AUSTRALIAN HERITAGE COMMISSION ACT 1975

Transcription

1 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal.'.c REPRNT No. 2 :.. ( ( AUSTRALAN HERTAGE COMMSSON ACT 1975 Reprntedas at 31 AuQust 18tl1. 5ecton ' ' Short l1e Commencement nterpretaton Natonal Estate Extenson to Terrtores TABLE OF PROVSONS PART -PREUMNARY PART -ESTABUSHMENT. FUNCTONS AND POWERS OF THE AUSTRAlAN HERTAGE COMMSSON Austrafan Hertage Commsson.Functons 01 Commsson Consultaton by Commsson Departments and UlhOrtes to assst Commsson. Powers 01 Commsson. PART -CONSTTUnON AND MEETNGS OFTHE COMMSSON Nature 01 Commsson Membershp of Commsson Tann 01 offce Remuneraton and allowances Resgnaton Actng' Charman Deputes Termnaton 01 appontment 01 Commssoner Dsclosure 01 nterest Meetngs. Co-opted Commssoners PART V-THE REGSTER OF THE NATONAl ESTATE ~. Regster 01 the Natonal Estale 23. Entry'Ol place n Regster 23A. Notfcaton belore publcaton 01 publc notce 238. Appontment 01 assessors. (P.R.A. B5J91)"':Cat. No

2 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act 1975 Secton A C A C E. PART V..STAFF 32. Staff of Commsson 33. Pobjc servants to assst CommssOn.. PART V-FNANCE 34. Moneys payable to Commsson 35. Appfcaton of moneys 36. Estmates of recepts and expendture 37. Commsson not to bqrrow 38. Bank accounts Power to purchase and dspose of assets Proper accounts to be kept 41. Audt.42.. Taxaton 43. « :. 48. TABLE OF PROVSONS-contnued RemoVal of place from Regster. Upmost consderaton to be gven to sgnfcance ct a place as part of the natonal estate when dllang wth objecton. Supply of materals by the.commsson Dscreton of the Commsson not to dsclose precse locaton of a place Drectons by the Mnster nterm Ust. nspecton of the RegstBf. PART V-PROTECTON OF THE NAtONAL ESTATE Advce by Commsson Reports by Commsson. Dutes of Mnsters and authortes. Pac8s deemed to be n Rag8l8r.... PART VA-NAM.NAt. ESTATE GRANTS PROGRAM Applcaton for grant.... Commsson to gve advce on selecton etc. of projects Grant of fnancalassstanee.. Varaton of grants. Appropraton Reports nqures Commttees Consultants Delegaton Regulatons.. PARTVl-MSCEUANEOUS....." '..'.' '~ ". ' :. -.~. " :.~j. J." j :......: t.

3 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Aflslro/on Hertage Commsson AC1975 ( NOTE. The Ausrralan Her/age Commsson Act 1975 (a) as shown n Lh$ reprnt comprses Act No. } as amen<led.by.lj>e other Acts specfed n (he followng ~~.. Applcalon. soavnn. Nvmber Datc"of... o..eo( 01' transtonal ltld )'Qr 'Ns<ol eom~mcnt plo.l soc t Awslral4tt H~rl(J~.Commnl"" Arr 1915 Au.slraUGf Htrr4~ Commsson... An"roJ""m Act AdmhuJlftJ'w CuJ"Ct"s (ConuqJt"a J Proo;s""'J An 1918 Stelllk LAw REVson. A<t 1981 r..blc. ~v"';~(. Rf... A~t "flt. P..;t.L.. ScrJ......J:.. s~...h.j'.."1 A.. tl..r'~.e.s. A..~...c..t. Aol:: "" Art~1" fnoj..o " t;r...s...j..;...t t.-;.~ June June (915 13t DeC D<c19J6 5.6(21'00( Juf1C June '1981 llone : Roy.1 A1s<n. (6) f~oul: "l ;5..~.. "'1 B"j Cc.) '-": - -.._-.-.- :3 \ ~" "'D"' 'co'" \0..'\\ GO <:0\0;2. "- '3"'"... ~ 'S:. $.\7 8\ ~ ''t&; '.: G... "......"f.) \\".l1~ 1l>~ 3"_ ~ Sl> le{ g;. Q~-'~" _.~-~. P.~...J ~ {\'t.~ \';'k~\ A\JrJtto..\\~.~ ta l.\ <;-"tj.. ~~. ~u- \..'"\.""Q - t\r-t:" \::.~" ro...~ \ %.;-T~"=~.p.v-'.!o>. <-\ ~-\;:L' 2..""'<- \\o\"\~ - r.- "

4 c DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal.::.. :..... <.. AUSTRALAN HERTAGE COMMSSON ACT 1975 An Act to establsh an Australan Hertage Commsson ShOl't ttle PART -PRELMNARY J..Ths Act may be cted as the.a/lslralan Herlage Commsson Act /975.' Commencement 2. Ths Act shall come nto operaton on the day on whch t receves the Royal AsSent.' ( nterpretatlor 3. (1) n ths Act unless the contrary ntenton appears: "approprate Mnlstel'" n relaton to a State or an nternal Terrtory means: (a) the Mnster desgnated by that State or Terrtory. for the purposes of ths Act; or. (b) any other Mnster of that State or Terrtory for the tme. beng actng for and on behalf of that Mnster; and nclujes a delegate of the Mnster referred to n paragraph (a) or (b); "approved body" means a body approved by he Mnster for th e purposes of ths Act beng: (a) an authorty or body establshed by or under a law of the Commonwealth;. (b) an authorty of a State or of a Terrtory; or (c) a local governng body; or

5 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal 2 J (d) any body corporate consttuted for -purposes other than 'the acquslon of gan by ts ndvdual members; "AuslJ"llla" ncludes the external Terrtores to whch ths Act extends; ~'uuthorlty of the Commonweallh" ncludes: (a) " Australan Hertage Commsson Act 1975 all authortes and bodes (not beng companes' or socetes) estahlshed by or apponted under the laws of the Commonwealth or of a Terrtory other than the Australan Captal Terrtory: the Northern Terrtory or NQrfolk sland; and '(b) 'a company (other than Australan Arlnes Lmted) n whch the whole of the shares or stock or shares and stock carryng more than one-half of the votng power s or are owned by or on hehalf of the Commonwealth; but does not nclulle the Commsson or a court; "Charman" means the Charman of the 'Commsson; "Commss~r" means the Commsson establshed by ths Act; '''conservaton'' n n:laton to the natonal estate ncludes protecton; mantenance and preservaton and "conserve" has a correspondng meanng; ')co-opted Commssoner" meaj)s a person apponted under subsecton 21 () to be lco-opted Commssoner; "Department" means a department of the Australan Publc Servce; "Envronment Protecton Act" means the Enyjronmenl Prolecton (lmpacl of Prnpostlls) ACl / ; "grants program" means the program referred to n paragraph.7 (da); '''mprovement'' n relaton to the natonal estate ncludes the' restoraton of places ncluded n the natonal estate and "mprove" has a corresponllng meanng; "nterm Lst" means the lst kept under secton 26; "Natonal Estate project" means a project relatng to: (a) the dentfcaton of a pl'lce ncluded n the Natonal Estate; or (h) the conservaton mprovement or presentaton of a place entered n the Regster or n the nterm Lst; "owner" n relaton to any real property means: (a) 'f the 'property s held'n fee smple-the person n whom the fee s mpe s vested; or (b) f the property s held under a lease from the Crown (other than a lease for the exploraton or explotaton of mnerals or ' a lease of a smlar lmted nature)-the lessee of the property;.' ( ~ ( (!! ' j 'j ' J : ( (!.j. :!!'! \"! '

6 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal. Australan Hertage Commsson Act "place" ncludes: (a)..a sle arch or regon; (b) a. buldng or other structure (whch may nclude equpment furnture fllngs and artcles assoc1\ted wth or connected' wth such buldng or other structure); and (c) a group of buldngs 'or other structures (whch may nclude equpment fu'rnture fttngs and artcles assocated wth or connected wth such group of buldngs or other structures); am 'n relaton to the. conservaton or mprovement' of a place nclulles the mmedate surroundngs of the place;.. "presentaton". n relaton to the natonal estate ncludes: (a) the exhbton or dsplay of; (b) the provson of access to; and (c) the publcaton of nformaton n relaton to;.. places ncluded n the natonal estate and "present" has a correspond ng meanng;. "neglster;' means the Regster of- the Natonal Estate kept n pursuance of ths Act;...epresentatlve. Commssoner" means a CommSsoner whose appontment s authorzed by subsecton 12 (A); "Terrtory" means.an nternal Terrtory. or an external Terrtory to whch ths Act extends... (2) n ths Act a reference to publ.c notce s a reference to notce' publshed: (a) n the Gazelle: (b) n a local newspaper f any crculatng n the area concerned; anll (c) n each Stale and Terrtory n a newspaper crculatng throughout thal Stale or Terrtory. Natonal Estate. 4.(1) For the purposes 'of ths Act the natonal 'estate conssts of those places beng components 'of the natural envronment of Austra-'. la or the cultural envronment of Australa 'that have aesthetc hslorc scentfc or socal sgnfcance or other specal value for future generatons as well as for the present communty. (la Wthout lmtng the generalty of subsecton () a place that s a component of the natural or cultural envronment of Australa s to be laken to be a place nduued n the natonal estate f t has sgn"fcance or other specal value for future generatons as well as for the present communty because of. any of the followng: s.4.'.". 1. j! ;

7 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act 1975 s.5 (a) ts mportance n the ;ourse or pallern of Australa's natural or cultural hstory; (ll) ts possesson of uncommon rare or endangered aspects of Australa's natural or cultural hstory; tc) ts potental to yeld nformaton that wll contrbute to an understandng of Australa's naturar or cultural hstory; " td) ts mportance n demonstratng the prncpal characterstcs of: () a class of Australa's natural or cultural places; or ()' a class of Australa's natural or cultural envron. menls; tel ts mportance n exhbtng partcular aesthetc characterstcs valued 'by a communty or cultural group;. ' (f) ts mpo~tance n demonstratng a hgh degree of creatve or techncal achevemcnt at a partcular perod;.lg) ts strong or specal assocaton wth a partcular communty or ' cultural group for socal. cultural or sprtual reasons; (h) ts specal assocalon wth the lfe or works of a person or group of persons of mportance n Australa's natural or cultural hstory. ' (2 For thc' purposes of ths secton Australa ncludes the terrtoral sea of Australa and the contnental shelf of Australa: (3) A 'placc may form part of the natonal estate for the purposes of ths Act notwthstandng that 'the conservaton mprovement or presentaton of the place s deall wth by another Act.!.~. :. ( ( Extenson to Terrtores 5. Ths Act extends ttl ever) external Terrtory. PART l-establlshme\j' functons AND POWERS OF THE AUSTRALAN HEUTAGE COMMSSON ' Australan Hertllgp Cummsson 6. There S establshed by ths Act a Commsson by the 'name' of the Australan Hertage Commsson. Functons of Commsson 7. The functons of the Commsson are: (a) On ls own moton or on the request of the Mnster to gve a.1vce to the Mnster on mallers relatng to the natonal estate nclu.lng advce relatng to:

8 --'---' DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal...:. Australan Hertage Commsson Act 1975 ' 5 s.8 '.. -" '... () acton to t.!entfy conserve mprove and present the natonal estate; and' ' () expendture by the Commonwealth for the t.!entfcaton conservaton mprovement and presentaton of the natonal estate; and. " ' () the grant' of fnancal or other assstance by the Commonwealth for the dentfcaton conservaton mprovement or presentaton of the natonal estate; (l) to encourage publc nterest n and understandng of ssues relevant to the natonalt:state; (c) to dentfy places nclut.!ed n the natonal estate and to prepare a regster of those places n accordance wth Part V; (t.!) to furnsh advce and reports n accordance wth Part V; (da) subject to Part VA to admnster the Natonal Estate Grants Program beng the program devsed for the grant by the Commonwealth n accordance wth that Pan of fnancal assstance to the States and'nternal Terrtores and to approved bodes for expenllture on Natonal Estate projects; (e) to further 'tranng ant.! educaton felds related to the conservaton mprovement'and presentaton of the natonal estate; (f) to make arrangements for the admnstraton and control of places ncludet.! n the natonal estate that are gven or be-' queathed.to the Commsson; and (g) to organze and.engage n research a!ld nvestgaton necessary for the performance of ts other functons..! ". Consultaton by Commsson 8. The Commsson shall n the performance of ts functons n relaton to any malter and so far as t consders approprate havng regard to the nature of the matter consult wth Departments and authortes of the Commonwealth and of the States local government authortes and. communty and other organzatons and n partcular wthout lmtng the generalty of the foregong shall consult wth the Drector of Natonal Parks and Wldlfe n relaton to any matter that concerns the establshment or management of a park or reserve under the Natonal Parks and Wldlfe Conservaton Ad /975. Departments and authortes to assst Commsson 9. (1) All Departments and all authortes of the Commonwealth shall gve to the Commsson such assstance n the carryng out of ts functons as s reasonably' practcable.

9 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal 6 Australan Hertage Commsson Act 1975 s. 10 (2) All Departments and all authortes of the Commollwealth shall comply wth all reasonable requests for nformaton made to them by the Commsson n the. performance of ts functons. l'owel"s of Commsson 10. 0) The Commsson' may do all thngs that are necessary or convenent to be done for or n connexon. wth the performance of ts functons and n partcular wthout lmtng the generalty of the foregohg the Commsson may: (a) enter nto contracts; and (b). accept gfts devses and bequests made to t whether on trust.or otherwse and act as trustee of moneys or other property vested'n t on trust. (2) Notwthstandng anythng contaned n ths Act any moneys or property vested n the Commsson upon trust shall be dealt wth n. accordance wth the powers and dutes of the Commsson' as trustee.. PART -CONSTTUTON AND MEETNGS OF THE. COMMSSON Nature of Commsson 11. (1) The Commsson: (a) s a hody corporate wth perpetual successon; (b) shall have a common seal; (c) may acqure hold and dspose of real and personal property; and. (d) may sue.and be sued n ts corporate name. (2) All courts. judges and persons actng judcally shall take judcal notce of the common seal of the Commsson affxed to a document and shall presume that t was duly affxed. Membershp of Commsson 12. (1) The Commsson shall consst' of:. (a) the Charman; and (b) rot fewer than 4 'nor more than 6 other Commssoners.. (1A1 A person who s the Secretary of a Department or the Charman of an authorty of the Commonwealth may be apponted as a Commssoner but not more than 2 such persons shall lold offce as Commssoners at the one tme. " f

10 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal c ) Australan Hertage Commsson Act (2) The Commssoners shall be apponted by the Governor General as part-tme Commssoners (3) The Charman and not fewer than one-half of the other Commssoners shall be persons who are not full-tme offcers or employees of the Australan Publc Servce or full-tme members offcers or employees of an authorty of the Commonwealth. (4) The Commssoners other than the representatve Commssoners shall be persons havng qualfcatons relevant to or specal experence or nterest n a felu related to the functons of the Commsson.. (5) For the purpose of makng.recommendatons to the Governor General for the appontment of Commssoners referred to n paragraph () (b) other than representatve CommsSoners the Mnster shall:. (a) have regard to the. desrablty of the membershp of the Commsson ncluung persons resdent n dfferent parts of Australa; anu (h) consult so far as he consuers approprate wth Mnsters and authortes of the States local government authortes and communty and other organzatons. (7) The performance of the functons or the exercse of the powers of the Commsson s not affected by reason only of more than one-half of the Commssoners other than the Charman beng durng a perod of.not more than 6 months persons who are offcers or employees of the Australan Publc Servce or members offcers or employees of an authorty of the Commonwealth.. (8) For the purposes of ths secton where an authorty of the Commonwealth s consttuted by one person that person shall be deemed to he the Charman and a member of the authorty. (9) For the purposes of ths secton where an authorty of the Commonwealth s consttuted by 2 or more persons none of whom s called the Charman the person who normally presdes at meetngs of the authorty shall be deemed to be the Charman.. (101 The appontment of a Commssoner s not nvaldated and shall nm he called n queston by reason of a defect or rregularty n or n connexon wth hs appontment... ~..' ( Term "foffce 13. () Subject to ths Act a Commssoner other than a representatve Commssoner holds offce for such perod beng net more than 3' years as the Governor-General specfes n the nstrument of hs appontment but s elgble for re-appontment.

11 ' DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal 8 Australan Hertage Commsson Act (2) A person shall not hold offce under subsecton (1) for a. contnuous perod exceedng 6 years. (3) A person who has held offce under subsecton. (1) for a contnuous peroj of 6 years s not elgble for re-appontment for a terrl of offce commencng wthn 12 months after the expraton of. that perod.' (4) A.representatve Commssoner holds offce durng the pleasure of the Governor-General..Rem unerllton and allowances 14. () A Commssoner other than a representatve Commssoner anj' a co opted CommssQner shall be pad such remuneraton as s determnej by the Remuneraton Trbunal but f no determnattln of that remuneraton by the Trbunal s n operaton he shall be pad such'remuneraton as s prescrbed. (2) A Commssoner shall be pad such allowances as are'prescrhej.. (3) Ths secton Ac Resgnaton has effect subject to "the Remllne.af8n t.";blma~. Remu~rat~~ Trbuna"\ ~+~/9 ~ 15. A Commssoner other than a.representatve Commssoner. may resgn hs offce by wrtng sgned by hm and delvered to the Governor-General but.the resgnaton does not have effect untl t s acceptej by the Governor-General. r Actng Charman.16. () The Mnster may appont a Commssoner: other than a representatve Commssoner -to act as Charman: (a) durng a vacancy n the offce of Charman; or (b) durng any peroj. or Jurng all perods when the Charman s absent from Juty' or from AUstrala or for any reason s unable to. perform the functons of hs offce; hut a person 'apponted to act durng a vacancy shall not contnue so to aet for more than 12 months.. (2) The Mnster may: (a) determne the terms and condtons of appontment. ncludng remuneraton and allowances of a person' actng as Charman; and'. (b) at any tme termnate such an appontment. ;.1

12 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal < Australan Hertage Commsson Act (3) Where a person s actng as Charman n accordance wth paragruph (1) (b) and the offce of Charman becomes vacant whle lhal person s s'o actng that person may contnue so to act untl the Mnster otherwse drects the vacancy s flled or.a perod of 12 months from the date on whch the vacancy occurred expres whch-. cvcr frsthappens' (4) The appontment ola person to act as Charman ceases to have effect f he resgns thc appontment by wrtng sgned by hm and. dclvered to the Mnster but the resgnaton does not have effect untl. t s accepted by the Mnster.. (5) Whle the appontment of a person to act as Charman remans n force he has and may exercse all the powers and shall perform all the functons of the Charman. (6) The valdty of anythng done by a person actng as Charman. shall not be called n queston on the ground that the occason for hs appontment had not arsen.or that the appontment had ceased to h\ve effect. Deputes 17. () A representat~e Commssoner who s the Secretary of a Department may n wrtng <luthorze an offcer of that Department to represent hm at a meetng of the Commsson. (2) A representatve Commssoner who s; or s deemed for the purposes of secton 12 to be the Charman of an authorty of the Commonwealth may n wrtng authorze another member of the authorty (f any) or an offcer or employee of the authorty to represent hm at a meetng of the CommsSon. (3).A person authorzed under subsecton () or (2) to. represent a Commssoner at a meetng s enttled to atend the meetng n the place of the Commssoner and when so attendng shall be deemed to be a Commssoner... ~...' ( Termnaton of appontment of Commssoner () The Governor-General may termnate the appontment of' a Commssoner other than a rcpresentatve Commssoner by reason of msbehavour or physcal or mental ncapacty.. (2) f < Commssoner: (a) not beng a representatve Commssoner s absent except wth the permsson of the Mnster from 3 consecutve meetngs of.. the CO:nmsson;..

13 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hf)rtage Commsson Act 1975 (b) becomes bankrupt or. apples to take the beneft of any law for the relef of bankrupt or nsolvent debtors compounds ""th hs credtors or makes ~n assgnment of hs remuneraton for ther heneft; or (c) fals to comply wth hs oblgatons under secton 19; the Governor-General shall termnate the appontment of the Commssoner. Dsclosure of nterest 19.. () A Commssoner who has a drect or ndrect pecunary nterest n a matter beng consdered or about to be consdered by the Commsson otherwse than as a member of and n common wth the other members of an ncorporated company whch conssts of more than 25 persons am of whch h'e s not a drector shall as soon as possble after the relcvant facts have come to hs knowledge dsclose the nature of hs ntercst at a meetng of the Commsson... (2) A Commssoner who s the member of an organzatqn that has a drect or ndrect peclfnary or other specal nterest n a.matter beng consdered or about to be consdered by the Commsson shall as soon as posshle after the relevant facts have come to hs knowledge. dsclose hs membershp of that organzaton and the nature of that nterest at a meetng of the Commsson. (3) Ths secton apples to and n relaton to a person deemed to. be a Commssoner under subsecton 11 (3) and a co-opted Commssoner. Meetngs. 20. (1) The Commsson shall hold such meetngs as are necessary for the performance of ts functons.. (2) The Charman may at any tme convene a meetng and shall ensure that at.least4 meetngs are held n each year. (3) Where' the Mns~er reque~ts the Charman to do so the Charman'snall forthwth convene a meetng. (4) At a meetng'a quorum s consttuted by a number' of Commssoners equal to a majorty of the Commssoners for the tme bcng. holdng offce....' (5) The Charman shall presde at all meetngs at whch he. s present.. (6) f the Charman s not present at a meetng the Commssoners preserh shall elect one of ther number to presde at the meetng.. 1 jp 'j.... '. ". ( r! : '. : l!j 1 1.!.~ 1-; '!.

14 «: DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Herllage Commsson Acl :11 (7) Questons arsng at a meetng shall be determned by a majorty of the votes of the Commssoners present and votng but the vote shall be vod and of no effect unless the majorty of delberatve votes are made by Commssoners referred to n subsecton 12 (3). (8) The person presdng at a meetng has a delberatve vote and n the event of an'equalty of votes also has a castng vote. '(9) n relaton to a tme when a' person s actng as Charman references n ths secton to.the Charman shall be read as references to that person. (10) f the Commsson so determnes a CommSsoner may partcpate n and' form part of a quorum at a meetng of the Commsson!>y means of any of the followng methods of communca- ' ton:' '. (a) telephone; (b) closed crcut televson; (c) another method of" communcaton determned by the Commsson. (11) A determnaton of the Commsson under subsecton (H) may be made n respect of a partcular meetng or n respect of all meetngs of the Commsson. (12) A Commssoner who partcpates n a meetng as provded by suhsecton (10) shall be taken for the purposes of ths Part to be present at the meetng. (13) f the Commsson sc determnes a resoluton shall be aken to have been passed at a meetng of the Commsson f" wthout meetng a majorty of the number of Commssoners who would f present at a meetng of the Commsson and enttled to vote on the resoluton at that meetng have consttuted a quorum of thecommsson ndcate agreement wth the resoluton n accordance wth the method determned by the Commsson..- '. :...! ( Co-optedCommssoncrs 21. ( Subject to ths secton the Commssoner may appont a person to he a co-opted Commssoner for such perod -not exceedng 12 months as the Commsson determnes. (2) A person appo nted under subsecton (1) may take part n' the <.elberatons of the Commsson but has no power to vote. (3) For the purposes of the provsons of ths Act other than ths' secton and sectons 14 and 19 a person apponted under subsecton (1) shall not be regarded as a Commssoner.

15 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal 12 Australan Hertage Commsson Act (4) N'ot more than 2 persons shall hold offce as co-opted Commssoners at anyone. tme. PART V-THE REGSTER OF THE NATONAL ESTATE Regster of th.e Natonal Estate 22. (1) The Commsson shall keep a regster to be known as the Regster of the Natonal Estate n whch w.1 be lsted places ncluded n lhe natonal estate.. (2) A place shall not be entered n the Regster otherwse thal n accordance wth secton 23 or subsecton 25 (2).... (3). The Commsson shall enter aplace n the Regster by causng 'to be.entered n the Regster a descrpton of the place suffcent.to dentfy t and the date on whch the entry s ~ad~.. (4) A place shall not be removed from' the Regster otherwse than' n accoruance wth secton U or subsecton 25 (5). (5) Subject to subsecton '(6) the Commsson shall remove a place from the Regster by causng to be entered n the Regster; aganst the descrpton of that place. the statement' that the place has been. removed from the Regster ant the date on whch the statement s entered. (6) TheCommsson s to remove from the Regster a place that s part of a place tha't s n the Regster (n. ths subsecton called the "regstered place" ) by causng to be entere!1 n the Regster aganst the descrpton of the regstered place:. (a) a descrpton of lhe'frst-mentoned place suffcent to. dentfy t; ~nd. (b) a statement that the place so descrbed beng part of the regstered place has been removed from the Regster; and (c) the date on whch the statement s entered. Entry of place n Regster 23..(1) Subject to'. th~ secton and to secton' 25 where the ~ommsson consders that a place that s 'not n the Regster should be. recorded as part of the natonal estate t shall enter the place the Regster... (2) The Commsson shall not enter a place n the Regster n. accordance wth subsecton () unless: (a) t has by publc notce: ~ r ':! \.

16 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act (( () stated that t ntends to enter the place n the Regster;. () gven a descrpton of the place suffcent to dentfy t; () notfed persons of ther rght to make wrtten objec ton to the entry of. tle place n the Regster; (v)' specfed the date by whch such' objectons are to be made not beng earler than 3 months after the date of publcaton of the notce n the Gazelle; (v) stated that although such objectons may be made on any ground the Commsson wll n dealng wth any objecton gve upmost consderaton to the sgnfcance of the place as part of the natonal estate; (v) stated that the Commsson wll supply on request: (A) f the locaton of the place can'not otherwse be readly understood-a 'map of the place; and (8) a statement regardng the'sgnfcance of the place 'as part of the natonal estate; and (v) specfed an address to whch such' objectons or requests may be forwarded; (b) the date specfed n that notce has passed; and (c) f a person has not later th~n the date specfed n that notce made wrtten objecton to the Commsson to the entry of the 'place n the Re~ster the Commsson has gven due consde'raton to that objecton. ' (2A) f: (a) a person has n accordance wth a notce under' paragraph (2) (a)" made wrtten objecton to the entry of a place n the Regster; and (b) the Commsson has not: () f subparagraph () does not apply-wthn a 'perod' of 12 months from the datespec~ed n the notce; or () f before the end of the perod specfed n subparagraph () the Mnster has at the request of the Commsson extended that perod"":'wthn that perod as so extended; 'made a decson whether or not the place s to be entered n the Regster; the Commsson s to be taken to be of the opnon that the place should not be recorded as part of the natonal estate. ' ' "

17 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act (3) Where after the gvng of a' publc notce referred to n paragraph (2) (a) n relaton to a place but before the place has been entered n 'the' Regster; the CQmmsson becomes of the opnon whether by reason of ts consderaton of objectons or otherwse that the place or a place formng part of tte place 'should not. be recorded as part of the natonal estate the Commsson shall: (a) by pu blc notce: () state that t has decded not to enter the place or that part of theplace n the Regster; () notfy nterested persons of ther rght to make wrtten objecton to the decson; () specfy the date 'by whch such objectons are to be made not beng 'earler than 3 weeks after the date of publcaton of the notce n the Gautte; (v) state that the Commsson wll n dealng wth any objecton gve upmost consderaton to' the sgnfcance of the place as part of the natonal estate; (v) state that the Commsson wll supply on reques: (A) f the locaton of the (lace cannot otherwse be readly understood-a map of the place; (B) a statement regardng the sgnfcance of the place' as par~ of the natonal 'estate; and "(C) a statemenl of the reasons for 'the Commsson's decson n relaton to the place; (v) specfy an address to whch such objectons or requests may be forwarded; and (b) f a person has not later than the date specfed n that notce made wrtten objecton to the Commsson' to the decson ' recons'der that de'cson gvng due consderaton to the objecton: '.() f subparagraph () does not apply-wthn a perod of 12 months from the date specfed n the notce; or () f before the' end of the perod specfed n subparagraph () the Mnster has at the request of the Commsson extended that perod-wthn that perod'as so'extended. (41 Where a place s entered n the Regster n accordance wth subseclon (1) or subsecton 25 (2) the Commsson shall by publc notce state: (a) '(b) that the place has been so entered; and that the Commsson wll supply on request sent to 'the address specfed n the notce:..'\ ' ~ "L: T.1 ' '.

18 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act A () f the locaton of the place cannot otherwse be readly understood-a map of the place;'and () a statement regardng the sgnfcance of the place as part of the natonal estate; and '. () a statement of the reasons for the Commsson's de~ cson n relaton to the place.. Notll1caton before publcaton of publc notce 23A. () Where the Commsson ntends to enter a place n' the Regster the Commsson must gve notce of ts ntenton to: (a) all owners of real property stuated at the place; and (b) the local government authorty for the area n whch the place s stuated;. at least.7 days before a publc' notce n respect of that place s publshed under paragraph 23 (2) (a).'.. (2) Where the number of owners to be gven notce does not exceed 50 the notce.s to be gven by' personal letter sent to each. owner. (3) Where the number of owners to be gven notce exceeds 50 the notce may be gven:. (a) n accordance wth subsecton (2);'or (b) n one or more of the followng ways: () by advertsement n local newspapers; () by letters addressed to "The owner" and left at the address of each owner anhe place; () by dsplays n publc buldngs at or near the place. (4) Notce to a local government authorty s to be gven by letter sent to the authorty at ts address.. (5) Falure to gve notce under ths secton does not nvaldate any publc notce under paragraph 23 (2) (a) or the entry of any place n the Regster under secton 23. Appontment of assessors 238..(1). Where a person has made wrtten objecton to the entry of a place n the Rcgster n accordance wth subsecton 23 (2) the Mnster may appont a person or persons (other than a Commssoner or a person who has been connected wth the proposal to enter the place n the Regster) as assessor or assessors n respect -of that. objecton. (2) An assessor asssts and advses the Commsson n ts consderaton of the objecton.. -..'... '.'

19 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal " 16 s.24 Australan Hertage Commsson Act 1975 (3) An assessor s pad such fees and allowances as are determned by lhe Commsson. '.. f \. Removal of place from Regster 24. () The Commsson: (a) ma'y of ts own moton; or (b) must f so drecledby the Mnster; nqure whether a place beng a place o'r part of a place that s n the Regster s to contnue to be recorded as part of the natonal estate. UA) Subject to thssecdon whereafter nqurng nto the matter the Commsson consders'that a phce that s n the Regster. ors part of a place that 's n the Regster should not be recorded as part of the nalonal estate t must remove that place from the Regster. (2) The Commsson shall not remove a place from the R.egster n lccordance wth subsecton (la) unless: " (a) t has by publc notce: () stated that t ntends to remove the place from' the Regster; and () gven n the case of a place formng part of a place n the Regster a descrpton of the place suffcent to dentfy t; and' () notfed persons pf ther rght to object ll wrtng to the removal of the place from the Regster; and (v) specfed the date by whch such objectons are to be made not bengearler than one month after the date of publcaton of the notce n the Gazelle; ard. (v) stated that the Commsson wll n dealng wth' any objecton gve: upmost consdl;lraton to tle sgnf' cance of the place as part of the natonal estate; and (v) suted that the Commsson wll supply on request: (A) f the locaton of the place' cannot otherwse be readly understood-~ map of the place; and (6) a statement regardng the sgnfcance of.the place as part of the natonal estate; and (v) specfed an address to whch such objectons or requests may be forwarded; (b) the date specfed n that notce has passed; and '(c) f a person has not later than the date specfed n that notce. made wrtten objecton to the Commsson"to the removl1 of the place from the Regster the Commsson has gven due consderaton to the objecton: f! )1 1 ' ' '\ ; 1 ' '! ". ~ '

20 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal.. \ \ \ Australan Hertage Commsson Act A.() f subparagraph () does not apply-wthn a perod. of 12 months from the date specfed n tlte notce; or () f before tte end of the perod specfed n subparagraph () the Mnster has at the request of the Tommsson.extended that perod-:wthn that perod as so extended. \ (3) Where a place s removed from the Regster n accordance. wth subsecton (A) or suhsecton 25 (5) the Commsson shall by publc notce state that the place has been so removed. Upmost consderaton to be gven to sgnfcance or a place as part or the natonal estate when dealng wlth"objectlon. 24A. When dealng wth an objecton to any of ts decsons under secton.23 or 24 the Commsson must gve upmost consderaton to. the sgnfcance as part pf the natonal estate of the place to whch the decson relates.. Supply or materals by the Commsson 248. (1) n ths secton: '.'relevant materal" n relaton to a place means any. of the fpllowng: (a) a map of the place; (b) a statement regardng the sgnfcance of the place as part of the natonal estate; (c) a statement of reasons for a decson of the Commsson n relaton to the place.. (2) Where the Commsson has under a provson of ths Act receved a request for the supply of relevant materal n relaton to a place the Commsson must as soon as practcable: (a) f paragraph (b) does not apply-supply such materal to the person who made the request; or. (b) f the materal requested s a map of the place-supply th~ map to that person f the locaton of the place cannot otherwse be readly understood.. Dscreton of the Commsson not to dsclose precse locaton or a place " 24C. Where n the opnon of the Commsson a place would be sgnfcantly damaged by the presence or actons of vstors f ts precse locaton were dsclosed n a publc notce under subsecton 23 (2) or 24 (2) or n a map that the Commsson supples under subsecton 248 (2) t s suffcent complance wth the Act f. the Commsson:. J

21 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal \8. 1S (a) (h) Australan Hertage Commsson Act 1975 / gles n the notce publshed under s.ubsecton 23 (2) or 24 (2) a descrpton of the place that ndcates the general area n whch. the. place s stuated wthout dsclosng the precse locaton of the place; or supples under subsecton 24B (2) a map that ndcates fhe. general area n whch the place s stuated wthout dsclosng the precse locaton of the place. Drectons by the Mnster 25. (1) n ths secton "envronment report". n relaton to a place means a report of a Commssoner who has or Commssoners who have (~hether by reason of a request under secton. 44 or. otherwse) conducted an nqury under secton 11 of the Envronment Protecton Act that ncludes a fndng or recommendato.n that the place be recorded as part of the. natonal estate or a fndng or recommendaton that the place should not. be or contnue to be recorded as part.of the natonal estate.. (2) Where after consderng an envronment report n relaton to a place that s not n the Regster the Mnster s satsfed that the place should be recorded as part of the natonal estate the Mnster.may drect the Commsson to enter that place n the Regster and the. Commsson shall comply wth that drecton and shall not rel\ove that place from the Regster wthout the consent of the Mnster. (31 Where after consderng an envronment report n relaton to a.place that s not n the Regster the Mnster s satsfed that the place should not. be recorded as part of the natonal estate the Mnster may drect the Commsson not to enter that place n the Regster wthout the consent of the Mnster and the Commsson shall comply wth that drecton.. (4) Where after consderng an envronment report n relaton to a plac e that s n the Regster the Mnster s satsfed that the place should he recorded as part of the natonal estate the Mnster may drect the Commsson not to remove that place from the Regster. wthout the consent of the Mnster and the Commsson shall comply wth that drecton.. (5) Where after consderng an envronment report n relaton to a place lhat s n the Regster the Mnster s satsfed that the place should no contnue to be recorded as part of.the natonal estate the Mnster may drect the Commsson to remove that pl;lce from the Regster and the Commsson 'shall comply wth that drecton and shall not re-enter that place n the Regster wthout the permsson of the Mnster... "':1 Jl f.!. ' '!.!.... t 1. ~

22 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act ;' ;. s. %6 " (6) Where the Mnster s satsfed that an nqury has been conducted s beng conducted or s lkely to be conducted that 'wll result n an envronment report n relaton to'a place n the Regster the' Mnster may drect the Commsson not to remove that place from the Regster wthout the consent of the Mnster.. ' \(7) Where the Mnster s satsfed that an nqury has been conducted s beng conducted or s lke.ly to be conducted that wll result" n an envronment report n relaton to a place that s not n the Regster but n respect of whch a notce has been gven n accordance wth paragraph 23 (2) (a) the Mnster may drect the Commsson not to remove that place from the lst kept n pursuance of secton 26 wthout the consent of the Mnster. nterm Lst 26. () The Commsson must keep a lst of places to be known as tle: nterm Lst for the Regster of the Natonal Estate; " (2) Where a notce s ssued n accordance wth paragraph 23 (2) (a) n respect of a place the Commsson shall enter on the lst a llcscrpton of the place suffcmt to dentfy t. ' (2A) An entry s not to be made on the lst except n accordance wth subsecton (2). (3) The Commsson shall strke out the descrpton of a place' on the lst when: (a) the place s entered n the Regster; (0) subject to subsecton 25 (7) whe'n after complance' wth subsecton 23 (3) the Com!Tsson has decded not to enter the place n the Regster; or (c) the Mnster'gves a drecton n relaton to that place under 'subsecton 25 (3). nspecton of the Regster 27. A person may nspect the Regster or the lst kept n pursuance of 'secton 26 and may make a copy of; or take an extract from an cnlry n the Regster or that lst. '..j 1j

23 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal 20 s.28 Australan Hertage Commsson Act PART V-PROTECTON OF THE NATONAL ESTATE Advce hy Commsson 28. () The Commsson may furnsh to the Mnster admnsterng the Envronment Protecton Act such advce n respect of a maner relatng to the natonal estate am to' the operaton ofthat Act as the Commsson thnks ft.. ' " (2) The Mnster admnsterng the Envronment Protecton' Act may request the COmmsson to gve advce to hm n respect of a matter relatng to the natonal estate and to the operaton of that Act and the Commsson shall comply wth such a request. Reports hy Commsson 29. Where: (a) a matter to whch the Envronment Protecton Act s relevant affects a place that s'n the Regster; and (h) the procedures under.'that Act relatng to that matter do not requre the furnshng of an envronmental mpact statement or other report by the Commsson; the Commsson may f t thnks ft furnsh a report n relaton to that maller 10 the Mnster ajnnsterllg that Act and such a report shall be JeemeJ to be a recommenjaton referred to n paragraph 8 (b) of that Act.' r l\ ' ~..~ ~ \1 'j ~ Ll" '"' " "! ' DUles of Mnsters and authortes 30. (1) Each Mnster shall gve all such drectons and do all such thngs as consstenty wth any relevant laws can be gven or done by hm for ensurng that the Department admnstered by hm or any authorty of the Commonwealth n respect of whch he has mnsteral ' responsbltes does not take any acton that adversely affects as part of the natonal estate. a place that s n the Regster unless he s 'satsted that there s' no feasble and prudent alternatve to the takng of that acton and that all measures that can reasonably be taken to mnmse the adverse effect wll be taken and shall not hmself take any such acton unless he s So satsfed. :' (2) Wthout prejjce to the applcaton of subsctton () n relaton to acton to be taken by an authorty of the Commonwealth ' an authorty of the Commonwealth shall not take any acton that adversely affects as part of the natonal estate a place that s n the Regster unless the authorty s satsfed that there s no feasble and prudent alternatve consstent wth' any relevant laws to the takng of that acton and that all measures that can reasonably be taken to mnmse the adverse effect w'll be taken..... ;l 1.~:! : r j

24 DSCLAMER: As Member States provde natonal legslatons hyperlnks and explanatory notes (f any) UNESCO does not guarantee ther accuracy nor ther up-datng on ths web ste and s not lable for any ncorrect nformaton. COPYRGHT: All rghts reserved.ths nformaton may be used only for research educatonal legal and noncommercal Australan Hertage Commsson Act s.31 (3) Before a Mnster a Department or an authorty of the ~'ommonwealth takes any acton that mght affect to a sgnfcant extent as part of the natonal estate a place that s n the Regster; the Mnster Department or.authorty as the case may be shall nform the. Commsson of the proposed acton and gve the Commsson a reasonable opportunty to consder and comment on t. (3A) Where the Commsson s nformed of a proposed acton by a. Mnster Department or authorty the Commsson 'shall; as soon as practcable provde ts comments on the proposed acton to the Mnster Department or authorty (as.the case may be). (4} For the purposes of ths secton. the makng of a decson or recommendaton (ncludng a recommendaton n relaton 10 drect. fnancal assstance granted or proposed to be granted to a State) the approval of a.program the ssue. of a lcence or the grantng of a perm.sson sh all be deemed to be the takng of acton andn the case of a recommendaton. f the adopton of the recommendaton would adversely affect a place the makng of the recommendaton shall be.deemed to affect the place adversely. Phces deemed o be n Regster 31. For the purposes of ths Part. a place on the lst kept n pursuance ofsecon 26 shall be deemed to be n the Regster. PART VA-NATONAL ESTATE GRANTS PROGRAM Applcaton for grant. 31A. A State an nternal Terrtory or an approved body may apply to the Mnster for grants of fnancal assstance under the grants program n respect of Natonal Estate projects. Commsson to gve advce on selecton etc. of projects 31B. The Commsson may on beng requested by a State an nternal Terrtory.or an approved body gve advce to t on the preparaton of a Natonal Estate project n respect of whch an applcaton s to be made under secton 31A. G. ant of fnancal assstance 31C. (1) The Mnster may approve the grldt durng a fnancal year of fnancal assstance under the grants program n such amqunt and subject to such condtons as the Mnster determnes:..