South Australia: Heritage Places Act 1993 (SA)

South Australia Heritage Places Act 1993 An Act to make provision for the identification, recording and conservation of places and objects of non-Aboriginal heritage significance; to establish the South Australian Heritage Council; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Objects of Act 3 Interpretation Part 2—Administration Division 1—South Australian Heritage Council 4 South Australian Heritage Council 5 Composition of Council 5A Functions of the Council 6 Conditions of membership 7 Proceedings of Council 7A Committees 8 Delegation 9 Remuneration Division 2—South Australian Heritage Fund 10 South Australian Heritage Fund 11 Accounts and audit 12 Application of money from Fund Part 3—South Australian Heritage Register 13 The Register 14 Content of Register 15 Register to be available for public inspection Part 4—Registration of places Division 1—Criteria for registration 16 Heritage significance Division 2—Registration process 17 Proposal to make entry in Register and inclusion of related designations 18 Submissions etc in relation to provisional entries in Register and related designations 18A Submissions etc in relation to designation of confirmed State Heritage Places as being places of particular significance 19 Registration in Lands Titles Registration Office 20 Appeals 21 Correction of errors Division 3—Certificate of exclusion 22 Certificate of exclusion Division 4—Removal or alteration of designation 23 Council may act if registration at State level not justified 24 Alteration of Register if place to be designated as place of local heritage value Part 5—Special protection Division 1—Places or objects of particular significance 25 Places of geological, palaeontological or speleological significance 26 Places of archaeological significance 27 Protection of archaeological artefacts 28 Damage to or disposal of objects 29 Permits 29A Related matters—objects Division 2—Emergency protection 30 Stop orders Part 6—Heritage agreements 32 Heritage agreements 33 Effect of heritage agreement 34 Registration of heritage agreements 35 Enforcement of heritage agreements Part 7—Miscellaneous 36 Damage or neglect 38 No development orders 38A ERD Court orders 39 Right of entry 39A Protection orders 39B Repair orders 39C Restoration orders 39D Registration of orders by Registrar‑General 39E Appeals to ERD Court—protection orders, repair orders and restoration orders 40 Erection of signs 41 Obstruction 41A Delegation by Minister 42 General provisions relating to offences 42A Onus of proof in certain offences 42B Continuing offences 43 Service of notices 44 Evidence 45 Regulations Schedule 1—Transitional provisions 2 Transitional provisions Schedule 2—Heritage agreement relating to Beechwood Garden 1 Interpretation 2 Heritage agreement relating to Beechwood Garden Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Heritage Places Act 1993. 2—Objects of Act The objects of the Act are: (a) to recognise the importance of South Australia's heritage places and related objects in understanding the course of the State's history, including its natural history; and (b) to provide for the identification and documentation of places and related objects of State heritage significance; and (c) to provide for and promote the conservation of places and related objects of State heritage significance; and (d) to promote an understanding and appreciation of the State's heritage; and (e) to encourage the sustainable use and adaptation of heritage places in a manner consistent with high standards of conservation practice, the retention of their heritage significance, and relevant development policies. 3—Interpretation (1) In this Act, unless the contrary intention appears— archaeological artefact means any matter forming part of an archaeological deposit, or any artefact, remains or material evidence associated with an archaeological deposit, that relates to the non-Aboriginal settlement of South Australia, or to an activity undertaken by a person as part of the exploration of South Australia, but does not include the remains of a ship or an article associated with a ship; associate—see subsection (3); Council means the South Australian Heritage Council established under Part 2; Court means the Environment, Resources and Development Court; Development Plan means a Development Plan under the Development Act 1993; dispose of includes sell, part with possession or conceal; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; Fund means the South Australian Heritage Fund; heritage significance—see section 16; land includes land covered with water; local council means a council constituted under the Local Government Act 1999; local heritage place means a place designated by a Development Plan as being a place of local heritage value; mining tenement means— (a) a mineral claim, a lease or a licence under the Mining Act 1971; or (ab) a precious stones tenement under the Opal Mining Act 1995; or (b) a licence under the Petroleum Act 2000; (c) a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982; or (d) a licence under the Offshore Minerals Act 2000; object means a natural or manufactured object and includes— (a) an archaeological artefact; or (b) a geological, palaeontological or speleological specimen, but does not include an Aboriginal object within the meaning of the Aboriginal Heritage Act 1988; owner of land means— (a) if the land is unalienated from the Crown—the Crown; (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; (c) if the land is held from the Crown by lease or licence—the lessee or licensee; (d) if the land is held from the Crown under an agreement to purchase—the person who has the right of purchase, and if the land is subject to a mining tenement a reference to the owner of the land extends to the holder of the tenement; place means— (a) any site or area, with or without improvements; (b) any land; (c) any building, structure or other work, whether temporary or permanent or moveable or immovable (including an item or thing that is permanently fixed or moored); (d) any other location, item or thing that constitutes a place within the State, and includes— (e) any fixtures or fittings; (f) any land where a place is situated; (g) any subsurface area; (h) any part of a place; protection order means an order issued under section 39A; Register means the South Australian Heritage Register; Registrar-General includes the Registrar-General of Deeds; repair order—see section 39B; restoration order—see section 39C; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; specimen includes sample; spouse—a person is the spouse of another if they are legally married; State Heritage Area means an area established as a State Heritage Area by a Development Plan; State Heritage Place means— (a) a place entered, either as a provisional or confirmed entry, in the Register under Part 4; or (b) a place within an area established as a State Heritage Area; or (c) a place taken to be entered in the Register under Schedule 1 (as enacted on the commencement of this Act); structure includes a fence, wall or ruin. (2) For the purposes of this Act, a place of geological, palaeontological, speleological or archaeological significance is a place so designated by the South Australian Heritage Council under section 14(7). (3) For the purposes of this Act, a person is an associate of another if— (a) they are partners; or (b) 1 is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (d) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (g) a chain of relationships can be traced between them under any 1 or more of the above paragraphs. (4) For the purposes of subsection (3), a beneficiary of a trust includes an object of a discretionary trust. Part 2—Administration Division 1—South Australian Heritage Council 4—South Australian Heritage Council The South Australian Heritage Council is established. 5—Composition of Council (1) The Council consists of the following members appointed by the Minister: (a) not less than 6 and not more than 8 persons who, in the opinion of the Minister, have knowledge of or experience in history, archaeology, architecture, the natural sciences, heritage conservation, public administration, urban and regional planning or property development (or any combination of 2 or more of these fields), or some other relevant field; and (b) 1 person with knowledge of or experience in heritage conservation chosen from a panel of 3 such persons submitted to the Minister by the Local Government Association of South Australia. (2) Before filling a vacancy in the membership of the Council under subsection (1)(a), the Minister must, by notice published on a website determined by the Minister or by such other means prescribed by the regulations, invite interested members of the public to submit (within 14 days of the advertisement) the names of persons whom they regard as suitable candidates for the vacancy. (3) At least 1 member of the Council must be a woman and at least 1 member must be a man. (4) The Minister will designate a member of the Council to chair meetings of the Council. (5) The members of the Council will designate one of their members to chair meetings of the Council in the absence of the person designated under subsection (4) and that designation will apply for a period, not exceeding 12 months, determined by the members (and may then be renewed or revised as the members think fit). (6) The Minister may appoint a suitable person to act as a member of the Council in the absence of a member. 5A—Functions of the Council (1) The Council has the following functions: (a) to provide advice (especially from a strategic perspective) to the Minister on matters relating to— (i) trends, shortcomings and opportunities with respect to heritage protection at the State and local level and, insofar as may be relevant, at the national level; and (ii) the development and effectiveness of heritage conservation programs, policies, initiatives and incentives; and (iii) the operation and enforcement of this Act; and (iv) other issues referred to the Council by the Minister for consideration and report; (b) in connection with the administration of this Act— (i) to administer the South Australian Heritage Register; and (ii) to identify places, and related objects, of State heritage significance, and to enter them in the Register; and (iii) to identify areas of State heritage significance, and to promote their establishment, in appropriate cases, as State Heritage Areas under the Development Act 1993; and (iv) to initiate or support community awareness programs that promote public understanding and appreciation of the State's heritage, taking into account the objects of this Act; and (v) to promote the objects of this Act in such other manner as the Council thinks fit, including through the work of other bodies or persons; (c) to provide advice (especially from a strategic perspective) to the Minister to whom the administration of the Development Act 1993 is committed on matters relating to— (i) the interpretation or application of the criteria set out in section 23(4) of that Act (and, if appropriate, the consideration of any potential amendment with respect to those criteria); and (ii) other matters on which that Minister is required to consult with the Council under the provisions of that Act; (d) to perform any other function assigned to the Council by or under this or any other Act. (2) The Council may— (a) establish criteria that are to be taken into account when determining whether an area should be established as a State Heritage Area; and (b) establish guidelines that are to be used in the interpretation or application of— (i) the criteria that apply under paragraph (a); (ii) the criteria set out in section 16. (3) The Council must establish and maintain a list of persons who are recognised by the Council as being appropriately qualified (including by virtue of their skills or experience) for the purposes of this Act, or for the purposes of those provisions of the Development Act 1993 that are relevant to heritage. 6—Conditions of membership (1) A member of the Council will be appointed for a term of office, not exceeding three years, specified in the instrument of appointment and, on completion of a term of appointment, will be eligible for reappointment. (2) The Minister may remove a member of the Council from office for— (a) mental or physical incapacity; or (b) neglect of duty; or (c) misconduct. (3) The office of a member of the Council becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office by the Minister under subsection (2). (4) An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 7—Proceedings of Council (1) The member designated by the Minister to chair meetings of the Council will preside at a meeting of the Council or, in the absence of that member, the appropriate member designated by the members of the Council will preside or, in the absence of both of them, a member chosen by those present will preside. (2) The prescribed number of members of the Council constitutes a quorum of the Council. (3) A decision carried by a majority of the votes of the members present at a meeting of the Council is a decision of the Council. (4) Each member present at a meeting of the Council is entitled to one vote on any matter arising for decision at that meeting and, if the votes are equal, the person chairing the meeting is entitled to a second or casting vote. (5) A conference by telephone or other electronic means between the members of the Council will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Council for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (5a) A proposed resolution of the Council in connection with a prescribed urgent matter becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if— (a) notice of the proposed resolution is given to all members of the Council in accordance with procedures determined by the Council; and (b) a majority of the members express concurrence in the proposed resolution by letter, fax, e‑mail or other written communication setting out the terms of the resolution. (6) A meeting of the Council is to be open to the public unless the Council considers it necessary and appropriate to exclude the public in order to enable the Council to consider in confidence any matter that it considers to be confidential or if it considers that exclusion necessary to protect a place that is or may be of heritage significance. (7) The minutes of meetings of the Council must be available for public inspection without charge. (8) In this section, the prescribed number of members of the Council is a number ascertained by dividing the total number of members of the Council for the time being in office by 2, ignoring any fraction resulting from the division, and adding 1. (9) In this section— prescribed urgent matter means— (a) the provisional entry of a place in the Register under section 17(2)(b); or (b) the making of an order under section 30(1). 7A—Committees (1) The Council— (a) must establish the committees required by the regulations; and (b) may establish such other committees as the Council thinks fit, to advise or assist the Council. (2) A committee established under subsection (1) may, but need not, consist of or include members of the Council. (3) The procedures to be observed in relation to the conduct of business of a committee will be— (a) as prescribed by regulation; or (b) insofar as the procedure is not prescribed by regulation—as determined by the Council; or (c) insofar as the procedure is not prescribed by regulation or determined by the Council—as determined by the committee. (4) The Council must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section (which may include a requirement for the approval of the Minister before a Committee, or Committee of a specified class, may be established under subsection (1)). 8—Delegation (1) Subject to this section, the Council may delegate a power or function under this Act— (a) to a member of the Council; or (b) to a committee established by the Council; or (c) to a person for the time being holding or acting in a particular office or position; or (d) to any other person or body. (2) A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter. (3) The Council may not delegate the following powers or functions: (a) to confirm a provisional entry in the Register; (b) to decide not to confirm a provisional entry in the Register; (c) to remove or alter an entry in the Register relating to a State Heritage Place under section 23. 9—Remuneration A member of the Council is entitled to such fees and allowances as may be determined by the Minister. Division 2—South Australian Heritage Fund 10—South Australian Heritage Fund (1) The State Heritage Fund continues in existence as the South Australian Heritage Fund. (2) The Fund consists of— (a) any money appropriated by Parliament for the purposes of the Fund; and (b) any money provided by the Government of the Commonwealth for the purposes of this Act; and (c) any money received by the Council for the purposes of this Act by way of fees, gift, bequest or in any other way; and (d) any money received by the Minister for the purposes of this Act by way of gift, bequest or in any other way; and (e) any income derived from investment of the Fund; and (f) any other money that is required or authorised by or under this Act to be paid into the Fund. (3) The Minister may invest money standing to the credit of the Fund that is not immediately required for the purposes of this Act in such manner as may be approved by the Treasurer. (4) The Minister may, with the consent of the Treasurer, borrow money for the purposes of the Fund. (5) A liability incurred with the consent of the Treasurer under subsection (4) is guaranteed by the Treasurer. 11—Accounts and audit (1) The Minister must cause proper accounts to be kept of the receipts and payments from the Fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund. 12—Application of money from Fund (1) The Minister may apply money from the Fund in furtherance of the objects of this Act. (2) The Minister must, in relation to the management and application of the Fund, seek and consider any advice (provided from a strategic perspective) from the Council. Part 3—South Australian Heritage Register 13—The Register (1) The State Heritage Register continues in existence as the South Australian Heritage Register. (2) The Register is to be maintained by the Council in accordance with this Act. 14—Content of Register (1) The Register will contain a description or notes with respect to— (a) any place entered (either as a provisional or confirmed entry) in the Register under Part 4; and (b) any place taken to be entered in the Register under Schedule 1 (as enacted on the commencement of this Act); and (c) any local heritage place designated by a Development Plan; and (d) any State Heritage Area; and (e) any local heritage zone or local heritage policy area established by a Development Plan; and (f) any place within the State— (i) entered in any register of places of natural or historic significance; or (ii) declared to be a World Heritage Property, under a law of the Commonwealth; and (g) any heritage agreement; and (h) any other matter prescribed by the regulations. (2) The Council may, in relation to a place or area entered in the Register— (a) include as part of the entry for the place any tree, component or other item, feature or attribute that, in the opinion of the Council, forms part of, or contributes to, the heritage significance of the place or area; or (b) include as part of the Register any object (not necessarily being located at the relevant place or area) that is, in the opinion of the Council, an object of heritage significance. (3) Anything included or entered under subsection (2) will be taken to form part of the relevant place or area for the purposes of this Act, and this Act will apply to it in the same way as it applies to the place or area (subject to any provision made by this Act or any necessary modifications, or any modifications prescribed by the regulations in connection with the operation of this section). (4) If there is an inconsistency between the Register and a Development Plan— (a) in a case involving an entry in the Register under subsection (1)(a) or (b)—the entry in the Register will prevail to the extent of the inconsistency; (b) in a case involving a place or area that may be entered in the Register under subsection (1)(c), (d), or (e)—any provision of the Development Plan will prevail to the extent of the inconsistency. (5) For the purposes of this section, the Council may— (a) alter the Register at any time to reflect any change effected under this Act or the Development Act 1993 that is relevant to information on the Register; (b) note any variation to a heritage agreement under this Act; (c) take such other steps as the Council thinks fit to keep the Register up-to-date. (6) The Council may include other information in the Register, or hold other information in association with the Register, as the Council thinks fit. (7) The Council may— (a) designate a State Heritage Place as— (i) a place of geological, palaeontological or speleological significance; or (ii) a place of archaeological significance; and (b) include that designation as part of the entry for the place in the Register. (8) The designation of a State Heritage Place as a place of geological, palaeontological or speleological significance or a place of archaeological significance may occur on or after the provisional entry of the place in the Register (or after the confirmation of that entry). 15—Register to be available for public inspection (1) The Register must be kept available for public inspection during ordinary office hours at an office designated by the Minister. (1a) The Register may be kept in the form of a computer record. (2) The Council must, on application by a member of the public, and payment of a fee fixed by the regulations, provide the applicant with a certified copy of an entry in the Register. (3) The Council may make the Register available on a website established or approved by the Council. (4) Despite a preceding subsection, if the Council considers that the public disclosure of the location of a particular place or object would put the protection or conservation of the place or object at risk, the Council may exclude the location of the place or object from public inspection or access under this section. Part 4—Registration of places Division 1—Criteria for registration 16—Heritage significance (1) A place is of heritage significance if it satisfies one or more of the following criteria: (a) it demonstrates important aspects of the evolution or pattern of the State's history; or (b) it has rare, uncommon or endangered qualities that are of cultural significance; or (c) it may yield information that will contribute to an understanding of the State's history, including its natural history; or (d) it is an outstanding representative of a particular class of places of cultural significance; or (e) it demonstrates a high degree of creative, aesthetic or technical accomplishment or is an outstanding representative of particular construction techniques or design characteristics; or (f) it has strong cultural or spiritual associations for the community or a group within it; or (g) it has a special association with the life or work of a person or organisation or an event of historical importance. (2) An object is of heritage significance if— (a) it is an archaeological artefact, or any other form of artefact that satisfies 1 or more of the criteria set out in subsection (1); or (b) it is a geological, palaeontological or speleological specimen that satisfies 1 or more of the criteria set out in subsection (1); or (c) it is an object that is intrinsically related to the heritage significance of a State Heritage Place or a State Heritage Area. Division 2—Registration process 17—Proposal to make entry in Register and inclusion of related designations (1) The Council may, on its own initiative or on application by any person, consider whether a particular place within the State should be entered in the Register. (2) If the Council is of the opinion— (a) that a place is of heritage significance; or (b) that a place should be protected while an assessment of its heritage significance is carried out, it may provisionally enter the place in the Register. (2a) Provisional entry of a place in the Register takes effect— (a) if the decision to provisionally enter the place in the Register is made by resolution of the Council—from the making of the resolution; or (b) if the decision to provisionally enter the place in the Register is made by a person or body authorised to make the decision pursuant to a delegation under section 8—from the authorisation of the entry in writing by the person or body. (4) If a place is provisionally entered in the Register, the Council must— (a) give each owner of land constituting the place a written notice— (i) stating the reasons for provisional entry of the place and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance, stating the reasons for that designation; and (ii) explaining that the owner has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and (b) give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations— (i) that the Council has provisionally entered the place in the Register; and (ii) if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance—that the place has been so designated; and (iii) explaining that any person has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and (c) give written notice to the Minister of the entry (and any relevant designation); and (d) if the place is within the area of a local council—give written notice to the local council of the entry (and any relevant designation). (5) If the Council has, in relation to a place or area entered in the Register, also entered in the Register an object under section 14(2)(b), the Council must— (a) give the owner of the object a written notice— (i) stating the reasons for entering the object in the Register; and (ii) explaining that the owner has a right to make submissions, within 3 months from the date of the notice, in relation to the entry; and (b) give written notice to the Minister of the entry. (6) The entry of an object under section 14(2)(b)— (a) if the entry is in relation to a place, may occur on or after the provisional entry of the place in the Register (or after the confirmation of that entry); and (b) will, at first instance, be taken to be a provisional entry. (7) If the Council, in relation to a State Heritage Place entered in the Register as a confirmed entry, subsequently designates the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7), the Council must— (a) give each owner of the land constituting the place a written notice— (i) stating the reasons for the designation; and (ii) explaining that the owner has a right to make submissions, within 3 months from the date of the notice, in relation to the designation; and (b) give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations— (i) that the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance; and (ii) explaining that any person has a right to make written submissions, within 3 months of the date of the notice, in relation to the designation; and (c) give written notice to the Minister of the designation; and (d) if the place is within the area of a local council—give written notice to the local council of the designation. (8) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 18—Submissions etc in relation to provisional entries in Register and related designations (1) Subject to this section, if the Council gives notice that it has made a provisional entry in the Register, any person may, within 3 months after the notice is given, make written representations to the Council on— (a) whether the entry should be confirmed; and (b) if the provisional entry includes a designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7)—the designation. (1a) If the Minister is of the opinion that the period that applies under subsection (1) should be extended in the public interest, the Minister may, by notice in the Gazette, extend that period for a further period of up to 3 months. (2) If a person who makes written representations under this section seeks to appear personally before the Council to make oral representations, the Council must, unless the submission is frivolous, allow that person a reasonable opportunity to do so. (3) The Council must consider all written and oral representations made under this section. (4) If, after considering the representations (if any) made under this section, the Council is of the opinion that the entry in the Register should be confirmed, the Council may, subject to any direction of the Minister under this section, confirm the entry. (4a) If the provisional entry in the Register is confirmed, the Council may, after considering the representations (if any) made under this section in relation to the designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, subject to any direction of the Minister, determine whether to retain or revoke the designation. (5) Confirmation of an entry in the Register takes effect from the making of the resolution by the Council to confirm the entry. (6) If the Minister is of the opinion that— (a) the confirmation of a provisional entry in the Register; or (b) the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, may be contrary to the public interest the Minister may, by instrument in writing, direct the Council to defer making a decision on— (c) whether or not to confirm the entry; or (d) whether to retain or revoke the designation, until the Minister determines the matter (and the Council must comply with any direction of the Minister under this subsection). (7) If the Minister is of the opinion that the confirmation of a provisional entry in the Register would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the entry be removed from the Register. (7aa) If the Minister, not having directed under subsection (7) that the provisional entry of a place, being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance, be removed, is of the opinion that such designation of the place would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the designation be revoked. (7a) The Minister must, when acting under subsection (7) or (7aa), set out the grounds on which the Minister considers that the confirmation of the provisional entry, or the designation of the place, (as the case requires) would be contrary to the public interest. (7b) The Minister may act under subsection (6) or (7) at any time after the provisional entry has been made in the Register. (7c) If— (a) the Council, after considering the representations (if any) made under this section, is of the opinion that a provisional entry should not be confirmed; or (b) the Minister directs the removal of a provisional entry from the Register, the Council must remove the provisional entry (including any related designation) from the Register. (7ca) If the provisional entry of a place (being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance) has been confirmed under this section and— (a) the Council, after considering the representations (if any) made under this section in relation to the designation of the place, is of the opinion that the designation should be revoked; or (b) the Minister directs that the designation be revoked, the Council must remove the designation from the relevant entry in the Register. (7d) Notice of the confirmation or removal of a provisional entry, and if relevant, the retention or revocation of a designation in relation to the entry must be given— (a) by written notice to the owner of land constituting the relevant place and, if the entry relates to or includes an object under section 14(2)(b), to the owner of the object; and (b) by notice published on a website determined by the Minister or by such other means prescribed by the regulations; and (c) by written notice to the Minister; and (d) if the relevant place is within the area of a local council—by written notice to the local council. (8) Written notice to the owners of land constituting the place of a decision to confirm an entry of the place must explain to what extent (if any) development of the place is controlled under the Development Plan relating to the area in which the place is situated. (9) The Council must take all reasonable steps to make a decision about whether a provisional entry should or should not be confirmed, and whether any related designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be retained or revoked, within 12 months after the date on which the entry was made and if the Council fails to make a decision within that period or such longer period as is allowed by the Minister under this subsection in the particular case, the provisional entry must be removed from the Register. (10) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 18A—Submissions etc in relation to designation of confirmed State Heritage Places as being places of particular significance (1) Subject to this section, if, in relation to a State Heritage Place entered in the Register as a confirmed entry, the Council gives notice under section 17(7) that it has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, any person may, within 3 months after the notice is given, make written representations to the Council in relation to the designation. (2) If the Minister is of the opinion that the period that applies under subsection (1) should be extended in the public interest, the Minister may, by notice in the Gazette, extend that period for a further period of up to 3 months. (3) If a person who makes written representations under this section seeks to appear personally before the Council to make oral representations, the Council must, unless the submission is frivolous, allow that person a reasonable opportunity to do so. (4) The Council must consider all written and oral representations made under this section. (5) After considering the representations (if any) made under this section, the Council may, subject to any direction of the Minister under this section, retain or revoke the designation of a State Heritage Place as a place of geological, palaeontological or speleological significance or a place of archaeological significance. (6) If the Minister is of the opinion that the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance may be contrary to the public interest the Minister may, by instrument in writing, direct the Council to defer making a decision on whether to retain or revoke the designation, until the Minister determines the matter (and the Council must comply with any direction of the Minister under this subsection). (7) If the Minister is of the opinion that the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the designation be revoked. (8) The Minister must, when acting under subsection (7), set out the grounds on which the Minister considers that such a designation of the place would be contrary to the public interest. (9) If— (a) the Council, after considering the representations (if any) made under this section, is of the opinion that a designation should be revoked; or (b) the Minister directs that a designation be revoked, the Council must remove the designation from the relevant entry in the Register. (10) Notice of the retention or revocation of a designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance must be given— (a) by written notice to the owner of land constituting the relevant place; and (b) on a website determined by the Minister or by such other means prescribed by the regulations; and (c) by written notice to the Minister; and (d) if the relevant place is within the area of a local council—by written notice to the local council. (11) The Council must take all reasonable steps to make a decision about whether a designation should be retained or revoked within 12 months after the date on which the designation was made and if the Council fails to make a decision within that period or such longer period as is allowed by the Minister under this subsection in the particular case, the designation must be revoked. (12) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 19—Registration in Lands Titles Registration Office Where a provisional entry in the Register is made, the Registrar-General must, on application by the Council, note the entry against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. 20—Appeals (1) If an owner of land constituting a place provisionally entered in the Register makes written representations to the Council with respect to that entry, the owner may, subject to this section, appeal to the Court against a decision to confirm or not to confirm the provisional entry. (1aa) If an owner of land constituting a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance in the Register makes written representations to the Council with respect to that designation, the owner may, subject to this section, appeal to the Court against a decision to retain or revoke the designation. (1a) If an owner of an object provisionally entered in the Register makes written representations to the Council with respect to that entry, the owner may, subject to this section, appeal to the Court against a decision to confirm or not to confirm the provisional entry. (1b) No appeal lies under this section against— (a) the removal of a provisional entry at the direction of the Minister under this Division; or (b) the revocation of a designation at the direction of the Minister under this Division. (2) The appeal must be commenced within two months after notice is given of the decision under appeal or such longer period as the Court may allow. (3) On an appeal under this section, the Court may— (a) confirm, vary or reverse a decision under appeal; and (b) remit the matter to the Council for further consideration or for reconsideration; and (c) make consequential or ancillary orders. 21—Correction of errors (1) The Council may correct any inaccuracies or errors in an entry in the Register that come to its attention. (2) If the Council takes action under subsection (1), the Council must give written notice of the correction to any person who, in the opinion of the Council, has a direct interest in the matter. (3) Subsection (2) does not apply if the Council determines that the correction is only of minor significance. Division 3—Certificate of exclusion 22—Certificate of exclusion (1) The owner of land may apply to the Council for a certificate of exclusion in respect of that land. (2) An application must be accompanied by the fee fixed in the regulations (which may be fixed according to the value of the land concerned). (3) The Council may (in its discretion) determine whether or not to invite public submissions on the question of whether the application should be granted (but must, in deciding whether or not to invite public submissions, take into account the extent to which the criteria set out in Division 1 may apply to the relevant land). (5) If a certificate of exclusion is issued in respect of land, any place within the land may not be entered in the Register under this Part within five years after the date of the certificate. Division 4—Removal or alteration of designation 23—Council may act if registration at State level not justified (1) If the Council— (a) after taking into account the criteria set out in Division 1, is of the opinion that an entry relating to a place in the Register as a State Heritage Place is no longer justified, or that an entry relating to a State Heritage Place should be altered by excluding part of the place to which the entry applies; or (b) is of the opinion that an entry relating to a place in the Register that has been designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be altered by varying or revoking the designation, it may give notice of its intention to alter the Register by removing or altering the entry (as the case requires), and invite written representations on the proposal— (c) by notice in writing to the owner of land constituting the place and, if the entry relates to or includes an object under section 14(2)(b), to the owner of the object; and (d) by notice published on a website determined by the Minister or by such other means prescribed by the regulations; and (e) if the place is within the area of a local council—by notice in writing to the local council. (2) The Council must consider any representations made in response to the notice within three months of the date of the notice. (3) If the Council, after considering the representations (if any) made in response to the notice, remains of the opinion that the entry should be removed or altered, it may remove or alter the entry accordingly. (4) Written notice of the removal or alteration of an entry under this section must be given to the Minister, the Registrar-General, the owner or owners of the land constituting the place (and, if relevant, the owner or owners of any object) and, if the place is within the area of a local council, the local council. (5) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 24—Alteration of Register if place to be designated as place of local heritage value (1) If the Council is of the opinion that a place, or a part of a place, entered in the Register as a State Heritage Place should instead be designated as being a place of local heritage value, the Council must invite written representations on the matter— (a) from the owner of the land constituting the place; and (b) from the local council in whose area the place is situated (if the place is within the area of a local council), within a period (being a period of at least 28 days) specified by the Council. (2) The Council must also, on the basis of a request made within the period that applies under subsection (1) (or within such longer period as the Council may allow), allow the owner of the land or, in the case of a local council, a representative of the local council, to appear personally before the Council to make oral representations. (3) If, after considering the representations (if any) made under this section, the Council is of the opinion that the relevant place should be designated as being a place of local heritage value, the Council may— (a) recommend to the Minister to whom the administration of the Development Act 1993 is committed that an amendment be made to a Development Plan under section 29 of that Act so that the place or part of the place (as the case may be) is designated as a place of local heritage value; and (b) if or when the amendment is made to the Development Plan, make any alteration to the Register as it thinks fit. (4) Written notice of an alteration to the Register under this section must be given to the Minister, the Registrar-General, the owner or owners of land constituting the place and, if the place is within the area of a local council, the local council. Part 5—Special protection Division 1—Places or objects of particular significance 25—Places of geological, palaeontological or speleological significance A person must not, without a permit from the Council— (a) excavate or disturb a State Heritage Place designated as a place of geological, palaeontological or speleological significance; or (b) remove geological, palaeontological or speleological specimens from such a place. Maximum penalty: $75 000. 26—Places of archaeological significance A person must not, without a permit from the Council— (a) excavate or disturb a State Heritage Place designated as a place of archaeological significance; or (b) remove archaeological artefacts from such a place. Maximum penalty: $75 000. 27—Protection of archaeological artefacts (1) A person must not, without a permit from the Council— (a) excavate or disturb any land (not designated as a place of archaeological significance) for the purpose of searching for or recovering archaeological artefacts of heritage significance; or (b) excavate or disturb any land (not designated as a place of archaeological significance) knowing or having reasonable cause to suspect that the excavation or disturbance will or is likely to result in an archaeological artefact of heritage significance being discovered, exposed, moved, damaged or destroyed. Maximum penalty: $75 000. (2) A person who is aware or believes that he or she may have discovered or located an archaeological artefact of heritage significance (other than a person acting under the authority of a permit) must— (a) cease to excavate or disturb the place where the relevant object has been discovered (if relevant); (b) within the period specified by the regulations— (i) notify the Council of the location of the relevant object, unless the person has reasonable grounds to believe that the Council is aware of the location of the relevant object; and (ii) furnish the Council with such information as the Council may reasonably require; (c) take no further action in relation to the recovering of the relevant object without a permit or other authorisation from the Council; (d) if required by the Council, surrender the relevant object to the Crown. Maximum penalty: $25 000. (3) The Council may, by notice in the Gazette, create exceptions to this section, either conditionally or unconditionally, in respect of any of the following: (a) any object of a specified kind or description; (b) any excavation or disturbance of a specified kind or description; (c) any excavation or disturbance of land in a specified location or having specified features or attributes; (d) any excavation or disturbance of land in respect of which an archaeological assessment approved by the Council indicates— (i) that there is little likelihood of there being any archaeological artefacts in the land; or (ii) that any archaeological artefacts in the land are unlikely to be of heritage significance; (e) any other circumstance determined to be appropriate by the Council. (4) Subsection (2) does not apply in relation to a person who discovered the relevant object before the commencement of this section. (5) This section does not prevent a person from excavating or disturbing land in accordance with an authority or permit under— (a) the Aboriginal Heritage Act 1988; or (b) the Historic Shipwrecks Act 1981; or (c) any other Act prescribed by the regulations for the purposes of this subsection. 28—Damage to or disposal of objects (1) A person must not, without a permit from the Council, damage, destroy or dispose of— (a) a geological, palaeontological or speleological specimen removed from a State Heritage Place designated as a place of geological, palaeontological or speleological significance (whether removed before or after the entry of that place in the Register); or (b) an archaeological artefact removed from a State Heritage Place designated as a place of archaeological significance (whether removed before or after the entry of that place in the Register). Maximum penalty: $75 000. (2) A person must not, without a permit from the Council, damage, destroy or dispose of an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b). Maximum penalty: $75 000. (3) A person must not, without a permit from the Council, alter an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b) in a way that would materially affect the heritage significance of the object. Maximum penalty: $75 000. (4) It is a defence to a charge of an offence under subsection (1), (2) or (3) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence be expected to have known, that the specimen or artefact came from a State Heritage Place with the relevant designation, or that the object was entered in the Register (as the case may be). 29—Permits (1) A permit may be granted on such conditions as the Council thinks fit and those conditions may, for example— (a) require that the operations to be carried out in pursuance of the permit be supervised by a person with appropriate professional qualifications and experience specified in the permit; (b) provide for the notification of the discovery or recovery of any specified classes of specimens, artefacts or other objects under the permit; (c) provide that geological, palaeontological or speleological specimens, archaeological artefacts or other objects recovered or removed in the course of the operations are to belong to the Crown; (d) make provision for the protection and curation of any such specimens, artefacts or other objects. (2) If an application for a permit under this Act relates to an area within a River Murray Protection Area, the Council must, in considering the application, take into account, and seek to further, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (3) If an application for a permit under this Act relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Council must, before making its decision on the application— (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister). (4) The Council may, at any time by notice given to the holder of a permit— (a) vary or revoke the permit; or (b) vary or revoke a condition of a permit. (5) A person must not contravene or fail to comply with a condition of a permit. Maximum penalty: $75 000. (6) A person who is dissatisfied with a decision of the Council— (a) with respect to his or her application for a permit; or (b) in the exercise of a power under subsection (1) or (4), may appeal to the Minister. (7) On an appeal, the Minister may— (a) confirm, vary or reverse the decision under appeal; or (b) remit the matter to the Council for further consideration or reconsideration. (8) A decision of the Minister under subsection (7)(a) will have effect as if it were a decision of the Council. 29A—Related matters—objects (1) A person must not, without the consent of the Council, buy or sell an object that the person knows, or has reasonable grounds to believe, has been recovered in contravention of this Division. Maximum penalty: $10 000. (2) If the Council believes on reasonable grounds that a person has possession of an object that has been recovered in contravention of this Division, the Council may, by notice in writing, require the person to surrender the object to the Crown. (3) A person must not fail to comply with a requirement under subsection (2). Maximum penalty: $10 000. (4) No compensation is payable to a person as a consequence of the surrender of an object to the Crown under this Division. Division 2—Emergency protection 30—Stop orders (1) If the Council is of the opinion— (a) that a place has sufficient heritage significance to justify its preservation, or that a place should be evaluated in order to determine whether its heritage significance justifies its preservation; and (b) that an order under this section is necessary to protect the place, the Council may make an order requiring a person to stop any work or activity, or prohibiting a person from starting any work or activity, that may destroy or reduce the heritage significance of that place. (2) An order under subsection (1) takes effect on service of notice of the order on the person and ceases to have effect 12 working days after that service unless confirmed by the Court under this section. (3) If the Council makes an order under subsection (1)— (a) the Council must forthwith apply to the Court for an order under this section; and (b) if the place is not entered in the Register, provisionally enter the place in the Register. (4) On application under subsection (3) the Court may— (a) — (i) confirm the Council's order; or (ii) make, in substitution for the Council's order, any other order that the Court thinks necessary to protect the place; or (iii) revoke the Council's order; and (b) make any consequential or ancillary order. (5) If a place that is subject to an order under this section is removed from the Register, the order ceases to have any effect. (6) A person who contravenes or fails to comply with an order under this section is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$500 000. Part 6—Heritage agreements 32—Heritage agreements (1) The Minister may, after seeking and considering the advice of the Council, enter into a heritage agreement with the owner of land constituting a State Heritage Place. (2) A heritage agreement attaches to the land and is binding on— (a) the current owner of the land, whether or not that owner was the person with whom the heritage agreement was made; and (b) to the extent specified in the agreement—the current occupier of the land (as may be the case from time to time). (3) Subject to Schedule 2, the Minister may, after seeking and considering the advice of the Council, by agreement with the owner of the land to which a heritage agreement applies, vary or terminate the heritage agreement. (4) An agreement varying or terminating a heritage agreement must be made in a manner and form determined by the Minister. (5) The Minister must take reasonable steps to ensure that the occupier of the land is consulted before a heritage agreement is entered into or varied so as to bind the occupier in the manner contemplated by subsection (2)(b). 33—Effect of heritage agreement (1) A heritage agreement may contain any provision to promote the conservation of State Heritage Places and public appreciation of their importance to South Australia's cultural heritage. (2) A heritage agreement may, for example— (a) restrict the use of land to which it applies; (b) require specified work or work of a specified kind to be carried out in accordance with specified standards on the land; (c) restrict the nature of work that may be carried out on the land; (d) provide for— (i) the management, occupation, use or future use of the land, or any place on or in the land; or (ii) the management of any specimens or artefacts on or in the land, in accordance with a particular management plan or in accordance with management plans to be agreed from time to time between the Minister and the owner; (e) provide for financial, technical or other professional advice or assistance to the owner with respect to the maintenance or conservation of the land or any place, specimens or artefacts on or in the land; (f) provide for remission of rates or taxes in respect of the land; (g) provide that specified regulations made under section 37 of the Development Act 1993 do not apply to the land. (3) A heritage agreement may not provide for the remission of rates payable to a local council unless the local council is a party to the agreement. 34—Registration of heritage agreements (2) When the Minister enters into a heritage agreement the Registrar-General must, on application by the Minister or another party to the agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. (3) When the Minister enters into an agreement varying or terminating a heritage agreement, the Registrar-General must, on application by the Minister or another party to the agreement, enter an appropriate note against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land. 35—Enforcement of heritage agreements (1) If— (a) a party to a heritage agreement fails to comply with it; or (b) there is reason to apprehend that a party to a heritage agreement may fail to comply with it, any other party to the agreement may apply to the Court for an order under this section. (2) On such an application, the Court may make such orders as are necessary to secure compliance with the agreement, or to remedy the default, and to deal with any related or incidental matters. Part 7—Miscellaneous 36—Damage or neglect (1) A person who— (a) intentionally or recklessly damages a State Heritage Place; or (b) engages in conduct knowing that it will or might, or being recklessly indifferent as to whether it will or might, destroy or reduce the heritage significance of a State Heritage Place, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$500 000. (2) A person who undertakes any action that— (a) damages a State Heritage Place; or (b) destroys or reduces the heritage significance of a State Heritage Place, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (3) A person who— (a) fails to take reasonable care of a State Heritage Place; or (b) fails to comply with any prescribed requirement concerning— (i) the protection of a State Heritage Place; or (ii) the state of repair of a State Heritage Place, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (4) It is a defence for a charge against subsection (3) if it is proved that the defendant did not know, and could not reasonably be expected to know, that a place was a State Heritage Place. (5) This section does not apply to damage resulting from action authorised by an approval or authorisation under the Development Act 1993 or from operations authorised under the Mining Act 1971, the Opal Mining Act 1995, the Petroleum Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Offshore Minerals Act 2000. 38—No development orders (1) If the owner of a place is convicted of an offence against section 30 or 36 the Court may, in addition to imposing a penalty for the offence, order that no development of the place may be undertaken during a period (not exceeding 10 years) fixed by the Court except for the purpose of making good any damage caused through the commission of the offence or