Australian Capital Territory Numbered Acts

HERITAGE ACT 2004 (NO. 57 OF 2004) - SECT 3

    (1)     The main objects of this Act are as follows:

        (a)     to establish a system for the recognition, registration and conservation of natural and cultural heritage places and objects, including Aboriginal places and objects;

        (b)     to establish the heritage council;

        (c)     to provide for heritage agreements to encourage the conservation of heritage places and objects;

        (d)     to establish enforcement and offence provisions to provide greater protection for heritage places and objects;

        (e)     to provide a system integrated with land planning and development to consider development applications having regard to the heritage significance of places and heritage guidelines.

    (2)     A function under this Act must be exercised—

        (a)     to preserve the heritage significance of places and objects; and

        (b)     to achieve the greatest sustainable benefit to the community from places and objects consistent with the conservation of their heritage significance.

    (3)     If the exercise of the function involves conduct that would adversely affect the heritage significance of a place or object, the conduct may be engaged in only if—

        (a)     there is no feasible or prudent alternative; and

        (b)     all measures that can reasonably be taken to minimise the adverse effect are taken.