Victorian Consolidated Regulations

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PUBLIC HEALTH AND WELLBEING (PRESCRIBED ACCOMMODATION) REGULATIONS 2020 - REG 12

Cultural heritage significance exemption

    (1)     A proprietor of prescribed accommodation that is a holiday camp is exempted from compliance with regulation 11(2) in relation to a building situated on the premises of the holiday camp if—

        (a)     modification of the building to comply with   the minimum bedroom size in regulation 11(2) is determined by the Council to be inappropriate because the modification would compromise the building's cultural heritage significance; and

        (b)     the maximum period for which people are accommodated in the building is 7 nights.

    (2)     For the purposes of subregulation (1)(a), a Council may determine a building to be of cultural heritage significance if—

        (a)     the building is subject to a heritage overlay in the planning scheme for which the Council is the responsible authority within the meaning of the Planning and Environment Act 1987 ; or

        (b)     the building is included on the Victorian Heritage Register established under the Heritage Act 2017 ; or

        (c)     the building is included on the Commonwealth Heritage List or the National Heritage List kept under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or

        (d)     the Council has had regard to a heritage study that considers the building.

    (3)     In this regulation—

"cultural heritage significance" has the same meaning as in section 3(1) of the Heritage Act 2017 ;

"heritage study" means a study or assessment undertaken in accordance with guidelines made by—

        (a)     the Department of Environment, Land, Water and Planning and published on its website; or

        (b)     the Heritage Council established under the Heritage Act 2017 .



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