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QUEENSLAND HERITAGE AND OTHER LEGISLATION AMENDMENT BILL 2007

          Queensland



Queensland Heritage and
Other Legislation Amendment
Bill 2007

 


 

 

Queensland Queensland Heritage and Other Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Amendment of Queensland Heritage Act 1992 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 2 (Objects of this Act) . . . . . . . . . . . . . . . . . . . . 10 5 Replacement of s 4 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . 11 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Amendment of s 7 (Functions of council) . . . . . . . . . . . . . . . . . . . 12 7 Amendment of s 8 (Delegation by council). . . . . . . . . . . . . . . . . . 12 8 Amendment of s 10 (Chairperson and deputy chairperson of council) ....................................... 12 9 Replacement of s 12 (Disqualification from membership) . . . . . . 13 12 Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 13 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 13 11 Amendment of s 19 (Times and places of meetings) . . . . . . . . . . 14 12 Amendment of s 28 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 14 13 Replacement of ss 30 and 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 The Queensland heritage register . . . . . . . . . . . . . . . 14 31 Register to be available for public inspection . . . . . . . 15 14 Amendment of s 32 (Extracts from heritage register). . . . . . . . . . 16 15 Replacement of s 33 (Changing entries in the heritage register) . 16 33 Changing entries in register . . . . . . . . . . . . . . . . . . . . 16 16 Amendment of s 34 (Criteria for entry in the register) . . . . . . . . . 17 17 Replacement of ss 35-42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

 


 

2 Queensland Heritage and Other Legislation Amendment Bill 2007 Division 2 Applications for entry of places in, or removal of places from, register 35 Applying to enter place in, or remove place from, register .............................. 17 36 Particular restriction on application . . . . . . . . . . . . . . 18 37 Initial notice of application . . . . . . . . . . . . . . . . . . . . . 19 38 Chief executive to publish notice of application . . . . . 20 39 Chief executive to keep applications available for inspection ............................ 21 Division 3 Submissions and representations about applications 40 When submission about application may be given to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 41 Basis for making submission . . . . . . . . . . . . . . . . . . . 21 42 Chief executive may seek further information. . . . . . . 22 Division 4 Heritage recommendations 42A Chief executive to give heritage recommendation to council .............................. 22 42B Further consideration of application . . . . . . . . . . . . . . 23 42C Notice of heritage recommendation . . . . . . . . . . . . . . 24 Division 5 Council to decide about entry of place in, or removal of place from, register Subdivision 1 Preliminary 42D Council's role in relation to heritage recommendations ...................... 24 42E Council may seek further information. . . . . . . . . . . . . 24 Subdivision 2 Oral representations about heritage recommendations 42F Request to make oral representations about heritage recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42G How oral representations may be made. . . . . . . . . . . 26 Subdivision 3 Decisions on heritage recommendations 42H Council to make decision on heritage recommendation ....................... 26 42I Agreement about extending time for making decision 27 42J Council's decision about entering place in, or removing place from, register . . . . . . . . . . . . . . . . . . . 27 42K Notice of council's decision . . . . . . . . . . . . . . . . . . . . 28 42L When council is taken to have made decision . . . . . . 29 42M Notice of decision under s 42L . . . . . . . . . . . . . . . . . . 29

 


 

3 Queensland Heritage and Other Legislation Amendment Bill 2007 18 Amendment of s 43 (Certificate of immunity) . . . . . . . . . . . . . . . . 30 19 Insertion of new ss 43A and 43B, and pt 4A . . . . . . . . . . . . . . . . 30 43A Obligation to give notice about proposed development .......................... 31 43B Obligation to give notice about development approvals ............................ 31 Part 4A Matters about registration of archaeological places in Queensland heritage register Division 1 Criteria for entry in register as archaeological place 43C Criteria for entry in register. . . . . . . . . . . . . . . . . . . . . 33 Division 2 Entry of places in, or removal of places from, register 43D Notice of proposal to enter place in, or remove place from, register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 43E Recommendation about entering place in, or removing place from, register . . . . . . . . . . . . . . . . . . . 34 43F Notice of recommendation . . . . . . . . . . . . . . . . . . . . . 35 43G Request to make oral representations about recommendation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 43H How oral representations may be made. . . . . . . . . . . 36 43I Council to make decision on recommendation. . . . . . 36 43J Notice of council's decision . . . . . . . . . . . . . . . . . . . . 37 20 Amendment of s 44 (Criteria for assessing development applications under the Integrated Planning Act 1997) . . . . . . . . . 37 21 Insertion of new ss 44A and 44B . . . . . . . . . . . . . . . . . . . . . . . . . 38 44A Assessing development applications under the Planning Act--archaeological places . . . . . . . . . . . . . 38 44B Chief executive may seek council's advice on development application. . . . . . . . . . . . . . . . . . . . . . . 39 22 Amendment of s 45 (Development by the State) . . . . . . . . . . . . . 39 23 Replacement of s 46 (Application for exemption certificate) . . . . 41 46 Application for exemption certificate. . . . . . . . . . . . . . 41 46A Inquiry about application . . . . . . . . . . . . . . . . . . . . . . 42 24 Amendment of s 47 (Deciding application for exemption certificate) ..................................... 42 25 Replacement of ss 48 and 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 48 Chief executive may give exemption certificate without application . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 49 Compliance with conditions of exemption certificate . 43

 


 

4 Queensland Heritage and Other Legislation Amendment Bill 2007 Division 3 Development for liturgical purposes 49A Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 49B When is development liturgical development . . . . . . . 44 49C Notice of development . . . . . . . . . . . . . . . . . . . . . . . . 44 26 Replacement of s 50 (Heritage agreements) . . . . . . . . . . . . . . . . 44 50 Heritage agreements . . . . . . . . . . . . . . . . . . . . . . . . . 44 27 Amendment of s 51 (Provisions of heritage agreement) . . . . . . . 45 28 Omission of ss 52 and 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 29 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 6A Interim protection orders and notices about maintaining State heritage places Division 1 Interim protection orders 54A Chief executive may give interim protection order . . . 46 54B Form and content of order . . . . . . . . . . . . . . . . . . . . . 46 54C Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 54D Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2 Notices about maintaining State heritage places 54E Chief executive may give notice about essential maintenance work . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 30 Replacement of pt 7, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 1 Offences relating to archaeological artefacts and shipwrecks 55 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 56 Requirement to give notice about discovery of archaeological artefact . . . . . . . . . . . . . . . . . . . . . . . . 49 57 Offence about interfering with discovery . . . . . . . . . . 50 58 Offence about interfering with shipwreck . . . . . . . . . . 50 Division 2 Provisions about ownership of particular archaeological artefacts Subdivision 1 Declaration of ownership 59 Declaration about ownership of particular archaeological artefacts . . . . . . . . . . . . . . . . . . . . . . . 50 Subdivision 2 Compensation 59A Entitlement to compensation . . . . . . . . . . . . . . . . . . . 51 59B Applying for compensation . . . . . . . . . . . . . . . . . . . . . 51 59C Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 52 59D Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 53

 


 

5 Queensland Heritage and Other Legislation Amendment Bill 2007 59E Notice about decision . . . . . . . . . . . . . . . . . . . . . . . . . 53 Subdivision 3 Appeals 59F Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 59G Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 59H Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 54 59I Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . 54 59J Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . 55 31 Amendment of s 60 (Declaration of protected areas). . . . . . . . . . 55 32 Amendment of s 61 (Offence to destroy protected area) . . . . . . . 55 33 Amendment of s 68 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 34 Insertion of new pt 7B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Part 7B Provisions about places of cultural heritage significance in local government areas Division 1 Preliminary 68A Non-application of pt 7B . . . . . . . . . . . . . . . . . . . . . . . 56 Division 2 Local heritage registers 68B Local government to keep register . . . . . . . . . . . . . . . 57 68C Content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 3 Entry of places in, and removal of places from, local heritage registers 68D Chief executive may recommend entering place in local heritage register . . . . . . . . . . . . . . . . . . . . . . . . . 57 68E Local government to propose entry of place in, or removal of place from, local heritage register. . . . . . . 58 68F Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 68G Local government to consider submissions and other information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 68H Local government resolution to enter place in, or remove place from, local heritage register . . . . . . . . . 59 68I Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 4 Code for IDAS for local heritage places 68J Code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 5 Other matters 68K Changing entries in register . . . . . . . . . . . . . . . . . . . . 61 68L Local heritage register may be adopted in planning scheme .............................. 61 68M Provision about entitlement to claim compensation . . 61 35 Insertion of new pt 8, div 2, sdivs 3A and 3B . . . . . . . . . . . . . . . . 62

 


 

6 Queensland Heritage and Other Legislation Amendment Bill 2007 Subdivision 3A Power to seize evidence 84A Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . 62 84B Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . 62 Subdivision 3B Dealing with seized things 84C Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 63 84D Tampering with seized things . . . . . . . . . . . . . . . . . . . 63 84E Powers to support seizure . . . . . . . . . . . . . . . . . . . . . 64 84F Authorised person may require thing's return. . . . . . . 64 84G Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 65 84H Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . 65 84I Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 66 84J Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 67 36 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Part 8A Appeals to Planning and Environment Court against particular decisions 94A Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94B Grounds for appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94C Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 94D Court process for appeal . . . . . . . . . . . . . . . . . . . . . . 68 37 Amendment of s 95 (Assistance by local governments). . . . . . . . 68 38 Relocation and renumbering of s 96 (Non-application to Aboriginal or Torres Strait Islander places etc.) . . . . . . . . . . . . . . 68 39 Amendment of s 98 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 68 40 Amendment of s 100 (Restoration orders) . . . . . . . . . . . . . . . . . . 69 41 Amendment of s 101 (Non-development order) . . . . . . . . . . . . . . 69 42 Insertion of new ss 103A and 103B . . . . . . . . . . . . . . . . . . . . . . . 69 103A Chief executive may make guidelines . . . . . . . . . . . . 70 103B Recording of particular matters . . . . . . . . . . . . . . . . . 70 43 Replacement of s 104 (Delegation by Minister) . . . . . . . . . . . . . . 71 104 Delegation by Minister or chief executive . . . . . . . . . . 71 104A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 104B Amendment to renumber . . . . . . . . . . . . . . . . . . . . . . 72 44 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 2 Provisions for Queensland Heritage and Other Legislation Amendment Act 2007 108 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

 


 

7 Queensland Heritage and Other Legislation Amendment Bill 2007 109 Application under s 32 . . . . . . . . . . . . . . . . . . . . . . . . 74 110 Place permanently entered in register taken to be State heritage place . . . . . . . . . . . . . . . . . . . . . . . . . . 74 111 Dealing with particular application for entry of place in, or removal of place from, register . . . . . . . . . . . . . 75 112 Dealing with particular places under consideration for entry in, or removal from, register on council's own initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 113 Continuing process for dealing with objection under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 114 Dealing with assessor's report on objection under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 115 Continuing appointment of assessors . . . . . . . . . . . . 79 116 Appeals under pre-amended Act . . . . . . . . . . . . . . . . 79 117 Dealing with particular development applications under Planning Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 118 Application under s 46 . . . . . . . . . . . . . . . . . . . . . . . . 80 119 Continuing exemption certificates. . . . . . . . . . . . . . . . 80 120 Provision about particular heritage agreements. . . . . 81 121 Places of cultural heritage significance for local government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 45 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 82 Part 3 Amendment of Integrated Planning Act 1997 46 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 47 Amendment of s 1.3.5 (Definitions for terms used in development) .................................. 87 48 Amendment of s 4.3.1 (Carrying out assessable development without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 49 Amendment of s 4.3.6 (General exemption for emergency development use) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 50 Amendment of s 4.3.6A (Coastal emergency exemption for operational work that is tidal works) . . . . . . . . . . . . . . . . . . . . . . . 88 51 Insertion of new s 4.3.6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 4.3.6B Exemption for building work on Queensland heritage place ............................ 88 52 Amendment of sch 8 (Assessable development and self- assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 53 Amendment of sch 8A (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 54 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 90

 


 

8 Queensland Heritage and Other Legislation Amendment Bill 2007 Part 4 Minor and consequential amendments 55 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Schedule Minor and consequential amendments . . . . . . . . . . . . . . . . . . 92 Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 92 Queensland Heritage Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 95

 


 

2007 A Bill for An Act to amend the Queensland Heritage Act 1992, and for related purposes

 


 

s1 10 s4 Queensland Heritage and Other Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Queensland Heritage and Other 4 Legislation Amendment Act 2007. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Queensland 8 Heritage Act 1992 9 Clause 3 Act amended in pt 2 and schedule 10 This part and the schedule amend the Queensland Heritage 11 Act 1992. 12 Clause 4 Amendment of s 2 (Objects of this Act) 13 (1) Section 2, heading, `Objects'-- 14 omit, insert-- 15 `Object'. 16 (2) Section 2(1)-- 17 omit, insert-- 18 `(1) The object of this Act is to provide for the conservation of 19 Queensland's cultural heritage for the benefit of the 20 community and future generations. 21 `(1A) The object is to be primarily achieved by-- 22

 


 

s5 11 s5 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) establishing the Queensland Heritage Council; and 1 (b) keeping the Queensland heritage register; and 2 (c) keeping local heritage registers; and 3 (d) regulating, in conjunction with other legislation, 4 development affecting the cultural heritage significance 5 of registered places; and 6 (e) providing for heritage agreements to encourage 7 appropriate management of registered places; and 8 (f) providing for appropriate enforcement powers to help 9 protect Queensland's cultural heritage.'. 10 (3) Section 2(2), from `the Minister,' to `persons'-- 11 omit, insert-- 12 `the Minister, the chief executive, the council and other 13 persons and entities'. 14 (4) Section 2(2), `objects'-- 15 omit, insert-- 16 `artefacts'. 17 (5) Section 2(1A) and (2)-- 18 renumber as section 2(2) and (3). 19 Clause 5 Replacement of s 4 (Crown bound) 20 Section 4-- 21 omit, insert-- 22 `4 Act binds all persons 23 `(1) This Act binds all persons including the State, and to the 24 extent the legislative power of the Parliament permits, the 25 Commonwealth and the other States. 26 `(2) Nothing in this Act makes the State liable to be prosecuted for 27 an offence.'. 28

 


 

s6 12 s8 Queensland Heritage and Other Legislation Amendment Bill 2007 Clause 6 Amendment of s 7 (Functions of council) 1 Section 7(1)-- 2 omit, insert-- 3 `(1) The council has the following functions-- 4 (a) to provide strategic advice to the Minister about matters 5 relating to Queensland's cultural heritage, including, for 6 example, measures necessary to conserve Queensland's 7 cultural heritage; 8 (b) to provide information to the community to encourage 9 interest in, and understanding of, Queensland's cultural 10 heritage; 11 (c) to advise entities about conserving Queensland's 12 cultural heritage, including, for example, government 13 entities and community organisations; 14 (d) to encourage the appropriate management of places of 15 cultural heritage significance; 16 (e) to perform other functions given to the council under 17 this Act or by the Minister.'. 18 Clause 7 Amendment of s 8 (Delegation by council) 19 (1) Section 8(1)(c) and (d)-- 20 omit, insert-- 21 `(c) an appropriately qualified public service officer.'. 22 (2) Section 8(2) and (3)-- 23 omit. 24 Clause 8 Amendment of s 10 (Chairperson and deputy chairperson 25 of council) 26 (1) Section 10(4) to (6)-- 27 renumber as section 10(5) to (7). 28 (2) Section 10(3)-- 29 omit, insert-- 30

 


 

s9 13 s 10 Queensland Heritage and Other Legislation Amendment Bill 2007 `(3) The chairperson or deputy chairperson holds office as 1 chairperson or deputy chairperson for the term, of not more 2 than 3 years, decided by the Governor in Council. 3 `(4) Despite subsection (3), a person stops holding office as 4 chairperson or deputy chairperson if the person stops being a 5 member.'. 6 Clause 9 Replacement of s 12 (Disqualification from membership) 7 Section 12-- 8 omit, insert-- 9 `12 Eligibility for membership 10 `(1) A person can not be appointed as a member if the person-- 11 (a) has a conviction, other than a spent conviction, for an 12 indictable offence or an offence against this Act; or 13 (b) has been a member for at least 6 consecutive years and 14 the proposed appointment would happen less than 1 year 15 after the day the person was last a member. 16 `(2) A person who is a member can not be reappointed as a 17 member if the reappointment would result in the person 18 continuing as a member for more than 6 consecutive years. 19 `(3) In this section-- 20 spent conviction means a conviction-- 21 (a) for which the rehabilitation period under the Criminal 22 Law (Rehabilitation of Offenders) Act 1986 has expired 23 under that Act; and 24 (b) that is not revived as prescribed by section 11 of that 25 Act.'. 26 Clause 10 Amendment of s 13 (Vacation of office) 27 Section 13(1)(b)-- 28 omit, insert-- 29 `(b) is convicted of an indictable offence or an offence 30 against this Act; or'. 31

 


 

s 11 14 s 13 Queensland Heritage and Other Legislation Amendment Bill 2007 Clause 11 Amendment of s 19 (Times and places of meetings) 1 (1) Section 19(1), `10 times'-- 2 omit, insert-- 3 `6 times'. 4 (2) Section 19-- 5 insert-- 6 `(5) Subsection (1) does not limit the number of meetings the 7 council may hold in a year.'. 8 Clause 12 Amendment of s 28 (Annual report) 9 Section 28(2)-- 10 omit, insert-- 11 `(2) The report must include-- 12 (a) information, required by the Minister, relating to the 13 performance of the council's functions under this Act; 14 and 15 (b) information about the timeliness of the council's 16 dealings with applications under part 4, division 5; and 17 (c) a statement about the measures the council considers 18 necessary to conserve Queensland's cultural heritage.'. 19 Clause 13 Replacement of ss 30 and 31 20 Sections 30 and 31-- 21 omit, insert-- 22 `30 The Queensland heritage register 23 `(1) The chief executive must keep a register called the 24 Queensland heritage register. 25 `(2) The Queensland heritage register must include a record of the 26 following-- 27 (a) State heritage places; 28 (b) archaeological places; 29

 


 

s 13 15 s 13 Queensland Heritage and Other Legislation Amendment Bill 2007 (c) protected areas. 1 `(3) An entry in the Queensland heritage register, for each place or 2 area, must-- 3 (a) include enough information to identify the location and 4 boundaries of the place or area; and 5 (b) include information about the history of the place or 6 area; and 7 (c) include a description of the place or area; and 8 (d) if the place or area is the subject of a heritage 9 agreement--state that fact; and 10 (e) for a State heritage place--include a statement about the 11 cultural heritage significance of the place related to the 12 cultural heritage criteria; and 13 (f) for an archaeological place--include a statement about 14 the place related to the archaeological criteria; and 15 (g) for a protected area--include a statement about the 16 cultural heritage significance of the place relevant to the 17 declaration of the protected area. 18 `(4) The chief executive may keep the Queensland heritage 19 register in the form, including electronic form, the chief 20 executive considers appropriate. 21 `31 Register to be available for public inspection 22 `(1) The chief executive must keep the Queensland heritage 23 register, or a copy of the register, available for inspection, free 24 of charge, by members of the public at-- 25 (a) the department's head office; and 26 (b) other places the chief executive considers appropriate. 27 `(2) The chief executive may publish a copy of the Queensland 28 heritage register on the department's website.'. 29

 


 

s 14 16 s 15 Queensland Heritage and Other Legislation Amendment Bill 2007 Clause 14 Amendment of s 32 (Extracts from heritage register) 1 (1) Section 32, heading, `heritage'-- 2 omit. 3 (2) Section 32(1)-- 4 omit, insert-- 5 `(1) The chief executive must, on application by a person and 6 payment of the fee prescribed under a regulation, give to the 7 person-- 8 (a) a certified copy of any entry in the Queensland heritage 9 register; or 10 (b) a certificate as to whether a place or area-- 11 (i) is a State heritage place, an archaeological place or 12 a protected area; or 13 (ii) is the subject of a heritage agreement.'. 14 (3) Section 32(2), `heritage register'-- 15 omit, insert-- 16 `Queensland heritage register'. 17 Clause 15 Replacement of s 33 (Changing entries in the heritage 18 register) 19 Section 33-- 20 omit, insert-- 21 `33 Changing entries in register 22 `(1) The chief executive may change an entry in the Queensland 23 heritage register for a registered place if the change-- 24 (a) is the addition of an informative note to the entry; or 25 (b) corrects or updates the address or real property 26 description of the place; or 27 (c) is another change to correct an error, or update 28 information, in the entry. 29 `(2) Despite subsection (1)(c), the chief executive must not, 30 without the written agreement of the owner of a registered 31

 


 

s 16 17 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 place and the council, change a statement mentioned in 1 section 30(3)(e), (f) or (g) for the place.'. 2 Clause 16 Amendment of s 34 (Criteria for entry in the register) 3 (1) Section 34, heading, `the'-- 4 omit. 5 (2) Section 34(1), `heritage register if it is of cultural heritage 6 significance and'-- 7 omit, insert-- 8 `Queensland heritage register as a State heritage place if it'. 9 (3) Section 34(2), `heritage register'-- 10 omit, insert-- 11 `Queensland heritage register'. 12 (4) Section 34(3) and (4)-- 13 omit. 14 Clause 17 Replacement of ss 35-42 15 Sections 35 to 42-- 16 omit, insert-- 17 `Division 2 Applications for entry of places in, 18 or removal of places from, register 19 `35 Applying to enter place in, or remove place from, 20 register 21 `(1) A person or other entity may apply to the chief executive-- 22 (a) to have a place entered in the Queensland heritage 23 register as a State heritage place; or 24 (b) to have a State heritage place removed from the register. 25 `(2) The application must-- 26 (a) be in the approved form; and 27

 


 

s 17 18 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) include the details, required in the approved form, to 1 enable the chief executive to give the council a heritage 2 recommendation for the application; and 3 (c) for an application to enter a place in the register, be 4 accompanied by-- 5 (i) a statement of how the place satisfies 1 or more of 6 the cultural heritage criteria; and 7 (ii) information about the history of the place to 8 support the statement mentioned in subparagraph 9 (i); and 10 (iii) a description of the features of the place that 11 contribute to its cultural heritage significance, 12 supported by photographs, drawings or other 13 documents showing the features; and 14 (d) for an application to remove a place from the register, be 15 accompanied by-- 16 (i) a statement of how the place does not satisfy any of 17 the cultural heritage criteria; and 18 (ii) information to support the statement mentioned in 19 subparagraph (i). 20 `(3) The applicant may withdraw the application at any time 21 before the council makes a decision on a heritage 22 recommendation for the application. 23 `(4) If the chief executive makes an application under this section, 24 sections 37(1)(a) and 42C(1)(a) do not apply in relation to the 25 application. 26 `(5) Subsection (1) is subject to section 36. 27 `36 Particular restriction on application 28 `(1) If a place has been removed from the Queensland heritage 29 register as a State heritage place, or the council has decided 30 under this part not to enter a place in the register, a person or 31 other entity can not apply to have the place entered in the 32 register until at least 1 year after-- 33 (a) the day the place was removed from the register; or 34

 


 

s 17 19 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) the day the council decided not to enter the place in the 1 register. 2 `(2) If a place has been entered in the Queensland heritage register 3 as a State heritage place, or the council has decided under this 4 part not to remove a place from the register, a person or other 5 entity can not apply to have the place removed from the 6 register until at least 1 year after-- 7 (a) the place was entered in the register; or 8 (b) the council decided not to remove the place from the 9 register. 10 `37 Initial notice of application 11 `(1) The chief executive must, within 10 business days after 12 receiving an application for a place-- 13 (a) give notice of its receipt to the applicant; and 14 (b) if the applicant is not the local government for the area 15 in which the place is situated--give the local 16 government a copy of the application; and 17 (c) if the applicant is not the owner of the place--give the 18 owner a copy of the application and a notice stating each 19 of the following-- 20 (i) the day the application was received; 21 (ii) for an application to have the place entered in the 22 Queensland heritage register--that the place is 23 under consideration for entry in the register; 24 (iii) for an application to have the place removed from 25 the register--that the place is under consideration 26 for removal from the register; 27 (iv) that the owner may give the chief executive a 28 written submission about the application; 29 (v) the place where the submission may be given; 30 (vi) information about the period in which the 31 submission may be given. 32

 


 

s 17 20 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 Note-- 1 See section 40 for the period in which a submission may 2 be given. 3 `(2) If a notice under subsection (1)(a) or (c) is given to the owner 4 of a place about an application to have the place entered in the 5 Queensland heritage register, the notice must include 6 information about the owner's obligations under sections 43A 7 and 43B in relation to the place. 8 `(3) A copy of an application given to a local government or owner 9 of a place under subsection (1)(b) or (c) must not include the 10 applicant's personal information, unless the applicant has 11 given written consent to its inclusion. 12 `38 Chief executive to publish notice of application 13 `(1) The chief executive must, within 10 business days after acting 14 under section 37 in relation to an application for a place, 15 publish notice of the application-- 16 (a) in a newspaper circulating generally in the area in which 17 the place is situated; and 18 (b) on the department's website. 19 `(2) The notice under subsection (1)(a) must-- 20 (a) include enough information to identify the place; and 21 (b) state the following-- 22 (i) whether the place is under consideration for entry 23 in, or removal from, the Queensland heritage 24 register; 25 (ii) the place where the application may be viewed; 26 (iii) that a person or other entity may give the chief 27 executive a written submission about the 28 application; 29 (iv) the place where the submission may be given; 30 (v) information about the period in which the 31 submission may be given. 32

 


 

s 17 21 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 `39 Chief executive to keep applications available for 1 inspection 2 `(1) The chief executive must keep a copy of each application 3 available for inspection by members of the public at-- 4 (a) the department's head office; and 5 (b) other places the chief executive considers appropriate. 6 `(2) A copy of an application available for public inspection must 7 not include the applicant's personal information, unless the 8 applicant has given written consent to its inclusion. 9 `Division 3 Submissions and representations 10 about applications 11 `40 When submission about application may be given to 12 chief executive 13 `(1) A person or other entity may give the chief executive a written 14 submission (a heritage submission) for an application within 15 20 business days after notice of the application is published 16 under section 38(1)(a). 17 `(2) However, the chief executive and a person or other entity 18 intending to give a submission under subsection (1) may, at 19 any time before the end of the period mentioned in the 20 subsection, agree in writing on a day (the later day) by which 21 the submission may be given. 22 `(3) The later day must not be more than 40 business days after 23 notice of the application was published. 24 `41 Basis for making submission 25 `A heritage submission for an application must be made on the 26 basis that the place the subject of the application does or does 27 not satisfy the cultural heritage criteria. 28

 


 

s 17 22 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 `42 Chief executive may seek further information 1 `Before giving the council a heritage recommendation for an 2 application, the chief executive may ask a person or other 3 entity the chief executive considers appropriate to make 4 written representations to the chief executive about the place 5 the subject of the application. 6 `Division 4 Heritage recommendations 7 `42A Chief executive to give heritage recommendation to 8 council 9 `(1) After considering the relevant material for an application, the 10 chief executive must give a written recommendation (a 11 heritage recommendation) to the council about whether the 12 place the subject of the application should be entered in, or 13 removed from, the Queensland heritage register. 14 `(2) The chief executive must give the council a heritage 15 recommendation for an application by the final 16 recommendation day for the application. 17 `(3) A heritage recommendation must be accompanied by-- 18 (a) a copy of the application to which it relates; and 19 (b) the heritage submissions for the application; and 20 (c) the written representations made under section 42 about 21 the place the subject of the application. 22 `(4) If the chief executive considers the place satisfies 1 or more of 23 the cultural heritage criteria, the chief executive must 24 recommend that-- 25 (a) the place be entered in the register; or 26 (b) the place stay on the register. 27 `(5) If the chief executive considers the place does not satisfy any 28 of the cultural heritage criteria, the chief executive must 29 recommend that-- 30 (a) the place not be entered in the register; or 31 (b) the place be removed from the register. 32

 


 

s 17 23 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 `(6) In this section-- 1 final recommendation day, for an application, means the later 2 of the following days-- 3 (a) 80 business days after its receipt; 4 (b) if, under section 42B(2), the chief executive extends the 5 period for making the heritage recommendation for the 6 application--120 business days after its receipt. 7 relevant material, for an application, means the following-- 8 (a) the application; 9 (b) the heritage submissions for the application; 10 (c) the written representations made under section 42 about 11 the place the subject of the application; 12 (d) other information the chief executive considers relevant 13 to the application. 14 `42B Further consideration of application 15 `(1) This section applies if the chief executive considers more time 16 is needed to make a heritage recommendation for an 17 application because of the matters that need to be considered 18 in relation to the application. 19 `(2) The chief executive may at any time before 80 business days 20 after receipt of the application, give notice to the applicant, 21 and the owner of the place the subject of the application if the 22 owner is not the applicant, that-- 23 (a) because of the matters that need to be considered in 24 relation to the application, the chief executive needs 25 more time to make a heritage recommendation for the 26 application; and 27 Example-- 28 The chief executive might need more time to consider an 29 application because of the remote location of the place the 30 subject of the application. 31 (b) the period within which the chief executive must make 32 the heritage recommendation is extended to a day that is 33 120 business days after receipt of the application. 34

 


 

s 17 24 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 `42C Notice of heritage recommendation 1 `(1) The chief executive must, within 10 business days after giving 2 the council a heritage recommendation for an application, 3 give a copy of the recommendation to each of the following-- 4 (a) the applicant; 5 (b) if the applicant is not the owner of the place the subject 6 of the application--the owner; 7 (c) if the applicant is not the local government for the area 8 in which the place is situated--the local government; 9 (d) any other person or entity, if the person or entity gave 10 the chief executive a heritage submission for the 11 application. 12 `(2) The copy of the heritage recommendation must be 13 accompanied by a notice stating the person or entity to whom 14 it is given may, within 10 business days after its receipt, ask to 15 make oral representations to the council about the 16 recommendation. 17 `Division 5 Council to decide about entry of 18 place in, or removal of place from, 19 register 20 `Subdivision 1 Preliminary 21 `42D Council's role in relation to heritage 22 recommendations 23 `The council must consider and make a decision on each 24 heritage recommendation it receives. 25 `42E Council may seek further information 26 `Before making a decision on a heritage recommendation for 27 an application, the council may ask a person or other entity 28 the council considers appropriate to make written 29

 


 

s 17 25 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 representations to the council about the place the subject of 1 the application. 2 `Subdivision 2 Oral representations about heritage 3 recommendations 4 `42F Request to make oral representations about heritage 5 recommendation 6 `(1) This section applies if a person or entity is given a notice 7 under section 42C(2) for a heritage recommendation. 8 `(2) The person or entity may, by notice given to the council, ask 9 to make oral representations to the council before it makes a 10 decision on the heritage recommendation. 11 `(3) The person or entity must make the request within 10 business 12 days after receiving the notice mentioned in subsection (1). 13 `(4) If the person or entity is the owner of the place the subject of 14 the heritage recommendation, the council must take all 15 reasonable steps to comply with the request. 16 `(5) If the person or entity is not the owner of the place the subject 17 of the heritage recommendation, the council may decide to 18 hear the person or entity if satisfied it is appropriate in the 19 circumstances. 20 `(6) In deciding to hear a person or entity mentioned in subsection 21 (5), the council must have regard to-- 22 (a) the heritage submission, if any, given by the person or 23 entity for the application to which the heritage 24 recommendation relates; and 25 (b) whether the person or entity has new information about 26 the place the subject of the recommendation that is 27 relevant to-- 28 (i) the recommendation; and 29 (ii) the cultural heritage criteria. 30

 


 

s 17 26 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 `42G How oral representations may be made 1 `(1) The council may allow a person or entity to make oral 2 representations about a heritage recommendation in the way 3 the council considers appropriate. 4 `(2) Without limiting subsection (1), the council may allow a 5 person or entity to make the representations by phone, 6 videoconferencing or another form of electronic 7 communication if the council considers it is reasonable in the 8 circumstances, including, for example, because of the 9 person's or entity's remote location. 10 `Subdivision 3 Decisions on heritage 11 recommendations 12 `42H Council to make decision on heritage 13 recommendation 14 `(1) The council must make a decision on a heritage 15 recommendation for an application within the later of the 16 following periods to end-- 17 (a) 60 business days after receiving the recommendation; 18 (b) if the council and the owner of the place the subject of 19 the recommendation agree, under section 42I, to extend 20 the day for making the decision--100 business days 21 after receiving the recommendation. 22 `(2) In making the decision, the council-- 23 (a) must have regard to all of the following-- 24 (i) the application to which the heritage 25 recommendation relates; 26 (ii) the heritage submissions for the application; 27 (iii) the written representations made under section 42 28 or 42E about the place the subject of the 29 application; 30

 


 

s 17 27 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 (iv) if the council allows a person or entity to make oral 1 representations about the recommendation--the 2 representations; and 3 (b) may have regard to other information the council 4 considers relevant to the application. 5 `(3) Without limiting subsection (2)(b), the council may, in 6 making the decision, have regard to whether the physical 7 condition or structural integrity of the place may prevent its 8 cultural heritage significance being preserved. 9 `42I Agreement about extending time for making decision 10 `(1) This section applies if the council and the owner of a place the 11 subject of a heritage recommendation agree that more time is 12 needed to make a decision on the recommendation because of 13 the matters that need to be considered in relation it. 14 `(2) The council and the owner of the place may agree in writing 15 to extend the day for making the decision to a day that is 100 16 business days after the day the council received the heritage 17 recommendation. 18 `(3) An agreement under subsection (2) must be made before the 19 end of 60 business days after the day the council received the 20 heritage recommendation. 21 `42J Council's decision about entering place in, or 22 removing place from, register 23 `(1) The council may decide to enter the place the subject of an 24 application in the Queensland heritage register if the council 25 considers it satisfies 1 or more of the cultural heritage criteria. 26 `(2) The council must decide to remove the place the subject of an 27 application from the Queensland heritage register if the 28 council considers it no longer satisfies any of the cultural 29 heritage criteria. 30 `(3) In making a decision on a heritage recommendation for an 31 application about the proposed entry of a place in the 32 Queensland heritage register, the council may decide-- 33

 


 

s 17 28 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) to enter the place, as proposed in the heritage 1 recommendation, in the register; or 2 (b) to enter the place, as varied from the heritage 3 recommendation, in the register; or 4 (c) not to enter the place in the register. 5 `(4) In making a decision on a heritage recommendation for an 6 application about the proposed removal of a place from the 7 Queensland heritage register, the council may decide-- 8 (a) to remove the place from the register; or 9 (b) to vary the entry of the place in the register; or 10 (c) to leave the place in the register. 11 `42K Notice of council's decision 12 `(1) Immediately after making a decision on a heritage 13 recommendation, the council must advise the chief executive 14 of the decision, the reasons for the decision and the day it was 15 made. 16 `(2) Within 10 business days after receiving the advice, the chief 17 executive must-- 18 (a) give public notice of the decision and the day it was 19 made; and 20 (b) give notice of the decision and the reasons for it to-- 21 (i) the applicant for the application to which the 22 heritage recommendation relates; and 23 (ii) if the applicant is not the owner of the place the 24 subject of the application--the owner; and 25 (iii) if the applicant is not the local government for the 26 area in which the place is situated--the local 27 government; and 28 (iv) any other person or entity, if the person or entity 29 gave the chief executive a heritage submission for 30 the application. 31 `(3) If the council's decision on a heritage recommendation is a 32 decision mentioned in section 42J(3)(a) or (b), or (4)(a) or (b), 33

 


 

s 17 29 s 17 Queensland Heritage and Other Legislation Amendment Bill 2007 the notice given under subsection (2)(b) to the owner of the 1 place must be accompanied by an information notice about 2 the decision. 3 `42L When council is taken to have made decision 4 `(1) This section applies if the council fails to make a decision on a 5 heritage recommendation for an application within the 6 relevant period for the recommendation. 7 `(2) If the application is for the entry of a place in the Queensland 8 heritage register, the council is taken to have decided not to 9 enter the place in the register. 10 `(3) If the application is for the removal of a place from the 11 Queensland heritage register, the council is taken to have 12 decided to leave the place in the register. 13 `(4) A decision mentioned in subsection (2) or (3) is taken to have 14 been made by the council at the end of the relevant period for 15 the recommendation. 16 `(5) In this section-- 17 relevant period, for a heritage recommendation, means-- 18 (a) 60 business days after the council receives the 19 recommendation; or 20 (b) if the council and the owner of the place the subject of 21 the recommendation have agreed, under section 42I, to 22 extend the day for making the decision on the 23 recommendation--100 business days after the council 24 receives the recommendation. 25 `42M Notice of decision under s 42L 26 `(1) If the council is taken to have made a decision under section 27 42L in relation to an application, the chief executive must, as 28 soon as practicable after the day the decision is taken to have 29 been made, give notice of the decision to-- 30 (a) the applicant; and 31 (b) if the applicant is not the owner of the place the subject 32 of the application--the owner. 33

 


 

s 18 30 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 `(2) The notice given under subsection (1) to the applicant must be 1 accompanied by an information notice about the decision. 2 `Division 6 Other matters'. 3 Clause 18 Amendment of s 43 (Certificate of immunity) 4 (1) Section 43(1), from `registration'-- 5 omit, insert-- 6 `registration of the place under this part.'. 7 (2) Section 43(2), `in respect of'-- 8 omit, insert-- 9 `for'. 10 (3) Section 43(3)(a) and (b)-- 11 omit, insert-- 12 `(a) the information prescribed under a regulation; and 13 (b) the fee prescribed under a regulation.'. 14 (4) Section 43(5), from `heritage'-- 15 omit, insert-- 16 `Queensland heritage register, must issue a certificate of 17 immunity for the place or the relevant part of the place.'. 18 (5) Section 43(7), from `in respect of' to `register'-- 19 omit, insert-- 20 `for a place, the place may not be entered in the Queensland 21 heritage register as a State heritage place'. 22 Clause 19 Insertion of new ss 43A and 43B, and pt 4A 23 Before part 5-- 24 insert-- 25

 


 

s 19 31 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 `43A Obligation to give notice about proposed 1 development 2 `(1) This section applies to the owner of a place if-- 3 (a) the owner-- 4 (i) has applied under division 2 to have the place 5 entered in the Queensland heritage register; or 6 (ii) is given a notice under section 37(1)(c) for an 7 application to have the place entered in the 8 register; and 9 (b) the council has not made a decision on a heritage 10 recommendation for the application. 11 `(2) The owner must, at least 10 business days before an 12 application is made for a development approval for 13 development on the place, give the chief executive notice of 14 the application. 15 Maximum penalty--100 penalty units. 16 `(3) In subsection (2)-- 17 application means an application-- 18 (a) for which the owner is the applicant; or 19 (b) that is supported by the written consent of the owner. 20 `43B Obligation to give notice about development 21 approvals 22 `(1) Subsection (2) applies to the owner of a place if-- 23 (a) the owner-- 24 (i) has applied under division 2 to have the place 25 entered in the Queensland heritage register; or 26 (ii) is given a notice under section 37(1)(c) for an 27 application to have the place entered in the 28 register; and 29 (b) when the owner made the application or was given the 30 notice, the owner knew or ought reasonably to have 31

 


 

s 19 32 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 known that a person had a development approval for 1 development on the place. 2 `(2) The owner must, within the relevant period, advise the chief 3 executive of the development approval. 4 Maximum penalty--100 penalty units. 5 `(3) Subsection (4) applies to the owner of a place if-- 6 (a) the owner-- 7 (i) has applied under division 2 to have the place 8 entered in the Queensland heritage register; or 9 (ii) is given a notice under section 37(1)(c) for an 10 application to have the place entered in the 11 register; and 12 (b) when the owner made the application or was given the 13 notice, the owner knew or ought reasonably to have 14 known that an application for a development approval 15 for development on the place had been made but not 16 decided under the Planning Act. 17 `(4) The owner must, within the relevant period, advise the chief 18 executive of the application for the development approval. 19 Maximum penalty--100 penalty units. 20 `(5) In this section-- 21 relevant period means 10 business days after the owner 22 received a notice under section 37(1)(a) or (c) for the 23 application to have the place entered in the Queensland 24 heritage register. 25 `Part 4A Matters about registration of 26 archaeological places in 27 Queensland heritage register 28

 


 

s 19 33 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 `Division 1 Criteria for entry in register as 1 archaeological place 2 `43C Criteria for entry in register 3 `A place may be entered in the Queensland heritage register as 4 an archaeological place if the place-- 5 (a) is not a State heritage place; and 6 (b) has potential to contain an archaeological artefact that is 7 an important source of information about Queensland's 8 history. 9 `Division 2 Entry of places in, or removal of 10 places from, register 11 `43D Notice of proposal to enter place in, or remove place 12 from, register 13 `(1) If the chief executive proposes to recommend to the council 14 the entry of a place in, or removal of a place from, the 15 Queensland heritage register under this part, the chief 16 executive must-- 17 (a) give notice of the proposal to-- 18 (i) the owner of the place; and 19 (ii) if the owner is not the local government for the 20 area in which the place is situated--the local 21 government; and 22 (b) within 10 business days after giving the notice under 23 paragraph (a), publish notice of the proposal-- 24 (i) in a newspaper circulating generally in the area in 25 which the place is situated; and 26 (ii) on the department's website. 27 `(2) The notice of the proposal must-- 28 (a) include enough information to identify the place; and 29

 


 

s 19 34 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) state the following-- 1 (i) whether the chief executive proposes to 2 recommend to the council that the place be entered 3 in, or removed from, the Queensland heritage 4 register; 5 (ii) the reasons for the proposed entry or removal; 6 (iii) that a person or other entity may give the chief 7 executive a written submission (an archaeological 8 submission) about the proposal; 9 (iv) the place where the submission may be given and 10 the basis on which it may be given; 11 (v) that the submission must be given within 20 12 business days after the notice is published. 13 `(3) An archaeological submission must be made on the basis that 14 the place does or does not satisfy the archaeological criteria. 15 `43E Recommendation about entering place in, or 16 removing place from, register 17 `(1) The chief executive may make a written recommendation to 18 the council to enter a place in the Queensland heritage register 19 as an archaeological place if the chief executive considers the 20 place satisfies the archaeological criteria. 21 `(2) In considering whether a place satisfies the archaeological 22 criteria, the chief executive-- 23 (a) must have regard to the archaeological submissions 24 given to the chief executive for the place; and 25 (b) may have regard to other information the chief executive 26 considers relevant, including, for example, 27 geographical, historical or archaeological information 28 about the place. 29 `(3) The chief executive must make a recommendation to the 30 council to remove an archaeological place from the 31 Queensland heritage register if the chief executive considers 32 the place no longer satisfies the archaeological criteria. 33

 


 

s 19 35 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 `(4) In considering whether a place no longer satisfies the 1 archaeological criteria, the chief executive-- 2 (a) must have regard to the archaeological submissions 3 given to the chief executive for the place; and 4 (b) may have regard to other information the chief executive 5 considers relevant, including, for example, information 6 about archaeological investigations of the place or 7 development on the place. 8 `(5) The chief executive's recommendation must be accompanied 9 by a copy of the archaeological submissions given to the chief 10 executive for the place. 11 `43F Notice of recommendation 12 `(1) The chief executive must, within 10 business days after giving 13 the council a recommendation, give a copy of the 14 recommendation to each of the following-- 15 (b) the owner of the place the subject of the 16 recommendation; 17 (c) if the owner is not the local government for the area in 18 which the place is situated--the local government; 19 (d) any other person or entity, if the person or entity gave 20 the chief executive an archaeological submission for the 21 place. 22 `(2) The copy of the recommendation given to the owner of the 23 place must be accompanied by a notice stating the owner may, 24 within 10 business days after its receipt, ask to make oral 25 representations to the council about the recommendation. 26 `43G Request to make oral representations about 27 recommendation 28 `(1) This section applies if the owner of a place is given a notice 29 under section 43F(2). 30 `(2) The owner may, by notice given to the council, ask to make 31 oral representations to the council before it makes a decision 32 on the recommendation. 33

 


 

s 19 36 s 19 Queensland Heritage and Other Legislation Amendment Bill 2007 `(3) The owner must make the request within 10 business days 1 after receiving the notice mentioned in subsection (1). 2 `(4) The council must take all reasonable steps to comply with the 3 request. 4 `43H How oral representations may be made 5 `(1) The council may allow the owner of a place to make oral 6 representations about a recommendation in the way the 7 council considers appropriate. 8 `(2) Without limiting subsection (1), the council may allow the 9 owner to make the representations by phone, 10 videoconferencing or another form of electronic 11 communication if the council considers it is reasonable in the 12 circumstances, including, for example, because of the owner's 13 remote location. 14 `43I Council to make decision on recommendation 15 `(1) The council must consider each recommendation given to the 16 council about a place and make a decision on the 17 recommendation within 60 business days after receiving the 18 recommendation. 19 `(2) In making the decision, the council-- 20 (a) must have regard to-- 21 (i) the archaeological submissions accompanying the 22 recommendation; and 23 (ii) if the owner makes oral representations to the 24 council about the recommendation--the oral 25 representations; and 26 (b) may have regard to other information the council 27 considers relevant to the recommendation. 28 `(3) The council may decide to enter the place in the Queensland 29 heritage register only if the council considers it satisfies the 30 archaeological criteria. 31

 


 

s 20 37 s 20 Queensland Heritage and Other Legislation Amendment Bill 2007 `(4) The council must decide to remove the place from the 1 Queensland heritage register if the council considers it no 2 longer satisfies the archaeological criteria. 3 `43J Notice of council's decision 4 `(1) Immediately after making a decision on a recommendation, 5 the council must advise the chief executive of the decision, the 6 reasons for the decision and the day it was made. 7 `(2) Within 10 business days after receiving the advice, the chief 8 executive must-- 9 (a) give public notice of the decision and the day it was 10 made; and 11 (b) give notice of the decision and the reasons for it to-- 12 (i) the owner of the place the subject of the 13 recommendation; and 14 (ii) if the owner is not the local government for the 15 area in which the place is situated--the local 16 government; and 17 (iii) any other person or entity, if the person or entity 18 gave the chief executive an archaeological 19 submission for the place. 20 `(3) If the council's decision was to enter the place in, or remove 21 the place from, the Queensland heritage register, a notice 22 given to the owner of the place must be accompanied by an 23 information notice about the decision.'. 24 Clause 20 Amendment of s 44 (Criteria for assessing development 25 applications under the Integrated Planning Act 1997) 26 (1) Section 44, heading-- 27 omit, insert-- 28 `44 Assessing development applications under the Planning 29 Act--State heritage places'. 30 (2) Section 44(1)-- 31 omit, insert-- 32

 


 

s 21 38 s 21 Queensland Heritage and Other Legislation Amendment Bill 2007 `(1) If, under the Planning Act, the chief executive is the 1 assessment manager or a referral agency for a development 2 application for development on a State heritage place, the 3 chief executive must assess the application against the object 4 of this Act.'. 5 (3) Section 44(2), from `registered place' to `prudent'-- 6 omit, insert-- 7 `State heritage place, the chief executive must, unless satisfied 8 there is no prudent'. 9 (4) Section 44(2) and (3), `council'-- 10 omit, insert-- 11 `chief executive'. 12 (5) Section 44(3), `In deciding if there is a prudent'-- 13 omit, insert-- 14 `In considering whether there is no prudent'. 15 Clause 21 Insertion of new ss 44A and 44B 16 After section 44-- 17 insert-- 18 `44A Assessing development applications under the 19 Planning Act--archaeological places 20 `(1) This section applies if, under the Planning Act, the chief 21 executive is the assessment manager or a referral agency for a 22 development application for development on an 23 archaeological place. 24 `(2) The chief executive must assess the application having regard 25 to the following-- 26 (a) the impact of the proposed development on any 27 archaeological artefact on the place; 28 (b) other information the chief executive considers relevant 29 to the application, including, for example, an 30 archaeological investigation of the place. 31

 


 

s 22 39 s 22 Queensland Heritage and Other Legislation Amendment Bill 2007 `(3) If the chief executive is satisfied the development is likely to 1 have a detrimental impact on any archaeological artefact on 2 the place, the chief executive may-- 3 (a) if the chief executive is the assessment manager for the 4 application--include in any development approval for 5 the development-- 6 (i) a condition requiring the applicant to carry out an 7 archaeological investigation of the place; or 8 (ii) other conditions the chief executive considers 9 necessary to appropriately manage archaeological 10 artefacts on the place; and 11 (b) if the chief executive is a concurrence agency for the 12 application--tell the assessment manager to include in 13 any development approval for the development a 14 condition mentioned in paragraph (a). 15 `44B Chief executive may seek council's advice on 16 development application 17 `If, under the Planning Act, the chief executive is the 18 assessment manager or a referral agency for a development 19 application for development on a registered place, the chief 20 executive may, before giving the chief executive's decision or 21 referral agency's response under that Act for the application-- 22 (a) refer a matter relating to the application to the council; 23 and 24 (b) obtain the council's advice about the matter.'. 25 Clause 22 Amendment of s 45 (Development by the State) 26 (1) Section 45(1)-- 27 omit, insert-- 28 `(1) This section applies if the State-- 29 (a) proposes to carry out development in relation to a 30 registered place other than because of an emergency 31 endangering-- 32

 


 

s 22 40 s 22 Queensland Heritage and Other Legislation Amendment Bill 2007 (i) the life or health of a person; or 1 (ii) the structural safety of a building; and 2 (b) does not have an exemption certificate for the 3 development.'. 4 (2) Section 45(4)-- 5 omit, insert-- 6 `(4) If the place is a State heritage place and the council is satisfied 7 the development would substantially affect the cultural 8 heritage significance of the place, the council must publish a 9 public notice stating the following-- 10 (a) details of the development; 11 (b) that a person or other entity may give the council a 12 written submission about the development; 13 (c) the place where the submission may be given; 14 (d) that the submission must be given within 20 business 15 days after the notice is published.'. 16 (3) Section 45(5)-- 17 omit. 18 (4) Section 45(6), after `consider'-- 19 insert-- 20 `the report and'. 21 (5) Section 45(7), `If the council'-- 22 omit, insert-- 23 `If the place is a State heritage place and the council'. 24 (6) Section 45(8), `In deciding if there is a prudent'-- 25 omit, insert-- 26 `In considering whether there is no prudent'. 27 (7) Section 45(6) to (10)-- 28 renumber as section 45(5) to (9). 29 (8) Section 45(9), as renumbered, `subsection (9)'-- 30

 


 

s 23 41 s 23 Queensland Heritage and Other Legislation Amendment Bill 2007 omit, insert-- 1 `subsection (8)'. 2 Clause 23 Replacement of s 46 (Application for exemption 3 certificate) 4 Section 46-- 5 omit, insert-- 6 `46 Application for exemption certificate 7 `(1) A relevant person for a registered place may apply to the chief 8 executive for an exemption certificate to carry out 9 development mentioned in subsection (3) on the place. 10 `(2) The application must-- 11 (a) be in the approved form; and 12 (b) be accompanied by all of the following-- 13 (i) enough details about the proposed development to 14 enable the chief executive to assess its impact on 15 the cultural heritage significance of the place; 16 (ii) a plan showing the location of the development in 17 relation to the features of the place that contribute 18 to its cultural heritage significance; 19 (iii) if the application is for development permitted 20 under a heritage agreement for the place--details 21 of the agreement to support the application; 22 (iv) if the application is for development other than 23 development mentioned in subparagraph 24 (iii)--information showing how the development 25 will not have a detrimental impact on the cultural 26 heritage significance of the place; 27 (v) the fee prescribed under a regulation. 28 `(3) An exemption certificate may be given to carry out 29 development on a registered place only if the development-- 30 (a) is permitted under a heritage agreement for the place; or 31

 


 

s 24 42 s 24 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) will not have a detrimental impact on the cultural 1 heritage significance of the place. 2 `(4) In this section-- 3 relevant person, for a registered place, means-- 4 (a) the owner of the place; or 5 (b) with the owner's consent, another person who has an 6 interest in the place. 7 `46A Inquiry about application 8 `(1) The chief executive may, by notice given to the applicant, 9 require the applicant to give the chief executive further 10 information the chief executive reasonably requires to decide 11 the application. 12 `(2) The notice must state the applicant is required to give the 13 information to the chief executive within 60 business days 14 after the notice is given. 15 `(3) The applicant is taken to have withdrawn the application if, 16 within 60 business days after the notice is given, the applicant 17 does not comply with a requirement under subsection (1). 18 `(4) A notice under subsection (1) must be given to the applicant 19 within 10 business days after the chief executive receives the 20 application.'. 21 Clause 24 Amendment of s 47 (Deciding application for exemption 22 certificate) 23 (1) Section 47(1)-- 24 omit, insert-- 25 `(1) The chief executive must decide the application within 20 26 business days after the later of the following-- 27 (a) the day the chief executive receives the application; 28 (b) if, under section 46A, the applicant gives the chief 29 executive further information about the application--the 30 day the chief executive receives the information.'. 31

 


 

s 25 43 s 25 Queensland Heritage and Other Legislation Amendment Bill 2007 (2) Section 47(2) and (3), `council'-- 1 omit, insert-- 2 `chief executive'. 3 Clause 25 Replacement of ss 48 and 49 4 Sections 48 and 49-- 5 omit, insert-- 6 `48 Chief executive may give exemption certificate 7 without application 8 `(1) The chief executive may give a person an exemption 9 certificate to carry out, on a registered place, development 10 mentioned in section 46(3). 11 `(2) The chief executive's power to give an exemption certificate 12 under this section includes the power to give a certificate (a 13 general exemption certificate) in relation to all registered 14 places or a class of registered places. 15 `(3) An exemption certificate, including a general exemption 16 certificate, may be given under this section at any time, with 17 or without conditions, and without a person having applied for 18 the certificate under section 46. 19 `(4) The chief executive may give a general exemption certificate 20 under this section by publishing the certificate on the 21 department's website. 22 `49 Compliance with conditions of exemption certificate 23 `A person who carries out, on a registered place, development 24 for which an exemption certificate has been given under this 25 division, must not contravene a condition of the certificate. 26 Maximum penalty--1000 penalty units. 27 `Division 3 Development for liturgical purposes 28

 


 

s 26 44 s 26 Queensland Heritage and Other Legislation Amendment Bill 2007 `49A Purpose of div 3 1 `The purpose of this division is to provide for matters about 2 particular development that is exempt development under the 3 Planning Act, schedule 8, part 1, table 5, item 2. 4 `49B When is development liturgical development 5 `Development is liturgical development if the development-- 6 (a) is in a place, or the precincts of a place, that is a place of 7 public worship and a registered place; and 8 (b) is required for a liturgical purpose; and 9 (c) is proposed by an official of a religious organisation 10 with appropriate knowledge of its religious services. 11 `49C Notice of development 12 `At least 20 business days before starting development that is 13 liturgical development, an official of the religious organisation 14 proposing the development must give the chief executive a 15 notice that-- 16 (a) states the name and position of the official; and 17 (b) includes a brief description of the proposed 18 development and the liturgical purpose for which it is 19 required.'. 20 Clause 26 Replacement of s 50 (Heritage agreements) 21 Section 50-- 22 omit, insert-- 23 `50 Heritage agreements 24 `(1) The chief executive may, after obtaining and considering the 25 council's advice, enter into a heritage agreement for a 26 registered place with-- 27 (a) the owner of the place; or 28 (b) with the owner's consent, another person or entity who 29 has an interest in the place. 30

 


 

s 27 45 s 29 Queensland Heritage and Other Legislation Amendment Bill 2007 `(2) A heritage agreement attaches to the land the subject of the 1 agreement, unless the agreement states otherwise. 2 Note-- 3 For when a heritage agreement that attaches to land is binding on an 4 owner or occupier of a place, see section 103B. 5 `(3) The chief executive may, after obtaining and considering the 6 council's advice, change or end a heritage agreement-- 7 (a) if the agreement was entered into with the owner of the 8 registered place--by agreement with the owner; or 9 (b) if the agreement was entered into with another person or 10 entity--by agreement with the person or entity and the 11 owner.'. 12 Clause 27 Amendment of s 51 (Provisions of heritage agreement) 13 (1) Section 51(1)(a), after `conservation'-- 14 insert-- 15 `and appropriate management'. 16 (2) Section 51(3)-- 17 omit. 18 Clause 28 Omission of ss 52 and 53 19 Sections 52 and 53-- 20 omit. 21 Clause 29 Insertion of new pt 6A 22 After section 54-- 23 insert-- 24 `Part 6A Interim protection orders and 25 notices about maintaining 26 State heritage places 27

 


 

s 29 46 s 29 Queensland Heritage and Other Legislation Amendment Bill 2007 `Division 1 Interim protection orders 1 `54A Chief executive may give interim protection order 2 `(1) The chief executive may give the owner of a place an order 3 (an interim protection order) in relation to the place if-- 4 (a) there is a current application for the place; and 5 (b) the chief executive is satisfied on the evidence available 6 to the chief executive when the order is given that-- 7 (i) the place is likely to satisfy 1 or more of the 8 cultural heritage criteria; and 9 (ii) the order is necessary to conserve the cultural 10 heritage significance of the place because of 11 development that may be carried out on the place. 12 `(2) The chief executive may give a copy of the order to any 13 person the chief executive considers is proposing to carry out 14 development on the place. 15 `(3) In this section-- 16 current application, for a place, means an application-- 17 (a) to have the place entered in the Queensland heritage 18 register as a State heritage place; and 19 (b) in relation to which the council has not made a decision, 20 and is not taken to have made a decision, under section 21 42J or 42L. 22 `54B Form and content of order 23 `The interim protection order must-- 24 (a) be in writing; and 25 (b) include enough information to identity the place; and 26 (c) state the following-- 27 (i) the name of the owner of the place; 28 (ii) the reasons for making the order; 29

 


 

s 29 47 s 29 Queensland Heritage and Other Legislation Amendment Bill 2007 (iii) that the place is taken to be a State heritage place 1 when the order is given; and 2 (d) include information about the duration of the order. 3 `54C Duration of order 4 `(1) The interim protection order-- 5 (a) takes effect when it is given to the owner of the place; 6 and 7 (b) unless sooner ended by the chief executive, ends on the 8 earliest of the following days-- 9 (i) the day that is 60 business days after the day the 10 order is given; 11 (ii) the day the council makes a decision under section 12 42J in relation to the application mentioned in 13 section 54A(1)(a) for the place; 14 (iii) the day the council is taken to have made a 15 decision under section 42L in relation to the 16 application. 17 `(2) The chief executive may, by notice given to the owner of the 18 place, end the interim protection order at any time. 19 `54D Effect of order 20 `For the purposes of this Act and the Planning Act, the place 21 the subject of the interim protection order is taken to be a 22 State heritage place while the order has effect. 23 `Division 2 Notices about maintaining State 24 heritage places 25 `54E Chief executive may give notice about essential 26 maintenance work 27 `(1) This section applies if the chief executive reasonably 28 believes-- 29

 


 

s 29 48 s 29 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) it is necessary to carry out essential maintenance work 1 on a State heritage place; and 2 (b) the work is urgently required to be carried out to protect 3 the place from serious or irreparable damage or 4 deterioration caused by weather, fire or vandalism. 5 `(2) The chief executive may give the owner of the place a notice 6 (the maintenance notice) requiring the owner to carry out the 7 essential maintenance work stated in the notice. 8 `(3) Before giving the maintenance notice, the chief executive 9 must take reasonable steps to consult with the owner of the 10 place about the essential maintenance work the chief 11 executive believes necessary to carry out. 12 `(4) The maintenance notice must state the following-- 13 (a) the essential maintenance work the chief executive 14 requires to be carried out on the State heritage place; 15 (b) that the chief executive believes the work is necessary to 16 prevent serious or irreparable damage to, or 17 deterioration of, the place; 18 (c) the reasons for the chief executive's belief; 19 (d) that the owner of the place must carry out the stated 20 work within the stated reasonable period; 21 (e) that it is an offence to fail to comply with the notice 22 unless the owner has a reasonable excuse. 23 `(5) The stated period for subsection (4)(d) must not be less than 24 20 business days after the owner receives the maintenance 25 notice. 26 `(6) The owner of the place must comply with the maintenance 27 notice unless the owner has a reasonable excuse. 28 Maximum penalty-- 29 (a) for an individual--100 penalty units; 30 (b) for a corporation--1000 penalty units. 31 `(7) In this section-- 32 essential maintenance work, in relation to a State heritage 33 place, means work of a minor nature that, if carried out on the 34

 


 

s 30 49 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 place, would help to prevent serious or irreparable damage to, 1 or deterioration of, the place. 2 Examples-- 3 re-fixing loose roofs or wall boards 4 removing potential fire hazards 5 maintaining existing fire management systems, or locks on doors 6 and windows 7 boarding up insecure openings in an unoccupied building 8 shutting down electricity or gas services to an unoccupied 9 building'. 10 Clause 30 Replacement of pt 7, divs 1 and 2 11 Part 7, divisions 1 and 2-- 12 omit, insert-- 13 `Division 1 Offences relating to archaeological 14 artefacts and shipwrecks 15 `55 Definition for div 1 16 `In this division-- 17 interfere with includes damage, destroy, disturb, expose or 18 move. 19 `56 Requirement to give notice about discovery of 20 archaeological artefact 21 `(1) A person who discovers a thing the person knows or ought 22 reasonably to know is an archaeological artefact that is an 23 important source of information about an aspect of 24 Queensland's history must give the chief executive a notice 25 under this section. 26 Maximum penalty--1000 penalty units. 27 `(2) The notice must-- 28 (a) be given to the chief executive as soon as practicable 29 after the person discovers the thing; and 30

 


 

s 30 50 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) state where the thing was discovered; and 1 (c) include a description or photographs of the thing. 2 `57 Offence about interfering with discovery 3 `(1) This section applies to a thing for which a person has, under 4 section 56, given the chief executive a notice. 5 `(2) A person who knows that the notice has been given must not, 6 without the chief executive's written consent or unless the 7 person has a reasonable excuse, interfere with the thing until 8 at least 20 business days after the giving of the notice. 9 Maximum penalty--1000 penalty units. 10 `58 Offence about interfering with shipwreck 11 `(1) A person must not, without the chief executive's written 12 consent or unless the person has a reasonable excuse, interfere 13 with a shipwreck. 14 Maximum penalty--1000 penalty units. 15 `(2) In this section-- 16 shipwreck means the remains or any part of the remains of a 17 ship that-- 18 (a) is in Queensland waters; and 19 (b) has been in the waters for more than 75 years. 20 `Division 2 Provisions about ownership of 21 particular archaeological artefacts 22 `Subdivision 1 Declaration of ownership 23 `59 Declaration about ownership of particular 24 archaeological artefacts 25 `(1) The chief executive may, by public notice, declare that an 26 archaeological artefact that is in, or has been removed from, a 27

 


 

s 30 51 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 registered place is the property of the State if the chief 1 executive is satisfied-- 2 (a) the artefact is important to Queensland's cultural 3 heritage; and 4 (b) a declaration under this section is necessary to help 5 conserve the cultural heritage significance of the 6 artefact. 7 `(2) The notice must-- 8 (a) include enough information to identify the 9 archaeological artefact; and 10 (b) state that a person who suffers loss because of the 11 exercise of the chief executive's power under subsection 12 (1) is entitled to apply for compensation for the loss; and 13 (c) state how the person may apply for the compensation. 14 `(3) As soon as practicable after the notice is published, the chief 15 executive must give a copy of it to any person the chief 16 executive reasonably considers is likely to suffer loss because 17 of the exercise of the chief executive's power under subsection 18 (1). 19 `Subdivision 2 Compensation 20 `59A Entitlement to compensation 21 `Subject to this division, a person who suffers loss because of 22 the exercise of the chief executive's power under section 59 is 23 entitled to be paid just and reasonable compensation for the 24 loss. 25 `59B Applying for compensation 26 `(1) A person who suffers loss because of the exercise of a power 27 under section 59 may apply to the chief executive for 28 compensation for the loss. 29 `(2) The application must-- 30 (a) be in writing; and 31

 


 

s 30 52 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) be made within 20 business days after the notice is 1 published; and 2 (c) state-- 3 (i) details of the person's loss; and 4 (ii) the amount of compensation claimed and the 5 grounds for the amount claimed. 6 `(3) The applicant also must give the chief executive any other 7 relevant information reasonably required by the chief 8 executive to decide the application. 9 `(4) Despite subsection (2)(b), the chief executive may accept a 10 person's application for compensation made more than 20 11 business days after the notice is published if the chief 12 executive is satisfied it would be reasonable in all the 13 circumstances to accept the application. 14 `59C Lapsing of application 15 `(1) If an application for compensation is made under this division, 16 the chief executive may make a requirement under section 17 59B(3) for information to decide the application by giving the 18 applicant a notice stating-- 19 (a) the required information; and 20 (b) the time by which the information must be given to the 21 chief executive; and 22 (c) that, if the information is not given to the chief executive 23 by the stated time, the application will lapse. 24 `(2) The stated time must be reasonable and, in any case, at least 25 20 business days after the requirement is made. 26 `(3) The chief executive may give the applicant a further notice 27 extending or further extending the time if the chief executive 28 is satisfied it would be reasonable in all the circumstances to 29 give the extension. 30 `(4) A notice may be given under subsection (3) even if the time to 31 which it relates has lapsed. 32

 


 

s 30 53 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 `(5) If the applicant does not comply with the requirement within 1 the stated time, or any extension, the application lapses. 2 `59D Deciding application 3 `(1) The chief executive must consider and decide an accepted 4 application within 60 days after the last of the following to 5 happen-- 6 (a) the chief executive receives the application; 7 (b) the chief executive receives all necessary information to 8 decide the application. 9 `(2) If the chief executive has not decided an accepted application 10 within the period stated in subsection (1) for the application, 11 the chief executive is taken to have refused to pay 12 compensation. 13 `(3) In this section-- 14 accepted application means an application made under 15 section 59B(2) or an application the chief executive accepts 16 under section 59B(4). 17 `59E Notice about decision 18 `As soon as practicable after deciding the application, the 19 chief executive must give the applicant a notice stating all of 20 the following-- 21 (a) the decision and the reasons for it; 22 (b) if the chief executive decides to pay compensation-- 23 (i) details of the amount and how the amount was 24 assessed; and 25 (ii) if the amount is less than the amount claimed--that 26 the applicant may appeal against the decision, and 27 how the applicant may appeal; 28 (c) if the chief executive decides not to pay 29 compensation--that the applicant may appeal against 30 the decision, and how the applicant may appeal. 31

 


 

s 30 54 s 30 Queensland Heritage and Other Legislation Amendment Bill 2007 `Subdivision 3 Appeals 1 `59F Who may appeal 2 `An applicant for the payment of compensation under this 3 division who is dissatisfied with the chief executive's decision 4 to refuse to pay compensation or about the amount of 5 compensation may appeal against the decision. 6 `59G Starting an appeal 7 `(1) An appeal may be started at-- 8 (a) the Magistrates Court nearest the place where the person 9 lives or carries on business; or 10 (b) a Magistrates Court at Brisbane. 11 `(2) The notice of appeal under the Uniform Civil Procedure Rules 12 1999 must be filed with the registrar of the court within 28 13 days after-- 14 (a) if the person is given notice of the decision under 15 section 59E--the day the person is given the notice; or 16 (b) if paragraph (a) does not apply--the day the person 17 otherwise becomes aware of the decision. 18 `(3) The court may, at any time, extend the time for filing the 19 notice of appeal. 20 `59H Hearing procedures 21 `(1) In hearing the appeal, the Magistrates Court is not bound by 22 the rules of evidence and must comply with natural justice. 23 `(2) The appeal is by way of rehearing, unaffected by the chief 24 executive's decision, on the material before the chief 25 executive and any further evidence allowed by the court. 26 `59I Powers of court on appeal 27 `(1) In deciding the appeal, the Magistrates Court may confirm the 28 chief executive's decision or substitute another decision the 29

 


 

s 31 55 s 33 Queensland Heritage and Other Legislation Amendment Bill 2007 chief executive could have made for the chief executive's 1 decision. 2 `(2) The chief executive must give effect to the court's decision. 3 `59J Appeal to District Court 4 `An appeal lies to the District Court from a decision of a 5 Magistrates Court under this subdivision, but only on a 6 question of law.'. 7 Clause 31 Amendment of s 60 (Declaration of protected areas) 8 Section 60, `protected objects or'-- 9 omit. 10 Clause 32 Amendment of s 61 (Offence to destroy protected area) 11 (1) Section 61(1), penalty-- 12 omit, insert-- 13 `Maximum penalty-- 14 (a) for an individual--1700 penalty units; 15 (b) for a corporation--17000 penalty units.'. 16 (2) Section 61(2)-- 17 renumber as section 61(3). 18 (3) Section 61-- 19 insert-- 20 `(2) For subsection (1), it is a reasonable excuse if the entering or 21 interfering happens under a heritage agreement or an 22 exemption certificate for the protected area.'. 23 Clause 33 Amendment of s 68 (Appeals) 24 (1) Section 68, heading, after `Appeals'-- 25 insert-- 26 `about permit to enter protected area'. 27

 


 

s 34 56 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 (2) Section 68(1)(d)-- 1 omit. 2 (3) Section 68(5), `Integrated Planning Act 1997'-- 3 omit, insert-- 4 `Planning Act'. 5 Clause 34 Insertion of new pt 7B 6 After section 68-- 7 insert-- 8 `Part 7B Provisions about places of 9 cultural heritage significance in 10 local government areas 11 `Division 1 Preliminary 12 `68A Non-application of pt 7B 13 `(1) This part does not apply to a local government prescribed for 14 this section under a regulation. 15 `(2) A local government may be prescribed under subsection (1) 16 only if the chief executive is satisfied-- 17 (a) the local government has, in its planning scheme, 18 identified places of cultural heritage significance in its 19 area; and 20 (b) the local government's planning scheme satisfactorily 21 provides for the conservation of places of cultural 22 heritage significance in its area. 23

 


 

s 34 57 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 `Division 2 Local heritage registers 1 `68B Local government to keep register 2 `(1) A local government must keep a register (a local heritage 3 register) of places of cultural heritage significance in its area. 4 `(2) A local government-- 5 (a) may keep its local heritage register in the form, 6 including electronic form, it considers appropriate; and 7 (b) must keep it available for inspection, free of charge, by 8 members of the public. 9 `68C Content of register 10 `A local heritage register must include, for each place entered 11 in the register under division 3-- 12 (a) enough information to identify the location and 13 boundaries of the place; and 14 (b) a statement about the cultural heritage significance of 15 the place. 16 `Division 3 Entry of places in, and removal of 17 places from, local heritage registers 18 `68D Chief executive may recommend entering place in 19 local heritage register 20 `(1) This section applies if the chief executive is satisfied-- 21 (a) a place is of cultural heritage significance for a local 22 government's area; and 23 (b) entry of the place in the local government's local 24 heritage register is necessary to help conserve its 25 cultural heritage significance. 26 `(2) The chief executive may, by notice given to the local 27 government, recommend that the local government enter the 28 place in its local heritage register. 29

 


 

s 34 58 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 `(3) The notice must include-- 1 (a) enough information to identify the location and 2 boundaries of the place; and 3 (b) a statement about the cultural heritage significance of 4 the place; and 5 (c) information to support the statement. 6 `68E Local government to propose entry of place in, or 7 removal of place from, local heritage register 8 `(1) A local government may, on its own initiative, propose to 9 enter a place in its local heritage register if-- 10 (a) the place is in the local government's area; and 11 (b) the local government reasonably considers the place is a 12 place of cultural heritage significance for its area. 13 `(2) A local government must propose to enter a place in its local 14 heritage register if the chief executive, under section 68D, 15 recommends that the local government enters it in the register. 16 `(3) A local government must propose to remove a place from its 17 local heritage register if the local government is satisfied it is 18 no longer a place of cultural heritage significance for its area. 19 `68F Notice of proposal 20 `(1) If a local government proposes to enter a place in, or remove a 21 place from, its local heritage register, the local government 22 must-- 23 (a) give the owner of the place notice of the proposal; and 24 (b) within 10 business days after giving the notice under 25 paragraph (a), publish the notice in a newspaper 26 circulating generally in its area. 27 `(2) The notice must-- 28 (a) include enough information to identify the place; and 29 (b) state the following-- 30

 


 

s 34 59 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 (i) whether the place is under consideration for entry 1 in, or removal from, the local government's local 2 heritage register; 3 (ii) the reasons for the proposed entry or removal; 4 (iii) that a person or other entity may give the local 5 government a written submission about the 6 proposal; 7 (iv) the place where the submission may be given and 8 the basis on which it may be given; 9 (v) that the submission must be given to the local 10 government within 20 business days after the 11 notice is published. 12 `(3) A submission under subsection (2) must be made on the basis 13 that the place is or is not a place of cultural heritage 14 significance for the local government's area. 15 `68G Local government to consider submissions and other 16 information 17 `Before deciding to enter a place in, or remove a place from, 18 its local heritage register, a local government-- 19 (a) must have regard to-- 20 (i) the submissions received under section 68F about 21 the proposal to enter or remove the place; and 22 (ii) if the chief executive, under section 68D, 23 recommended that the local government enter the 24 place in its register--the information about the 25 place included in the chief executive's 26 recommendation; and 27 (b) may have regard to other information the local 28 government considers relevant to the application. 29 `68H Local government resolution to enter place in, or 30 remove place from, local heritage register 31 `(1) A local government may, by resolution, decide to enter a place 32 in its local heritage register if-- 33

 


 

s 34 60 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) the place is in the local government's area; and 1 (b) the local government is satisfied it is a place of cultural 2 heritage significance for its area. 3 `(2) A local government may, by resolution, decide to remove a 4 place from its local heritage register if the local government is 5 satisfied the place is no longer a place of cultural heritage 6 significance for its area. 7 `(3) A decision under subsection (1) or (2) must be made by the 8 local government within 80 business days after the notice 9 under section 68F is published for the place. 10 `68I Notice of decision 11 `If a local government decides to enter a place in, or remove a 12 place from, its local heritage register, the local government 13 must, within 10 business days after making the decision, give 14 notice of the decision and the reasons for it to-- 15 (a) the owner of the place; and 16 (b) any other person or entity, if the person or entity gave 17 the local government a submission under section 68F 18 about the proposal to enter or remove the place. 19 `Division 4 Code for IDAS for local heritage 20 places 21 `68J Code for IDAS 22 `(1) A regulation may prescribe a code for IDAS for development 23 on a local heritage place. 24 `(2) In this section-- 25 IDAS means the system detailed in the Planning Act, chapter 26 3, for integrating State and local government assessment and 27 approval processes for development. 28 `Division 5 Other matters 29

 


 

s 34 61 s 34 Queensland Heritage and Other Legislation Amendment Bill 2007 `68K Changing entries in register 1 `(1) A local government may change an entry for a place in its 2 local heritage register if the change-- 3 (a) is the addition of an informative note to the entry; or 4 (b) corrects or updates the address or real property 5 description of the place; or 6 (c) is another change to correct an error, or update 7 information, in the entry. 8 `(2) Despite subsection (1)(c), the local government must not, 9 without the written agreement of the owner of the place, 10 change a statement mentioned in section 68C(b) for the place. 11 `68L Local heritage register may be adopted in planning 12 scheme 13 `(1) A local government's planning scheme may, under the 14 Statutory Instruments Act 1992, section 23, apply, adopt or 15 incorporate its local heritage register. 16 `(2) This section applies despite the Planning Act, section 2.1.18. 17 `68M Provision about entitlement to claim compensation 18 `(1) This section applies if a place is entered on a local 19 government's local heritage register under division 3. 20 `(2) For the purposes of the Planning Act, chapter 5, part 4, the 21 entry of the place on the local heritage register is taken to be a 22 change to the local government's planning scheme. 23 `(3) An owner of the place at the time the change mentioned in 24 subsection (2) happens is entitled to claim compensation 25 under the Planning Act, section 5.4.2, in relation to the 26 change. 27 `(4) For claiming compensation-- 28 (a) the change mentioned in subsection (2) has effect as if 29 the local government's planning scheme were amended 30 to the extent of the change; and 31

 


 

s 35 62 s 35 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) the local government's planning scheme that was in 1 effect before the amendment mentioned in paragraph (a) 2 happens is taken to be a superseded planning scheme 3 under the Planning Act; and 4 (c) the Planning Act, chapter 5, part 4, applies in relation to 5 the claim with any necessary changes.'. 6 Clause 35 Insertion of new pt 8, div 2, sdivs 3A and 3B 7 Part 8, division 2-- 8 insert-- 9 `Subdivision 3A Power to seize evidence 10 `84A Seizing evidence at a place that may be entered 11 without consent or warrant 12 `An authorised person who enters a place under this division 13 without the consent of the occupier and without a warrant, 14 may seize a thing at the place only if the authorised person 15 reasonably believes the thing is evidence of an offence against 16 this Act. 17 `84B Seizing evidence at a place that may only be 18 entered with consent or warrant 19 `(1) This section applies if-- 20 (a) an authorised person is authorised to enter a place under 21 this division only with the consent of an occupier of the 22 place or a warrant; and 23 (b) the authorised person enters the place after obtaining the 24 necessary consent or warrant. 25 `(2) If the authorised person enters the place with the occupier's 26 consent, the authorised person may seize a thing at the place 27 only if-- 28 (a) the authorised person reasonably believes the thing is 29 evidence of an offence against this Act; and 30

 


 

s 35 63 s 35 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) seizure of the thing is consistent with the purpose of 1 entry as told to the occupier when asking for the 2 occupier's consent. 3 `(3) If the authorised person enters the place with a warrant, the 4 authorised person may seize the evidence for which the 5 warrant was issued. 6 `(4) The authorised person also may seize anything else at the 7 place if the authorised person reasonably believes-- 8 (a) the thing is evidence of an offence against this Act; and 9 (b) the seizure is necessary to prevent the thing being-- 10 (i) hidden, lost or destroyed; or 11 (ii) used to continue, or repeat, the offence. 12 `(5) Also, the authorised person may seize a thing at the place if 13 the authorised person reasonably believes it has just been used 14 in committing an offence against this Act. 15 `Subdivision 3B Dealing with seized things 16 `84C Securing seized things 17 `Having seized a thing, an authorised person may-- 18 (a) move the thing from the place where it was seized (the 19 place of seizure); or 20 (b) leave the thing at the place of seizure, but take 21 reasonable action to restrict access to it. 22 Examples of restricting access to a thing-- 23 sealing a thing and marking it to show access to it is 24 restricted 25 sealing the entrance to a room where the thing is situated 26 and marking it to show access to it is restricted 27 `84D Tampering with seized things 28 `(1) If an authorised person restricts access to a seized thing, a 29 person must not tamper with the thing, or something 30

 


 

s 35 64 s 35 Queensland Heritage and Other Legislation Amendment Bill 2007 restricting access to the thing, without an authorised person's 1 approval. 2 Maximum penalty--100 penalty units. 3 `(2) In this section-- 4 tamper includes attempt to tamper. 5 `84E Powers to support seizure 6 `(1) To enable a thing to be seized, an authorised person may 7 require the person in control of it-- 8 (a) to take it to a stated reasonable place by a stated 9 reasonable time; and 10 (b) if necessary, to remain in control of it at the stated place 11 for a reasonable time. 12 `(2) The requirement-- 13 (a) must be made by notice; or 14 (b) if for any reason it is not practicable to give the notice, 15 may be made orally and confirmed by notice as soon as 16 practicable. 17 `(3) A further requirement may be made under this section about 18 the same thing if it is necessary and reasonable to make the 19 further requirement. 20 `(4) A person of whom a requirement is made under subsection (1) 21 or (3) must comply with the requirement, unless the person 22 has a reasonable excuse. 23 Maximum penalty--100 penalty units. 24 `(5) Subject to section 87, the cost of complying with subsection 25 (4) must be borne by the person. 26 `84F Authorised person may require thing's return 27 `(1) If an authorised person has required a person to take a thing to 28 a stated place by a stated reasonable time under section 84E, 29 the authorised person may require the person to return the 30 thing to the place from which it was taken. 31

 


 

s 35 65 s 35 Queensland Heritage and Other Legislation Amendment Bill 2007 `(2) A person of whom a requirement is made under subsection (1) 1 must comply with the requirement, unless the person has a 2 reasonable excuse. 3 Maximum penalty--100 penalty units. 4 `(3) Subject to section 87, the cost of complying with subsection 5 (2) must be borne by the person. 6 `84G Receipts for seized things 7 `(1) As soon as practicable after an authorised person seizes a 8 thing, the authorised person must give a receipt for it to the 9 person from whom it was seized. 10 `(2) However, if for any reason it is not practicable to comply with 11 subsection (1), the authorised person must leave the receipt at 12 the place of seizure in a conspicuous position and in a 13 reasonably secure way. 14 `(3) The receipt must describe generally each thing seized and its 15 condition. 16 `(4) This section does not apply to a thing if it is impracticable or 17 would be unreasonable to give the receipt, given the thing's 18 nature, condition and value. 19 `84H Forfeiture of seized things 20 `(1) A seized thing is forfeited to the State if the authorised person 21 who seized the thing-- 22 (a) can not find its owner, after making reasonable 23 inquiries; or 24 (b) can not return it to its owner, after making reasonable 25 efforts. 26 `(2) In applying subsection (1)-- 27 (a) subsection (1)(a) does not require the authorised person 28 to make inquiries if it would be unreasonable to make 29 inquiries to find the owner; and 30

 


 

s 35 66 s 35 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) subsection (1)(b) does not require the authorised person 1 to make efforts if it would be unreasonable to make 2 efforts to return the thing to its owner. 3 `(3) Regard must be had to a thing's nature, condition and value in 4 deciding-- 5 (a) whether it is reasonable to make inquiries or efforts; and 6 (b) if making inquiries or efforts, what inquiries or efforts, 7 including the period over which they are made, are 8 reasonable. 9 `(4) On the forfeiture of a thing to the State-- 10 (a) the thing becomes the State's property; and 11 (b) it may be dealt with by the chief executive as the chief 12 executive considers appropriate. 13 `(5) Without limiting subsection (4), the chief executive may 14 destroy or dispose of the thing. 15 `(6) Despite subsection (5), the chief executive must not deal with 16 the thing in a way that could prejudice the outcome of an 17 appeal, relevant to the thing, of which the chief executive is 18 aware. 19 `84I Return of seized things 20 `(1) If a thing has been seized but not forfeited under this division, 21 the authorised person must return it to its owner-- 22 (a) at the end of 6 months; or 23 (b) if a proceeding for an offence involving the thing is 24 started within 6 months, at the end of the proceeding and 25 any appeal from the proceeding. 26 `(2) Despite subsection (1), unless the thing has been forfeited, the 27 authorised person must immediately return a thing seized as 28 evidence to its owner if the authorised person stops being 29 satisfied its continued retention as evidence is necessary. 30

 


 

s 36 67 s 36 Queensland Heritage and Other Legislation Amendment Bill 2007 `84J Access to seized things 1 `(1) Until a thing that has been seized is forfeited or returned under 2 this division, an authorised person must allow its owner to 3 inspect it and, if it is a document, to copy it. 4 `(2) Subsection (1) does not apply if it is impracticable or would 5 be unreasonable to allow the inspection or copying.'. 6 Clause 36 Insertion of new pt 8A 7 After section 94-- 8 insert-- 9 `Part 8A Appeals to Planning and 10 Environment Court against 11 particular decisions 12 `94A Who may appeal 13 `(1) This section applies to the following persons-- 14 (a) the owner of a place who is given, or is entitled to be 15 given, an information notice under section 42K(3) about 16 a decision of the council; 17 (b) a person who is given, or is entitled to be given, an 18 information notice under section 42M(2) about a 19 decision of the council; 20 (c) the owner of a place who is given, or is entitled to be 21 given, an information notice under section 43J(3) about 22 a decision of the council. 23 `(2) The person may appeal to the Planning and Environment 24 Court against the decision. 25 `94B Grounds for appeal 26 `(1) An appeal by a person mentioned in section 94A(1)(a) or (b) 27 may only be made on the ground that the place the subject of 28 the appeal does or does not satisfy the cultural heritage 29 criteria. 30

 


 

s 37 68 s 39 Queensland Heritage and Other Legislation Amendment Bill 2007 `(2) An appeal by a person mentioned in section 94A(1)(c) may 1 only be made on the ground that the place the subject of the 2 appeal does or does not satisfy the archaeological criteria. 3 `94C Starting appeal 4 `An appeal must be started within 20 business days after-- 5 (a) if the person has been given an information notice about 6 the decision--the day the person is given the notice; or 7 (b) if paragraph (a) does not apply--the day the person 8 otherwise becomes aware of the decision. 9 `94D Court process for appeal 10 `The Planning Act, chapter 4, part 1, division 12, with any 11 changes the Planning and Environment Court considers 12 appropriate, applies to an appeal under this part.'. 13 Clause 37 Amendment of s 95 (Assistance by local governments) 14 Section 95, `or the council'-- 15 omit, insert-- 16 `or chief executive'. 17 Clause 38 Relocation and renumbering of s 96 (Non-application to 18 Aboriginal or Torres Strait Islander places etc.) 19 Section 96-- 20 relocate and renumber, in part 1, as section 2A. 21 Clause 39 Amendment of s 98 (Evidence) 22 (1) Section 98(1)(a)-- 23 omit, insert-- 24 `(a) in Queensland waters; or'. 25

 


 

s 40 69 s 42 Queensland Heritage and Other Legislation Amendment Bill 2007 (2) Section 98(1)(c)-- 1 renumber as section 98(1)(b). 2 Clause 40 Amendment of s 100 (Restoration orders) 3 (1) Section 100(1), `against this Act'-- 4 omit. 5 (2) Section 100-- 6 insert-- 7 `(4) In this section-- 8 offence means-- 9 (a) an offence against this Act; or 10 (b) an offence against the Planning Act, section 4.3.1(1) or 11 4.3.3 in relation to development on a registered place.'. 12 Clause 41 Amendment of s 101 (Non-development order) 13 (1) Section 101(1), `against this Act'-- 14 omit. 15 (2) Section 101-- 16 insert-- 17 `(6) In this section-- 18 offence means-- 19 (a) an offence against this Act; or 20 (b) an offence against the Planning Act, section 4.3.1(1) or 21 4.3.3 in relation to development on a registered place.'. 22 Clause 42 Insertion of new ss 103A and 103B 23 After section 103-- 24 insert-- 25

 


 

s 42 70 s 42 Queensland Heritage and Other Legislation Amendment Bill 2007 `103A Chief executive may make guidelines 1 `(1) The chief executive may, after consultation with the council, 2 make guidelines to provide guidance to persons about any of 3 the following-- 4 (a) making an application under part 4; 5 (b) the administration of part 5, division 1, for the carrying 6 out of development on a registered place; 7 (c) the giving of an exemption certificate under part 5, 8 division 2; 9 (d) carrying out an archaeological investigation of a place; 10 (e) another matter relating to the administration of this Act. 11 `(2) If the chief executive makes a guideline under this section, the 12 chief executive must publish the guideline, as in effect from 13 time to time, on the department's website. 14 `103B Recording of particular matters 15 `(1) If-- 16 (a) a place is entered in the Queensland heritage register as 17 a State heritage place or an archaeological place; or 18 (b) the chief executive, under section 50, enters into a 19 heritage agreement that attaches to land; or 20 (c) the chief executive, under section 50(3), changes a 21 heritage agreement to state that it attaches to the land the 22 subject of the agreement; 23 the chief executive must give the registrar notice of the entry 24 or heritage agreement. 25 `(2) The notice must include particulars of the land the subject of 26 the entry or heritage agreement. 27 `(3) The registrar must keep a record of the entry or heritage 28 agreement. 29 `(4) The registrar must keep the record in a way that a search of 30 the register kept by the registrar under any Act relating to title 31 to land will show the land-- 32

 


 

s 43 71 s 43 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) is a place entered in the Queensland heritage register as 1 a State heritage place or an archaeological place; or 2 (b) is the subject of a heritage agreement. 3 `(5) If-- 4 (a) a State heritage place or an archaeological place is 5 removed from the Queensland heritage register; or 6 (b) a heritage agreement that attaches to land ends; 7 the chief executive must give the registrar notice of the 8 removal or ending. 9 `(6) The registrar must amend the records kept under this section 10 to show the removal or ending. 11 `(7) While a heritage agreement has effect for a place and is 12 recorded by the registrar under this section, the agreement is 13 binding on-- 14 (a) each person who is from time to time the owner of the 15 place, whether or not the person signed the agreement or 16 agreed to any change to the agreement; and 17 (b) to the extent the agreement affects the use of the place, 18 the occupier of the place. 19 `(8) In this section-- 20 registrar means the registrar of titles or another person 21 responsible for keeping a register for dealings in land.'. 22 Clause 43 Replacement of s 104 (Delegation by Minister) 23 Section 104-- 24 omit, insert-- 25 `104 Delegation by Minister or chief executive 26 `(1) The Minister may delegate the Minister's functions under this 27 Act to-- 28 (a) the chairperson of the council; or 29 (b) a local government; or 30 (c) an appropriately qualified public service officer. 31

 


 

s 43 72 s 43 Queensland Heritage and Other Legislation Amendment Bill 2007 `(2) The chief executive may delegate the chief executive's 1 functions under this Act, other than a function under section 2 54A, 54E or 59(1), to an appropriately qualified public service 3 officer. 4 `(3) Also, the chief executive may delegate a function of the chief 5 executive under part 5, division 2, other than a function under 6 section 48, to an appropriately qualified person. 7 `(4) In this section-- 8 function includes power. 9 `104A Approval of forms 10 `The chief executive may approve forms for use under this 11 Act. 12 `104B Amendment to renumber 13 `(1) On the commencement of this section, the provisions of this 14 Act are amended by numbering and renumbering them in the 15 same way as a reprint may be numbered and renumbered 16 under the Reprints Act 1992, section 43. 17 `(2) Subsection (1) applies to a provision of this Act enacted or 18 otherwise affected (a relevant provision) by a provision of an 19 amending Act enacted but uncommenced when subsection (1) 20 is commenced (the uncommenced provision), with the 21 following intent for the relevant provision-- 22 (a) if the number of the relevant provision would have 23 changed under subsection (1) had the uncommenced 24 provision commenced-- 25 (i) a number is allocated to the relevant provision as if 26 the uncommenced provision had commenced; and 27 (ii) when the uncommenced provision commences, the 28 number of the relevant provision is amended by 29 omitting it and inserting the number allocated to it 30 under subparagraph (i); 31 (b) if the relevant provision would have been omitted or 32 relocated had the uncommenced provision commenced, 33

 


 

s 44 73 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 its number remains the same as it was before the 1 commencement of subsection (1) until the omission or 2 relocation takes effect. 3 `(3) Without limiting the Reprints Act 1992, section 43(4), each 4 reference in this Act, and each reference in another Act or a 5 regulation stated in subsection (4) to a provision of this Act 6 renumbered under subsection (1), is amended, when the 7 renumbering happens, by omitting the reference to the 8 previous number and inserting the new number. 9 `(4) The following are stated for subsection (3)-- 10 (a) Integrated Planning Act 1997; 11 (b) Queensland Heritage Regulation 2003; 12 (c) Whistleblowers Protection Act 1994. 13 `(5) This section expires on the later of the following-- 14 (a) the day after the commencement of the last numbering 15 or renumbering of a provision done under the section; 16 (b) 30 June 2008. 17 `(6) In this section-- 18 amending Act means an Act that amends this Act.'. 19 Clause 44 Insertion of new pt 10, div 2 20 After section 107-- 21 insert-- 22 `Division 2 Provisions for Queensland Heritage 23 and Other Legislation Amendment 24 Act 2007 25 `108 Definitions for div 2 26 `In this division-- 27 assessor means a person appointed as an assessor under 28 section 38 of the pre-amended Act. 29

 


 

s 44 74 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 commencement means the day on which the provision in 1 which the term is used commences. 2 post-amended Act means this Act as in force after the 3 commencement. 4 pre-amended Act means this Act as in force before the 5 commencement. 6 register means the heritage register under the pre-amended 7 Act. 8 `109 Application under s 32 9 `(1) This section applies to an application that-- 10 (a) was made under section 32(1) of the pre-amended Act; 11 and 12 (b) on the commencement, had not been dealt with by the 13 council under the section. 14 `(2) The council must deal, or continue to deal, with the 15 application under section 32(1) of the pre-amended Act as if 16 the section had not been amended under the Queensland 17 Heritage and Other Legislation Amendment Act 2007. 18 `110 Place permanently entered in register taken to be 19 State heritage place 20 `(1) This section applies to a place that, immediately before the 21 commencement, was entered in the register on a permanent 22 basis. 23 `(2) On the commencement, the place is taken to be a State 24 heritage place under the post-amended Act. 25 `(3) The chief executive must ensure a record of the place is 26 included in the Queensland heritage register as soon as 27 practicable after the commencement. 28

 


 

s 44 75 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 `111 Dealing with particular application for entry of place 1 in, or removal of place from, register 2 `(1) This section applies to an application made under section 35 3 or 36 of the pre-amended Act to enter a place in, or remove a 4 place from, the register if, immediately before the 5 commencement-- 6 (a) for an application to enter the place in the register--the 7 place was under consideration for entry, but was not 8 provisionally entered, in the register; or 9 (b) for an application to remove the place from the 10 register--the place-- 11 (i) was entered in the register on a permanent basis; 12 and 13 (ii) the application had not been decided; and 14 (iii) the council had not given any notices as required 15 under section 36(4) of the pre-amended Act in 16 relation to the application. 17 `(2) The application is taken to be an application to enter the place 18 in the Queensland heritage register as a State heritage place, 19 or to remove the place from the Queensland heritage register, 20 made to the chief executive under section 35 of the 21 post-amended Act. 22 `(3) For dealing with the application under the post-amended Act, 23 the application is taken to have been received by the chief 24 executive on the commencement. 25 `112 Dealing with particular places under consideration 26 for entry in, or removal from, register on council's 27 own initiative 28 `(1) This section applies to a place that, immediately before the 29 commencement, was under consideration on the council's 30 own initiative for entry in or removal from the register if-- 31 (a) for a place under consideration for entry in the 32 register--the place has not been provisionally entered in 33 the register; or 34

 


 

s 44 76 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 (b) for a place under consideration for removal from the 1 register--the council has not given any notices as 2 required under section 36(4) of the pre-amended Act in 3 relation to the place. 4 `(2) On the commencement, the council's consideration of the 5 place for entry in or removal from the register under the 6 pre-amended Act is taken to end. 7 `(3) Subsection (2) does not limit a person's or other entity's right 8 to apply, under the post-amended Act-- 9 (a) for entry of the place in the Queensland heritage register 10 as a State heritage place; or 11 (b) for removal of the place from the Queensland heritage 12 register. 13 `113 Continuing process for dealing with objection under 14 pre-amended Act 15 `(1) This section applies if-- 16 (a) on the commencement, the council is considering-- 17 (i) whether a place that is provisionally entered in the 18 register should be permanently entered in the 19 register; or 20 (ii) whether a place that is permanently entered in the 21 register should be removed from the register; and 22 (b) in relation to the proposal to enter the place in or remove 23 the place from the register, an objection has been made 24 under section 37 of the pre-amended Act. 25 `(2) If, on the commencement, the council has not referred the 26 objection to an assessor-- 27 (a) the council must, under section 39 of the pre-amended 28 Act, refer the objection to an assessor; and 29 (b) the assessor must, under section 40 of the pre-amended 30 Act, enquire into and report to the council on the 31 objection. 32 `(3) If, on the commencement, the council has referred the 33 objection to an assessor, the assessor may, under section 40 of 34

 


 

s 44 77 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 the pre-amended Act, enquire into, or continue to enquire 1 into, and report to the council on the objection. 2 `(4) For dealing with an objection mentioned in this section-- 3 (a) there is to continue to be a panel of expert assessors as 4 provided for under section 38 of the pre-amended Act; 5 and 6 (b) the Minister may, under that section, appoint assessors 7 to the panel; and 8 (c) sections 38, 39 and 40(1) to (3) of the pre-amended Act 9 continue to apply in relation to the panel and the 10 assessors as if the Queensland Heritage and Other 11 Legislation Amendment Act 2007, section 17, had not 12 commenced. 13 `114 Dealing with assessor's report on objection under 14 pre-amended Act 15 `(1) This section applies if, after the commencement and under 16 section 40(3) of the pre-amended Act, an assessor gives the 17 council a report on an objection mentioned in section 113 18 about a proposal-- 19 (a) to enter a place in the register on a permanent basis; or 20 (b) to remove a place from the register. 21 `(2) The council must, within 20 business days after receiving the 22 assessor's report, consider the report and decide whether to 23 proceed with the proposal. 24 `(3) For a proposal to enter a place in the register on a permanent 25 basis, the council may decide-- 26 (a) to enter the place, as originally proposed, in the 27 Queensland heritage register as a State heritage place; or 28 (b) to enter the place, as varied from the original proposal, 29 in the Queensland heritage register as a State heritage 30 place; or 31 (c) not to enter the place in the Queensland heritage 32 register. 33

 


 

s 44 78 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 `(4) For a proposal to remove a place from the register, the council 1 may decide-- 2 (a) to remove the place from the Queensland heritage 3 register; or 4 (b) to vary the entry of the place in the Queensland heritage 5 register; or 6 (c) to leave the place in the Queensland heritage register. 7 `(5) Immediately after making a decision mentioned in subsection 8 (3) or (4), the council must advise the chief executive of the 9 decision, the reasons for the decision and the day it was made. 10 `(6) Within 10 business days after receiving the advice, the chief 11 executive must-- 12 (a) give public notice of the decision and the day it was 13 made; and 14 (b) give notice of the decision and the reasons for it to-- 15 (i) the owner of the place; and 16 (ii) if the owner is not the local government for the 17 area in which the place is situated--the local 18 government. 19 `(7) If the decision is a decision mentioned in subsection (3)(a) or 20 (b), or (4)(a) or (b), the notice given under subsection (6)(b) to 21 the owner of the place must be accompanied by an 22 information notice about the decision. 23 `(8) The owner of a place who is given, or is entitled to be given, 24 an information notice under subsection (7) for a decision may 25 appeal against the decision under part 8A as if the owner were 26 a person mentioned in section 94A(1)(a). 27 `(9) The chief executive must ensure the entry of a place in, 28 removal of a place from, or variation of an entry in, the 29 Queensland heritage register is recorded in the register as 30 soon as practicable after receiving the council's advice under 31 subsection (5). 32

 


 

s 44 79 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 `115 Continuing appointment of assessors 1 `(1) This section applies to a person who, immediately before the 2 commencement, was an assessor. 3 `(2) Despite the repeal of section 38 of the pre-amended Act, the 4 person continues as an assessor-- 5 (a) under section 38 of the pre-amended Act for the 6 purposes of inquiring into, and reporting on, objections 7 mentioned in section 113; and 8 (b) on the terms and conditions decided by the Minister. 9 `(3) Subsection (2) applies to the person until 1 year after the 10 commencement unless the person sooner stops being an 11 assessor. 12 `116 Appeals under pre-amended Act 13 `(1) Subsection (2) applies if, before the commencement-- 14 (a) a person has, under section 41 of the pre-amended Act, 15 appealed to the Planning and Environment Court against 16 a decision of the council; and 17 (b) the appeal has not been decided. 18 `(2) The Planning and Environment Court may hear, or continue to 19 hear, and decide the appeal. 20 `(3) Subsection (4) applies if-- 21 (a) immediately before the commencement a person could 22 have appealed to the Planning and Environment Court 23 under section 41 of the pre-amended Act against a 24 decision of the council; and 25 (b) the person has not appealed before the commencement. 26 `(4) The person may appeal, and the Planning and Environment 27 Court may hear and decide the appeal. 28 `(5) For subsections (2) and (4), section 41(5) to (7) of the 29 pre-amended Act applies as if the Queensland Heritage and 30 Other Legislation Amendment Act 2007, section 17, had not 31 commenced. 32

 


 

s 44 80 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 `117 Dealing with particular development applications 1 under Planning Act 2 `(1) This section applies to a development application under the 3 Planning Act if, immediately before the commencement-- 4 (a) the council is the assessment manager or a referral 5 agency under that Act for the application; and 6 (b) the council has not given the council's decision or 7 referral agency's response under that Act for the 8 application. 9 `(2) On the commencement, the chief executive is taken to be the 10 assessment manager or referral agency under the Planning Act 11 for the development application. 12 `(3) The chief executive must deal with the application under 13 section 44 of the post-amended Act. 14 `118 Application under s 46 15 `(1) This section applies to an application for an exemption 16 certificate made under section 46 of the pre-amended Act and 17 not decided before the commencement. 18 `(2) The application is taken to have been made to the chief 19 executive under section 46 of the post-amended Act. 20 `(3) The chief executive must deal with the application under the 21 post-amended Act. 22 `(4) For sections 46A(4) and 47(1) of the post-amended Act, the 23 application is taken to have been received by the chief 24 executive on the commencement. 25 `119 Continuing exemption certificates 26 `(1) This section applies to an exemption certificate that-- 27 (a) is in force immediately before the commencement; and 28 (b) was issued for development mentioned in section 29 46(5)(a), (b), (c), (e) or (f) of the pre-amended Act. 30 `(2) The exemption certificate-- 31

 


 

s 44 81 s 44 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) continues in force; and 1 (b) is taken to be an exemption certificate given under part 2 5, division 2 of the post-amended Act; and 3 (c) if the exemption certificate was issued for development 4 mentioned in section 46(5)(a), (b), (c) or (f) of the 5 pre-amended Act--the development is taken to be 6 development that will not have a detrimental impact on 7 the cultural heritage significance of the place to which it 8 relates. 9 `120 Provision about particular heritage agreements 10 `(1) This section applies to a heritage agreement that-- 11 (a) was entered into under the pre-amended Act; and 12 (b) is in force on the commencement. 13 `(2) A record kept by the registrar of titles, under section 52(2) of 14 the pre-amended Act, of a notification about the heritage 15 agreement-- 16 (a) must be kept in a way mentioned in section 103B(4); 17 and 18 (b) for the purposes of section 103B(5) to (7)--is taken to 19 be a record of the agreement under that section. 20 `121 Places of cultural heritage significance for local 21 government areas 22 `(1) This section applies if, on the commencement, a place is 23 identified in a local government's local planning instrument as 24 a place of cultural heritage significance for the local 25 government's area. 26 `(2) On the commencement, the place is taken to be a local 27 heritage place for the local government. 28 `(3) The local government must ensure that, in relation to the 29 place, the information mentioned in section 68C is included in 30 its local heritage register. 31

 


 

s 45 82 s 45 Queensland Heritage and Other Legislation Amendment Bill 2007 `(4) The local government must act under subsection (3) within 2 1 years after the commencement. 2 `(5) Section 68M does not apply in relation to the entry of a place 3 on a local government's local heritage register under this 4 section. 5 `(6) In this section-- 6 local government does not include a local government 7 prescribed for section 68A under a regulation. 8 local planning instrument see the Planning Act, schedule 9 10.'. 10 Clause 45 Amendment of schedule (Dictionary) 11 (1) Schedule, definitions, Crown, cultural heritage significance, 12 heritage register, maintenance work, minor repair work, 13 object, other minor work, owner, place, protected object, 14 registered place, territorial waters of the State and waters-- 15 omit. 16 (2) Schedule-- 17 insert-- 18 `appropriately qualified, for the exercise of a power or 19 performance of a function under this Act, includes having the 20 qualifications, experience or standing appropriate to exercise 21 the power or perform the function. 22 Example of standing-- 23 a person's classification level in the public service 24 approved form means a form approved under section 104A. 25 archaeological artefact-- 26 1 Archaeological artefact means any artefact that is 27 evidence of an aspect of Queensland's history, whether 28 it is located in, on or below the surface of land. 29 2 Archaeological artefact does not include a thing that is 30 aboriginal cultural heritage under the Aboriginal 31 Cultural Heritage Act 2003 or Torres Strait Islander 32

 


 

s 45 83 s 45 Queensland Heritage and Other Legislation Amendment Bill 2007 cultural heritage under the Torres Strait Islander 1 Cultural Heritage Act 2003. 2 archaeological criteria means the criteria for entry in the 3 Queensland heritage register stated in section 43C. 4 archaeological investigation, of a place, means a physical 5 investigation of the place carried out by an appropriately 6 qualified person for the purpose of investigating, recording or 7 conserving archaeological artefacts on the place. 8 archaeological place means a place entered on the 9 Queensland heritage register as an archaeological place under 10 part 4A. 11 archaeological submission see section 43D(2)(b)(iii). 12 assessor, for part 10, division 2, see section 108. 13 business day does not include a day between 26 December in 14 a year and 1 January in the following year. 15 commencement, for part 10, division 2, see section 108. 16 cultural heritage criteria means the criteria for entry in the 17 Queensland heritage register stated in section 34(1). 18 cultural heritage significance, of a place or feature of a place, 19 means its aesthetic, architectural, historical, scientific, social, 20 or other significance, to the present generation or past or 21 future generations. 22 development approval means a development approval as 23 defined under the Planning Act. 24 feature, in relation to a place, includes the following-- 25 (a) a building or structure, or part of a building or structure; 26 (b) an artefact, including an archaeological artefact; 27 (c) a precinct; 28 (d) a natural or landscape feature. 29 heritage agreement means a heritage agreement entered into 30 under this Act, whether before or after the commencement of 31 this definition. 32 heritage recommendation see section 42A(1). 33

 


 

s 45 84 s 45 Queensland Heritage and Other Legislation Amendment Bill 2007 heritage submission see section 40(1). 1 indictable offence includes an indictable offence dealt with 2 summarily, whether or not the Criminal Code, section 659, 3 applies to the indictable offence. 4 information notice, about a decision, means a notice 5 stating-- 6 (a) that the person to whom the notice is given may appeal 7 to the Planning and Environment Court against the 8 decision within 20 business days after receiving the 9 notice; and 10 (b) the ground for an appeal; and 11 (c) how to appeal. 12 interfere with, for part 7, division 1, see section 55. 13 interim protection order see section 54A(1). 14 land includes Queensland waters and land covered by the 15 waters. 16 local heritage place means a place entered in a local heritage 17 register. 18 local heritage register see section 68B(1). 19 maintenance notice see section 54E(2). 20 owner-- 21 1 An owner in relation to land, means-- 22 (i) for freehold land--the registered owner; or 23 (ii) for land the subject of a mining interest--the 24 person who holds the interest; or 25 (iii) for a road or other land under a local government's 26 control--the local government; or 27 (iv) for other land held from the State under another 28 Act under an interest less than fee simple and 29 conferring a right to possession of the land--the 30 person who holds the interest; or 31 (v) for unallocated State land under the Land Act 32 1994, land in a State forest or timber reserve under 33

 


 

s 45 85 s 45 Queensland Heritage and Other Legislation Amendment Bill 2007 the Forestry Act 1959, or other land under the 1 control of the State--the State. 2 2 Also, a mortgagee of land is the owner of land if the 3 mortgagee is in possession of the land. 4 3 The owner of an artefact that is not permanently 5 attached to, or under, land means a person legally 6 entitled to possession of the artefact. 7 personal information, of an applicant, means the applicant's 8 name and address, or other information that may identify the 9 applicant. 10 place-- 11 1 Place means a defined or readily identifiable area of 12 land, whether or not held under 2 or more titles or 13 owners. 14 2 Place includes-- 15 (i) any feature on land mentioned in item 1; and 16 (ii) any part of the immediate surrounds of a feature 17 mentioned in subparagraph (i) that may be required 18 for its conservation. 19 place of seizure see section 84C. 20 Planning Act means the Integrated Planning Act 1997. 21 Planning and Environment Court means the Planning and 22 Environment Court under the Planning Act. 23 planning scheme has the meaning given by the Planning Act, 24 section 2.1.1. 25 post-amended Act, for part 10, division 2, see section 108. 26 pre-amended Act, for part 10, division 2, see section 108. 27 Queensland heritage register means the register kept under 28 part 3. 29 register, for part 10, division 2, see section 108. 30 registered place means a State heritage place, an 31 archaeological place or a protected area. 32

 


 

s 45 86 s 45 Queensland Heritage and Other Legislation Amendment Bill 2007 State heritage place means a place entered in the Queensland 1 heritage register as a State heritage place under part 4. 2 stop order see section 88(1).'. 3 (3) Schedule, definition aesthetic significance, `object'-- 4 omit, insert-- 5 `artefact'. 6 (4) Schedule, definition building, `objects'-- 7 omit, insert-- 8 `artefacts'. 9 (5) Schedule, definition development, `Integrated Planning Act 10 1997'-- 11 omit, insert-- 12 `Planning Act'. 13 (6) Schedule, definition exemption certificate, `issued under 14 section 46'-- 15 omit, insert-- 16 `given under part 5, division 2'. 17 (7) Schedule, definition previous Act, before `means'-- 18 insert-- 19 `, for part 10, division 1,'. 20 (8) Schedule, definition protected area, `part 7'-- 21 omit, insert-- 22 `part 7A'. 23 (9) Schedule, definition public notice, paragraphs (b) and (c)-- 24 omit, insert-- 25 `(b) in a newspaper circulating generally in the area in which 26 the place or artefact to which the notice relates is 27 situated.'. 28

 


 

s 46 87 s 48 Queensland Heritage and Other Legislation Amendment Bill 2007 Part 3 Amendment of Integrated 1 Planning Act 1997 2 Clause 46 Act amended in pt 3 3 This part amends the Integrated Planning Act 1997. 4 Clause 47 Amendment of s 1.3.5 (Definitions for terms used in 5 development) 6 Section 1.3.5(1), definition building work, item 2-- 7 omit, insert-- 8 `2 Building work, for administering IDAS under the 9 Queensland Heritage Act 1992 in relation to a 10 Queensland heritage place, includes any of the 11 following-- 12 (a) altering, repairing, maintaining or moving a built, 13 natural or landscape feature on the place; 14 (b) excavating, filling or other disturbances to land that 15 damage, expose, or move archaeological artefacts, 16 as defined under that Act, on the place; 17 (c) altering, repairing or removing artefacts on the 18 place that contribute to its cultural heritage 19 significance, including, for example, furniture and 20 fittings; 21 (d) altering, repairing or removing building finishes 22 that contribute to the place's cultural heritage 23 significance, including, for example, paint, 24 wallpaper and plaster.'. 25 Clause 48 Amendment of s 4.3.1 (Carrying out assessable 26 development without permit) 27 (1) Section 4.3.1(2)(a), `4.3.6 and 4.3.6A'-- 28 omit, insert-- 29 `4.3.6, 4.3.6A and 4.3.6B'. 30

 


 

s 49 88 s 51 Queensland Heritage and Other Legislation Amendment Bill 2007 (2) Section 4.3.1(3)(b)-- 1 omit, insert-- 2 `(b) on a Queensland heritage place or local heritage place.'. 3 Clause 49 Amendment of s 4.3.6 (General exemption for emergency 4 development use) 5 Section 4.3.6(1)(a), after `tidal works'-- 6 insert-- 7 `or building work to which section 4.3.6B applies'. 8 Clause 50 Amendment of s 4.3.6A (Coastal emergency exemption 9 for operational work that is tidal works) 10 Section 4.3.6A(6)-- 11 omit. 12 Clause 51 Insertion of new s 4.3.6B 13 After section 4.3.6A-- 14 insert-- 15 `4.3.6B Exemption for building work on Queensland 16 heritage place 17 `(1) This section applies to building work (the emergency building 18 work) if-- 19 (a) the work is carried out on a Queensland heritage place; 20 and 21 (b) other than for this section, a development permit would 22 have been required to carry out the work; and 23 (c) it is necessary to carry out the work because of an 24 emergency endangering-- 25 (i) the life or health of a person; or 26 (ii) the structural safety of a building. 27 `(2) Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5 do not apply to a person 28 who carries out the emergency building work if-- 29

 


 

s 52 89 s 52 Queensland Heritage and Other Legislation Amendment Bill 2007 (a) before starting the work and if practicable, the person 1 obtains the advice of a registered professional engineer 2 about the work; and 3 (b) the person takes all reasonable steps-- 4 (i) to ensure the work is reversible; or 5 (ii) if the work is not reversible--to limit the impact of 6 the work on the cultural heritage significance of 7 the Queensland heritage place; and 8 (c) as soon as reasonably practicable after starting the work, 9 the person-- 10 (i) makes a development application for any 11 development permit that would otherwise be 12 required for the work; and 13 (ii) gives the assessment manager for the application 14 written notice of the work. 15 `(3) However, subsection (2) does not apply if the person is 16 required by an enforcement notice or order to stop carrying 17 out the emergency building work. 18 `(4) Also, subsection (2) ceases to apply if the development 19 application mentioned in subsection (2)(c) is refused. 20 `(5) If, under subsection (4), subsection (2) ceases to apply, the 21 person must remove the emergency building work as soon as 22 practicable. 23 Maximum penalty--1665 penalty units.'. 24 Clause 52 Amendment of sch 8 (Assessable development and 25 self-assessable development) 26 (1) Schedule 8, part 1, table 5, item 2, all words before paragraph 27 (c)-- 28

 


 

s 53 90 s 54 Queensland Heritage and Other Legislation Amendment Bill 2007 omit, insert-- 1 `Development on Queensland heritage place 2 All aspects of development on a Queensland heritage place, other than development-- (a) for which an exemption certificate under the Queensland Heritage Act 1992 has been issued; or (b) that, under section 49B of that Act, is liturgical development; or'. (2) Schedule 8, part 1, table 5-- 2 insert-- 3 `Development on local heritage place 2A All aspects of development on a local heritage place, other than development mentioned in schedule 9.'. Clause 53 Amendment of sch 8A (Assessment manager for 4 development applications) 5 (1) Schedule 8A, table 3, item 7-- 6 omit, insert-- 7 `Development on Queensland heritage place 7 If tables 1 and 2 do not apply and the application is for-- Chief executive administering the (a) assessable development on a Queensland heritage place; and Queensland Heritage Act 1992 (b) no other assessable development. Development on local heritage place 7A If tables 1 and 2 do not apply and the application is for-- The local government for (a) assessable development on a local heritage place; the place'. and (b) no other assessable development. (2) Schedule 8A, table 4, item 1(a)(iv)-- 8 omit, insert-- 9 `(iv) assessable development on a Queensland heritage 10 place; and'. 11 Clause 54 Amendment of sch 10 (Dictionary) 12 (1) Schedule 10, definition emergency work-- 13

 


 

s 55 91 s 55 Queensland Heritage and Other Legislation Amendment Bill 2007 omit. 1 (2) Schedule 10-- 2 insert-- 3 `local heritage place means a local heritage place under the 4 Queensland Heritage Act 1992. 5 Queensland heritage place means a registered place under 6 the Queensland Heritage Act 1992. 7 registered professional engineer means a registered 8 professional engineer under the Professional Engineers Act 9 2002 or a person registered as a professional engineer under 10 an Act of another State.'. 11 Part 4 Minor and consequential 12 amendments 13 Clause 55 Acts amended in schedule 14 (1) The schedule amends the Acts it mentions. 15 (2) However, subsection (1) does not apply in relation to a 16 particular Act if another provision of this Act states that the 17 schedule amends the particular Act. 18

 


 

92 Queensland Heritage and Other Legislation Amendment Bill 2007 Schedule Minor and consequential 1 amendments 2 sections 3 and 55 3 Geothermal Exploration Act 2004 4 1 Section 87(2)(c)(viii), `heritage register'-- 5 omit, insert-- 6 `Queensland heritage register'. 7 Queensland Heritage Act 1992 8 1 Section 14, `section 10(4)'-- 9 omit, insert-- 10 `section 10(5)'. 11 2 Part 3, heading, after `The'-- 12 insert-- 13 `Queensland'. 14 3 Part 4, heading-- 15 omit, insert-- 16 `Part 4 Matters about registration of 17 State heritage places in 18 Queensland heritage register 19

 


 

93 Queensland Heritage and Other Legislation Amendment Bill 2007 Schedule (continued) `Division 1 Criteria for entry in register as State 1 heritage place'. 2 4 Section 54, heading, after `agreement'-- 3 insert-- 4 `--Planning and Environment Court order'. 5 5 Part 7, heading, `objects and archaeological areas'-- 6 omit, insert-- 7 `artefacts'. 8 6 Part 7, division 3, heading-- 9 omit, insert-- 10 `Part 7A Protected areas 11 `Division 1 Declaration of, and entry to, 12 protected areas'. 13 7 Sections 64(3)(c), (d) and (e) and 70(1)(a), `objects'-- 14 omit, insert-- 15 `artefacts'. 16 8 Part 7A (as renumbered under this Act), division 4, 17 heading-- 18 omit, insert-- 19 `Division 2 Appeals'. 20

 


 

94 Queensland Heritage and Other Legislation Amendment Bill 2007 Schedule (continued) 9 Section 70(1)(b)(ii), `Integrated Planning Act 1997'-- 1 omit, insert-- 2 `Planning Act'. 3 10 Section 80(1)(a), `Integrated Planning Act 1997'-- 4 omit, insert-- 5 `Planning Act'. 6 11 Part 8, division 2, subdivision 3, heading, 7 `investigators'-- 8 omit, insert-- 9 `authorised persons'. 10 12 Part 10, heading-- 11 omit, insert-- 12 `Part 10 Transitional provisions 13 `Division 1 Provisions for Queensland Heritage 14 and Other Legislation Amendment 15 Act 2003'. 16 Valuation of Land Act 1944 17 1 Section 14(5)(d), `1992, part 6'-- 18 omit, insert-- 19 `1992'. 20

 


 

95 Queensland Heritage and Other Legislation Amendment Bill 2007 Schedule (continued) Whistleblowers Protection Act 1994 1 1 Schedule 2, entry for Queensland Heritage Act 1992-- 2 omit, insert-- 3 `Queensland Heritage Act 1992 4 Section 61 (Offence to destroy protected area) 5 Section 89 (Contravention of stop order) 6 Section 100(2) (Restoration orders)'. 7 State of Queensland 2007

 


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