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HERITAGE AMENDMENT REGULATION 2005 (NO 1) (NO 20 OF 2005)
2005
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
HERITAGE AMENDMENT REGULATION 2005
(No 1)
Subordinate Law SL2005 -
20
EXPLANATORY
STATEMENT
Circulated by the authority
of
Jon Stanhope MLA
Minister for Arts, Heritage & Indigenous
Affairs
Australian Capital Territory
Heritage Amendment Regulation 2005 (No 1)
EXPLANATORY STATEMENT
SL2005-20
The Heritage Amendment Regulation 2005 (No 1) (regulation)
is made under the Heritage Act 2004, section 134. Its purpose is to
provide for the protection of 1066 Aboriginal Places in the ACT by entry to the
heritage register under the Heritage Act 2004.
Provides that the name of the regulation as the Heritage Amendment Regulation
2005 (No 1).
Section 2 - Commencement
Provides the commencement
date of the regulation as the day after its notification.
Section 3
– Legislation amended
Provides that the regulation amends the
Heritage Regulation 2005.
Section 4 – New part 1
heading
Provides a new part 1 heading (Part 1 Preliminary).
Section 5 – Section 3
Specifies that the dictionary at
the end of the regulation is part of the regulation.
Section 6 –
New part 2 heading
Provides a new part 2 heading (Part 2 Notified
Aboriginal places).
Section 7 – New part 3
Provides a
new part 3 (Part 3 Declared Aboriginal places).
Section 7A Aboriginal
places to which pt 3 applies – this section clearly defines
Aboriginal places to which part 3 applies and in which
circumstances.
Section 7B Minister’s declaration about heritage
significance of relevant Aboriginal place – this section allows
for the Minister to make a declaration about the heritage significance of
relevant Aboriginal places. This section provides details of what information
shall be included in the declaration and defines the factors that must be taken
into account by the Minister when making this declaration.
Section 7C
Notice of declaration of heritage significance – this section
specifies that a declaration made under section 7B is a notifiable instrument
and must be notified under the Legislation Act. This section also provides for
the declaration to be published in a daily newspaper and for a copy of the
declaration to be given to each person consulted under section 69 or section 73
of the Land Act in relation to the place.
Section 7D
Registration of declared Aboriginal places – Act, S 134 (1) –
this section provides for the relevant Aboriginal places declared under
section 7B to be entered on the heritage register and to have the registration
details and conservation requirements mentioned in section 7B to be part of the
register entry for the place. This section also provides for the Heritage
Council to amend the heritage register to include these details.
Section 7E Declaration of restricted information for relevant
Aboriginal place – this section provides for the Minister to declare
particular information about these places to be restricted information if
satisfied that any disclosure would have an adverse effect on the heritage
significance of the place. For example, Aboriginal places may be subject to
vandalism or theft if precise site location details are made public. The
Minister must consider the views of each person consulted under section 82 of
the Land Act in relation to the place.
Section 7F Notice of
declaration of restricted information - this section provides for the
Minister to give a copy of the declaration to each person consulted under
section 82 of the Land Act in relation to the place.
Section
7G Reviewable decisions – this section provides that the declarations
made under sections 7B (declaration that an Aboriginal place does or does not
have heritage significance) and 7E (declaration that information is to be
restricted information) are reviewable decisions.
Section 7H Notice of
reviewable decisions – this section sets out the appeals process and
provides for the notices under sections 7C (notice of declaration of heritage
significance) and 7F (notice of declaration of restricted information) to
clearly state that the decision can be appealed and how to make such an
application.
Section 8 – Dictionary, new
definitions
Provides for the entry of two new definitions to the
Dictionary.
Section 9 – Dictionary, definitions of notified
Aboriginal place and old interim heritage places
register
Provides for an amendment to omit references to the Land
(Planning and Environment) Act 1991and to substitute these with references
to Land Act in the dictionary definitions of notified Aboriginal
place and old interim heritage places register.