Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act:
Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
"Aboriginal object" means—
(a) a natural or manufactured object; or
(b) human remains not buried in accordance with a law of the Territory, a State or another Territory;
that is, or are, of significance in Aboriginal tradition.
"Aboriginal place" means a place that is of significance in Aboriginal tradition.
"Aboriginal tradition" means the traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and include traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation.
"assessment" means an assessment made under the Land Act, division 4.3.
"conservation" includes preservation, protection, maintenance, restoration and reconstruction.
"conservator" means the conservator of flora and fauna.
"environment" includes all aspects of the natural and other surroundings of human beings affecting them as individuals or in social groups.
"formal error" means—
(a) a clerical error; or
(b) an error arising from an accidental slip or omission; or
(c) a defect of form.
"heritage council" means the Heritage Council established under the Land Act, division 3.8.
"heritage object" means a natural or manufactured object, including an Aboriginal object, of heritage significance in relation to the ACT, but does not include an object kept by—
(a) an individual—
(i) as a collector of heritage objects; or
(ii) as a memento; or
(b) a prescribed body.
"heritage objects register" means the register of heritage objects approved by the Minister under section 16 (Approval).
Note A reference to a disallowable instrument (including the heritage objects register) includes a reference to the instrument as originally made and as amended (see Legislation Act 2001 , s 102).
"heritage place"—see the Land Act.
"heritage places register"—see the Land Act.
"heritage significance" means archaeological, historic, aesthetic, architectural, scientific, natural or social significance for the present community, and for future generations.
"inquiry" means an inquiry conducted under the Land Act, division 4.4.
"interim heritage places register"—see the Land Act.
"interim variation", in relation to the heritage objects register, means a proposed variation to that register notified under section 5.
"Land Act" means the Land (Planning and Environment) Act 1991 .
"plan" means the plan established under the Land Act, part 2, as varied and in effect from time to time.
"relevant Aboriginal organisation", in relation to a proposed action by the Territory, the Executive, the Minister or a Territory authority, means an organisation or association (whether corporated or unincorporated)—
(a) comprised substantially of Aboriginal persons; and
(b) having amongst its principal objects the conservation of Aboriginal tradition in the ACT; and
(c) which the person or body proposing the action believes on reasonable grounds to have an object or interest directly relevant to, or directly affected by, that action.
"restricted information", in relation to an Aboriginal object, means information that is the subject of a declaration under section 44 (1).
"Territory authority" means—
(a) a body (whether corporate or not) established by or under an Act, or by the Executive; or
(b) the holder of an office established by or under an Act, or by the Executive.
"variation" includes revocation and substitution.
(2) If this Act requires the Executive, the Minister or the heritage council to consult with, or to notify, any person or body (whether corporated or unincorporated), that requirement is to be taken to be satisfied if the Executive, the Minister or the heritage council takes all reasonable steps to consult with, or to notify, that person or body.