Heritage Act 2004
- Number
- A2004-57
- Status
- In Force
Notes
- For infringement notice offences under this Act see Magistrates Court (Heritage Infringement Notices) Regulation 2020[1]
- Current law
- Regulations & instruments
- Forms
- Point-in-time versions
- Law history
Current version
Notes
- Proposed amendments by Heritage and Planning Legislation Amendment Bill 2025[5].
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 10 July 2024 | HTMLPDFWord | R34 | 10 July 2024 | Republication for amendments by A2024-32[6] |
Administering Minister and Directorate
- Minister for Heritage - Environment, Planning and Sustainable Development Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
Related instruments
| Name | Effective | Year and No |
|---|---|---|
| Public Sector Management (Heritage) Delegation 2022 (No 2)[321] | 19 December 2022 | NI2022-674 |
Approved forms
Legislative instruments under the Act and its subordinate laws
| Form name/number | Description | Made for | Effective | Year and No |
|---|---|---|---|---|
| Heritage Act 2004—Form[322] | Application for approval of a Statement of Heritage Effect | s 61G | 10 October 2014 | AF2014-108 |
| Heritage Act 2004—Form[323] | Application for approval of Conservation Management Plan | s 61J | 28 January 2017 | AF2017-3 |
| Heritage Act 2004—Form[324] | Cancellation proposal | s 43 | 10 October 2014 | AF2014-104 |
| Heritage Act 2004—Form[325] | Excavation application | s 61E | 10 October 2014 | AF2014-109 |
| Heritage Act 2004—Form[326] | Information request | s 21 | 11 December 2015 | AF2015-138 |
| Heritage Act 2004—Form[327] | Nomination application | s 28 | 10 October 2014 | AF2014-101 |
| Heritage Act 2004—Form[328] | Register amendment application | s 24 | 10 October 2014 | AF2014-103 |
| Heritage Act 2004—Form[329] | Request for approval to publish restricted information | s 56 | 11 December 2015 | AF2015-147 |
| Heritage Act 2004—Form[330] | Request for limited access to restricted information | s 57 | 28 January 2017 | AF2017-2 |
| Heritage Act 2004—Form[331] | Urgent provisional registration application | s 30 | 28 January 2017 | AF2017-1 |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 10 July 2024 | HTMLPDFWord | R34 | 10 July 2024 | Republication for amendments by A2024-32[6] |
| 31 May 2024 - 9 July 2024 | HTMLPDFWord | R33 | 31 May 2024 | Republication for amendments by A2024-21[332] |
| 1 January 2024 - 30 May 2024 | HTMLPDFWord | R32 | 1 January 2024 | Republication for amendments by A2023-52[333] |
| 27 November 2023 - 31 December 2023 | HTMLPDFWord | R31 | 27 November 2023 | Republication for amendments by A2023-36[334] |
| 24 August 2022 - 26 November 2023 | HTMLPDFWord | R30 | 24 August 2022 | Republication for amendments by A2022-14[335] |
| 4 September 2020 - 23 August 2022 | HTMLPDFWord | R29 | 4 September 2020 | Republication for amendments by A2020-47[336] |
| 26 February 2020 - 3 September 2020 | HTMLPDFWord | R28 | 26 February 2020 | Republication for amendments by A2020-3[337] |
| 5 October 2019 - 25 February 2020 | HTMLPDFWord | R27 | 5 October 2019 | Republication for expiry of transitional provisions (pt 20) |
| 23 October 2018 - 4 October 2019 | HTMLPDFWord | R26 | 23 October 2018 | Republication for amendments by A2018-33[338] |
| 17 May 2018 - 22 October 2018 | HTMLPDFWord | R25 | 17 May 2018 | Republication for amendments by A2018-18[339] |
| 16 June 2017 - 16 May 2018 | HTMLPDFWord | R24 | 16 June 2017 | Republication for amendments by A2017-20[340] |
| 1 September 2016 - 15 June 2017 | HTMLPDFWord | R23 | 1 September 2016 | Republication for amendments by A2016-52[341] |
| 21 June 2016 - 31 August 2016 | HTMLPDFWord | R22 | 21 June 2016 | Republication for amendments by A2016-33[342] |
| 12 May 2016 - 20 June 2016 | HTMLPDFWord | R21 | 12 May 2016 | Republication for amendments by A2016-24[343] |
| 14 October 2015 - 11 May 2016 | HTMLPDFWord | R20 | 14 October 2015 | Republication for amendments by A2015-33[344] |
| 11 June 2015 - 13 October 2015 | HTMLPDFWord | R19 | 11 June 2015 | Republication for amendments by A2014-59[345] |
| 4 October 2014 - 10 June 2015 | HTMLPDFWord | R18 | 4 October 2014 | Republication for amendments by A2014-43[346] |
| 10 June 2014 - 3 October 2014 | HTMLPDFWord | R17 | 10 June 2014 | Republication for amendments by A2014-18[347] |
| 22 February 2013 - 9 June 2014 | HTMLPDFWord | R16 | 22 February 2013 | Republication for amendments by A2013-4[348] |
| 5 June 2012 - 21 February 2013 | HTMLPDFWord | R15 | 5 June 2012 | Republication for amendments by A2012-21[349] |
| 30 March 2012 - 4 June 2012 | HTMLPDFWord | R14 | 30 March 2012 | Republication for amendments by A2011-41[350] |
| 1 July 2011 - 29 March 2012 | HTMLPDFWord | R13 | 1 July 2011 | Republication for amendments by A2011-22[351] |
| 10 March 2011 - 30 June 2011 | HTMLPDFWord | R12 | 10 March 2011 | Republication for expiry of provision (s 123) |
| 17 December 2009 - 9 March 2011 | HTMLPDFWord | R11 | 17 December 2009 | Republication for amendments by A2009-49[352] |
| 22 September 2009 - 16 December 2009 | HTMLPDFWord | R10 | 22 September 2009 | Republication for amendments by A2009-20[353] |
| 10 March 2009 - 21 September 2009 | HTMLPDFWord | R9 | 10 March 2009 | Republication for commenced expiry |
| 2 February 2009 - 9 March 2009 | HTMLPDFWord | R8 | 2 February 2009 | Republication for amendments by A2008-36[354] |
| 31 March 2008 - 1 February 2009 | HTMLPDFWord | R7 | 31 March 2008 | Republication for amendments by A2007-25[355] |
| 11 July 2007 - 30 March 2008 | HTMLPDFWord | R6 | 11 July 2007 | Republication for amendments by A2007-16[356] |
| 10 March 2007 - 10 July 2007 | HTMLPDFWord | R5 | 10 March 2007 | Republication for commenced expiry |
| 29 March 2006 - 9 March 2007 | HTMLPDFWord | R4 | 29 March 2006 | Republication for amendments by A2005-51[357] |
| 10 March 2006 - 28 March 2006 | HTMLPDFWord | R3 | 10 March 2006 | Republication for commenced expiry |
| 2 June 2005 - 9 March 2006 | HTMLPDFWord | R2 (RI) | 18 October 2006 | Republication for amendments by A2005-20[358] Reissue for textual correction in s 127 |
| 9 March 2005 - 1 June 2005 | HTMLPDFWord | R1 (RI) | 18 October 2006 | Republication for new Act Reissue for textual correction in s 127 |
| 9 March 2005 | HTMLPDFWord | As notified | 9 September 2004 | Reissue for textual correction in s 127 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Heritage Bill 2004[359].
Notification statement
The Heritage Act 2004 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 9 September 2004 (Parliamentary Counsel)
Act as notified
| Date notified | Effective | Files/Formats | Notes |
|---|---|---|---|
| 9 September 2004 | 9 March 2005 | HTMLPDFWord | Reissue for textual correction in s 127 |
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 9 September 2004 | LA[360] s 75 (1) |
| remainder | 9 March 2005 | s 2 and LA[360] s 79 |
Expiries
| Provision | Expiry date | Expiry method |
|---|---|---|
| pt 20 | 4 October 2019 (midnight) | s 204 |
| s 123 | 9 March 2011 (midnight) | s 123 (4) |
| s 109 | 9 March 2009 (midnight) | s 109 (5) |
| s 108 (4), (5) | 9 March 2007 (midnight) | s 108 (5) |
| pt 19 | 9 March 2006 (midnight) | s 136 |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
| Year and number | Amending law | Amending provision | Commencement date |
|---|---|---|---|
| A2024-32[6] | Heritage Amendment Act 2024 | ss 4-11, sch 1 | 10 July 2024 |
| A2024-21[332] | Planning and Environment Legislation Amendment Act 2024 | pt 4 | 31 May 2024 |
| A2023-52[333] | Urban Forest (Consequential Amendments) Act 2023 | sch 1 pt 1.3 | 1 January 2024 |
| A2023-36[334] | Planning (Consequential Amendments) Act 2023 | sch 1 pt 1.33 | 27 November 2023 |
| A2022-14[335] | Statute Law Amendment Act 2022 | sch 3 pt 3.22 | 24 August 2022 |
| A2020-47[336] | Emergencies Amendment Act 2020 | sch 1 pt 1.3 | 4 September 2020 |
| A2020-3[337] | Heritage Amendment Act 2020 | ss 4-15 | 26 February 2020 |
| A2018-33[338] | Red Tape Reduction Legislation Amendment Act 2018 | sch 1 pt 1.21 | 23 October 2018 |
| A2018-18[361] | Planning, Building and Environment Legislation Amendment Act 2018 | pt 3 | 17 May 2018 |
| A2017-20[362] | Planning, Building and Environment Legislation Amendment Act 2017 (No 2) | pt 7 | 16 June 2017 |
| A2016-52[363] | Public Sector Management Amendment Act 2016 | sch 1 pt 1.35 | 1 September 2016 |
| A2016-33[364] | Emergencies Amendment Act 2016 | sch 1 pt 1.11 | 21 June 2016 |
| A2016-24[365] | Planning, Building and Environment Legislation Amendment Act 2016 (No 2) | pt 7 | 12 May 2016 |
| A2015-33[366] | Red Tape Reduction Legislation Amendment Act 2015 | sch 1 pt 1.35 | 14 October 2015 |
| A2014-59[367] | Nature Conservation Act 2014 | sch 2 pt 2.8 | 11 June 2015 |
| A2014-43[368] | Heritage Legislation Amendment Act 2014 | pt 2 | 4 October 2014 |
| A2014-18[369] | Statute Law Amendment Act 2014 | sch 3 pt 3.11 | 10 June 2014 |
| A2013-4[370] | Directors Liability Legislation Amendment Act 2013 | sch 1 pt 1.5 | 22 February 2013 |
| A2012-21[371] | Statute Law Amendment Act 2012 | amdt 3.86, amdt 3.87 | 5 June 2012 |
| A2012-21[371] | Statute Law Amendment Act 2012 | amdts 3.88-3.98 | 5 June 2012 |
| A2011-41[372] | Unit Titles (Management) Act 2011 | sch 5 pt 5.4 | 30 March 2012 |
| A2011-22[373] | Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 | sch 1 pt 1.80 | 1 July 2011 |
| A2009-49[374] | Statute Law Amendment Act 2009 (No 2) | sch 3 pt 3.38 | 17 December 2009 |
| A2009-20[375] | Statute Law Amendment Act 2009 | sch 3 pt 3.41 | 22 September 2009 |
| A2008-36[376] | ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 | sch 1 pt 1.29 | 2 February 2009 |
| A2007-25[377] | Planning and Development (Consequential Amendments) Act 2007 | sch 1 pt 1.17 | 31 March 2008 |
| A2007-16[378] | Statute Law Amendment Act 2007 (No 2) | sch 1 pt 1.2, sch 3 pt 3.19 | 11 July 2007 |
| A2005-51[379] | Tree Protection Act 2005 | sch 1 pt 1.2 | 29 March 2006 |
| A2005-20[380] | Statute Law Amendment Act 2005 | sch 3 pt 3.27 | 2 June 2005 |