Queensland Heritage Act 1992 (Qld)

Queensland Heritage Act 1992

An Act to provide for the conservation of Queensland's cultural heritage

Part 1 Preliminary

1 Short title This Act may be cited as the Queensland Heritage Act 1992.

2 Object of this Act (1) The object of this Act is to provide for the conservation of Queensland's cultural heritage for the benefit of the community and future generations. (2) The object is to be primarily achieved by— (a) establishing the Queensland Heritage Council; and (b) keeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and (c) requiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and (d) providing for the identification and management of places of local cultural heritage significance by local governments; and (e) regulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and (f) providing for heritage agreements to encourage appropriate management of Queensland heritage places; and (g) providing for appropriate enforcement powers to help protect Queensland's cultural heritage. (3) In exercising powers conferred by this Act, the Minister, the chief executive, the council and other persons and entities concerned in its administration must seek to achieve— (a) the retention of the cultural heritage significance of the places and artefacts to which it applies; and (b) the greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance.

3 Non-application to Aboriginal or Torres Strait Islander places etc. This Act does not apply to— (a) a place that is of cultural heritage significance solely through its association with Aboriginal tradition or Island custom; or (b) a place situated on Aboriginal or Torres Strait Islander land unless the place is of cultural heritage significance because of its association with Aboriginal tradition or Island custom and with European or other culture, in which case this Act applies to the place if the trustees of the land consent.