Australian Capital Territory Numbered Acts

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HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 7

Sections 8 to 10

substitute

8     Meaning of object and place

In this Act:

object means a natural or manufactured object, but does not include a building or any other man-made structure.

"place" includes the following:

        (a)     a site, precinct or parcel of land;

        (b)     a building or structure, or part of a building or structure;

        (c)     the curtilage, or setting, of a building or structure, or part of a building or structure;

        (d)     an object or feature historically associated with, and located at, the place.

Examples—things that site or parcel of land includes

              •     landforms

              •     plantings

              •     animal habitats

Examples—object or feature historically associated with, and located at, a place

              •     furniture

              •     fittings

              •     view to or from the place, including visible landscapes

Note 1     Words in the singular number include the plural (see Legislation Act

, s 145 (b)).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

9     Meaning of Aboriginal object and Aboriginal place

    (1)     In this Act:

"Aboriginal object "means an object associated with Aboriginal people because of Aboriginal tradition.

"Aboriginal place" means a place associated with Aboriginal people because of Aboriginal tradition.

    (2)     In this section:

"Aboriginal tradition" means the customs, rituals, institutions, beliefs or general way of life of Aboriginal people.

Note     Words in the singular number include the plural (see Legislation Act

, s 145 (b)).

10     Meaning of heritage significance

A place or object has heritage significance if the place or object meets 1 or more of the following criteria (the heritage significance criteria ):

        (a)     importance to the course or pattern of the ACT's cultural or natural history;

        (b)     has uncommon, rare or endangered aspects of the ACT's cultural or natural history;

        (c)     potential to yield information that will contribute to an understanding of the ACT's cultural or natural history;

        (d)     importance in demonstrating the principal characteristics of a class of cultural or natural places or objects;

        (e)     importance in exhibiting particular aesthetic characteristics valued by the ACT community or a cultural group in the ACT;

        (f)     importance in demonstrating a high degree of creative or technical achievement for a particular period;

        (g)     has a strong or special association with the ACT community, or a cultural group in the ACT for social, cultural or spiritual reasons;

Example

a place or object that has a strong or special association for Aboriginal people in the ACT because it is part of their continuing or developing cultural tradition

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

        (h)     has a special association with the life or work of a person, or people, important to the history of the ACT.

10A     Meaning of natural heritage significance

    (1)     For this Act, a place or object has natural heritage significance if it—

        (a)     forms part of the natural environment; and

        (b)     has heritage significance primarily because of the scientific value of its biodiversity, geology, landform or other naturally occurring elements.

    (2)     In this section:

"natural environment" means the native flora, native fauna, geological formations or any other naturally occurring element at a particular location.

10B     Meaning of cultural heritage significance

A place or object has cultural heritage significance if it—

        (a)     is—

              (i)     created or modified by human action; or

              (ii)     associated with human activity or a human event; and

        (b)     has heritage significance.



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