Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"Aboriginal person" has the same meaning as in the Aboriginal Heritage Act 2006 ;
"Aboriginal tradition" has the same meaning as in the Aboriginal Heritage Act 2006 ;
"alter", in relation to a place or object, means to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration;
"approved site of archaeological value" means a site of archaeological value approved by the Heritage Council under section 133 ;
Approved World Heritage Management Plan means a World Heritage Management Plan approved under Part 9 and includes any approved amendments to that plan;
Approved World Heritage Strategy Plan means a World Heritage Strategy Plan approved under Part 9 and includes any approved amendments to that plan;
"archaeological artefact" means an object (other than a shipwreck artefact) which provides information of past activity in the State and—
(a) is associated with an archaeological site; or
(b) is associated with a registered archaeological place; or
(c) is associated with an approved site of archaeological value; or
(d) is associated with a place that was an archaeological site, registered archaeological place or approved site of archaeological value;
"archaeological site" means a place (other than a shipwreck) which—
(a) contains an artefact, deposit or feature which is 75 or more years old; and
(b) provides information of past activity in the State; and
(c) requires archaeological methods to reveal information about the settlement, development or use of the place; and
(d) is not associated only with Aboriginal occupation of the place;
"building" includes a structure, work and fixture, and any part of a building, structure, work or fixture;
"committee" means a committee established under section 13 ;
(a) the retention of the cultural heritage significance of a place or object; and
(b) any maintenance, protection, preservation, restoration, reconstruction or sustainable use of a place or object;
"corporate plan" means a corporate plan prepared by the Heritage Council and approved by the Minister under clause 9 of Schedule 1;
"cultural heritage" means places and objects of—
(a) cultural heritage significance; or
(b) State-level cultural heritage significance;
cultural heritage management plan has the same meaning as in the Aboriginal Heritage Act 2006 ;
"cultural heritage permit" has the same meaning as in the Aboriginal Heritage Act 2006 ;
cultural heritage significance means aesthetic, archaeological, architectural, cultural, historical, scientific or social significance;
"Department" means the Department of Environment, Land, Water and Planning;
"develop", in relation to a place, means—
(a) to construct or alter the place or a building on the place; or
(b) to demolish or remove a building or structure on the place; or
(c) to carry out any works on, over or under the place; or
(d) to subdivide or consolidate land comprising the place, including any building or airspace; or
(e) to place or relocate a building or structure on the place; or
(f) to construct or put up for display signs or hoardings;
"dispose", in relation to a place or object, includes—
(a) any assumption of any of the rights of an owner in relation to the place or object; and
(b) any dealing in the place or object whether for reward or not; and
(c) selling, offering to sell, bartering or exchanging and agreeing to sell, barter or exchange the place or object;
"Executive Director" means the Executive Director employed under section 18;
"executive officer" means an executive officer of the Heritage Council employed under section 22;
"government asset manager" means a Minister or any entity responsible for the care, management or control of—
(a) a building on government land; or
(b) government land; or
(c) a government object;
"government land" means land, other than Crown land which is permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978 and vested in trustees or is under the control of a committee of management under that Act, which is—
(a) Crown land; or
(b) land vested in a Minister; or
(c) land vested in a public authority;
"government object" means an object owned by or vested in—
(a) the Crown; or
(b) a Minister; or
(c) a public authority;
"harm", in relation to a place or object, includes moving or removing any part of the place or object;
"heritage certificate" means a certificate given under section 58 ;
"Heritage Council" means the Heritage Council established under Division 1 of Part 2;
"Heritage Fund" means the Heritage Fund established under Part 11;
"Heritage Inventory" means the Heritage Inventory established under Division 1 of Part 6;
"Heritage Register" means the Victorian Heritage Register established under Division 1 of Part 3;
historic shipwreck has the meaning given by section 4 ;
historic shipwreck artefact has the meaning given by section 5 ;
"inspector" means—
(a) an inspector appointed under Part 10; or
(b) a police officer;
"interim protection order" means an order issued under Division 1 of Part 8;
listed place means a place in the State which is included in the World Heritage List and is recorded in the Heritage Register;
"municipal council" means a Council within the meaning of the Local Government Act 1989 ;
"National Trust" means the National Trust of Australia (Victoria);
"notice of intended action"—see section 230;
"object" includes—
(a) any fixed or non-fixed object; and
(b) a collection of objects; and
(c) a shipwreck artefact; and
(d) an archaeological artefact;
"owner" means—
(a) in relation to land which has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 , other than land in an identified folio under that Act—the person who is registered or entitled to be registered as proprietor of an estate in fee simple in the land; or
(b) in relation to land which has been alienated in fee by the Crown and is under the Transfer of Land Act 1958 , being land in an identified folio under that Act— the person who is the owner of the fee or equity of redemption; or
(c) in relation to land which has been alienated in fee by the Crown but is land not under the operation of the Transfer of Land Act 1958 — the person who is the owner of the fee or equity of redemption; or
(d) in relation to Crown land reserved under the Crown Land (Reserves) Act 1978 and managed or controlled by a committee of management—the Minister administering that Act; or
(e) in relation to any other Crown land—the Minister or public authority that manages or controls the land; or
(f) in relation to land affected by an owners corporation—
(i) any owner of affected lots; and
(ii) the owners corporation in relation to any common property for which the owners corporation is responsible;
"place" includes—
(a) an archaeological site; and
(b) an area of land covered with water; and
(c) a building; and
(d) a garden; and
(e) a landscape; and
(f) a precinct; and
(g) a shipwreck; and
(h) a site; and
(i) a tree; and
(j) land associated with any thing specified in paragraphs (a) to (i);
"place of worship" means a place used for religious activities, including a chapel, church, mosque, synagogue or temple;
"planning scheme" means a planning scheme approved under the Planning and Environment Act 1987 ;
"possess", in relation to an item, includes—
(a) having the custody or control of the item by any means; and
(b) controlling access to the item, either alone or in the company or with the assistance of others;
"protected zone" means a place included in the Heritage Register as a protected zone;
"public authority" means any body corporate or unincorporate established by or under an Act for a public purpose, but does not include a municipal council;
"rectification order" means an order issued under Division 3 of Part 8;
registered archaeological artefact means an object included in the Heritage Register as a registered archaeological artefact;
registered archaeological place means a place included in the Heritage Register as a registered archaeological place;
"registered object" means an object included in the Heritage Register;
"registered place" means a place included in the Heritage Register;
"registered shipwreck" means—
(a) a shipwreck included in the Heritage Register under section 49; or
Note
place is defined to include a shipwreck—see paragraph (g) of that definition.
(b) a historic shipwreck that has been included in the Heritage Register; or
(c) a place appearing to be a shipwreck provisionally registered under section 68;
"registered shipwreck artefact" means—
(a) a shipwreck artefact included in the Heritage Register under section 49 ; or
Note
"object" is defined to include a shipwreck artefact—see paragraph (c) of that definition.
(b) a historic shipwreck artefact that has been included in the Heritage Register; or
(c) an object appearing to be a shipwreck artefact provisionally registered under section 68;
"relevant survey purpose" means the purpose of—
(a) finding an archaeological site; or
(b) preparing a cultural heritage management plan; or
(c) acting in accordance with a cultural heritage permit;
"repair order" means an order made under Division 2 of Part 8;
"residence" means a building or part of a building ordinarily used as a residence;
responsible authority has the meaning given by section 13 of the Planning and Environment Act 1987 ;
"sea " includes any waters within the ebb and flow of the tide;
sea-bed means any land temporarily or permanently covered by Victorian waters;
ship includes any vessel used in navigation by water;
"shipwreck" means—
(a) the remains or any part of the remains of a ship; and
(b) any marine concretions and accretions that have become attached to the remains or any part of the remains of the ship;
"shipwreck artefact" means—
(a) an artefact associated with a shipwreck, including an artefact appearing to have formed part of a ship or appearing to have been installed or carried on a ship; and
(b) any marine concretions and accretions that have become attached to the artefact;
"site card", in relation to an investigation or survey of land, means a summary of information prepared in the prescribed form by the person undertaking the investigation or survey;
State-level cultural heritage significance means cultural heritage significance which is important to the history and development of the State;
"statement of recommendation"—see section 40;
"stop order" means an order issued under Division 4 of Part 8;
"underwater cultural heritage regulations "means regulations made under section 256;
"vehicle" has the same meaning as in the Road Safety Act 1986 ;
Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
Victorian waters means Victorian coastal waters and waters within the limits of the State;
"works" includes—
(a) any physical intervention, excavation or action that may result in a permanent or temporary change to the appearance or physical nature of a place or object; and
(b) any change to the natural or existing condition or topography of land; and
(c) any removal or destruction of trees; and
(d) any removal of vegetation or topsoil;
World Heritage Environs Area means an area declared to be a World Heritage Environs Area under Part 9;
"World Heritage List" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;
"world heritage values" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.
(2) A reference in this Act to a shipwreck or to a shipwreck artefact being situated in any waters includes a reference to a shipwreck or shipwreck artefact—
(a) being situated in or forming part of the sea-bed or the sub-soil of the sea-bed beneath those waters; or
(b) being situated in or forming part of a reef in those waters.
(3) A reference in this Act to a shipwreck or to a shipwreck artefact being no longer situated in any waters includes a reference to a shipwreck or shipwreck artefact being situated on or forming part of land or the sub-soil of land.
(4) An item must not be taken not to be a shipwreck or shipwreck artefact for the purposes of this Act by reason only that it is attached to a shipwreck, a reef, the sea-bed, land or the sub-soil of the sea-bed or land.