QueenslandQueensland
Heritage Act 1992QUEENSLANDHERITAGEREGULATION1992Reprinted as in force on 1 July 2003(includes commenced amendments up to 2003 SL
No. 137)Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2003 SL No. 268 s 11
Information about this reprintThis
regulation is reprinted as at 1 July 2003. The reprint shows the
law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listoflegislationandlistofannotationsinendnotes. Alsoseelistoflegislationforanyuncommenced amendments.This
page is specific to this reprint. See previous reprints for
information about earlierchanges made under the Reprints Act
1992. A table of reprints is included in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
hard copy reprint is the same as the date shownon another hard
copy reprint it means that one is the replacement of the
other.
s13s6Queensland Heritage Regulation 1992QUEENSLAND HERITAGE REGULATION 1992[as
amended by all amendments that commenced on or before 1 July
2003]1Short titleThisregulationmaybecitedastheQueenslandHeritageRegulation1992.2CommencementThis regulation
commences on 21 August 1992.3FormsThe forms to be
used for the purposes of the Act are the forms approvedby the
Minister.4FeesThe fees payable
under the Act are stated in the schedule.5Meaning of “emergency work”(1)
“Emergency work”isreversibleworkthatisnecessarytoaffordtemporary support,
shelter or security to a registered place—(a)because it has been damaged by fire or
natural disaster; or(b)because of accidental or intentional
damage.(2) “Emergency work”does not include
demolition.6Meaning of “maintenance work”(1)
“Maintenancework”isworkperformedforthepurposesoftheprotective care of a registered place,
including, for example, the protectivecare of the
materials, features, contents and setting that comprise—(a)fences; and
s74s8Queensland Heritage Regulation 1992(b)gardens and grounds; and(c)roads and paths; and(d)roof and drainage systems; and(e)services and utilities.(2)
“Maintenance work”also includes painting work in a colour
thatconforms with an existing colour scheme at
the registered place.7Meaning of “minor
repair work”“Minor repair work”is work of a
minor nature that—(a)involvesrepairstothematerials,features,contentsandsettingthat comprise a
registered place; and(b)usesthesametypesofmaterialsandthesameconstructionmethods as were
originally used on the registered place.8Excluded workFor the purposes
of the definition“development”in section 4 of
the Act,the following classes of work are excluded
from the ambit of the definition“development”—(a)emergency work;(b)maintenance work;(c)minor
repair work;(d)work(otherthanminorrepairwork)thatinvolvesthereplacementofsmallitems,forexample,doororwindowfurniture, or the
laying of new carpet, that—(i)will cause no
detriment to the cultural heritage significanceof the place;
and(ii)is not of a significant scale;
and(iii)is
reversible.
s
95s 12Queensland
Heritage Regulation 19929Certificate of
immunityFor the purposes of section 32(3)(a) of the
Act, the information that mustaccompany an
application for a certificate of immunity from registration
inrespect of a place is—(a)a
comprehensive description of the place; and(b)a
comprehensive description of the history of the place; and(c)a statement that relates the cultural
heritage significance of theplace to the criteria mentioned in
section 23(1) of the Act; and(d)details of the sources from which further
information about theplace may be obtained; and(e)photographsanddrawingsoftheplaceasitexistswhentheapplication is made.10Determination of applicationsForthepurposesofsection35(3)oftheAct,therequiredperiodis10 days.11Applications for reviewFor the purposes
of section 36 of the Act, the period within which anapplication for a review of a decision of a
local authority or the Councilmustbemadeis60daysafterreceivingnoticeofthedecisionorsuchlonger period as
the Council determines in a particular case.12Development by the CrownFor the purposes
of section 37(1) of the Act, the details that are requiredtobeincludedinareportonaproposeddevelopmentinrelationtoaregistered place are details of—(a)the existing condition of the
registered place; and(b)the history and
development of the registered place; and(c)the
culturally significant features of the registered place; and(d)the cultural heritage significance of
the registered place; and(e)the proposed
work; and
s
136s 13Queensland
Heritage Regulation 1992(f)the likely impact
of the proposed work on the cultural heritagesignificance of
the registered place.13Protected
area—Act s 50(1)The area within 400 m of the point at
latitude 24º56.929' south andlongitude
153º18.211' east, on the shore of Fraser Island between
WaddyPoint and Orchid Beach, is declared to be a
protected area.(2)The latitude and longitude are worked
out using the system called the‘World Geodetic
System 1984’ or ‘WGS 84’.
7Queensland Heritage Regulation
1992SCHEDULEFEESsection 4$1.Certified copy of an entry in the
heritage register . . . . . . .26.502.Certificate as to whether a property is
affected by an entryin the heritage register or is otherwise
affected by the Act26.503.Certificate of immunity . . . . . . . . . . .
. . . . . . . . . . . . . . . .531.004.Permit authorising operations in a
protected area . . . . . . .106.00
9Queensland Heritage Regulation
19924Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.11AAmendments
includednoneto 2001 SL No. 283Effective21
August 199221 December 20011Bto
2002 SL No. 27311 October 20021Cto
2003 SL No. 1371 July 2003Reprint
date1 September 19924 January
2002(Column discontinued)Notes5List of legislationQueensland Heritage Regulation 1992 SL No.
254made by the Governor in Council on 13 August
1992notfd gaz 14 August 1992 pp 2892–3ss
1–2 commenced on date of notificationremaining
provisions commenced 21 August 1992 (see s 2)exp 31 August
2004 (see SIA s 56A(2) and SIR s 5 sch 3)amending
legislation—Environmental Legislation Amendment
Regulation (No. 1) 2001 SL No. 283 s 1, pt 8notfd gaz 21
December 2001 pp 1482–8commenced on date of
notificationQueensland Heritage Amendment Regulation (No.
1) 2002 SL No. 273notfd gaz 11 October 2002 pp 526–7commenced on date of notificationEnvironmental Legislation Amendment
Regulation (No. 1) 2003 SL No. 137 pts 1, 5notfd gaz 27 June
2003 pp 749–56ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2003
(see s 2)6List of annotationsFeess 4amd 2003 SL No.
137 s 12Protected Area—Act s 50s 13ins
2002 SL No. 273 s 3
