Queensland: Queensland Heritage Act 1992 (Qld)

Queensland Heritage Act 1992 An Act to provide for the conservation of Queensland's cultural heritage Part 1 Preliminary 1 Short title This Act may be cited as the Queensland Heritage Act 1992. 2 Object of this Act (1) The object of this Act is to provide for the conservation of Queensland's cultural heritage for the benefit of the community and future generations. (2) The object is to be primarily achieved by— (a) establishing the Queensland Heritage Council; and (b) keeping a register of places and areas of State cultural heritage significance called the Queensland heritage register; and (c) requiring the reporting of the discovery of archaeological artefacts and underwater cultural heritage artefacts; and (d) providing for the identification and management of places of local cultural heritage significance by local governments; and (e) regulating, in conjunction with other legislation, development affecting the cultural heritage significance of Queensland heritage places; and (f) providing for heritage agreements to encourage appropriate management of Queensland heritage places; and (g) providing for appropriate enforcement powers to help protect Queensland's cultural heritage. (3) In exercising powers conferred by this Act, the Minister, the chief executive, the council and other persons and entities concerned in its administration must seek to achieve— (a) the retention of the cultural heritage significance of the places and artefacts to which it applies; and (b) the greatest sustainable benefit to the community from those places and artefacts consistent with the conservation of their cultural heritage significance. 3 Non-application to Aboriginal or Torres Strait Islander places etc. This Act does not apply to— (a) a place that is of cultural heritage significance solely through its association with Aboriginal tradition or Island custom; or (b) a place situated on Aboriginal or Torres Strait Islander land unless the place is of cultural heritage significance because of its association with Aboriginal tradition or Island custom and with European or other culture, in which case this Act applies to the place if the trustees of the land consent. 4 Definitions The dictionary in the schedule defines particular words used in this Act. 5 Act binds all persons (1) This Act binds all persons including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Part 2 Queensland Heritage Council Division 1 Establishment and functions 6 Establishment of council (1) The Queensland Heritage Council, formerly established under this Act, is continued in existence under the name Queensland Heritage Council. (2) The council— (a) is a body corporate; and (b) may sue and be sued in its corporate name. 7 Council's relationship with the State The council does not represent the State. 8 Functions of council (1) The council has the following functions— (a) to provide strategic advice to the Minister about matters relating to Queensland's cultural heritage, including, for example, measures necessary to conserve Queensland's cultural heritage; (b) to encourage interest in, and understanding of, Queensland's cultural heritage, including, for example, by— (i) providing information to the community; and (ii) promoting or supporting events relating to Queensland's cultural heritage; (c) to advise entities about conserving Queensland's cultural heritage, including, for example, government entities and community organisations; (d) to encourage the appropriate management of places of cultural heritage significance; (e) to give advice to the planning chief executive about the effect that development proposed under a development application or change application may have on the cultural heritage significance of a State heritage place; Note— See also the Planning Act, section 275ZJ. (f) to perform other functions given to the council under this Act or by the Minister. (2) In performing its functions, the council must act independently, impartially and in the public interest. 8A Council's powers The council has the powers— (a) necessary or convenient to perform its functions; or (b) given to it under another provision of this Act or under another Act. 9 Delegation by council The council may delegate its functions under this Act to— (a) a member; or (b) a committee of the council consisting of appropriately qualified persons, 1 of whom must be a member; or (c) an appropriately qualified public service officer. Division 2 Membership 10 Membership of council The council consists of the following members— (a) a representative, appointed by the Governor in Council, of each of the following entities— (i) National Trust of Australia (Queensland) Limited; (ii) the Local Government Association of Queensland (Incorporated); (iii) the Queensland Council of Unions; (iv) an organisation representing the interests of property owners and managers in Queensland; (v) an organisation representing the interests of rural industries in Queensland; (b) 7 persons, appointed by the Governor in Council, with appropriate knowledge, expertise and interest in heritage conservation. 11 Chairperson and deputy chairperson of council (1) The Governor in Council must appoint a member to be the chairperson, and another member to be the deputy chairperson, of the council. (2) A person may be appointed the chairperson or deputy chairperson at the same time the person is appointed a member. (3) The chairperson or deputy chairperson holds office as chairperson or deputy chairperson for the term, of not more than 3 years, decided by the Governor in Council. (4) Despite subsection (3), a person stops holding office as chairperson or deputy chairperson if the person stops being a member. (5) The office of chairperson or deputy chairperson becomes vacant if the person holding the office resigns the office by signed notice of resignation given to the Minister. (6) However, a member resigning the office of chairperson or deputy chairperson may continue to be a member. (7) The deputy chairperson must act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 12 Term of appointment A member must be appointed for a term of not more than 3 years. 13 Eligibility for membership (1) A person can not be appointed as a member if the person— (a) has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or (b) has been a member for at least 6 consecutive years and the proposed appointment would happen less than 1 year after the day the person was last a member. (2) A person who is a member can not be reappointed as a member if the reappointment would result in the person continuing as a member for more than 6 consecutive years. 13A Minister's power to obtain criminal history (1) The Minister may ask the commissioner of the police service for— (a) a written report about the criminal history of a person who is being considered for appointment as a member; and (b) a brief description of the circumstances of a conviction mentioned in the report. (2) However, the Minister may make the request only if the person has given the Minister written consent for the request. (3) The commissioner of the police service must comply with the request. (4) However, subsection (3) applies only in relation to information in the commissioner's possession or to which the commissioner has access. (5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 13B Criminal history is confidential (1) A person must not, directly or indirectly, disclose to anyone else a report about a person's criminal history or information contained in the report given under section 13A, unless the disclosure is permitted under subsection (2). Maximum penalty—50 penalty units. (2) The person may make the disclosure to someone else— (a) to the extent necessary to perform the person's functions under this Act; or (b) for the purpose of the other person performing a function under this Act; or (c) if the disclosure is authorised under an Act; or (d) if the disclosure is otherwise required or permitted by law; or (e) if the person to whom the information relates consents to the disclosure. 14 Vacation of office (1) A member is taken to have vacated office if the member— (a) resigns his or her position on the council by signed notice of resignation given to the Minister; or (b) is convicted of an indictable offence or an offence against this Act; or (c) is absent without— (i) the council's permission from 3 consecutive council meetings of which due notice has been given; or (ii) the Minister's approval under section 16. (2) In this section— meeting means a meeting with a quorum present. 15 When notice of resignation takes effect A notice of resignation under section 11(5) or 14(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, at the later time. 16 Leave of absence for a member (1) The Minister may approve a leave of absence for a member of more than 3 months. (2) The Minister may appoint another person to act in the office of the member while the member is absent on the approved leave. (3) If the member is the deputy chairperson, the Minister may appoint another member to act in the deputy chairperson's office while the deputy chairperson is absent on the approved leave. 17 Effect of vacancy in membership of council (1) Subsection (2) applies despite section 10. (2) The performance of a function by the council is not affected merely because of a vacancy in the council membership. 18 Remuneration of members A member is entitled to be paid the fees and allowances decided by the Governor in Council. Division 3 Council business 19 Conduct of business Subject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate. 20 Times and places of meetings (1) The council must meet at least 6 times a year. (2) Council meetings are to be held when and where the chairperson decides. (3) However, the chairperson must call a council meeting if asked, in writing, to do so by the Minister or at least 6 members. (4) Notice of when and where a council meeting must be held, and of the business for the meeting, must be given to each member at least 5 business days before the day for the meeting. (5) Subsection (1) does not limit the number of meetings the council may hold in a year. 21 Quorum A quorum for the council is 6 members. 22 Presiding at meetings (1) The chairperson must preside at all council meetings at which the chairperson is present. (2) If the chairperson is absent from a council meeting, but the deputy chairperson is present, the deputy chairperson must preside. (3) If the chairperson and deputy chairperson are both absent from a council meeting or the offices are vacant, a member chosen by the members present must preside. 23 Conduct of meetings (1) A question at a council meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) A member present at the meeting who abstains from voting is taken to have voted in the negative. (4) The council may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. Example— teleconferencing (5) A member who takes part in a council meeting under subsection (4) is taken to be present at the meeting. (6) A resolution is validly made by the council, even if it is not passed at a council meeting, if— (a) a majority of the council members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the council. 24 Minutes (1) The council must keep— (a) minutes of its meetings; and (b) a record of any resolutions made under section 23(6). (2) Subsection (3) applies if a resolution is passed at a council meeting. (3) If asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution. Division 4 Council committees 25 Committees (1) The council may establish committees of the council for effectively and efficiently performing its functions. (2) A committee may include a person who is not a member. (3) The council must decide the terms of reference of a committee. (4) The functions of a committee are to— (a) advise and make recommendations to the council about matters, within the scope of the council's functions, referred by the council to the committee; and (b) exercise powers delegated to it by the council. Note— See section 9 for the council's power of delegation. (5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the council. (6) The council may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings. 26 Remuneration of committee members (1) A committee member is entitled to be paid the fees and allowances decided by the chief executive. (2) The fees and allowances paid under subsection (1) must not be more than the fees and allowances payable to a member. Division 5 Disclosure of interests by members and committee members 27 Disclosure of interests of members (1) This section applies to a member (the interested person) if— (a) the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the council; and (b) the interest could conflict with the proper performance of the person's duties about the consideration of the matter. (2) As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a council meeting. (3) Unless the council otherwise directs, the interested person must not— (a) be present when the council considers the matter; or (b) take part in a decision of the council about the matter; or (c) if the matter is a heritage recommendation—make an oral representation to the council under part 4, division 5, subdivision 2 about the recommendation. (4) The interested person must not be present when the council is considering whether to give a direction under subsection (3). (5) If there is another member who must, under subsection (2), also disclose an interest in the matter, the other member must not— (a) be present when the council is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) Subsection (7) applies if— (a) because of this section, a member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present. (7) The remaining members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting. (8) A disclosure under subsection (2) must be recorded in the council's minutes. 28 Disclosure of interests of committee members (1) This section applies to a committee member (the interested person) if— (a) the interested person has a direct or indirect interest in a matter being considered, or about to be considered, by the committee; and (b) the interest could conflict with the proper performance of the person's duties about the consideration of the matter. (2) As soon as practicable after the relevant facts come to the interested person's knowledge, the person must disclose the nature of the interest to a committee meeting. (3) Unless the committee otherwise directs, the interested person must not— (a) be present when the committee considers the matter; or (b) take part in a decision of the committee about the matter; or (c) if the matter is a heritage recommendation—make an oral representation to the council under part 4, division 5, subdivision 2 about the recommendation. (4) The interested person must not be present when the committee is considering whether to give a direction under subsection (3). (5) If there is another member who must, under subsection (2), also disclose an interest in the matter, the other member must not— (a) be present when the committee is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. (6) Subsection (7) applies if— (a) because of this section, a committee member is not present at a meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the committee member were present. (7) The remaining committee members present are a quorum for considering or deciding the matter, or for considering or deciding whether to give the direction, at the committee meeting. (8) A disclosure under subsection (2) must be recorded in the committee's minutes. Division 6 Other provisions about the council 29 Annual report (1) The council must, by 31 October in each year, give the Minister a written report on the administration of this Act during the financial year that ended on 30 June in the year. (2) The report must include— (a) information, required by the Minister, relating to the performance of the council's functions under this Act; and (b) information about the timeliness of the council's dealings with applications under part 4, division 5; and (c) a statement about the measures the council considers necessary to conserve Queensland's cultural heritage. (3) As soon as practicable, but within 14 sitting days after receiving the report, the Minister must table the report in the Legislative Assembly. 30 Excluded matter for Corporations legislation The council is declared to be an excluded matter for the Corporations Act, section 5F, in relation to the following provisions of the Corporations Act— (a) parts 2D.1 and 2D.6; (b) chapters 2K and 2L; (c) parts 5.7, 5.7B, 5.9 and 5B.2. Part 3 The Queensland heritage register 31 The Queensland heritage register (1) The chief executive must keep a register called the Queensland heritage register. (2) The Queensland heritage register must include a record of the following— (a) State heritage places; (b) protected areas. (3) An entry in the Queensland heritage register, for each place or area, must— (a) include enough information to identify the location and boundaries of the place or area; and (b) include information about the history of the place or area; and (c) include a description of the place or area; and (d) if the place or area is the subject of a heritage agreement—state that fact; and (e) for a State heritage place—include a statement about the cultural heritage significance of the place related to the cultural heritage criteria; and (f) for a protected area—include a statement about the cultural heritage significance of the place relevant to the declaration of the protected area. (4) An entry in the Queensland heritage register for a place or area that is the subject of a heritage agreement may include— (a) if the person or entity who entered into the agreement with the chief executive is required to carry out work or do something else under the agreement—information about the work or thing; or (b) if development is permitted to be carried out in the place or area under the agreement—information about the development. (5) The chief executive may keep the Queensland heritage register in the form, including electronic form, the chief executive considers appropriate. 32 Register to be available online (1) The chief executive must publish a copy of the Queensland heritage register on the department's website. (2) The chief executive must ensure that the copy is available for inspection on the department's website during business hours, free of charge, at— (a) the department's head office; and (b) other places the chief executive considers appropriate. 33 Extracts from register and certificate about certain matters (1) The chief executive must, on application by a person and payment of the fee prescribed under a regulation, give to the person— (a) a certified copy of any entry in the Queensland heritage register; or (b) a certificate as to whether a place or area— (i) is a State heritage place or a protected area; or (ii) is the subject of a heritage agreement; or (iii) is the subject of an application to have the place entered in or removed from the register; or (iv) is an excluded place. (2) A certified copy of an entry in the Queensland heritage register is admissible as evidence in legal proceedings and, in the absence of proof to the contrary, is to be taken as proof of the entry and of its contents. 34 Changing entries in register (1) The chief executive may change an entry in the Queensland heritage register for a Queensland heritage place if the change— (a) is the addition of an informative note to the entry; or (b) corrects, updates or otherwise varies the information that identifies the location and boundaries of the place; or (c) is another change to correct an error, or update information, in the entry. (2) However, the chief executive must not, without the written agreement of the owner of a Queensland heritage place and the council— (a) change information that identifies a boundary for the place under subsection (1)(b), unless the change is a minor change; or (b) change a statement mentioned in section 31(3)(e) or (f) under subsection (1)(c), unless the change is a minor change. (3) In this section— minor change means a change that is only to correct a minor error or make another change that is not a change of substance. Part 4 Matters about registration of State heritage places in Queensland heritage register Division 1 Criteria for entry in register as State heritage place 35 Criteria for entry in register (1) A place may be entered in the Queensland heritage register as a State heritage place if it satisfies 1 or more of the following criteria— (a) the place is important in demonstrating the evolution or pattern of Queensland's history; (b) the place demonstrates rare, uncommon or endangered aspects of Queensland's cultural heritage; (c) the place has potential to yield information that will contribute to an understanding of Queensland's history; Example of a place for paragraph (c)— a place that has potential to contain an archaeological artefact that is an important source of information about Queensland's history (d) the place is important in demonstrating the principal characteristics of a particular class of cultural places; (e) the place is important because of its aesthetic significance; (f) the place is important in demonstrating a high degree of creative or technical achievement at a particular period; (g) the place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons; (h) the place has a special association with the life or work of a particular person, group or organisation of importance in Queensland's history. (2) A place is not to be excluded from the Queensland heritage register on the ground that places with similar characteristics have already been entered in the register. Division 2 Applications for entry of places in, or removal of places from, register 36 Applying to enter place in, or remove place from, register (1) A person or other entity may apply to the chief executive— (a) to have a place entered in the Queensland heritage register as a State heritage place; or (b) to have a State heritage place removed from the register. (2) The application must— (a) be in the approved form; and (b) include the details, required in the approved form, to enable the chief executive to give the council a heritage recommendation for the application; and (c) for an application to enter a place in the register, be accompanied by— (i) a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and (ii) information about the history of the place that is based on and refers to historical research; and (iii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and (iv) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and (v) a plan showing the relationship between the place's cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and (d) for an application to remove a State heritage place from the register, be accompanied by— (i) a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place— (A) information in the entry for the place in the register; (B) historical research; and (ii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information. (3) An application to remove part of a State heritage place must also include— (a) a description of the features of the part proposed for removal, supported by photographs, drawings or other documents showing the features; and (b) a plan showing the relationship between the place's cadastral boundaries, features mentioned in paragraph (a) and the part proposed for removal. (4) The applicant may withdraw the application at any time before the council makes a decision on a heritage recommendation for the application. (5) If the chief executive makes an application under this section, sections 38(1)(a) and 46(1)(a) do not apply in relation to the application. (6) Subsection (1) is subject to section 37. 36A Non-complying application (1) This section applies if the chief executive considers an application about a place under section 36(1) does not comply with section 36(2) or (3) (a non-complying application). (2) The chief executive must, within 10 business days after receiving the application, give the applicant a notice stating— (a) the application does not comply with section 36(2) or (3); and (b) the reasons the chief executive considers it does not comply; and (c) the applicant may make a new application about the place under section 36(1) that addresses the matters mentioned in paragraph (b). (3) For this Act, a non-complying application is taken not to have been received by the chief executive. 37 Particular restriction on application (1) If a place has been removed from the Queensland heritage register as a State heritage place, or the council has decided under this part not to enter a place in the register, a person or other entity can not apply to have the place entered in the register until at least 5 years after— (a) the day the place was removed from the register; or (b) the day the council decided not to enter the place in the register. (2) If a place has been entered in the Queensland heritage register as a State heritage place, or the council has decided under this part not to remove a place from the register, a person or other entity can not apply to have the place removed from the register until at least 5 years after— (a) the place was entered in the register; or (b) the council decided not to remove the place from the register. 38 Initial notice of application (1) The chief executive must, within 10 business days after receiving an application for a place— (a) give notice of its receipt to the applicant; and (b) if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and (c) if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following— (i) the day the application was received; (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register; (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register; (iv) that the owner may give the chief executive a written submission about the application; (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given. (vi) that the owner may give the council a written response to the chief executive's heritage recommendation about the place; (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given. (2) If a notice under subsection (1)(a) or (c) is given to the owner of a place about an application to have the place entered in the Queensland heritage register, the notice must include information about the owner's obligations under sections 58 and 59 in relation to the place. (3) A copy of an application given to a local government or owner of a place under subsection (1)(b) or (c) must not include the applicant's personal information, unless the applicant has given written consent to its inclusion. 39 Chief executive to publish notice of application (1) The chief executive must, within 10 business days after acting under section 38 in relation to an application for a place, publish notice of the application— (a) in a newspaper circulating generally in the area in which the place is situated; and (b) on the department's website. (2) The notice under subsection (1)(a) must— (a) include enough information to identify the place; and (b) state the following— (i) whether the place is under consideration for entry in, or removal from, the Queensland heritage register; (ii) where the application may be viewed; (iii) that a person or other entity may give the chief executive a written submission about the application; (iv) where the submission may be given; (v) information about the period in which the submission may be given. 40 Applications to be available online (1) The chief executive must publish a copy of each application on the department's website. (2) However, a copy of an application must not include the applicant's personal information, unless the applicant has given written consent to its inclusion. (3) The chief executive must ensure that a copy of each application is available for inspection on the department's website during business hours, free of charge, at— (a) the department's head office; and (b) other places the chief executive considers appropriate. Division 3 Submissions and representations about applications 41 When submission about application may be given to chief executive (1) A person or other entity may give the chief executive a written submission (a heritage submission) for an application within 20 business days after notice of the application is published under section 39(1)(a). (2) However, the chief executive and a person or other entity intending to give a submission under subsection (1) may, at any time before the end of the period mentioned in the subsection, agree in writing on a day (the later day) by which the submission may be given. (3) Also, if the later day agreed to by the chief executive and a person or entity (the parties) under subsection (2) is less than 40 business days after the notice of the application is published, the parties may, at any time before the end of the later day, agree in writing on another day (the latest day) by which the submission may be given. (4) The later day or latest day must not be more than 40 business days after notice of the application was published. 42 Basis for making submission A heritage submission for an application must be made on the basis that the place the subject of the application does or does not satisfy the cultural heritage criteria. 43 Chief executive may seek further information Before giving the council a heritage recommendation for an application, the chief executive may ask a person or other entity the chief executive considers appropriate to make written representations to the chief executive about the place the subject of the application. Division 4 Heritage recommendations 44 Chief executive to give heritage recommendation to council (1) After considering the relevant material for an application, the chief executive must give a written recommendation (a heritage recommendation) to the council about whether the place the subject of the application should be entered in, removed from (with or without variation) or stay on the Queensland heritage register. (2) The chief executive must give the council a heritage recommendation for an application by the final recommendation day for the application. (3) A heritage recommendation must be accompanied by— (a) a copy of the application to which it relates; and (b) the heritage submissions for the application; and (c) the written representations made under section 43 about the place the subject of the application. (4) If the chief executive considers the place satisfies 1 or more of the cultural heritage criteria, the chief executive must recommend that— (a) the place be entered in the register; or (b) the place stay on the register, with or without variation. (5) If the chief executive considers the place does not satisfy any of the cultural heritage criteria, the chief executive must recommend that— (a) the place not be entered in the register; or (b) the place be removed from the register. (6) In this section— final recommendation day, for an application, means the later of the following days— (a) 80 business days after its receipt; (b) if, under section 45(2), the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt. relevant material, for an application, means the following— (a) the application; (b) the heritage submissions for the application; (c) the written representations made under section 43 about the place the subject of the application; (d) other information the chief executive considers relevant to the application. 45 Further consideration of application (1) This section applies if the chief executive considers more time is needed to make a heritage recommendation for an application because of the matters that need to be considered in relation to the application. (2) The chief executive may at any time before 80 business days after receipt of the application, give notice to the applicant, and the owner of the place the subject of the application if the owner is not the applicant, that— (a) because of the matters that need to be considered in relation to the application, the chief executive needs more time to make a heritage recommendation for the application; and Example— The chief executive might need more time to consider an application because of the remote location of the place the subject of the application. (b) the period within which the chief executive must make the heritage recommendation is extended to a day that is 120 business days after receipt of the application. 46 Notice of heritage recommendation (1) The chief executive must, within 10 business days after giving the council a heritage recommendation for an application, give a copy of the recommendation to each of the following— (a) the applicant; (b) if the applicant is not the owner of the place the subject of the application—the owner; (c) if the applicant is not the local government for the area in which the place is situated—the local government; (d) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application. (2) The copy of the heritage recommendation must be accompanied by a notice stating the person or entity to whom it is given may, within 10 business days after its receipt— (a) ask in writing to make oral representations to the council about the recommendation; and (b) if the person or entity is the owner—tell the council in writing that the person or entity will be giving the council a written response to the recommendation. Division 4A Destroyed place recommendations 46A Chief executive may give destroyed place recommendation (1) The chief executive may give the council a written recommendation (a destroyed place recommendation) that a State heritage place be removed from the register if— (a) the place has been— (i) completely or substantially destroyed by fire or natural disaster; or (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71(7); and (b) the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and (c) the chief executive has consulted with the owner of the place about the proposed recommendation. (2) The destroyed place recommendation must be accompanied by— (a) details of the complete or substantial destruction or the whole or substantial demolition; and (b) reasons why the chief executive considers the place no longer satisfies any of the cultural heritage criteria; and (c) details of how the owner of the place was consulted with under subsection (1)(c), and the outcome of the consultation. Division 5 Council to decide about entry of place in, or removal of place from, register Subdivision 1 Preliminary 47 Council's role in relation to heritage or destroyed place recommendations The council must consider and make a decision on each heritage recommendation or destroyed place recommendation it receives. 48 Council may seek further information Before making a decision on a heritage recommendation or destroyed place recommendation for a State heritage place, the council may ask a person or other entity the council considers appropriate to make written representations to the council about the place. Subdivision 2 Oral representations about heritage recommendations 49 Request to make oral representations about heritage recommendation (1) This section applies if a person or entity is given a notice under section 46(2) for a heritage recommendation. (2) The person or entity may, by notice given to the council, ask to make oral representations to the council before it makes a decision on the heritage recommendation. (3) The person or entity must make the request within 10 business days after receiving the notice mentioned in subsection (1). (4) If the person or entity is the owner of the place the subject of the heritage recommendation, the council must take all reasonable steps to comply with the request. (5) If the person or entity is not the owner of the place the subject of the heritage recommendation, the council may decide to hear the person or entity if satisfied it is appropriate in the circumstances. (6) In deciding to hear a person or entity mentioned in subsection (5), the council must have regard to— (a) the heritage submission, if any, given by the person or entity for the application to which the heritage recommendation relates; and (b) whether the person or entity has new information about the place the subject of the recommendation that is relevant to— (i) the recommendation; and (ii) the cultural heritage criteria. 50 How oral representations may be made (1) The council may allow a person or entity to make oral representations about a heritage recommendation in the way the council considers appropriate. (2) Without limiting subsection (1), the council may allow a person or entity to make the representations by phone, videoconferencing or another form of electronic communication if the council considers it is reasonable in the circumstances, including, for example, because of the person's or entity's remote location. Subdivision 2A Heritage responses to heritage recommendations 50A Notice about making heritage response to heritage recommendation (1) This section applies if the owner of a place is given a notice under section 46(2) for a heritage recommendation about the place. (2) The owner may, by notice given to the council, tell the council that the owner will be giving the council a written response (a heritage response) to the heritage recommendation. (3) The owner must give the notice to the council within 10 business days after receiving the notice mentioned in subsection (1). 50B When heritage response must be given to council (1) This section applies if the owner of a place gives the council a notice under section 50A(2). (2) The owner must give the heritage response to the council within 20 business days after the owner gives the notice to the council. (3) However, the owner and council may, at any time before the end of the period mentioned in subsection (2), agree in writing on a day (the later day) by which the heritage response must be given. (4) The later day must not be more than 30 business days after the owner gives the notice to the council. Subdivision 3 Decisions on heritage recommendations 51 Council to make decision on heritage recommendation (1) The council must make a decision on a heritage recommendation for an application within the later of the following periods to end— (a) 60 business days after receiving the recommendation; (b) if the owner of the place the subject of the recommendation gives the council a notice under section 50A(2), or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation. (2) In making the decision, the council— (a) must have regard to all of the following— (i) the application to which the heritage recommendation relates; (ii) the heritage submissions for the application; (iii) the written representations made under section 43 or 48 about the place the subject of the application; (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations; (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and (b) may have regard to other information the council considers relevant to the application. (3) Without limiting subsection (2)(b), the council may, in making the decision, have regard to whether the physical condition or structural integrity of the place may prevent its cultural heritage significance being preserved. (4) Also, without limiting subsection (2)(b), the council may, in making the decision, have regard to— (a) whether the cultural heritage significance of the place is mainly because of its natural features; and (b) whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law. Examples of places for subsection (4)— 1 a national park under the Nature Conservation Act 1992 2 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) 52 Agreement about extending time for making decision (1) This section applies if the council and the owner of a place the subject of a heritage recommendation agree that more time is needed to make a decision on the recommendation because of the matters that need to be considered in relation to it. (2) The council and the owner of the place may agree in writing to extend the day for making the decision to a day that is 100 business days after the day the council received the heritage recommendation. (3) An agreement under subsection (2) must be made before the end of 60 business days after the day the council received the heritage recommendation. 53 Council's decision about entering place in, or removing place from, register (1) The council may decide to enter the place the subject of an application in the Queensland heritage register if the council considers it satisfies 1 or more of the cultural heritage criteria. (2) The council must decide to remove the place the subject of an application from the Queensland heritage register if the council considers it no longer satisfies any of the cultural heritage criteria. (3) In making a decision on a heritage recommendation for an application about the proposed entry of a place in the Queensland heritage register, the council may decide— (a) to enter the place, as proposed in the heritage recommendation, in the register; or (b) to enter the place, as varied from the heritage recommendation, in the register; or (c) not to enter the place in the register. (4) In making a decision on a heritage recommendation for an application about the proposed removal of a place from the Queensland heritage register, the council may decide— (a) to remove the place from the register; or (b) to vary the entry of the place in the register; or (c) to leave the place in the register. 54 Notice of council's decision (1) Immediately after making a decision on a heritage recommendation, the council must advise the chief executive of the decision, the reasons for the decision and the day it was made. (2) Within 10 business days after receiving the advice, the chief executive must— (a) publish the decision, and notice of the day it was made, in the gazette; and (b) give notice of the decision and the reasons for it to— (i) the applicant for the application to which the heritage recommendation relates; and (ii) if the applicant is not the owner of the place the subject of the application—the owner; and (iii) if the applicant is not the local government for the area in which the place is situated—the local government; and (iv) any other person or entity, if the person or entity gave the chief executive a heritage submission for the application. (3) If the council's decision on a heritage recommendation is a decision mentioned in section 53(3)(a) or (b), or (4)(a) or (b), the notice given under subsection (2)(b) to the owner of the place must be accompanied by an information notice about the decision. 55 When council is taken to have made decision (1) This section applies if the council fails to make a decision on a heritage recommendation for an application within the relevant period for the recommendation. (2) If the application is for the entry of a place in the Queensland heritage register, the council is taken to have decided not to enter the place in the register. (3) If the application is for the removal of a place from the Queensland heritage register, the council is taken to have decided to leave the place in the register. (4) A decision mentioned in subsection (2) or (3) is taken to have been made by the council at the end of the relevant period for the recommendation. (5) In this section— relevant period, for a heritage recommendation, means— (a) 60 business days after the council receives the recommendation; or (b) if the owner of the place the subject of the recommendation has given the council a notice under section 50A(2), or if the council and the owner have agreed, under section 52, to extend the day for making the decision on the recommendation—100 business days after the council receives the recommendation. 56 Notice of decision under s 55 (1) If the council is taken to have made a decision under section 55 in relation to an application, the chief executive must, as soon as practicable after the day the decision is taken to have been made, give notice of the decision to— (a) the applicant; and (b) if the applicant is not the owner of the place the subject of the application—the owner. (2) The notice given under subsection (1) to the applicant must be accompanied by an information notice about the decision. Subdivision 4 Decisions on destroyed place recommendations 56A Council to make decision on destroyed place recommendation (1) The council must, within 60 days after receiving a destroyed place recommendation for a place, decide to either— (a) remove the place from the register; or (b) leave the place on the register, with or without variation. (2) The council may decide to remove a State heritage place the subject of a destroyed place recommendation from the Queensland heritage register, only if the council considers— (a) the place has been— (i) completely or substantially destroyed by fire or natural disaster; or (ii) wholly or substantially demolished by development carried out under a development approval or a recommendation under section 71(7); and (b) the place does not satisfy any of the cultural heritage criteria; and (c) the owner of the place has been consulted about the removal. (3) Immediately after making a decision on a destroyed place recommendation, the council must advise the chief executive of the decision and the day it was made. (4) Within 10 business days after receiving the advice, the chief executive must— (a) publish the decision, and notice of the day it was made, in the gazette; and (b) give notice of the decision to— (i) the owner of the place; and (ii) the local government for the area in which the place is situated. Division 5A Excluded places 56B Place excluded from entry in Queensland heritage register as State heritage place (1) The owner of a place may apply to the chief executive to have the place excluded from entry in the Queensland heritage register as a State heritage place. (2) This part applies in relation to the place and the application— (a) as if the place were a State heritage place and the application were an application under section 36 to have the place removed from the register; and (b) as if a reference in the part to remove a place from the register were a reference to exclude the place from entry in the register as a State heritage place; and (c) as if a reference in section 44 to a place staying on the register were a reference to entering the place in the register as a State heritage place; and (d) as if the reference in section 53(2) to a place no longer satisfying any of the cultural heritage criteria were a reference to the place not satisfying any of the cultural heritage criteria; and (e) as if the reference in section 53(4) to a decision to leave a place in the register were a reference to a decision (an entry decision) to enter the place in the register as a State heritage place; and (f) as if the reference in section 54(3) to a decision mentioned in section 53(4)(a) or (b) included a reference to an entry decision; and (g) as if the reference in section 55(3) to the council being taken to have decided to leave a place in the register were a reference to the council being taken to have excluded the place from entry in the register as a State heritage place; and (h) with other necessary changes. Note— If the council decides to remove a State heritage place from the Queensland heritage register, or enter a place in the register, application can not be made to have the place entered in, or removed from, the register for at least 5 years—see section 37. Division 6 Other matters 57 [Repealed] 58 Obligation to give notice about proposed development (1) This section applies to the owner of a place if— (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38(1)(c) for an application to have the place entered in the register; and (b) the council has not made a decision on a heritage recommendation for the application. (2) The owner must, at least 10 business days before a prescribed application is made in relation to the place, give the chief executive notice of the application, if— (a) the owner is the applicant; or (b) the application is supported by the written consent of the owner. Maximum penalty—100 penalty units. (3) In this section— prescribed application means— (a) an application for a development approval; or (b) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act. 59 Obligation to give notice about development approvals (1) Subsection (2) applies to the owner of a place if— (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38(1)(c) for an application to have the place entered in the register; and (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a person had a development approval for development on the place. (2) The owner must, within the relevant period, advise the chief executive of the development approval. Maximum penalty—100 penalty units. (3) Subsection (4) applies to the owner of a place if— (a) the owner— (i) has applied under division 2 to have the place entered in the Queensland heritage register; or (ii) is given a notice under section 38(1)(c) for an application to have the place entered in the register; and (b) when the owner made the application or was given the notice, the owner knew or ought reasonably to have known that a following application (each a relevant application) in relation to the place had been made but not decided under the Planning Act— (i) an application for a development approval; (ii) a change application other than a change application for a minor change to a development approval, as defined in the Planning Act. (4) The owner must, within the relevant period, advise the chief executive of the relevant application. Maximum penalty—100 penalty units. (5) In this section— relevant period means 10 business days after the owner received a notice under section 38(1)(a) or (c) for the application to have the place entered in the Queensland heritage register. Part 5 [Repealed] Division 1 [Repealed] 60 [Repealed] Division 2 [Repealed] 61 [Repealed] 62 [Repealed] 63 [Repealed] 64 [Repealed] 65 [Repealed] 66 [Repealed] 67 [Repealed] Part 6 Development in Queensland heritage places and local heritage places Division 1 Development on Queensland heritage place by State 68 [Repealed] 68A [Repealed] 69 [Repealed] 70 [Repealed] 71 Development by the State (1) This section applies if the State— (a) proposes to carry out development in relation to a Queensland heritage place other than because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and (b) does not have an exemption certificate for the development. (2) The chief executive of the department or agency proposing the development must give the council a report on the proposed development. (3) The report must contain the details prescribed under a regulation. (4) Subsection (5) applies if— (a) the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the development would substantially affect the cultural heritage significance of the place; or (b) the place is an archaeological State heritage place and the council is satisfied the development would have a detrimental impact on any archaeological artefact on the place. (5) The council must publish a public notice stating the following— (a) details of the development; (b) that a person or other entity may give the council a written submission about the development; (c) where the submission may be given; (d) that the submission must be given within 20 business days after the notice is published. (6) The council must consider the report and all submissions made about the development and recommend to the Minister proposing the development that— (a) the development may be carried out; or (b) the development may be carried out subject to stated conditions or modifications; or (c) the development should not be carried out. (7) If the place is a State heritage place, other than an archaeological State heritage place, and the council is satisfied the effect of carrying out the development would be to destroy or substantially reduce the cultural heritage significance of the place, the council may only recommend the development may be carried out if it is satisfied there is no prudent and feasible alternative to carrying out the development. (8) In considering whether there is no prudent and feasible alternative to carrying out the development, the council must have regard to— (a) safety, health and economic considerations; and (b) any other matters the council considers relevant. (9) The Minister proposing the development must consider the council's recommendation and decide whether to accept or reject it. (10) If the development was publicly notified under subsection (5), the Minister proposing the development must also give public notice of the decision under subsection (9) a reasonable time before the development starts. Division 2 Exemption certificates 71A Definitions for div 2 In this division— decision-maker means— (a) for a Queensland heritage place—the chief executive; or (b) for a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated. heritage place means a Queensland heritage place or local heritage place. 72 Application for exemption certificate (1) A relevant person for a heritage place may apply to the decision-maker for the place for an exemption certificate to carry out development mentioned in subsection (3) on the place. (2) The application must— (a) be in the approved form; and (b) be accompanied by all of the following— (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place; (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance; (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application; (iv) if the application is for development other than development mentioned in subparagraph (iii)—information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place; (v) the fee prescribed under a regulation. (3) An exemption certificate may be given to carry out development on a heritage place only if the development— (a) is permitted under a heritage agreement or local heritage agreement for the place; or (b) will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place. (4) In this section— relevant person, for a heritage place, means— (a) the owner of the place; or (b) with the owner's consent, another person who has an interest