 Interim List
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26. (1) The Commission must keep a list of places to be known as the
Interim List for the Register of the National Estate.
(2) Where a notice is issued in accordance with paragraph 23 (2) (a)
in respect of a place, the Commission shall enter on the list a
description of the place sufficient to identify it.
(2A) An entry is not to be made on the list except in accordance with
subsection (2).
(3) The Commission shall strike out the description of a place on the
list when:
(a) the place is entered in the Register;
(b) subject to subsection 25 (7), when, after compliance with
subsection 23
(3), the Commission has decided not to enter the place in the Register;
or
(c) the Minister gives a direction in relation to that place under
subsection 25 (3).
SECT 27 Inspection of the Register
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27. A person may inspect the Register or the list kept in pursuance of
section 26 and may make a copy of, or take an extract from, an entry in
the Register or that list.
PART V-PROTECTION OF THE NATIONAL ESTATE
SECT 28 Advice by Commission
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28. (1) The Commission may furnish to the Minister administering the
Environment Protection Act such advice in respect of a matter relating
to the national estate and to the operation of that Act as the
Commission thinks fit.
(2) The Minister administering the Environment Protection Act may
request the Commission to give advice to him in respect of a matter
relating to the national estate and to the operation of that Act, and
the Commission shall comply with such a request.
SECT 29 Reports by Commission
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29. Where:
(a) a matter to which the Environment Protection Act is relevant
affects a
place that is in the Register; and
(b) the procedures under that Act relating to that matter do not
require
the furnishing of an environmental impact statement or other report by
the Commission;
the Commission may, if it thinks fit, furnish a report in relation to
that matter to the Minister administering that Act, and such a report
shall be deemed to be a recommendation referred to in paragraph 8 (b) of
that Act.
SECT 30 Duties of Ministers and authorities
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30. (1) Each Minister shall give all such directions and do all such
things as, consistently with any relevant laws, can be given or done by
him for ensuring that the Department administered by him or any
authority of the Commonwealth in respect of which he has ministerial
responsibilities does not take any action that adversely affects, as
part of the national estate, a place that is in the Register unless he
is satisfied that there is no feasible and prudent alternative to the
taking of that action and that all measures that can reasonably be taken
to minimise the adverse effect will be taken and shall not himself take
any such action unless he is so satisfied.
(2) Without prejudice to the application of subsection (1) in relation
to action to be taken by an authority of the Commonwealth, an authority
of the Commonwealth shall not take any action that adversely affects, as
part of the national estate, a place that is in the Register unless the
authority is satisfied that there is no feasible and prudent
alternative, consistent with any relevant laws, to the taking of that
action and that all measures that can reasonably be taken to minimise
the adverse effect will be taken.
(3) Before a Minister, a Department or an authority of the
Commonwealth takes any action that might affect to a significant extent,
as part of the national estate, a place that is in the Register, the
Minister, Department or authority, as the case may be, shall inform the
Commission of the proposed action and give the Commission a reasonable
opportunity to consider and comment on it.
(3A) Where the Commission is informed of a proposed action by a
Minister, Department or authority, the Commission shall, as soon as
practicable, provide its comments on the proposed action to the
Minister, Department or authority (as the case may be).
(4) For the purposes of this section, the making of a decision or
recommendation (including a recommendation in relation to direct
financial assistance granted, or proposed to be granted to a State) the
approval of a program, the issue of a licence or the granting of a
permission shall be deemed to be the taking of action and, in the case
of a recommendation, if the adoption of the recommendation would
adversely affect a place, the making of the recommendation shall be
deemed to affect the place adversely.
SECT 31 Places deemed to be in Register
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31. For the purposes of this Part, a place on the list kept in
pursuance of section 26 shall be deemed to be in the Register.
PART VA-NATIONAL ESTATE GRANTS PROGRAM
SECT 31A Application for grant
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31A. A State, an internal Territory or an approved body may apply to
the Minister for grants of financial assistance under the grants program
in respect of National Estate projects.
SECT 31B Commission to give advice on selection etc. of projects
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31B. The Commission may, on being requested by a State, an internal
Territory or an approved body, give advice to it on the preparation of a
National Estate project in respect of which an application is to be made
under section 31A.
SECT 31C Grant of financial assistance
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31C.(1) The Minister may approve the grant, during a financial year,
of financial assistance under the grants program, in such amount, and
subject to such conditions, as the Minister determines:
(a) to a State or internal Territory for expenditure by the State or
Territory, or by an approved body, in respect of a National Estate
project approved by the Minister; or
(b) to an approved body for expenditure by the approved body in
respect of
a National Estate project approved by the Minister.
(2) The Minister may not approve a grant of financial assistance to a
State or an internal Territory without first consulting the appropriate
Minister for that State or Territory.
(3) In approving a grant, the Minister must have regard to such
matters (if any) as are prescribed for the purposes of this section.
SECT 31D Variation of grants
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31D. The Minister may, after consultation with the appropriate
Minister for a State or an internal Territory or with an approved body,
vary:
(a) the amount of any grant under the grants program to that State,
Territory or approved body; or
(b) any term or condition to which the grant is subject.
SECT 31E Appropriation
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31E. Any financial assistance under this Part is to be provided out of
money appropriated by Parliament for the purpose.
PART VI-STAFF
SECT 32 Staff of Commission
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32. (1) The Staff of the Commission shall be persons appointed or
employed under the Public Service Act 1922-1975.
(2) The use of the services of the Staff of the Commission by
Commissioners is subject to the control of the Chairman.
SECT 33 Public servants to assist Commission
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33. Arrangements may be made between the Commission and the Minister
administering any Department of the Commonwealth Government or with an
authority of the Commonwealth, for the services of officers or employees
of the Department or of the authority to be made available to the
Commission.
PART VII-FINANCE
SECT 34 Moneys payable to Commission
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34. (1) There are payable to the Commission such moneys as are
appropriated by the Parliament for the purposes of the Commission.
(2) The Minister for Finance may give directions as to the amounts in
which, and the times at which, moneys referred to in subsection (1) are
to be paid to the Commission.
SECT 35 Application of moneys
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35. The moneys of the Commission shall be applied only:
(a) in payment or discharge of the costs, expenses and other
obligations of
the Commission; and
(b) in payment of remuneration, expenses, fees and allowances
payable to
any person under this Act.
SECT 36 Estimates of receipts and expenditure
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36. (1) The Commission shall prepare estimates, in such form as the
Minister directs, of receipts and expenditure of the Commission for each
financial year and, if the Minister so directs, for any period specified
by the Minister and the Commission shall submit estimates so prepared to
the Minister not later than such date as the Minister directs.
(2) The moneys of the Commission shall not be expended otherwise than
in accordance with estimates of expenditure approved by the Minister.
SECT 37 Commission not to borrow
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37. The Commission shall not borrow moneys from any person.
SECT 38 Bank accounts
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38. (1) The Commission may open and maintain an account or accounts
with an approved bank or approved banks and shall maintain at all times
at least one such account.
(2) The Commission shall pay all moneys received by it into an account
referred to in this section.
(3) In this section, 'approved bank' means the Reserve Bank of
Australia or another bank for the time being approved by the Treasurer.
SECT 39 Power to purchase and dispose of assets
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39. The Commission shall not, except with the approval of the Minister:
(a) enter into a contract involving the payment or receipt by the
Commission of an amount exceeding $200,000 or, if a higher amount is
prescribed, that higher amount; or
(b) enter into a lease of land for a period exceeding 10 years.
SECT 40 Proper accounts to be kept
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40. The Commission shall cause to be kept proper accounts and records
of the transactions and affairs of the Commission and shall do all
things necessary to ensure that all payments out of the moneys of the
Commission are correctly made and properly authorized and that adequate
control is maintained over the assets of, or in the custody of, the
Commission and over the incurring of liabilities by the Commission.
SECT 41 Audit
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41. (1) The Auditor-General shall inspect and audit the accounts and
records of financial transactions of the Commission and the records
relating to assets of or in the custody of the Commission, and shall
forthwith draw the attention of the Minister to any irregularity
disclosed by the inspection and audit that, in the opinion of the
Auditor-General, is of sufficient importance to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or
any part of the detailed inspection and audit of any accounts or records
referred to in subsection (1).
(3) The Auditor-General shall, at least once in each financial year,
report to the Minister the results of the inspection and audit carried
out under subsection (1).
(4) The Auditor-General or a person authorized by him is entitled at
all reasonable times to full and free access to all accounts, records,
documents and papers of the Commission relating directly or indirectly
to the receipt or payment of moneys, or to the acquisition, receipt,
custody or disposal of assets, by the Commission.
(5) The Auditor-General or a person authorized by him may make copies
of, or take extracts from, any such accounts, records, documents or
papers.
(6) The Auditor-General or a person authorized by him may require a
person to furnish him with such information in the possession of the
person or to which the person has access as the Auditor-General or
authorized person considers necessary for the purposes of the functions
of the Auditor-General under this Act, and the person shall comply with
the requirements.
(7) A person who contravenes subsection (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
SECT 42 Taxation
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42. (1) Subject to subsection (2), the Commission is not subject to
taxation under the laws of the Commonwealth or of a State or Territory.
(2) The regulations may provide that subsection (1) does not apply in
relation to taxation under a specified law.
PART VIII-MISCELLANEOUS
SECT 43 Reports
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43. (1) The Commission shall, as soon as practicable after each 30
June, prepare and furnish to the Minister a report of the operations of
the Commission during the year ending on that date, together with
financial statements in respect of that year in such form as the
Minister for Finance approves.
(2) The Commission shall include in each report prepared under
subsection (1) a description of the condition of the national estate at
the end of the period to which the report relates.
(3) The report shall set out all directions given by the Minister to
the Commission under section 25 during the year to which the report
relates.
(4) Before furnishing financial statements to the Minister, the
Commission shall submit them to the Auditor-General, who shall report to
the Minister:
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and
records;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Commission during the year
have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(5) The first report and financial statements of the Commission under
subsection (1) shall be furnished as soon as practicable after 30 June
1976, and shall relate to the operations of the Commission during the
period that commenced at the commencement of this Act and ended on that
date.
(6) The Commission may furnish to the Minister such reports relating
to the national estate as the Commission thinks fit.
(7) The Commission shall furnish to the Minister such additional
reports, as the Minister from time to time requires.
(8) The Minister shall cause:
(a) the report and financial statements of the Commission furnished
to him
under subsection (1), together with the report of the Auditor-General;
and
(b) a report furnished to him under subsection (6)
or (7);
to be laid before each House of the Parliament within 15 sitting days of
that House after having been received by the Minister.
SECT 44 Inquiries
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44. (1) For the purposes of subsection 11 (1) of the Environment
Protection Act, a matter relating to the national estate shall be taken
to be a matter in respect of which the Minister administering that Act
may, under that subsection, direct that an inquiry be conducted.
(2) The Commission may request the Minister administering the
Environment Protection Act to direct, under subsection 11 (1) of that
Act, that an inquiry be conducted in respect of a specified matter
relating to the national estate.
(3) For the purposes of this section, the question whether or not any
place should be recorded, or continue to be recorded, as part of the
national estate is a matter relating to the national estate.
SECT 45 Committees
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45. (1) The Commission may, appoint a Committee to assist the
Commission in relation to a matter.
(2) A Committee appointed under this section shall consist of such
persons (who may include Commissioners) as the Commission thinks fit.
(3) A Committee shall make such investigations, and furnish to the
Commission such reports, in connexion with the matter in relation to
which it has been appointed, as the Commission directs.
(4) A member of a Committee shall be paid such remuneration as is
determined by the Remuneration Tribunal, but, if no determination of
that remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(5) A member of a Committee shall be paid such allowances as are
prescribed.
(6) Subsections (4) and (5) have effect subject to the Remuneration
Tribunals Act 1973-1974.
SECT 46 Consultants
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46. (1) The Commission may engage persons having suitable
qualifications and experience as consultants to the Commission.
(2) The terms and conditions of the engagement of a person under
subsection (1) are such as are determined by the Commission.
SECT 47 Delegation
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47. (1) The Commission may, either generally or as otherwise provided
by the instrument of delegation, by writing under its common seal,
delegate to a person any of its powers under this Act, other than this
power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for
the purposes of this Act, be deemed to be exercised by the Commission.
(3) A delegation under this section does not prevent the exercise of a
power by the Commission.
SECT 48 Regulations
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48. The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters that are required or permitted by this
Act to be prescribed or are necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
AUSTRALIAN HERITAGE COMMISSION AMENDMENT ACT 1990 No. 17 of 1991
AHCA 91:17 IDX
LONG TITLE
AHCA 91:17 IDX
An Act to amend the Australian Heritage Commission Act 1975, and for
related purposes
SECT 1 Short title etc.
AHCA 91:17 IDX
(Assented to 21 January 1991)
1. (1) This Act may be cited as the Australian Heritage Commission
Amendment Act 1990.
(2) In this Act, "Principal Act" means the Australian Heritage
Commission Act 1975.*1*
(Minister's second reading speech made in-
House of Representatives on 22 August 1990
Senate on 13 November 1990)
*1* No. 57, 1975, as amended. For previous amendments, see Nos. 37 and 135,
1976; No. 36, 1978; No. 61, 1981; No. 63, 1984; No. 166, 1985; and No. 60, 1989
