Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 3A

    (1)     A function under this Act must be exercised in a way that, as far as practicable, achieves the following:

        (a)     the conservation of—

              (i)     places and objects with heritage significance; and

              (ii)     Aboriginal places and objects;

        (b)     the maximisation of the community's ability to benefit from the places and objects, without adversely affecting—

              (i)     the ongoing conservation of the places and objects; and

              (ii)     any thing that forms an important part of the heritage significance of the place or thing.

    (2)     However, if the exercise of a function would result in harm to a place or object with heritage significance, or an Aboriginal place or object, the function may be exercised only if the entity or person exercising the function—

        (a)     is satisfied that it is not reasonably practicable to exercise the function in a way that avoids the harm; and

        (b)     identifies all reasonable steps that must be taken to minimise the extent of the harm.