Australian Capital Territory

Heritage (Heritage Council) Delegation 2017 

Notifiable Instrument NI2017—326

made under the

Heritage Act 2004, s 121 (Delegation) 

1. 	Name of Instrument
This instrument is the Heritage (Heritage Council) Delegation 2017.

2.	Commencement
	This instrument commences on the day after it is made.

3.	Delegation of functions under the Heritage Act 2004
The Heritage Council delegates the functions of the Council under the provisions of the Heritage Act 2004 (the Act) identified in column 2 of schedule 1 to the person who from time to time occupies the position of Director-General of the directorate with administrative responsibility for the Act.

4.	Delegation of functions under the Planning and Development Act 2007
The Heritage Council delegates the functions of the Council under the provisions of the Planning and Development Act 2007 (the P&D Act) identified in column 2 of schedule 2 to the person who from time to time occupies the position of Director‑General of the directorate with administrative responsibility for the Act.

5.	Revocation
The Heritage (Heritage Council) Delegation 2015 (No 2) (NI2015-561) is revoked.

David Flannery
Chairperson
ACT Heritage Council
15 June 2017

SCHEDULE 1
(see s3)
Column 1 
No.	Column 2
Section of Heritage Act 2004	Column 3
Function of Heritage Council
(information only)	
1.	19A	Council must consult scientific committee on matters affecting natural heritage significance	
2.	20	Establishment of heritage register	
3.	21	Public access to heritage register	
4.	24(1)	Heritage register corrections and changes – correct a mistake or omission	
5.	24(2)(b)	Heritage register corrections and changes – accept application and exercise the council’s functions under this section	
6.	24(4)	Heritage register corrections and changes – assess the merit of application received
*To remove any doubt, this delegation does not include the exercise of functions under linked section 24(2)(a).	
7.	24(5)	Heritage register corrections and changes – give person who made the register amendment application written notice of dismissal or acceptance	
8.	25	Guidelines about conserving heritage significance	
9.	26	Public consultation about heritage guidelines	
10.	26A(3)(b)	Period for making heritage guidelines – extension for additional period	
11.	26A(6)	Period for making heritage guidelines – additional public notice	
12.	26B	Report to Minister about public consultation on heritage guidelines	
13.	26E	Notification about heritage guidelines 	
14.	29	Decision about nomination application	
15.	30(3)	Request for urgent provisional registration – accept application	
16.	30(4)(b)	Request for urgent provisional registration – decision on provisional registration 	
17.	30(5)	Request for urgent provisional registration – notification of dismissal	
18.	31	Council must consult representative Aboriginal organisation	
19.	31A	Consultation with scientific committee about provisional registration	
20.	33	Provisional registration of place or object	
21.	34	Notice of decision about provisional registration	
22.	35(2)	Period of provisional registration - extension	
23.	35(6)	Period of provisional registration – additional public notice	
24.	38	Registration - Report to the Minister about public consultation	
25.	40(3)	Decision about registration – making of notifiable instrument 	
26.	40(4) 	Decision about registration – give additional public notice	
27.	40(5)	Decision about registration – council must take reasonable steps to give a copy of the notice to each interested person within 15 days after the day the decision is made	
28.	43(3)(b)	Cancellation proposal
*To remove any doubt, this delegation does not include the exercise of functions under linked section 49.	
29.	43(4)	Cancellation proposal – written notice of dismissal or acceptance.	
30.	44	Notice of cancellation proposal 	
31.	45	Consultation with representative Aboriginal organisation about cancellation proposal	
32.	45A	Consultation with scientific committee about cancellation proposal	
33.	47	Report to Minister about public consultation on cancellation proposal	
34.	49(4)	Decision about cancellation proposal – making of notifiable instrument	
35.	49(5)	Decision about cancellation proposal – give additional public notice	
36.	49(6)	Decision about cancellation proposal – council must take reasonable steps to give a copy of the notice to each interested person within 15 days after the day the decision is made	
37.	53(a)	Assessing heritage significance of reported Aboriginal places and objects – arrange consultation under section 31 with each representative Aboriginal organisation in relation to the place or object	
38.	54	Declaration of restricted information	
39.	56	Approval to publish restricted information	
40.	57(2)	Limited access to restricted information	
41.	60	Advice about effect of development of heritage significance	
42.	61	Requirements for council’s advice about development	
43.	61B	Advice about effect of tree damaging activity or tree management plan	
44.	61F	Permit to excavate	
45.	61H	Approval of statement of heritage effect	
46.	61I	Council may direct application for approval of statement of heritage effect	
47.	61K	Approval of conservation management plan	
48.	64	Extension of heritage direction	
49.	68(1)(a)	Application for heritage order	
50.	95	Information discovery order	
51.	104(2)	Enforcement order	
52.	105	Financial and other assistance	
53.	109	Assessment of heritage reports by Council	
54.	110	Conservation management plan – public authorities	
55.	118A	Council may ask for information from commissioner for revenue in certain cases	
56.	118B	Council may ask for information 	

SCHEDULE 2
(see s4)
Column 1 
No.	Column 2
Section of Planning and Development Act 2007	Column 3
Function of Heritage Council
(information only)	
57.	61(b)(iv)	Making recommendations and submissions to the planning and land authority about draft variations to the Territory Plan.	
58.	149	Entity advice on a development application to the planning and land authority.