Australian Capital Territory Numbered Acts

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HERITAGE OBJECTS ACT 1991 (NO. 101 OF 1991) - SECT 4

Interpretation

4. (1) In this Act, unless the contrary intention appears—“Aboriginal object” means—

        (a)     a natural or manufactured object; or

        (b)     human remains not buried in accordance with a law of the Territory, a State or another Territory;

which is, or are, of significance in Aboriginal tradition;

“Aboriginal place” means a place which is of significance in Aboriginal tradition;
“Aboriginal tradition” means the traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and include traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;
“Assessment” means an Assessment made under Division 3 of Part IV of the Land Act;
“Authority” means the Australian Capital Territory Planning Authority established under Division 4 of Part II of the Land Act;
“conservation” includes preservation, protection, maintenance, restoration and reconstruction;
“Conservator” means the Conservator of Wildlife appointed under section 7 of the Nature Conservation Act 1980 ;
“determined fee” means the fee determined pursuant to section 54 for the purposes of the provision in which the expression occurs;
“environment” includes all aspects of the natural and other surroundings of human beings affecting them as individuals or in social groups;
“formal error” means—

        (a)     a clerical error;

        (b)     an error arising from an accidental slip or omission; or

        (c)     a defect of form;

“Heritage Council” means the Heritage Council established under Division 8 of Part III of the Land Act;
“heritage object” means a natural or manufactured object, including an Aboriginal object, of heritage significance in relation to the Territory, but does not include an object kept by—

        (a)     a natural person—

              (i)     as a collector of heritage objects; or

              (ii)     as a memento; or

        (b)     a prescribed body;

“Heritage Objects Register” means the register of heritage objects approved by the Minister under subsection 16 (1), as varied and in effect from time to time;
“heritage place” has the same meaning as in the Land Act;
“Heritage Places Register” has the same meaning as in the Land Act;
“heritage significance” means archaeological, historic, aesthetic, architectural, scientific, natural or social significance for the present community, and for future generations;
“Inquiry” means an inquiry conducted under Division 4 of Part IV of the Land Act;
“interim Heritage Places Register” has the same meaning as in the Land Act;
“interim variation”, in relation to the Heritage Objects Register, means a proposed variation to that Register notified under section 5;
“Land Act” means the Land (Planning and Environment) Act 1991 ;
“Plan” means the plan established under Part II of the Land Act, as varied and in effect from time to time;
“relevant Aboriginal organisation”, in relation to a proposed action by the Territory, the Executive, the Minister or a Territory authority, means an organisation or association (whether corporated or unincorporated)—

        (a)     comprised substantially of Aboriginal persons;

        (b)     having amongst its principal objects the conservation of Aboriginal tradition in the Territory; and

        (c)     which the person or body proposing the action believes on reasonable grounds to have an object or interest directly relevant to, or directly affected by, that action;

“restricted information”, in relation to an Aboriginal object, means information which is the subject of a declaration under subsection 44 (1);
“Territory authority” means—

        (a)     a body (whether corporate or not) established by or under an Act, or by the Executive; or

        (b)     the holder of an office established by or under an Act, or by the Executive;

“Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal;
“variation” includes revocation and substitution.

(2) Where this Act requires the Executive, the Minister or the Heritage Council to consult with, or to notify, any person or body (whether corporated or unincorporated), that requirement is to be taken to be satisfied if the Executive, the Minister or the Heritage Council (as the case requires) takes all reasonable steps to consult with, or to notify, that person or body.


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