Australian Capital Territory      
Public Sector Management (Heritage) Delegation 2017
Notifiable instrument NI2017–370
made under the  
Public Sector Management Act 1994, s20 (Delegation by director-general) 

1	Name of instrument
This instrument is the Public Sector Management (Heritage) Delegation 2017. 
2	Commencement 
This instrument commences on the day it is made. 
3	Sub-delegation of Heritage Act 2004 functions
I sub-delegate to the person who from time to time occupies a public service position identified in column 3 of table 1 of schedule 1, the corresponding functions set out in column 2 of schedule 1.

Note 1: 	The Legislation Act 2001 defines “occupy”, in relation to a position, as
including: to hold the position, act in the position or exercise functions of the
position.

Note 2: 	Under section 121 of the Heritage Act 2004, the Heritage Council has
delegated to the Director-General with administrative responsibility for the Heritage
Act the functions set out in column 2 of table 1 of the attached schedule, refer to Heritage (Heritage Council) Delegation 2017.
4	Delegation of Heritage Act 2004 function
I delegate to the person who from time to time occupies the public service position identified in column 3 of table 2 of schedule 2, the corresponding function set out in column 2 of schedule 2.

5	Sub-delegation of Planning and Development Act 2007 functions
I sub-delegate to the person who from time to time occupies a public service position identified in column 3 of table 3 of schedule 3, the corresponding functions set out in column 2 of schedule 3.

Note 1: 	The Legislation Act 2001 defines “occupy”, in relation to a position, as
including: to hold the position, act in the position or exercise functions of the
position.

Note 2: 	Under section 121 of the Heritage Act 2004, the Heritage Council has
delegated to the Director-General with administrative responsibility for the Heritage
Act the functions set out in column 2 of table 3 of the attached schedule, refer to Heritage (Heritage Council) Delegation 2017.
6	Revocation
The Public Sector Management (Heritage) Delegation 2015 (No.1) 
(NI2015-582) is revoked.

Ben Ponton
Director-General
Environment, Planning and Sustainable Development Directorate
06 July 2017

SCHEDULE 1
(see s3)
TABLE 1

Column 1

Section of the Heritage Act 2004
	Column 2

Functions under the Heritage Act 2004 delegated to the Director-General
	Column 3

Positions and 
Position Descriptions
	
60	Advice about effect of development of heritage significance	Chairperson, 
ACT Heritage Council

Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

Executive Director, Environment
(PN. E757)

Team Leader (Registrations), 
ACT Heritage
(PN. 43072)

Team Leader (Policy and Community Engagement), 
ACT Heritage
(PN. 3858)

Team Leader 
(Advice), 
ACT Heritage
(PN. 16005)	
61	Requirements for council’s advice about development
		
61B	Advice about effect of tree damaging activity or tree management plan
		
61F	Permit to excavate
		
61H	Approval of statement of heritage effect
		
61I	Council may direct application for approval of statement of heritage effect		
61K	Approval of conservation management plan		
68(1)(a)	Application for heritage order		
110	Conservation management plan		
118A	Council may ask for information from commissioner for revenue in certain cases		
118B	Council may ask for information		

Column 1

Section of the Heritage Act 2004
	Column 2

Functions under the Heritage Act 2004 delegated to the Director-General
	Column 3

Positions and 
Position Descriptions
	
19A
 	Council must consult scientific committee on matters affecting natural heritage significance	Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

Executive Director, Environment
(PN. E757)

Team Leader (Registrations), 
ACT Heritage
(PN. 43072)

Team Leader (Policy and Community Engagement), 
ACT Heritage
(PN. 3858)

Team Leader 
(Advice), 
ACT Heritage
(PN. 16005)

	
20
 	Establishment of heritage register		
21
 	Public access to heritage register		
24(1)
 	Heritage register corrections and changes – correct a mistake or omission		
24(2)(b)
 	Heritage register corrections and changes – accept application and exercise the council’s functions under this section		
24(4)		Heritage register corrections and changes – assess the merit of application received		
24(5)		Heritage register corrections and changes – 
Give person who made the register amendment application written notice of dismissal or acceptance		
25	Guidelines about conserving heritage significance		
26		Public consultation about heritage guidelines		
26A(3)(b)		Period for making heritage guidelines		
26A(6)	Period for making heritage guidelines – additional public notice		
26B	Report to Minister about public consultation on heritage guidelines		
26E	Notification about heritage guidelines		
29
	Decision about nomination application		
30(3)
	Request for urgent provisional registration – accept application		
30(4)(b)	Request for urgent provisional registration – decision on provisional registration
		
Column 1

Section of the Heritage Act 2004
	Column 2

Functions under the Heritage Act 2004 delegated to the Director-General
	Column 3

Positions and 
Position Descriptions
	
30(5)	Request for urgent provisional registration – notification of dismissal
	Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

Executive Director, Environment
(PN. E757)

Team Leader (Registrations), 
ACT Heritage
(PN. 43072)

Team Leader (Policy and Community Engagement), 
ACT Heritage
(PN. 3858)

Team Leader 
(Advice), 
ACT Heritage
(PN. 16005)

	
31	Council must consult representative Aboriginal organisation		
31A	Consultation with scientific committee about provisional registration		
33	Provisional registration of place or object		
34	Notice of decision about provisional registration		
35(2)	Period of provisional registration		
35(6)	Period of provisional registration – additional public notice		
38	Registration – Report to the Minister about public consultation		
40(3)	Decision about registration –  making of notifiable instrument		
40(4)	Decision about registration – give additional public notice		
40(5)	Decision about registration – council must take reasonable steps to give a copy of the notice to each interested person within 15 working days after the day the decision is made
		
43(3)(b)	Cancellation proposal		
43(4)	Cancellation proposal – written notice of dismissal or acceptance.		
44	Notice of cancellation proposal		
45	Consultation with representative Aboriginal organisation about cancellation proposal		
45A	Consultation with scientific committee about cancellation proposal		

Column 1

Section of the Heritage Act 2004
	Column 2

Functions under the Heritage Act 2004 delegated to the Director-General
	Column 3

Positions and 
Position Descriptions
	
47	Report to Minister about public consultation on cancellation proposal	Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

Executive Director, Environment
(PN. E757)

Team Leader (Registrations), 
ACT Heritage
(PN. 43072)

Team Leader (Policy and Community Engagement), 
ACT Heritage
(PN. 3858)

Team Leader 
(Advice), 
ACT Heritage
(PN. 16005)

	
49(4)	Decision about cancellation proposal – making of notifiable instrument		
49(5)	Decision about cancellation proposal – give additional public notice		
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
		
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
		
54	Declaration of restricted information		
56	Approval to publish restricted information		
57(2)		Limited access to restricted information		
64	Extension of heritage direction		
95	Information discovery order		
104(2)	Enforcement order		
105	Financial and other assistance		
109	Assessment of heritage reports by Council		

SCHEDULE 2
(see s4)
TABLE 2

Column 1

Section of the Heritage Act 2004
	Column 2

Function under the Heritage Act 2004 	Column 3

Position and 
Position Description
	
79	Identity cards
	Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

SCHEDULE 3
(see s5)
TABLE 3

Column 1

Section of the Planning and Development Act 2007	Column 2

Functions under the Planning and Development Act 2007 delegated to the Director-General
	Column 3

Position	
61(b)(iv)  	Consultation etc about draft plan variations being prepared	Chairperson, 
ACT Heritage Council

Secretary,
ACT Heritage Council;
Manager, 
ACT Heritage
(PN. 26444)

Executive Director, Environment
(PN. E757)

Team Leader (Registrations), 
ACT Heritage
(PN. 43072)

Team Leader (Policy and Community Engagement), 
ACT Heritage
(PN. 3858)

Team Leader 
(Advice), 
ACT Heritage
(PN. 16005)
	
149 
	Requirement to give advice in relation to development applications