Heritage Regulations 2003

No. 5 of 2003

Compilation No. 1

Compilation date:   13 October 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015)

HERITAGE REGULATIONS 2003

TABLE OF PROVISIONS

PART 1  —  PRELIMINARY

 1. Short title

 2. Commencement

 3. Interpretation

 4. Forms

PART 2  —  the Norfolk Island Heritage Register

Division 1  —  Heritage proposals

 5. Application to vary Heritage Register

 6. Professional advice and preliminary heritage assessment

 7. Public consultation on making or varying the Heritage Register

 8. Public consultation period

 9. Report by Chief Executive Officer for the Minister

 10. Consideration and assessment by the Board

 11. Recommendation to the Minister

 12. Statement of heritage significance of proposed heritage item

 13. Notices after Minister’s decision

Division 2  —  Management of heritage items

 14. Conservation management plans

Heritage Regulations 2003

PART 1  —  PRELIMINARY

Short title

 1. These regulations may be cited as the Heritage Regulations 2003.

Commencement

 2. These regulations shall commence on the day on which notification of their being made is published in the Gazette.

Interpretation

 3. In these regulations, unless the contrary intention appears —

“Act” means the Heritage Act 2002;

“approved form” means a form approved by the Chief Executive Officer under regulation 4;

“heritage adviser” means a person appointed to the panel under section 22 of the Act;

Forms

 4. (1) If a provision of these regulations requires a person to use an approved form, the Chief Executive Officer must approve a form for the purpose of the provision.

 (2) A person may ask the Chief Executive Officer for a document setting out an approved form.

 (3) The Chief Executive Officer must comply promptly with the request.

PART 2  —  the Norfolk Island Heritage Register

Division 1  —  Heritage proposals

Application to vary Heritage Register

 5. A variation application to the Chief Executive Officer under section 8 of the Act shall be in the approved form.

Professional advice and preliminary heritage assessment

 6. (1) Before consulting the public on a heritage proposal under section 12 of the Act, the Minister may seek the advice of a heritage adviser on the merits of the heritage proposal.

  (3) Where the heritage proposal is as a result of an application to vary the Heritage Register, the Minister may determine that the cost of the provision of the advice shall be paid by the person who made a variation application or the Administration.

  (4) If the Minister determines the cost is payable by a person, the amount of the cost is a debt due and payable to the Administration by the person and may be recovered by the Administration in a court of competent jurisdiction.

Public consultation on making or varying the Heritage Register

 7. (1) A notice about a heritage proposal published in the Gazette under subsection 12(1) of the Act shall include the following —

(a) a description of the object or place to which the proposal applies which may include a map of the place;

(b) a statement on the heritage significance of the proposed heritage item;

(c) a statement that relevant supporting documentation on the proposal is available for inspection;

(d) a statement, under section 18 of the Act, about the interim effect as a listing of the proposed heritage item on the Heritage Register from a specified date;

(e) details of the venues where the proposal and accompanying information may be inspected;

(f) details of the dates and times that the proposal and accompanying information may be inspected;

(g) a statement that —

(i) any person may, by a specified date, make written submissions to the Chief Executive Officer about the proposal; and

(ii)               if a submission objects to the proposal, the grounds for objection must be specified in the submission.

  (2) The notice shall be published in the Gazette before the period for public consultation begins.

Public consultation period

 8. The minimum period for public consultation on the heritage proposal under section 12 of the Act shall be 28 days.

Report by Chief Executive Officer for the Minister

 9. (1) The report under section 14 of the Act from the Chief Executive Officer to the Board about the public consultation undertaken in relation to a heritage proposal shall include —

(a) details of who has been consulted about the heritage proposal including any public authorities or community groups; and

(b) details of who made a submission and a summary of the significant heritage issues raised in the submissions; and

(c) an analysis of those issues and how those issues have been dealt with; and

(d)               details of any changes to the heritage proposal made since it was made available for public inspection.

  (2) The Minister shall consider the report in making a decision under subsection 14(2) of the Act.

Consideration and assessment by the Board

 10. In its consideration of a heritage proposal, the Board shall —

(a) assess the heritage significance of the heritage proposal against the criteria for entry in the Heritage Register listed in the Act; and

(b) consider and take into account the following —

(i) the report on the public consultation prepared under Regulation 9;

(ii) where the proposal is a proposal to vary the Heritage Register, any supporting information submitted with the variation application;

(iii) any other documentation the Board considers necessary for the Board to consider the application and make a recommendation to the Minister.

Recommendation to the Minister

 11. The Board’s recommendation on a heritage proposal to the Minister shall be on whether or not —

(a)                where the heritage proposal is for the making of the Heritage Register, the Heritage Register should be made; or

(b)               the Heritage Register should be varied by listing the proposed heritage item; or

(c) the heritage proposal should be rejected; or

(d) further information to assist in consideration of the heritage proposal should be sought; or

(e) a person should be appointed under subsection 13(2) of the Act to investigate specified matters relating to the heritage proposal and make recommendations on the matters.

Statement of heritage significance of proposed heritage item

 12. (1) A recommendation by the Board to establish the Heritage Register shall be accompanied by statements of heritage significance for each proposed heritage item.

  (2)  A recommendation by the Board to vary the Heritage Register, by adding a proposed heritage item to the Heritage Register, shall be accompanied by a statement of the heritage significance of that item.

  (3) The statement of heritage significance shall —

(a) describe the nature of the object or place that has been recommended for listing; and

(b) state which of the criteria for entry in the Heritage Register listed in the Schedule to the Act are met for the item; and

(c) demonstrate how the item meets each of the criteria so met; and

(d) indicate which of the four distinct settlement periods of Norfolk Island is most significant and best relates to the proposed heritage item.

  (4) The statement of significance shall be included in a statement of reasons for inclusion of the heritage item in the Heritage Register and shall accompany the entry in the Heritage Register.

Notices after Minister’s decision

 13. (1) Notice of the making of the Heritage Register or to vary the Heritage Register shall be published in accordance with section 16 of the Act in the Gazette within 10 days of the Minister’s decision.

  (2)  The notice shall —

(a) describe the object or place to which the heritage proposal applies; and

(b) state details on any changes to the heritage proposal since it was made available for public inspection; and

(c) include a statement about the commencement of the Heritage Register or variation under section 17 of the Act; and

(d) include a statement about where and when the Heritage Register is available for inspection.

  (3) Notice of a decision to withdraw a heritage proposal under subsection 14(4) of the Act, shall be published within 10 days of the Minister’s decision and include the reasons for the decision.

Division 2  —  Management of heritage items

Conservation management plans

 14. (1) The Minister may from time to time approve a conservation management plan for any heritage item for the conservation of that item.

  (2) The Minister may specify the form and content of the conservation management plan.

  (3) The conservation management plan shall address matters necessary for the conservation of the item.

NOTES

The Heritage Regulations 2003 as shown in this consolidation comprises regulations No. 5 of 2003 and amendments as indicated in the Tables below.

Table of Amendments