Queensland Consolidated Acts

QUEENSLAND HERITAGE ACT 1992 - SCHEDULE

SCHEDULE Dictionary

"Aboriginal land" has the meaning given by the Aboriginal Land Act 1991 .

"administering executive" means—

(a) for a person appointed as an authorised person by the chief executive—the chief executive; or

(b) for a person appointed as an authorised person by the chief executive officer of a local government—the chief executive officer.

Example of standing—

a person’s classification level in the public service

1
"Archaeological artefact" means any artefact that is evidence of an aspect of Queensland’s history, whether it is located in, on or below the surface of land.

2
"Archaeological artefact" does not include a thing that is aboriginal cultural heritage under the Aboriginal Cultural Heritage Act 2003 or Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003 .

3
"Archaeological artefact" does not include an underwater cultural heritage artefact.

(a) associated with the building; and

(b) that contribute to the building’s cultural heritage significance.

(a) in relation to entering a place in the Queensland heritage register, includes enter the place in the register as part of a State heritage place; and

(b) in relation to entering a place in a local heritage register, includes enter the place in the register as part of a local heritage place.

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

(b) an artefact, including an archaeological artefact and underwater cultural heritage artefact;

(c) a precinct;

(d) a natural or landscape feature.

(a) is in Queensland waters; and

(b) has been in the waters for at least 75 years.

(a) is in Queensland waters; and

(b) has been in the waters for at least 75 years.

1
"Historic underwater article" means an article—

(a) that appears to have—

(i) formed part of an aircraft or ship; or

(ii) been installed or carried on an aircraft or ship; or

(iii) been constructed or used by a person associated with an aircraft or ship; and

(b) that—

(i) is in Queensland waters; and

(ii) has been in the waters for at least 75 years.

2 An article is an historic underwater article whether or not the article—

(a) is attached to the remains of an aircraft or ship, a reef or anything else; or

(b) is located in, on or below the surface of a seabed or other land.

(a) that the person to whom the notice is given may appeal to the Planning and Environment Court against the decision within 20 business days after receiving the notice; and

(b) the ground for an appeal; and

(c) how to appeal.

(a) is of cultural heritage significance for a local government area; and

(b) is identified as a place of cultural heritage significance in the local government’s planning scheme or on the local government’s local heritage register.

(a) the Mineral Resources Act 1989 or the Petroleum Act 1923 ; or

(b) another Act related to mining for minerals, petroleum or natural gas.

1 An
"owner" in relation to land, means—

(a) for freehold land—the registered owner; or

(b) for land the subject of a mining interest—the person who holds the interest; or

(c) for land the subject of a GHG authority under the Greenhouse Gas Storage Act 2009 —the person who holds the authority; or

(d) for a road or other land under a local government’s control—the local government; or

(e) for land in the area of a geothermal tenure under the Geothermal Energy Act 2010 —the person who holds the tenure; or

(f) for other land held from the State under another Act under an interest less than fee simple and conferring a right to possession of the land—the person who holds the interest; or

(g) for land (
"licence area" ) the subject of a plantation licence or plantation sublicence under the Forestry Act 1959 —the State, the plantation licensee and any plantation sublicensee for the licence area;

(h) for unallocated State land under the Land Act 1994 , land in a State forest, other than a licence area, or timber reserve under the Forestry Act 1959 , or other land under the control of the State—the State.

2 Also, a mortgagee of land is the
"owner" of land if the mortgagee is in possession of the land.

3 The
"owner" of an artefact that is not permanently attached to, or under, land means a person legally entitled to possession of the artefact.

1
"Place" means a defined or readily identifiable area of land, whether or not held under 2 or more titles or owners.

2
"Place" includes—

(a) any feature on land mentioned in item 1; and

(b) any part of the immediate surrounds of a feature mentioned in paragraph (a) that may be required for its conservation.

(a) the gazette; and

(b) in a newspaper circulating generally in the area in which the place or artefact to which the notice relates is situated.

(a) in relation to removing a State heritage place from the Queensland heritage register, includes remove part of the State heritage place from the register; and

(b) in relation to removing a place from a local heritage register, includes remove part of the place from the register.

(a) any vessel used in navigation by water; and

(b) any marine concretions and accretions that are attached to the ship.

(a) an historic aircraft wreck; or

(b) an historic shipwreck; or

(c) an historic underwater article.