Heritage (World Heritage) Act 2004

Victorian Legislation and Parliamentary Documents i Heritage (World Heritage) Act 2004 Act No. 105/2004 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Functions of the Heritage Council 2 5. Functions of the Executive Director 3 6. Heritage Register 3 7. Categories of registration 3 8. New Part 3A inserted 3 PART 3A—WORLD HERITAGE 3 Division 1—World Heritage Environs Areas 3 62A. Declaration of World Heritage Environs Area 3 Division 2—World Heritage Strategy Plans 4 62B. Preparation of World Heritage Strategy Plan 4 62C. Notice of draft World Heritage Strategy Plan 4 62D. Submissions on draft World Heritage Strategy Plan 5 62E. Procedure of Heritage Council where no submissions 6 62F. Heritage Council to consider submissions 6 62G. Decision of Heritage Council 6 62H. Approval of World Heritage Strategy Plan 7 62I. Amendments to Approved World Heritage Strategy Plans 7 62J. Approved World Heritage Strategy Plans to be made available to the public 7 62K. Notice of Approved World Heritage Strategy Plan 8 62L. Amendment of planning schemes 8 Division 3—World Heritage Management Plans 9 62M. Steering Committees for listed places 9 62N. Functions of Steering Committee 10 62O. Preparation of World Heritage Management Plan 10 62P. Notice of draft World Heritage Management Plan 11 62Q. Submissions on draft World Heritage Management Plan 12 62R. Steering Committee to consider submissions 13 62S. Decision of Steering Committee 13 -- 1 of 20 -- Victorian Legislation and Parliamentary Documents Section Page ii 62T. Approval of World Heritage Management Plan 13 62U. Amendments to Approved World Heritage Management Plans 14 62V. Approved World Heritage Management Plans to be made available to the public 14 62W. Review of Approved World Heritage Management Plan 14 62X. Offence to fail to comply with Approved World Heritage Management Plan 15 62Y. Annual report on condition of property 16 9. Matters to be considered in determining applications 16 10. Minister's power to call in or refer matter to Tribunal 16 11. Heritage Fund 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- Victorian Legislation and Parliamentary Documents 1 Heritage (World Heritage) Act 2004† [Assented to 21 December 2004] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Heritage Act 1995 to provide for the protection of places in Victoria that are included in the World Heritage List. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 1 January 2006, it comes into operation on that day. Victoria No. 105 of 2004 -- 3 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 2 3. Definitions In section 3 of the Heritage Act 1995 insert the following definitions— ' "Approved World Heritage Management Plan" means a World Heritage Management Plan approved under Part 3A and includes any approved amendments to that plan; "Approved World Heritage Strategy Plan" means a World Heritage Strategy Plan approved under Part 3A and includes any approved amendments to that plan; "listed place" means a place in Victoria which is included in the World Heritage List and is recorded in the Heritage Register; "World Heritage List" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; "World Heritage Environs Area" means an area declared to be a World Heritage Environs Area under Part 3A; "world heritage values" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.'. 4. Functions of the Heritage Council After section 8(1)(b) of the Heritage Act 1995 insert— "(ba) to adopt, and forward to the Minister, World Heritage Strategy Plans and amendments to World Heritage Strategy Plans;". s. 3 See: Act No. 93/1995. Reprint No. 3 as at 1 April 2001 and amending Act Nos 11/2001, 11/2002, 74/2003 and 19/2004. LawToday: www.dms. dpc.vic. gov.au -- 4 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 3 5. Functions of the Executive Director After section 15(b) of the Heritage Act 1995 insert— "(ba) to prepare World Heritage Strategy Plans;". 6. Heritage Register After section 19(a) of the Heritage Act 1995 insert— "(ab) any place in Victoria which is included in the World Heritage List; and". 7. Categories of registration After section 20(1)(b) of the Heritage Act 1995 insert— "(ba) places included in the World Heritage List;". 8. New Part 3A inserted After Part 3 of the Heritage Act 1995 insert— "PART 3A—WORLD HERITAGE Division 1—World Heritage Environs Areas 62A. Declaration of World Heritage Environs Area (1) The Minister must, as soon as practicable after a place is recorded in the Heritage Register in accordance with section 19(ab), consider whether an area in the vicinity of that place should be declared to be a World Heritage Environs Area in order to protect the world heritage values of that place. (2) If the Minister considers that an area should be declared to be a World Heritage Environs Area, the Minister may recommend to the Governor in Council that the area be so declared. s. 5 -- 5 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 4 (3) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, declare the area to be a World Heritage Environs Area. Division 2—World Heritage Strategy Plans 62B. Preparation of World Heritage Strategy Plan (1) The Executive Director must prepare a draft World Heritage Strategy Plan for a World Heritage Environs Area as soon as practicable after the World Heritage Environs Area is declared. (2) A World Heritage Strategy Plan must— (a) set out the world heritage values of the listed place to which the World Heritage Environs Area relates; and (b) set out strategies for the appropriate use and development of that area in order to ensure that the world heritage values of the listed place are protected and managed. (3) On completion of a draft World Heritage Strategy Plan, the Executive Director must forward the draft plan to the Heritage Council for consideration. 62C. Notice of draft World Heritage Strategy Plan (1) On completion of a draft World Heritage Strategy Plan, the Executive Director must cause a notice of the preparation of the draft plan to be published— s. 8 -- 6 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 5 (a) in a newspaper circulating generally in the World Heritage Environs Area to which the draft plan relates; and (b) in a daily newspaper circulating generally throughout Victoria. (2) A notice under sub-section (1) must state— (a) the address at which the draft plan is available for inspection; and (b) the date (being not less than 60 days after the date of the notice) that is the submission date for the draft plan; and (c) that any person may make a submission in writing to the Heritage Council on the draft plan on or before that submission date. (3) The Executive Director must make a draft World Heritage Strategy Plan available at the offices of the Heritage Council during office hours for any person to inspect free of charge until the submission date for the draft plan. 62D. Submissions on draft World Heritage Strategy Plan (1) Any person may make a written submission to the Heritage Council on a draft World Heritage Strategy Plan on or before the submission date for the draft plan. (2) A person making a submission under this section may in that submission request an opportunity to be heard by the Heritage Council in relation to the submission. s. 8 -- 7 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 6 62E. Procedure of Heritage Council where no submissions If no submissions are received under section 62D(1) in respect of a draft World Heritage Strategy Plan, the Heritage Council must consider the draft plan as soon as practicable after the submission date for the draft plan. 62F. Heritage Council to consider submissions The Heritage Council must examine each submission in relation to a draft World Heritage Strategy Plan that is received on or before the submission date for the draft plan and may— (a) ask the person making the submission for more information in relation to the submission; or (b) conduct a hearing in relation to the draft plan; or (c) consider the draft plan and submissions without a hearing. 62G. Decision of Heritage Council (1) After considering the draft World Heritage Strategy Plan and any submissions and any other matters it considers relevant and conducting any hearing in relation to the draft plan, the Heritage Council may— (a) adopt the draft plan; or (b) adopt the draft plan with amendments. (2) As soon as practicable after it adopts the draft plan, the Heritage Council must forward it to the Minister for approval. s. 8 -- 8 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 7 62H. Approval of World Heritage Strategy Plan (1) The Minister may, by notice published in the Government Gazette— (a) approve a World Heritage Strategy Plan adopted by the Heritage Council; or (b) approve that plan as amended by the Minister. (2) An Approved World Heritage Strategy Plan comes into operation— (a) when the notice under sub-section (1) is published in the Government Gazette; or (b) on any later day specified in the notice. 62I. Amendments to Approved World Heritage Strategy Plans (1) The Executive Director may prepare an amendment to an Approved World Heritage Strategy Plan. (2) Sections 62B, 62C, 62D, 62E, 62F, 62G and 62H apply to an amendment to an Approved World Heritage Strategy Plan as if the amendment were a draft World Heritage Strategy Plan. 62J. Approved World Heritage Strategy Plans to be made available to the public A copy of each Approved World Heritage Strategy Plan must be kept at the offices of the Heritage Council and the Department of Sustainability and Environment for inspection by members of the public during office hours free of charge. s. 8 -- 9 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 8 62K. Notice of Approved World Heritage Strategy Plan The Minister must cause notice of the approval of a World Heritage Strategy Plan to be given to— (a) the Minister administering the Planning and Environment Act 1987; and (b) each municipal council in the municipal district of which the World Heritage Environs Area is situated. 62L. Amendment of planning schemes (1) The Minister administering the Planning and Environment Act 1987 must prepare and approve an amendment to any planning scheme applying to an area that has been declared to be a World Heritage Environs Area— (a) to identify that area as a World Heritage Environs Area; and (b) to give effect to the Approved World Heritage Strategy Plan for that area. (2) An amendment under sub-section (1) must be prepared as soon as practicable after the approval of the World Heritage Strategy Plan for the World Heritage Environs Area. (3) An amendment under sub-section (1) may also make any consequential amendments to the planning scheme that are necessary to remove or modify any provisions which are inconsistent with the Approved World Heritage Strategy Plan. s. 8 -- 10 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 9 (4) The Planning and Environment Act 1987 (except sections 12(1)(a) and (e), 12(2), 12(3), Divisions 1 and 2 of Part 3 and sections 39(1), 39(2), 39(3), 39(4), 39(5) and 39(6) and any regulations made for the purpose of those provisions) applies to the preparation and approval of amendments under sub-section (1). (5) The Minister administering the Planning and Environment Act 1987 must not approve an amendment to a planning scheme applying to an area that has been declared to be a World Heritage Environs Area if the amendment is inconsistent with the Approved World Heritage Strategy Plan for that area. Division 3—World Heritage Management Plans 62M. Steering Committees for listed places (1) The Minister must appoint a Steering Committee for each listed place. (2) The Steering Committee for a listed place is to consist of— (a) the Executive Director who is to be the Chairperson; and (b) if the listed place is Crown land or land vested in a Minister or public authority, any persons who are responsible for the management of the listed place and who are appointed by the Minister; and (c) in the case of any listed place on other land, any person who is the owner or occupier or is concerned in the management of the listed place and who is appointed by the Minister; and s. 8 -- 11 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 10 (d) any other persons that the Minister considers appropriate. (3) A quorum of a Steering Committee is constituted by a majority of its members for the time being. (4) Subject to this Part, a Steering Committee may regulate its own proceedings. 62N. Functions of Steering Committee The functions of the Steering Committee for a listed place are— (a) to prepare a World Heritage Management Plan for the listed place; and (b) to assist in the implementation of the Approved World Heritage Management Plan for the listed place; and (c) to report as required by the Minister on the carrying out of its activities. 62O. Preparation of World Heritage Management Plan (1) The Steering Committee for a listed place must prepare a draft World Heritage Management Plan for that place. (2) A World Heritage Management Plan must— (a) state the world heritage values of the listed place; and (b) set out policies designed to ensure that the world heritage values of the listed place are identified, conserved, protected, presented, transmitted to future generations and, if appropriate, rehabilitated; and s. 8 -- 12 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 11 (c) set out mechanisms designed to deal with the impacts of actions that individually or cumulatively degrade, or threaten to degrade, the world heritage values of the listed place; and (d) provide for management actions for values (other than world heritage values) that are consistent with the management of the world heritage values of the listed place; and (e) state that the processes for public consultation set out in Division 3 of Part 3A of the Heritage Act 1995 apply to the World Heritage Management Plan; and (f) not be inconsistent with Australia's obligations under the World Heritage Convention within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and (g) not be inconsistent with the Australian World Heritage management principles within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth. 62P. Notice of draft World Heritage Management Plan (1) On completion of a draft World Heritage Management Plan for a listed place, the Executive Director must cause a notice of the draft plan to be published— (a) in a newspaper circulating generally in the area in which the listed place is located; and s. 8 -- 13 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 12 (b) in a daily newspaper circulating generally throughout Victoria. (2) A notice under sub-section (1) must state— (a) the Steering Committee's intention to submit the draft World Heritage Management Plan to the Minister for approval; and (b) the address at which the draft plan is available for inspection; and (c) the date (being not less than 60 days after the date of the notice) that is to be the submission date for the draft plan; and (d) that any person may make a submission in writing to the Steering Committee on the draft plan on or before that submission date. (3) The Executive Director must make a draft World Heritage Management Plan available at the offices of the Heritage Council during office hours for any person to inspect free of charge until the submission date for the draft plan. 62Q. Submissions on draft World Heritage Management Plan (1) Any person may make a submission in writing to the Steering Committee on a draft World Heritage Management Plan on or before the submission date for the draft plan. (2) A person making a submission under this section may in that submission request an opportunity to be heard by the Steering Committee in relation to the submission. s. 8 -- 14 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 13 62R. Steering Committee to consider submissions The Steering Committee must examine each submission in relation to a draft World Heritage Management Plan that is received on or before the submission date for the draft plan and may— (a) ask the person making the submission for more information in relation to the submission; or (b) conduct a hearing in relation to the draft plan; or (c) consider the draft plan and submissions without a hearing. 62S. Decision of Steering Committee (1) After considering the draft World Heritage Management Plan and any submissions and any other matters it considers relevant and conducting any hearing in relation to the draft plan, the Steering Committee may— (a) adopt the draft plan; or (b) adopt the draft plan with amendments. (2) As soon as practicable after it adopts the draft plan, the Steering Committee must forward it to the Minister for approval. 62T. Approval of World Heritage Management Plan (1) The Minister may, by notice published in the Government Gazette— (a) approve a World Heritage Management Plan adopted by the relevant Steering Committee; or s. 8 -- 15 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 14 (b) approve that plan as amended by the Minister. (2) An Approved World Heritage Management Plan comes into operation— (a) when the notice under sub-section (1) is published in the Government Gazette; or (b) on any later day specified in the notice. 62U. Amendments to Approved World Heritage Management Plans (1) The Steering Committee for a listed place may prepare an amendment to an Approved World Heritage Management Plan for that listed place. (2) Sections 62O, 62P, 62Q, 62R, 62S and 62T apply to an amendment to an Approved World Heritage Management Plan as if it were a draft World Heritage Management Plan. 62V. Approved World Heritage Management Plans to be made available to the public A copy of each Approved World Heritage Management Plan must be kept at the offices of the Heritage Council and the Department of Sustainability and Environment for inspection by members of the public during office hours free of charge. 62W. Review of Approved World Heritage Management Plan The Steering Committee for a listed place must undertake a review of the Approved World Heritage Management Plan for the listed place every 7 years from the date on which the plan was first approved under this Part. s. 8 -- 16 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 15 62X. Offence to fail to comply with Approved World Heritage Management Plan (1) A person who is the owner or occupier of a listed place or part of a listed place must comply with the Approved World Heritage Management Plan relating to that listed place in carrying out any works or activities in relation to the listed place. Penalty: In the case of a natural person: 2400 penalty units; In the case of a body corporate: 10 000 penalty units. (2) Sub-section (1) does not apply to works or activities— (a) carried out in accordance with a permit issued under Part 4; or (b) for which the Heritage Council has determined that a permit is not required pursuant to Part 4. (3) If— (a) an act or omission constitutes an offence under this section and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and (b) the offender has been punished for that offence under that Act— the offender is not liable to be punished for the offence under this section. s. 8 -- 17 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 16 62Y. Annual report on condition of property (1) The Minister may direct the Executive Director to prepare annual reports on the condition of a listed place. (2) The Executive Director must comply with any direction made under sub-section (1).". 9. Matters to be considered in determining applications After section 73(1)(a) of the Heritage Act 1995 insert— "(ab) if the application relates to a listed place or to a registered place or registered object in a World Heritage Environs Area, the extent to which the application, if approved, would affect— (i) the world heritage values of the listed place; or (ii) any relevant Approved World Heritage Strategy Plan; and". 10. Minister's power to call in or refer matter to Tribunal After section 78(4) of the Heritage Act 1995 insert— "(5) In determining an appeal or matter referred to the Minister under this section that relates to a listed place or to a registered place or registered object in a World Heritage Environs Area relating to a listed place, the Minister must consider the effect of the determination on the world heritage values of the listed place.". s. 9 -- 18 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 17 11. Heritage Fund After section 137(a) of the Heritage Act 1995 insert— "(ab) to provide assistance generally for the conservation and management of any listed place;". ═══════════════ s. 11 -- 19 of 20 -- Victorian Legislation and Parliamentary Documents Act No. 105/2004 Heritage (World Heritage) Act 2004 18 ENDNOTES † Minister's second reading speech— Legislative Assembly: 18 November 2004 Legislative Council: 8 December 2004 The long title for the Bill for this Act was "to amend the Heritage Act 1995 to provide for the protection of places in Victoria that are included in the World Heritage List and for other purposes." Endnotes -- 20 of 20 --