Heritage Act 2018 (WA)

Western Australia Heritage Act 2018 Western Australia Heritage Act 2018 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objectives 1 4. Terms used 1 5. Term used: cultural heritage significance 1 6. Term used: owner, in relation to land 1 7. Term used: place 1 8. Act binds Crown 1 9. Places to which Act does not apply 1 10. Other laws not affected 1 Part 2 — The Council Division 1 — Constitution of the Council 11. Council established 1 12. Status 1 13. Execution of documents by Council 1 14. Membership and proceedings 1 15. Co‑opted members and role of CEO 1 16. Remuneration and allowances 1 Division 2 — Functions and powers of Council 17. Functions of the Council 1 18. Powers of Council 1 19. Delegation by Council 1 Division 3 — Relationship with other public authorities 20. Public authorities must assist Council 1 Division 4 — Relationship between Minister and Council 21. Administration of this Act 1 22. Minister's directions 1 23. Minister to have access to information 1 24. Delegation by Minister 1 Division 5 — Staff 25. CEO to provide assistance, staff and facilities 1 26. Use of other government staff and facilities 1 Division 6 — Finance 27. Financial Management Act 2006 and Auditor General Act 2006 apply 1 28. Funds of Council 1 29. Heritage Fund 1 30. Borrowing 1 31. Guarantee by Treasurer 1 32. Effect of guarantee 1 33. Notice of financial difficulty 1 34. Exemption from rates 1 Part 3 — The State Register of Heritage Places Division 1 — The register 35. The register 1 36. Form and content of register 1 Division 2 — Entry in the register Subdivision 1 — Registration conditions 37. Conditions for registration 1 38. Factors relevant to cultural heritage significance 1 Subdivision 2 — Process for entry into register 39. Nomination for entry in the register 1 40. Review and registration recommendation 1 41. Direction by Minister 1 42. Entry in register 1 Division 3 — Amendment of register entries 43. Request for amendment of land description in register entry 1 44. Detailed consideration of amendment to land description 1 45. Land description amendment direction by Minister 1 46. Amending land description in register entry 1 47. Other amendments 1 Division 4 — Removal of entries from register 48. Request for removal 1 49. Detailed consideration of removal 1 50. Removal direction by Minister 1 51. Removing entry from register 1 Division 5 — Statements of cultural heritage significance 52. Adoption of statement of cultural heritage significance 1 53. Updating and amending statements of cultural heritage significance 1 54. Notification of adoption, update or amendment 1 Part 4 — Protection orders and repair orders Division 1 — Protection orders 55. Consent order 1 56. Stop work order 1 57. Continuing protection order 1 58. Content of protection order 1 59. Notification of protection order 1 60. Coming into effect of protection order 1 61. Duration of protection order 1 62. Tribunal's powers as to protection order 1 Division 2 — Repair orders 63. Terms used 1 64. Repair notice 1 65. Repair order 1 66. Notification of repair order 1 67. Standard of works 1 68. Termination of repair order 1 69. Tribunal's powers as to repair order 1 70. Exclusion of liability 1 Part 5 — Proposals affecting places of heritage interest Division 1 — Preliminary 71. Terms used 1 Division 2 — Referral of proposals Subdivision 1 — Proposals that must be referred 72. Proposals to which Subdivision applies 1 73. Referral of certain proposals to Council 1 74. Advice on referred proposal 1 75. Decision on referred proposal 1 76. Effect on certain proposals and decisions when place becomes registered place 1 Subdivision 2 — Proposals that are not required to be referred 77. Decision on certain unreferred proposals 1 Subdivision 3 — General 78. Regulations 1 Division 3 — Proposed works for which there is no decision‑maker 79. Permit for works affecting registered place 1 80. Tribunal's powers as to works permit 1 Part 6 — Support for conservation Division 1 — Valuation of land 81. Land to which this Division applies 1 82. Valuation of land 1 83. Request for interim valuation 1 Division 2 — Conservation assistance 84. Provision of financial, technical and professional assistance 1 Division 3 — Modification of planning instruments 85. Terms used 1 86. Council may recommend modification order 1 87. Minister may modify planning instruments 1 88. Powers of the Tribunal in relation to modification order 1 Part 7 — Heritage agreements 89. Terms used 1 90. Heritage agreements 1 91. Land to which a heritage agreement may relate 1 92. Form and content of heritage agreement 1 93. Implied and model provisions for heritage agreements 1 94. Termination or variation of heritage agreement 1 95. Evidential status of certified agreement 1 96. Record of heritage agreements 1 97. Notification to Registrar 1 98. Notification to Mining CEO 1 99. Notification to Valuer‑General 1 100. Enforcement of heritage agreement by Council or public authority 1 101. Powers of the Tribunal in relation to heritage agreement 1 Part 8 — Local heritage surveys 102. Term used: local heritage survey 1 103. Local heritage survey 1 104. Purposes of local heritage survey 1 105. Guidelines for local heritage surveys 1 Part 9 — State government heritage 106. Terms used 1 107. Guidelines about State government heritage 1 108. Disposal of heritage assets 1 Part 10 — Acquisition and compensation 109. Compulsory acquisition 1 110. Compensation for compulsory acquisition 1 111. Tribunal's powers as to acquisition and compensation decision 1 112. Acquisition by consent 1 113. Request for acquisition 1 Part 11 — Enforcement Division 1 — Inspectors 114. Appointment of inspectors 1 115. Police officers to have functions of inspectors 1 116. Identity cards 1 Division 2 — Entry and investigation 117. Term used: investigation purposes 1 118. Entry for investigation purposes 1 119. General powers for investigation purposes 1 120. Use of assistance 1 121. Application for entry warrant 1 122. Issue of entry warrant 1 123. Duration of entry warrant 1 124. Effect of entry warrant 1 125. Execution of entry warrant 1 126. Powers to obtain information 1 127. Obstructing performance of functions 1 128. Impersonation 1 Division 3 — Offences 129. Damaging registered place 1 130. Contravention of protection order 1 131. Onus of proof in demolition offences 1 132. Contravention of repair order 1 Division 4 — Orders following offences 133. Restoration order 1 134. Prohibition order 1 Division 5 — Miscellaneous provisions regarding offences 135. Time limit for commencing criminal proceeding 1 136. Council or authorised person may commence prosecution 1 137. Compensation order 1 138. Finding of fact in certain proceedings to be evidence in other proceedings 1 139. Enforcement of requirement to pay money 1 140. Continuing offence 1 141. Requirement to mitigate damage 1 142. Liability of successors in title 1 143. Liability of officers for offence by body corporate 1 145. Liability of principals for offence by agent 1 146. Liability of employers for offence by employee 1 147. Agency or employment no defence 1 148. Defences 1 149. Offence that is also breach of heritage agreement 1 Division 6 — Miscellaneous provisions regarding civil proceedings 150. Action for damages 1 151. Securing compliance with Act 1 Part 12 — Compensation in relation to work prohibition 152. Terms used 1 153. Application for compensation 1 154. Recommendation by Minister for compensation 1 155. Treasurer's determination if no recommendation by Minister 1 156. Restriction on claim for compensation 1 Part 13 — Miscellaneous 157. No private cause of action 1 158. Limited effect of processes under the Act 1 159. Confidentiality 1 160. Challenge to entry in register 1 161. Protection from personal liability 1 162. Fees and charges for recovery of costs by Council 1 163. Notices and statutory notification 1 164. Regulations 1 165. Review of Act 1 Part 14 — Repeal, savings and transitional provisions Division 1 — Repeal 166. Heritage of Western Australia Act 1990 repealed 1 Division 2 — Savings and transitional provisions 167. Terms used 1 168. Interpretation Act 1984 not affected 1 169. Council a continuation of former Council 1 170. Members of former Council continue in office 1 171. Unfinished proceedings: Council 1 172. Completion of things commenced 1 173. Continuing effect of things done 1 174. First annual report of Council 1 175. Heritage Fund a continuation of former Heritage Account 1 176. Heritage Conservation Incentive Account closed 1 177. Register 1 178. Interim registration 1 179. Conservation orders 1 180. Heritage agreements 1 181. Local heritage survey 1 182. Powers in relation to transitional matters 1 Part 15 — Amendments to other Acts 183. Building Act 2011 amended 1 184. Constitution Acts Amendment Act 1899 amended 1 185. Liquor Control Act 1988 amended 1 186. Planning and Development Act 2005 amended 1 163. Application for development of heritage place 1 187. Strata Titles Act 1985 amended 1 188. Swan Valley Planning Act 1995 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Heritage Act 2018 An Act to — * recognise the importance of, and promote understanding and appreciation of, Western Australia's cultural heritage; and * provide for the identification and documentation of places of cultural heritage significance and for the conservation, use, development and adaptation of such places; and * repeal the Heritage of Western Australia Act 1990; and * make consequential amendments to various other Acts, and for related purposes.