VICTORIA - Australasian Legal Information Institute · VICTORIA Historic Buildings Act 1981 No....

984

menu

A N N O T R I C E S I M O

ELIZABETHAE SECUNDAE REGINAE

VICTORIA

Historic Buildings Act 1981

No. 9667

An Act to consolidate and amend the law with respect to the Preservation of Buildings, Works and Objects of

historic or architectural Importance, to amend the Town and Country Planning Act 1961 and the Local

Government Act 1958, and for other purposes.

[Assented to 22 December 1981]

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART L—PRELIMINARY

shorttitio. 1. (1) This Act may be cited as the Historic Buildings Act 1981.

OOTunenoe. (2) The scvcral provisions of this Act except sections 20 and 60 """ shall come into operation on a day or on the respective days to be

fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

(3) Sections 20 and 60 shall be deemed to have come into operation on 27 September 1974.

(4) This

1981 Historic Buildings No. 9667 985

(4) This Act is divided into Parts and Divisions as follows: ^iJ'JSJ"'" Divisions.

Part I.—Preliminary ss. 1-3.

Part II.—Historic Buildings Council ss. 4-13.

Part III.—Preservation of Historic Buildings ss. 14-42.

Division 1—Register of Historic Buildings ss. 14-32.

Division 2—Oifences and Repair Orders ss. 33-39.

Division 3—Interim P'reservation Orders s. 40.

Division 4—Covenants ss. 41-42.

Part IV.^Historic Buildings Fund ss. 43-51. Part V.—Orders of the. Supreme Court ss. 52-55. Part VI.—Miscellaneous ss. 56-63. Part VII.—Amendments to the Local Government Act 1958

s. 64.

2. (1) The Acts mentioned in the Schedule to the extent to Repeal which they are in the Schedule expressed to be amended or repealed are hereby amended or repealed accordingly.

(2) Except in this Act expressly, or by necessary implication savings. provided—

{a) all persons, things and circumstances appointed or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of this section shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if this Act had not been passed; and

ib) in particular, and without affecting the generality of paragraph (a), the amendment , or repeal shall not disturb the continuity of status operation or effect of any regulation, order, interim preservation order, interim development order, planning scheme, designation, approval, report, recommendation, application, permit, covenant, consent, assistance, alteration, liability or right made, effected, issued, granted, given, entered into, incurred or acquired or existing or continuing before the commencement of this section by or under any Act which is amended or repealed by this Act.

3. In

986 1981 Historic Buildings No. 9667

Interpretations.'

"Alter."

"Building."

"Council."

"Develop."

"Director."

"Fund."

"Owner."

"Prescribed."

"Provisional Register."

"Register."

"Registered Building."

"Registered Land."

"Regulations.'

"Responsible authority."

3. In this Act unless inconsistent with the context or subject-matter—

"Alter" in relation to a building means to modify or change the appearance of a building whether by way of structural or other works, by painting plastering or any other form of decoration or any other means and "alteration" has a corresponding interpretation.

"Building" includes part of a building and any structure work or object or any part thereof or any appurtenances thereto.

"Council" means the Historic Buildings Council established under this Act.

"Develop" in relation to land means to construct or alter any building or place any building on such land or to carry out any works on over or under the land and includes "re-develop".

"Director" means the Director of the Council.

"Fund" means the Historic Buildings Fund established under this Act.

"Owner" in relation to a building includes any mortgagee annuitant lessee sub-lessee or purchaser of the land upon which the building is situated whose interest in the land appears from an inspection of the register

.. book kept pursuant to the provisions of the Transfer of Land Act 1958 or from a search of memorials registered pursuant to Part I. of the Property Law Act 1958.

"Prescribed" means prescribed by this Act or by the regulations.

"Provisional Register" means the provisional register of historic buildings established under this Act.

"Register" means the register of historic buildings established under this Act.

"Registered building" means a building specified in the register.

"Registered land" means land specified in the register.

"Regulations" means regulations under this Act.

"Responsible authority" has the same meaning as in the Town and Country Planning Act 1961.

"Subdivide"


"Subdivide" means to divide a parcel of land into two or more -subdivide." allotments or parts for the purpose of enabling any of the allotments or parts to be disposed of separately in fee simple and includes subdivide in; strata within the meaning of the Strata Titles Act 1967 and subdivide in cluster form within the meaning of the Cluster Titles Act 1974 and "subdivision" has a corresponding meaning.

"Treasurer" means the Treasurer of Victoria. Treasurer."

PART II.—HISTORIC BUILDINGS COUNCIL

4. (1) There shall be an Historic Buildings Council which shall Historic by that name be a body corporate with perpetual succession and a S C I L ' common seal and be capable in law of suing and being sued and of purchasing taking holding selling leasing taking on lease exchanging and disposing of real and personal property for the purposes of this Act and of doing and suffering all such acts and things as bodies corporate may by law do or suffer.

(2) Nothing in this Act shall limit the right of the Council to sue for or recover any real or personal property in the name of the Council.

(3) The seal of the Council shall not be affixed to any instrument or document except with the consent of the Minister, and he shall attest by his signature the fact and date of his approval.

(4) All courts and persons acting judicially— (a) shall take judicial notice of the seal of the Council that

has been affixed to any instrument or document; and {b) shall, until the contrary is proved, presume that the

seal was properly affixed, ' •

5. (1) The Council shall consist of twelve members being— Constitution of Council.

(a) a person nominated by the Mmister for the Arts; (b) the Valuer-General or a person nominated by him; (c) the Director-General of Public Works or a person

nominated by him; and • {d) nine members appointed by the Governor in Council

(hereinafter referred to as appointed members) of whom—

(i) one shall be a person having knowledge and experience in town and country planning selected from a panel of three names submitted by the Royal Australian Planning Institute (Victorian Division);

> - • ,

(ii) one shall be a person selected from a panel of three' names submitted by the National Trust of Australia (Victoria);

(iii) one

988 198JI Historic Buildings No. 9667

(iii) one shall be a practising architect selected from a panel of three names submitted by the Royal Australian Institute of Architects (Victorian Chapter);

(iv) one shall be a builder selected from a panel of three names submitted by the Master Builders Association of Victoria;

(v) one shall be a person selected from a panel of three names submitted by the Building Owners and Managers Association of Australia Limited, Victorian Division;

(vi) one shall be a person selected from a panel of three names submitted by the Institution of Engineers of Australia, Victorian Division;

(vii) one shall be a barrister and solicitor of the Supreme Court of Victoria with special knowledge of the law relating to town and country planning;

(viii) one shall be an historian selected from a panel of three names submitted by the Royal Historical Society of Victoria; and

(ix) one shall be a person to represent religious denominations in Victoria.

(2) If for any reason an organization does not within 28 days after the receipt of a request in writing submit a panel of names in accordance with sub-section (1), the Governor in Council may without that submission appoint any person to be a member of the Council.

(3) The Minister shall appoint one of the members of the Council to be chairman.

(4) The Minister shall appoint one of the members of the Council to be deputy chairman.

(5) The deputy chairman shall act as chairman during any period when the chairman is absent or unable (whether on account of illness or otherwise) to perform the duties of his office and shall while acting as chairman have all the powers and perform all the duties of the chairman.

(6) The Minister for the Arts the Valuer-General and the Director-General of Public Works may at any time remove his respective nominee and may nominate another person to replace him on the Council.

(7) The


(7) The Minister for the Arts the Valuer-General and the Director-General of Public Works may appoint a deputy to act for his nominee and that deputy shall in the absence of the member whose deputy he is have all the powers and carry out the duties of that member.

(8) An appointed member of the Council shall hold office for such period not exceeding three years as is specified in the instrument of his appointment but shall be eligible for re-appointment.

(9) The Governor in Council may at any time remove an appointed member of the Council from office.

(10) An appointed member may at any time resign his office by writing signed by him and delivered to the Governor in Council.

(11) In the case, of the illness or absence of an appointed member or in the case of a vacancy in the office of an appointed member the Governor in Council may, subject to this section, appoint some other person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly.

(12) A member of the Council shall be entitled to receive such fees and allowances as are from time to time fixed by the Governor in Council.

6. (1) Upon the date of commencement of section 2— (a) the Historic Buildings Preservation Covmcil shall be Transitional,

abolished and the members thereof shall go out of . office; and

(b) the Historic Buildings Council shall become and be the successor in law of the Historic Buildings Preservation Council.

(2) Upon and from the date of commencement of section 2— (a) a reference in an Act regulation order or document

to the Historic Buildings Preservation Council shall, unless inconsistent with the context or subject-matter, be deemed to be a reference to the Historic Buildings Council; and

(b) all acts, matters and things of a continuing nature lawfully made, done or commenced before the commencement of section 2 by or on behalf of the

Historic


Historic Buildings Preservation Council shall be deemed to have been made, done or commenced by or on behalf of the Historic Buildings Council.

Meetings. 7. (1) At any meeting of the Council the chairman or, in the absence of the chairman, the deputy chairman shall preside.

(2) If the chairman and the deputy chairman are not present at a meeting of the Council the members present shall elect one of their number to be acting chairman at that meeting.

(3) Seven members of the Council shall constitute a quorum and subject to the presence of a quorum the Council may act notwithstanding any vacancy in its membership.

(4) The powers and functions of the Council may be exercised in accordance with a majority of the votes of the members of the Council present and voting at any meeting and in the event of an equality of votes the chairman of the meeting shall have an additional or casting vote.

(5) An act or decision of the Council shall not be invalid by reason only of a defect or irregularity in or in connexion with the qualification or appointment of a member of the Council, or in the case of a person qualified or appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

(6) Subject to this Act, the Council may regulate its own proceedings.

Minutes of meetings.

8. (1) The Council shall cause minutes of proceedings and decisions at each meeting of the Council to be kept and shall furnish the Minister with a copy of those minutes as soon as practicable after each meeting.

(2) A copy of the minutes which have been furnished to the Minister in accordance with sub-section (1) shall be available for inspection by members of the public without charge at the office of the Council during normal office hours.

Functions of Council.

9. (1) The functions of the Council shall be—

(a) to recommend to the Minister—

(i) the buildings of architectural or historic importance which it considers should be added to the register;

(ii) the


(ii) the buildings which it considers should be removed from the register; and

(iii) any alteration which it considers should be made to any item on the register;, and

(b) of its own motion or at the request of the Minister to report to the Minister on any matter relating to buildings or land on the register or to the administration of this Act or on any matter which might facilitate the preservation of buildings on the register; and

(c) to exercise any other powers and carry out any other duties conferred or imposed on it by or under this Act..

(2) The Council may prepare reports when so requested by a responsible authority in relation to any matter referred to in clause 8 or 8B of the Third Schedule to the Town and Country Planning Act 1961 for submission to the Minister.

(3) For the purpose of carrying out its functions under this Act the Council may consult with the National Trust of Australia (Victoria) and any other person or body and carry out any investigations it thinks fit.

(4) In carrying out its functions under this Act, the Council shall consider such submissions as are from time to time made to it by the National Trust of Australia (Victoria).

10. (1) For the purposes of this Act, the Council may appoint committees. committees consisting of not less than three members of the Council.

(2) A committee shall appoint one of its members to be chairman and the chairman shall preside at all meetings of the committee at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.

(3) Three members of the Council shall constitute a quorum of the committee.

(4) Subject to this Act a committee may regulate its own proceedings.

(5) A committee may make recommendations to the Council on any matter referred to it by the Council.

11. (1) The Council may delegate to any officer of the Council Delegation.

such of the powers discretions functions or authorities conferred on it by or under this Act as it from time to time determines other than—

(a) this power of delegation; and

{b) its functions under sections 9 (1) {a), 18, 19, 35 and 36.

(2) A delegation


Director.

Disclosure of lateresu.

(2) A delegation under sub-section (1) shall be revocable at any time by the Council and shall not prevent the exercise of any power discretion function or authority by the Council.

(3) Where the exercise or performance of any power, discretion, function or authority delegated by the Council to an officer requires that the Council have or reach an opinion belief or decision in relation to any matter then that opinion belief or decision may be that of the officer and the power, discretion, function or authority may be exercised or performed upon that opinion, belief or decision.

12. (1) The Department of Planning shall provide an officer to act as Director of the Council and such secretarial administrative and other services as the Council requires for carrying out its functions.

(2) For the purposes of this Act the Council may, with the approval of the Minister—

(a) and with the consent of the Minister administering the department concerned, make use of the services of any officers and employes in any department of the Public Service;

(b) enter into an agreement with any public statutory authority with respect to the use by the Council of the services of any officer or employe employed by that authority; and

(c) enter into arrangements with any body or person with respect to any investigation study or research which in the opinion of the Council is necessary or desirable for the purposes of this Act.

(3) For the purposes of this Act the Director and any officer or employe of the Public Service or a public statutory authority seconded to the service of the Council pursuant to sub-section (2) shall be deemed to be an officer of the Council.

13. (1) A member of the Council who has any direct or indirect pecuniary interest in a contract or proposed contract with the Council or in a matter being considered or proposed to be considered by the Council otherwise than as a member, in common with other members, of a company which has at least twenty members shall, as soon as practicable after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.

(2) A disclosure made pursuant to sub-section (1) shall be recorded in the minutes of the meeting at which it is made.

(3) A member


(3) A member who makes a disclosure pursuant to sub-section ( 1 ) -

(a) shall not take any further part in any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract or other matter;

{b) shall not be counted for the purpose of ascertaining whether there is a quorum of members present and capable of considering the question.

(4) A member who makes a full and accurate disclosure pursuant to sub-section (1) and who complies with paragraph (a) of sub-section (3) shall be deemed not to be in breach of any duty owed by him to the Council by reason of his pecuniary interest in the contract, proposed contract or other matter in respect of which the disclosure was made.

(5) A member shall be deemed not to have any direct or indirect pecuniary interest by reason only of the fact that he has been appointed from a panel submitted by a body or as person to represent religious denominations in Victoria which body or denomination has a direct or indirect pecuniary interest. in a building or land which is the subject of a contract or proposed contract with the Council or in any matter being considered or proposed to be considered by the Council.

PART III.—PRESERVATION OF HISTORIC BUILDINGS

DIVISION I—REGISTER- OF HISTORIC BUILDINGS

14. (1) The Minister shall cause a register of historic buildings Register, to be established and kept.

(2) The register shall specify the buildings other than government buildings within the meaning of the Government Buildings Advisory Council Act 1972 which are registered buildings and the land which is registered land for the purposes of this Act.

(3) Subject to sub-section (4), the register shall consist of the register of historic buildings under the Historic Buildings Act 1974 as constituted immediately prior to the commencement of section 2.

(4) The Governor in Council on the recommendation of the Minister may by notice published in the Government Gazette amend the register—

(a) by adding any specified building or land; (b) by removing any specified building or land; or (c) by altering any item.

(5) A notice published in the Government Gazette. pursuant to sub-section (4) which relates to part of a building a structure work or object may describe the part with reference to the description name or address of the building structure work or object to which it relates.

15. (1) The

37843/81—32


Proyistonai 15, (}) j h e Minister shall cause a provisional register of **" ' historic buildings to be established and kept.

(2) The provisional register shall consist of any building other than a government building within the meaning of the Government Buildings Advisory Council Act 1972 which the Minister and the owner of the building agree should be included on the provisional register.

(3) The owner of any building who has been notified by the Council of its intention to conduct an examination pursuant to section 18 may within 30 days of receiving that notice and the owner of any building not being a registered building may make application to the Minister to include that buildinig on the provisional register.

(4) Before the Minister includes a building on the provisional register he shall require the owner to enter into an agreement with him under seal under which the owner covenants—

. (a) not to demolish alter or remove the building; (b) not to enter into any agreement with respect to the

sale of the land until the expiration of 30 days after he has given notice to the Minister of his intention to sell the land; and

(c) to properly preserve maintain and care for the building on the land.

(5) Before any agreement is submitted by the Minister to the owner he shall obtain a report from the Council on the proposed agreement and he shall take into account any matters raised in the report of the Council in relation to the proposed agreement.

(6) When any agreement under this section is executed by the owner of the building—

{a) a copy of the agreement shall be forwarded to the Council; and

(b) the Minister shall cause notice that the building has been added to the provisional register to be published in the Government Gazette.

(7) An agreement under this section may be determined by the Minister or the owner giving to the other 30 days notice in writing of his intention to determine the agreement.

(8) Where notice of termination is given the Minister shall notify the Council which shall pursuant to section 18 make an examination of the building.

(9) N o examination pursuant to section 18 shall be made of a building which is on the provisional register except pursuant to the provisions of the last preceding sub-section.

(10) On


(10) On the termination of the agreement the Minister shall cause the building to be removed from the provisional register and cause notice of the removal to be published in the Government Gazette.

(11) The owner of any building who fails to comply with an agreement made under this section shall be guilty of an offence against this Act.

(12) Where there has been a breach of an agreement made under this section, the Minister shall recommend to the Governor in Council that the building be added to the register under section 14.

(13) Any person who demolishes or makes any alteration to a building on the provisional register without the consent of the Minister shall be guilty of an offence against this Act.

16. (1) Forthwith after the provisional register and the register NOUCC to are first established the Council shall lodge— c ^ ^ ^ d

(a) in the case of land not registered under the Transfer xSs."" ° of Land Act 1958 with the Registrar-General;

(b) in the case of land registered under the Transfer of Land Act 1958 with the Registrar of Ti t les-

notice of any matter on the register or provisional register which affects the land.

(2) Each time the register or provisional register is amended the Council shall give notice to the Registrar-General or the Registrar of Titles (as the case may be) of any land affected by such amendment.

(3) Notwithstanding anything in sub-section (1) no notice need be given of any registered building or registered land in respect of which notice has been given pursuant to the Historic Buildings Act 1974 and any reference on the register to the register under the Historic Buildings Act 1974 shall be read and construed as a reference to the register established pursuant to this Act.

(4) On receipt of such a notice the Registrar-General or the Registrar of Titles (as the case may be) shall make such entries as he thinks necessary or convenient for the purpose of bringing the notice to the attention of persons who search the register book or registered memorials of the land to which the notice relates.

(5) The Registrar-General or the Registrar of Titles (as the case may be) may require such evidence of the identity of any land affected by the notice lodged under this section as he thinks fit.

(6) A fee shall not be charged for the lodging of a notice by the Council under this section.

17. (1) A copy of the register and the provisional register, copies or duly amended, shall be kept at the office of the Council, registers.

(2) A copy


Council to make examination and recommendation to Minister.

(2) A copy of SO much of the register or the provisional register, duly amended, as relates to any building on the register or the provisional register on land—

(a) subject to the jurisdiction of the Melbourne and Metropolitan Board of Works;

{b) forming part of the specified area for which a regional planning authority was established under the Town and Country Planning Act 1961;

(c) situated within the municipal district of a municipality; {d) subject to the jurisdiction of the Geelong Regional

Commission; or (e) subject to the jurisdiction of the Upper Yarra Valley

and Dandenong Ranges Authority— shall be kept at the office of the Board, Commission authority or council of the municipality (as the case requires).

(3) The Council shall forward notice of any amendment of the register and the provisional register to the Melbourne and Metropolitan Board of Works the Geelong Regional Commission the Upper Yarra Valley and Dandenong Ranges Authority and to any authority or the council of a municipality required to keep a copy of the register or provisional register or part thereof pursuant to sub-section (2).

(4) A copy of the register, provisional register or any part thereof kept pursuant to this section, shall be available for inspection by members of the public at the office concerned during normal office hours.

18. (1) The Council shall— {a) of its own motion; (b) on the application of the National Trust of Australia

(Victoria); (c) on the application of the owner of the relevant building

in the prescribed form; or id) at the direction of the Minister—

make an examination as to whether a building should be added to or removed from the register or that any alteration be made to any item on the register.

(2) Where the Council proposes to miake an examination pursuant to sub-section (1) it shall notify the owner of the building concerned of its intention and shall give notice of the part or parts of the building and land in respect of which it proposes to make its examination.

(3) The Council sha,ll not make an examination in respect of any building which is subject to an application to the Minister pursuant to section 15 unless the Minister otherwise directs.

(4) Any


(4) Any person may in the prescribed form make a request to the Minister to direct the Council to make an examination pursuant to sub-section (1).

(5) When the Minister has made a determination in respect of a request under the last preceding sub-section he shall advise the applicant and the Council of his determination and of the reasons therefor.

(6) The Council may, after carrying out an examination pursuant to sub-section (1) recommend to the Minister that—

(a) a building should be added to the register; (b) a building should be removed from the register; or (c) an alteration should be made to an item on the register.

(7) In making an examination the Council shall consider whether the building is of such architectural or historic importance as to warrant preservation of the building and may at that time (and shall in the event of a request under sub-section (8)) consider whether—

(a) preservation of the building is economically feasible; (b) registration would render the building incapable of

reasonable or economic use; and (c) preservation of the building could be achieved without

causing undue financial hardship to the owner in relation to the building or land—

and may consider any other matters which to it seem relevant. (8) Before a recommendation is made to the Minister under

sub-section (6), the Council shall give the owner of any building concerned an opportunity of being heard and—

(a) if the owner of the building so requests at the hearing the Council shall consider and report on any submissions made by the owner in relation to the matters set out in sub-section (7); and

(b) if the owner of the building so requests at the hearing the Council shall furnish him with a written statement of the reasons for its recommendation.

(9) In making a recommendation to the Minister the Council shall report on—

(a) all of the matters considered pursuant to sub-section (7);

(b) any matters raised by an owner of the building pursuant -to a hearing under sub-section (8); and

(c) whether the whole of the building should be included on the register or whether a structure works or object or any part thereof or appurtenances to the building should be included on the register.

(10) In


Certain lands surrounding building to be registered land.

Transitional.

(10) In making an examination in relation to a building which is or has been on the provisional register the Council shall not draw any inferences or conclusions from the fact that the building is or has been on the provisional register.

19. (1) Where the Council considers that the historic or architectural importance of a building on the register or proposed to be included on the register would be substantially less if the 'land or any part of the land which is or has been used in conjunction with the building were subdivided or developed, it may, if the land is in the same ownership as the building, recommend to the Minister that so much of the land as is necessary to be preserved to maintain the historic or architectural importance of the building be added to the register.

(2) The provisions of section 18 shall apply to land referred to in sub-section (1) and in applying the provisions of that section the word "building" shall be read and construed as "land".

(3) Subject to this Act, land on the register shall remain on the register notwithstanding that it ceases to be in the same ownership as the building to which it relates.

20.'(1) Where prior to the commencement of section 2 of this Act the Governor in Council has by notice published in the Government Gazette added any land on which a building is situated or other land in the vicinity thereof to the register of historic buildings under the Historic Buildings Act 1974, that land shall, subject to sub-section (2)—

(a) be deemed to have been validly added to that register under the Historic Buildings Act 191 A; and

{b) if the land is still listed on that register immediately prior to the commencement of section 2 of this Act be deemed to be registered land for the purposes of this Act.

(2) Sub-section (1) shall not apply to land in respect of which— {a) a permit has been issued by the responsible authority

for the sub-division or development of the land after the designation of the building concerned and before the commencement of section 2;

(6) a plan of sub-division has been sealed by the municipal council under section 569B of the Local Government Act 1958 after the designation of the building concerned and before the commencement of section 2; or

(c) a permit has been issued for the erection of a building on the land by the municipal council in accordance with the regulations made under section 925 of the Local Government Act 1958 after the designation of the building concerned and before the commencement of section 2.

21. (1) The

1981 • Historic Buildings No. 9667 999

21. (1) The .Council shall give notice to, each person who NoUce or appears to it to-be the owner of the building or land of any to^T""*" recommendation to the Minister pursuant to section 18 and may cause notice of the recommendation to : be published in the Government Gazette.

(2) A notice pursuant to sub-section (1) shall invite submissions to be made to the Minister with respect to the Council's recommendation in respect of which the notice is given and shall specify the period, being a period of not less than 28 days during which and the manner in which those submissions shall be made;

(3) The Minister may extend the period during which submissions may be made pursuant to sub-section (2). *

22. An owner of a building or land may make a,submission owner to the Minister on any matter that the Council was required.to submission,

consider under section 18 and in particular in' relation ,to.the following matters: ' .

(a) That the building or land the subject of the recommendation should not be placed on the register because it is not of historic or architectural importance;

(b) That the building or land the subject of the recommendation should not be placed on the register by reason that its registration is not necessary;

(c) That the building or land the subject of the recommendation should not be placed on the register by reason that such a recommendation would render the building or land incapable of reasonable or econoinic use;

(d) That the preservation of the building or land the subject of the recommendation could not be achieved without causing undue financial hardship to the owner in relation to the building or land. -

23. Where a person makes a submission on a recommendation Inquiry into

of the Council pursuant to section 22, the Minister shall appoint '"'''™"'°''-the chief chairman of the Planning Appeals Board to hold an inquiry into all submissions made with respect to that recommendation. ''

24. At an inquiry held under section 23— . wght or (a) any person who has made a submission pursuant to inquiry,

section 22; (b) the National Trust of Australia (Victoria); (c) the Historic Buildings Council; and (d) any other person with the consent of the owner and

the Council or with the leave- of the Minister— may appear at the inquiry.

25. (1) At


Report of inquiry held under t, 23.

EBeet of registration of a Eiitorlc building or land.

25. (1) At the conclusion of an inquiry held under section 23, the person who held the inquiry shall furnish a report in writing to the Minister containing a summary of the submissions made at the inquiry, the findings of that person with respect to those submissions and a recommendation as to how those submissions should be. dealt with.

(2) The Minister shall forward a copy of any report under sub-section (1) to the owner of the building or land and to the Council which shall unless the Minister in his absolute discretion otherwise directs make the report available for inspection by members of the public without charge at the oflSce of the Council during normal office hours.

26. (1) This section has effect subject to any regulation under the Local Government Act 1958 relating to the securing pulling down or removal of ruinous or dangerous buildings but otherwise notwithstanding anything in or authorized by or under that or any other Act.

(2) A person shall not in respect of any registered building or registered land—

(a) remove or demolish that building; {b) damage or despoil that building or land or any part

of that building or land; (c) carry out any development in relation to the land on

which that building is situated, or that land; {d) alter that building; or (e) subdivide the land on which that building is situated

or that land— or authorize any other person to do any of the above-mentioned things, except in accordance with a permit granted by the Council.

(3) An owner of a registered building or registered land may apply to the Council in the prescribed form for a permit—

(a) to do; or {b) to authorize any other person under the direction of the

owner to do— any of the things set out in sub-section (2).

(4) Upon receipt of an application imder sub-section (3) the Council—

(a) shall cause a copy of the application to be served on the council of the municipality in which the registered building or registered land is situated and, except where the responsible authority is the council of the municipality, the responsible authority for the area in which the registered • building^ or registered land is situated;

{b) shall

1981 Historic, Buildings No. 9667 1001

{b) shall unless in . the case of a proposed alteration it considers the alteration will not detrimentally affect the. registered building or registered land cause notice of the application to be published in a newspaper circulating in the district in which .the registered building or registered land is situated; and

. , (c) may require the owner to cause a copy of the application to be continuously displayed in a conspicuous position on the registered building or registered land to which it relates for. a specified period not exceeding 28 days,

. (5) An owner shaU be deemed • to have complied with any requirement under paragraph (c) of sub-section (4) if the Council is satisfied that he took all reasonable steps to ensure that the notice was continuously and conspicuously displayed as required by that paragraph during the specified period.

(6) During the period of 28 days after publication of notice of an application pursuant to sub-section, (4) (6)^-

(a) the application shall be available for inspection by members of the public without charge at the office of the Council during normal office hours; and

{b) any person may lodge with the Council representations in writing with respect to the application.'

(7) At the time a building or land is added to the register the Minister after considering a report from the Councir may declare that alterations of a class or classes specified in the declaration may be carried out without a permit.

(8) After a building has been added to the register the owner may apply to the Council for a declaration that certain alterations iriay be carried out without a permit. ;

(9) Sections' 27, 28, 29, 30, 31 and 32 shall with such modifications as are necessary apply to an application for a declaration under the last preceding sub-section as if the application were an application for a permit.

(10) Sub-section (2) shall not apply to or in relation to any alteration made in accordance with a declaration under this section.

(11) Sub-section (2) shall not apply to any alteration to a registered building or registered land (being a church or land within the precinct of a church) for purposes which are of a reUgipus or liturgical nature.

27. (1) Any application to the Council under section 26 shall g ^ ^ * " ' » be examined and determined by the Council which shall determine whether a permit or declaration should be granted or refused and whether the grant of a permit or declaration should be subject to conditions or not.

(2) In


Submlasion to ' the Minister a^lnst oertain determlnatlom of tbe Council.

(2) In making an examination under sub-section (1) the Council shall take into consideration—

{a) the extent to which that application, if approved, would affect the histoi-ic or architectural importance of that building or in the case of registered land of the building to which it relates;

{b) the extent to which the application, if refused, would affect the reasonable or economic use of the building or land or would cause undue financial hardship to the owner in relation to the building or land;

(c) the representations, if any, made with respect to that application under section 26 (6); and

{d) such matters relating to the preservation of that building as to it seem relevant.

(3) The Council shall within 60 days of receipt of an application under section 26 or any longer peHod specified in any particular case by the Minister grant or after giving the owner an opportunity of being heard refuse to grant the permit or declaration.

(4) A permit may be granted subject to any conditions that the Council thinks fit.

(5) Without limiting or restricting the power of the Council to impose conditions under sub-section (4), the Council may, in granting a permit, impose a condition that the applicant give security in such form and amount as is determined by the Council having regard to the nature and extent of the work referred to in the permit to ensure the satisfactory completion of that work.

(6) If the Council does not notify the applicant of its decision pursuant to sub-section (3) within 60 days after receipt of the apphcation or any longer period specified by the Minister the Council shall be deemed to have granted a permit in respect of the application.

(7) Where an application is made to the council of a municipality or other authority in respect of the doing or carrying out of an act matter or thing for which a permit of the Council has been granted subject to conditions and the council, or other authority determines the application by granting approval subject to conditions, the conditions subject to which the approval of that council or authority is granted shall not be inconsistent with the conditions subject to which the permit of the Council has been granted.

28. An applicant dissatisfied with a decision of the Council with respect to an application made under section 26 may make a submission to the Minister—

{a) within three months after the date on which he received notice of that determination; or

{b) within


{b) within such longer period as the Minister may in special circumstances allow.

29. Where a submission is made to the Minister under section 28, Appointmeni

the Minister shall appoint the chief chairman of the Planning to Ejrnish

Appeals Board to furnish a report to him with respect to that y^"t^. *° submission containing—

(a) a summary of the submission and a recommendation as to whether the permit should be refused or granted either unconditionally or subject to such conditions as may be specified in the report; and

(6) the reasons for that recommendation.

30. Before making a report under section 29, the person Right of furnishing that report shall, if the person making the submission, '""''"s-the Council or a person who has made representations to the Council under section 26 (6) with respect to the application for a permit from the determination of which the submission has been made so desires, afford him or it an opportunity of being heard.

31. (1) The Minister after considering a report furnished to Governor in

him pursuant to section 29 may return the report to the chief d̂ wSS".' chairman of the Planning Appeals Board for further consideration or make a recommendation with respect to the matter to the Governor in Council.

(2) The Governor in Council on the recommendation of the Minister may—

(a) refuse to grant the permit; or {b) allow the permit either unconditionally or subject to

such conditions as he thinks fit. (3) Where a report is returned under sub-section (1) sections

28 and 30 and sub-section (1) apply in respect of the further consideration of the report in the same way as they apply in respect of the furnishing of the report.

32. The decision of the Governor in Council under section EOect of the 31 shall be final and shall be given effect to by the Council. coS°s "

decision.

DIVISION 2—OFFENCES AND REPAIR ORDERS '

33. Where the owner of a registered building or registered ^^„^,„ land enters into a contract of sale of a registered building or g|{{,3J8bterei registered land he shall give the Council notice of such contract land. in the prescribed form within 28 days of the date of the contract.

34. A person


Allowing building to fail into disrepair.

34. A person shall not allow a registered building to fall into disrepair for the purposes of—

{a) effecting or enabling the demolition of that building ; ' {b) enabling the development of the land on which that

building is situated; or (c) enabling the development of any land adjoining the land

on which that building is situated.

Notices to sliow cause why certain repain sliould not be carried out.

Orders for llie carrying out or repairs.

35. (1) Where the Council is of the opinion that a registered building has been or is being allowed to fall into disrepair for the purpose of—

{a) effecting or enabling the demolition of that building; ib) enabling the development of the land on which that

building is situated; or (c) enabling the development of any land adjoining the land

on which that building is situated— it may with the consent of the Minister serve written notice on the owner of that building requiring that owner to show cause, within 21 days after the date of that notice, why it should not make an order requiring that owner to carry out such repairs as are specified in the notice within such period as is specified.

(2) The Council, in a notice referred to in sub-section (1), shall specify only such repairs as, in its opinion, are necessary to prevent any further deterioration in the condition of the building the subject of that notice.

(3) A notice referred to in sub-section (1) shall inform an owner on whom it is served of the provisions of sections 36, 37 and 38.

36. (1) Where an owner on whom a notice is served under section 35 (1) fails to show cause, as referred to in section 35 (1), in respect of all or any one or more of the repairs specified in that notice, the Council with the consent of the Minister may order that those repairs be carried out within such period as is specified in the order.

(2) The Council shall cause a copy of an order made under sub-section (1) to be served on the owner referred to in that sub-section.

Appeal to llie County Court.

37. (1) An owner on whom a copy of an order made under section 36 (1) is served may appeal against the order to a judge of the County Court within one month after the service of the notice or within such further time allowed by the judge and pending the hearing of an appeal under this sub-section a judge of the County Court may grant an extension of the time for compliance with an order and any such extension may be made subject to such conditions as the judge thinks fit.

(2) Where


(2) Where the judge— (a) is satisfied that the building or work the subject of the

order made under section 36 (1) has not been or is not being allowed to fall into disrepair for any of the purposes referred to in section 35 (1) (a), {b) or (c), he shall quash the order; or

{b) is not so satisfied, he shall confirm the order. (3) A decision under sub-section (2) shall be final and shall,

in the case of a decision made under sub-section (2) {b), have effect from the date of the decision, as if it were an order of the Council under section 36 (1).

(4) Every such appeal shall be in the nature of a re-hearing and the judge will entertain inquire into and decide upon the appeal and for that purpose may do all such matters and things relating thereto and in the same manner and to the same extent as he is empowered to do in the exercise of his ordinary jurisdiction.

38. An owner on whom an order under section 36 (1) is Fanore co served who fails to comply with that order within the period specified order under in that order or any extension, granted by the Council or by a •" '*' judge on application of that owner, of that period shall be guilty of an offence against this Act.

39. (1) Any person who contravenes or fails to comply with offences, any provision of this Act or of any interim preservation order, repair order or any condition of a permit shall, without prejudice to any other consequences which arise under this Act by reason of such contravention or failure be guilty of an offence against this Act and liable—

{a) for a first offence to a penalty of $5000 or imprisonment for twelve months or both the fine and the imprisonment;

{b) for a second or subsequent offence, to a penalty of $10 000 or imprisonment for two years or both the fine and the imprisonment; and

(c) in the case of a continuing offence to a further penalty of not more than $100 for every day during which the offence continues after conviction.

(2) Where a body corporate is guilty of an offence against spodai this Act, any person being the chairman, member of the governing {;°̂ 2ei"by body, director, manager, secretary or officer of the body corporate ^^^ shall be deemed to have committed the like offence and be liable to the penalty provided by this Act in the case of such an offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

(3) Notwithstanding anything in any Act proceedings for an offence against this Act may be brought within the period of three years after the commission of the alleged offence.

DIVISION

1006 1981 Historic Buildings No. 9667 I

DIVISION 3—INTERIM PRESERVATION ORDERS

Interim 40, (1) This section has eflFect subject to any regulation under order*, the Local Government Act 1958 relating to the securing pulling-

down or removal of ruinous or dangerous buildings but otherwise notwithstanding anything in or authorized by or under that or any other Act.

(2) The Council with the consent of the Minister may cause an interim preservation order which shall be in the prescribed form or to the like effect to be served on the owner of any building which is being investigated by the Council, where in the opinion of the Council it is necessary or desirable to do so for the purposes of achieving the objects of this Act.

(3) An interim preservation order may be served on the owner—

(a) by delivering it to him; {b) by leaving it at his usual or last known place of abode;

or (c) by forwarding it by post in a prepaid letter addressed

to him at his usual or last known place of abode.

(4) Where the name or the address of the owner of a building is unknown, the order may be served—

(a) by delivering it to the occupier or leaving it at the building; and

{b) by publishing it three times at intervals of not less than one week in the Government Gazette and in a newspaper circulating generally in Victoria.

(5) Where an interim preservation order has been served on an owner pursuant to sub-section (3) or on an occupier pursuant to sub-section (4), the owner or occupier (as the case may be) shall cause notice of the existence of the interim preservation order in the prescribed form to be continuously displayed in a conspicuous position on the building to which the order relates during the period that the interim preservation order is in force.

(6) An owner or occupier shall be deemed to have complied with sub-section (5) if the Council is satisfied that he took all reasonable steps to ensure that the notice was continuously and conspicuously displayed as required by that sub-section during the period that the interim preservation order is in force.

(7) While an interim preservation order served under this section remains in force any person who—

(a) removes or demolishes the building to which it relates or causes or allows that building to be removed or demolished;

(6) without


{b) without a permit under section-27 alters the building to which it relates or causes or allows the alteration of that building—

shall be guilty of an offence.

(8) A building the subject of an interim preservation order shall be deemed to be a registered building for the purposes of obtaining a permit under section 27 to make alterations to that building.

(9) An interim preservation order— (a) shall take effect from the day it is served on the owner

or occupier or the day of the third publication pursuant to sub-section (4) whichever is the later;

{b) shall subject to paragraph (c) remain in force for a period of six months or for any further period specified by the Minister; and

(c) shall cease to have any force or effect— (i) if it is cancelled by order of the Minister; or

(ii) if the building to which it relates is added to the register.

DIVISION 4—COVENANTS

41. (1) An owner of any registered land or land upon which a covenants. registered building is situated may enter into a covenant with the Minister which binds the owner as to the development or use of the land or any part thereof or the preservation maintenance or care of any registered building thereon.

(2) A covenant under sub-section (1) may be released^by the Minister or varied by an agreement between the Minister and all persons having an interest in the land burdened by the covenant who are bound by the covenant. •

(3) Subject to obtaining the prior approval of the Minister, an owner of any registered land or land upon which a registered building or any building which the National Trust of Australia (Victoria) considers is of historic or architectural importance is situated may enter into a covenant with the National Trust of Australia (Victoria) which binds him as to the development or use of the land or any part thereof or the preservation maintenance or care of any buildings thereon. > •

(4) With the approval of the Minister a covenant under sub-section (3) may be released by the National Trust of Australia (Victoria) or varied by an agreement between the Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.

(5) Where


(5) Where the owner of any land who first enters into a covenant with the Minister or the Trust under this section is imable to reach agreement with the Minister or the Trust regarding the release of the covenant, the matter shall be determined by the Governor in Council whose decision shall be final and the decision of the Governor in Council shall be given effect to by the Minister or the Trust, as the case may be.

(6) Where the owner of any land has agreed to enter into a covenant with the National Trust of Australia (Victoria) or to vary such a covenant under this section the Trust shall send to the Minister—

(a) details of the proposed covenant or variations of the covenant; and

(b) a map of the land concerned and the surrounding area indicating the names and addresses of the owners of land in the vicinity of the land concerned and the purpose for which the land concerned and such other land is used.

(7) Where the owner of any land has agreed to enter into a covenant with the Minister or the National Trust of Australia (Victoria) or to vary such a covenant under this section the Minister or the Trust (as the case may be) shall publish in the Government Gazette and in a newspaper circulating generally in the area in which the land concerned is situated a notice setting out the location of the land, giving details of the proposed convenant or variation of the convenant and stating that written submissions with respect to the proposed covenant or variation of the covenant may be made to the Minister within 28 days of the publication of the notice in the Government Gazette.

(8) Where the Minister considers that owners of land in the vicinity of the land concerned may be affected by a proposed covenant or variation of a covenant under this section he may^

(a) give notice of the details of the proposed covenant or variation of the covenant to such owners; or

{b) direct the Trust to give such notice to such owners as he specifies.

(9) Notice given under sub-section (8) shall state that written submissions with respect to the proposed covenant or variation of covenant may be made to the Minister within 28 days of the date of the notice.

(10) The Minister shall consider any submissions received within 28 days of the publication of the notice in the Government Gazette or in the case of a submission received from an owner to whom

notice


notice was given under sub-section (8) within 28 days of the date of the notice or of such publication (whichever is the later) and may—

(a) where it is proposed to enter into a covenant with the National Trust of Australia (Victoria) or to vary such a covenant, approve or refuse to approve the covenant or variation; or

(b) where it is proposed to enter into a covenant with the Minister or vary such a covenant, enter or refuse

-to enter into the covenant or agree or refuse to agree to the variation.

(11) Notice of the Minister's decision under sub-section (10) shall be published in the Government Gazette.

42. (1) This section applies to any agreement made under Regutrauon section 15 or any covenant entered into under section 41 and to or agreement,

any variation or determination of any such agreement or covenant.

(2) Where any land to which this section applies is under the operation of the Transfer of Land Act 1958 the Registrar of Titles on the application of the registered proprietor of the land shall enter a memorandum of the effect of the agreement covenant variation or determination upon the relevant Crown Grant or Certificate of Title and where the land is not under the operation of the Transfer of Land Act 1958 a memorandum of the agreement or covenant or the variation or determination of the agreement or covenant may be registered pursuant to Part I. of the Property Law Act 1958.

(3) Where any memorandum has been registered under sub-section (2) the burden of any covenant in respect of which a memorandum has been registered shall run with the land affected and the Minister or the National Trust of Australia (Victoria) (as the case may be) shall have power to enforce the covenant against persons deriving title from the person who entered into the covenant as if it were a restrictive covenant notwithstanding that it may be positive in nature or that it is not for the benefit of any land of the Minister or the Trust.

PART IV.—HISTORIC BUILDINGS FUND

43. (1) For the purposes of this Act there shall be a Fund to gjj{^=, be called the Historic Buildings Fund. Fand."*'

(2) The Council shall open and maintain accounts with the State Bank of Victoria or any other bank from time to time approved by the Treasurer and shall maintain at all times one such account to be used for the purposes of the Fund.

(3) There


(3) There shall be paid into the Historic Buildings Fund— {a) all moneys appropriated by Parliament for the purposes

of this Act; (b) all moneys borrowed by the Council; and (c) all other moneys received by the Council.

(4) Moneys held in the Historic Buildings Fund which for the time being are not required for the purposes of this Act may with the consent of the Minister be invested by the Council in such securities as the Treasurer from time to time approves.

(5) Interest earned by the investment of moneys in the Historic Buildings Fund pursuant to sub-section (4) shall be credited to that Fund.

(6) Moneys standing to the credit of the Fund may be applied by the Council—

(a) with the consent of the Minister in the making of loans and grants under this Act;

{b) in payment of any expenses incurred in the administration of this Act;

(c) in payment of remuneration and allowances payable to members of the Council under this Act;

{d) in repayment of money borrowed by the Council under this Act and any charges or interest thereon; and

(e) in any other way authorized by this Act.

coiffldT'̂ o ^ ' (̂ ^ '̂ ^® Council with the consent of the Minister may borrow money, borrow and re-borrow (whether by way of overdraft or otherwise)

money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer.

(2) The Treasurer may execute in favour of any institution person or body lending money to the Council a guarantee for the repayment thereof.

(3) A guarantee given by the Treasurer under this section— {a) shall, subject to this sub-section, be in such form and

subject to such terms and conditions as the Treasurer thinks fit;

{b) rnay extend to any interest charges and other expenses chargeable by the institution person or body making the loan and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and those interest charges and expenses;

(c) shall


(c) shall be subject to the condition that the institution person or body making the loan shall obtain take and hold or retain and hold securities of such nature as the Treasurer may require for the repayment of the loan and the payment of any interest charges and expenses;

{d) shall be subject to the condition that the institution person or body making the loan shall not without the prior consent in writing of the Treasurer assign or encumber the benefit of the guarantee; and

(e) shall not be enforceable against the Treasurer unless the institution person or body making the loan has, to the Treasurer's satisfaction, exercised its rights and remedies under all securities held by or for it in respect of the loan and any interest charges and expenses.

(4) Any sums required by the Treasurer in fulfilling any guarantee given under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.

(5) Before a guarantee is given by the Treasurer under this section the Council shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.

(6) The Council shall apply and use all moneys borrowed under the power conferred by this section for the purposes of carrying this Act into effect.

45. (1) The Council shall cause to be kept proper accounts councn lo K6CO fiCCOUntS

and records of its transactions and affairs, and records.

(2) The Council shall at the end of each financial year cause to be prepared a statement of accounts in a form appropriate to the activities of the Coimcil including such information as is necessary to give a true and fair view of the financial transactions and state of affairs of the Council.

(3) The statement of accounts shall be audited by the Auditor-General who shall have in respect of the accounts and records of the Council all the powers conferred on him by any law now or hereafter in force relating to the inspection and auditing of the public accounts.

(4) The Council shall as soon as practicable after the end of each financial year but in no case later than the following thirtieth day of September submit to the Minister the audited statement of accounts.

(5) The


Power of Council to accept gifti, etc.

Making of ioans and grants by Council.

Rales of interest on loans.

Acquisition of land by Council.

(5) The Council shall each year pay into the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of the audit under this section.

(6) The financial year of the Council shall be the year ending on 30 June.

46. The Council may acquire by gift, grant, bequest or demise any property and agree to carry out any conditions of any such gift, grant, bequest or demise.

47. (1) The Council may, with the consent of the Minister, make a grant or loan for the purposes of assisting the preservation or restoration of a registered building.

(2) Subject to section 48 the Council may, in making a grant or loan, impose such conditions as in its opinion are appropriate to assist the preservation or restoration of the building in respect of which the grant or loan is made.

48. A loan made by the Council shall be— (a) at the rate of interest for the time being fixed by the

Treasurer generally for the purposes of this Part; or {b) if the Treasurer so approves—

(i) at such rate of interest as may be fixed by him In respect of that loan; or

(ii) without interest.

49. (1) The Council may, with the consent of the Minister, for the purposes of this Act, acquire registered land or land upon which a registered building is situated by lease, purchase or exchange or by compulsory acquisition in accordance with this Part.

(2) The Lands Compensation Act 1958 and Part III. of t!ie Valuation of Land Act 1960 are hereby incorporated with this Act and subject to and so far as is consistent with this Act shall be read and construed as one therewith and shall take effect with regard to any purchase or compulsory acquisition of land under the provisions of this section.

(3) For the purposes of this Act, in the construction of the Lands Compensation Act 1958 and the Valuation of Land Act 1960 unless inconsistent with the context or subject-matter—

"Minister of Public Works" and "Minister" shall mean the Council;

"Special Act" shall mean this Act; "Works" or "The Undertaking" shall mean the preservation

of a registered building— but for the purposes of sub-section (2) of section 11B of the Lands Compensation Act 1958 the addition of a building to the register

under


under this Act shall not be regarded as a notice or statement relating to the proposal to investigate or carry out the works or undertakings.

50. (1) The Council, except where it has otherwise agreed Powerin may, with the consent of the Minister in such manner, and subject to sell land, to such terms and conditions as in the opinion of the Council are appropriate, sell, lease, exchange or otherwise deal with or dispose of any property that has been acquired by the Council, under this Part and grant easements or rights of way over any land or any part thereof that has been so acquired by the Council.

(2) The rental or other consideration to be received by the Council in respect of a lease of property acquired for the purposes of this Act shall be fixed by the Council so as to produce an amount not less than such percentage as the Treasurer may direct, in respect of that lease, or of leases of the class to which that lease belongs, of the fair market value of the property leased.

51. (1) The Council may, with the consent of the Minister, s^«> provide special assistance to the owner of a registered building for the purpose of preserving or restoring that registered building.

(2) Where the Council decides to provide special assistance under sub-section (1) it may do one or both of the following:

{a) Subject to this section, with the consent of the Treasurer by resolution remit or defer the payment of the whole or any part of the tax payable by the owner under the Land Tax Act 1958 that is attributable to the land on which the registered building is situated;

{b) Subject to this section, after consultation with the relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, by resolution remit or defer the payment of the whole or any part of any relevant rates, payable in respect of the land on which the registered building is situated.

(3) Where the Council by resolution remits or defers the payment of any rates or taxes under this section, the rates or taxes shall be remitted or deferred for such period as the Minister on the recommendation of the Council and with the approval of the Treasurer or the relevant Minister (as the case requires) may specify.

(4) Any resolution made by the Council under sub-section (2) may at any time and in like manner and subject to the like consents and conditions (if any) be varied or revoked by the Council.

(5) The


(5) The Commissioner of Land Tax and any rating authority concerned shall comply with any resolution made by the Council under this section.

(6) Where— (a) a building is removed from the register on the application

of any owner; or {b) a permit has been granted to the owner under section

• 27 to remove or demolish a registered building— any land tax or rates remitted under this section in respect of the property during the five years preceding the removal of the building from the register or the grant of the permit shall, unless the Minister after considering a report from the Council otherwise directs, become payable forthwith.

(7) All rates or taxes deferred under this section together with such interest (if any) as the Minister, on the recommendation of the Council, may specify, shall become payable forthwith upon the expiry of the period of deferment.

(8) Where a permit has been granted to an owner under section 27 to alter a registered building and the Minister after considering a report from the Council so directs, any land tax or rate remitted under this section during the five years preceding the grant of the permit or consent shall become payable forthwith.

(9) The Council shall in making a report to the Minister under this section consider whether the granting of the permit or consent will result in a substantial increase in the value of the land on which the registered building is situated.

PART V.—ORDERS OF THE SUPREME COURT

Interpretation 5 2 . I n thiS P a r t —

(a) a reference to a breach of this Act is a reference to— (i) a contravention of or failure to comply with this

Act; and (ii) a threatened or an apprehended contravention of or

a threatened or an apprehended failure to comply with this Act; and

(6) a reference to this Act includes a reference to a permit given under this Act or a condition subject to which a permit is given.

Jf̂ breadief̂ f ^^' ^^^ ̂ ^ person may bring proceedings in the Supreme Siis Act" " Court for an order to remedy or restrain a breach of this Act.

(2) Proceedings


(2) Proceedings brought under sub-section (1) shall be brought in accordance with the rules of the Supreme Court; • '

54. (1) Where the Supreme Court is satisfied that a breach of |*„"'̂ 'm°'c?urt this Act has been committed or that a breach of this Act will, unless restrained by order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the breach.

(2) Without limiting the powers of the Supreme Court under sub-section (1), an order made under that sub-section may—

(a) where the breach of this Act comprises the erection of a building or the carrying out of a work-^require .the demolition or removal of the building or work; or

{b) where the breach of this Act has the effect of altering the appearance of a building or the state of l a n d -require the restoration of the building or the reinstatement, so far as is practicable, of the land to the condition the building or land was in immediately before the breach was committed.

(3) An order made under sub-section (1) shall have effect and may be enforced as if it were an order or'judgment made by the Supreme Court under the Supreme Court Act 1958.

55. The functions of the Supreme Court under this Part Application of are in addition to and not in derogation from any other function ''"'' of that Court.

PART VI.—MISCELLANEOUS

56. (1) The Minister may estabhsh committees consisting of Advisory such number of persons as the Minister thinks fit to advise the c<"°™'"ees. Minister on such matters as the Minister refers to such committees.

(2) The members of such committees shall not by virtue only of their office as such be subject to the provisions of the Public Service Act 1974.

(3) The Minister may at any time remove any member of any such committee from office.

(4) A member of a committee shall be entitled to receive such fees and allowances as are fixed from time to time by the.Governor in Council.

57. (1) Where the owner of any registered building or land Declaration by

has been convicted of an offence against sections 26, 38 or 40 or c o S " " the Minister has declared that the owner of any building or land on the provisional register has in his opinion failed to comply

with


with the agreement the Governor in Council may by Order in Council published in the Government Gazette declare that building or land or both the building and land in question shall not be developed or used during such period not exceeding ten. years as is specified in the Order.

(2) The Governor in Council may by Order pubhshed in the Government Gazette revoke or vary any Order made under this section.

ESec( ot declaration under s. J7.

58. While any Order under section 57 is in force no person shall carry out any works on the land or cause or permit any development of the land or make any alteration to any building on that land and any planning permit building permit demolition permit or any other permit or authority relating to the development or use of the land shall be of no force or effect.

Historic Buildings Council exemption from liability.

59. No action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Council or any member of the Council or member of an Advisory Committee acting in the performance of a duty or function or the exercise of a power under this Act or the regulations for or in respect of any damage loss or injury sustained or alleged to be sustained as a result of the performance of that duty or function or the exercise of that power.

Historic Buildings Preservation Council exemption from liability.

60. No action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Historic Buildings Preservation Council constituted under the Historic Buildings Act 191A or any member of that Council acting in the performance of a duty or function or the exercise of a power under the Historic Buildings Act 1974 or the regulations thereunder for or in respect of any damage loss or injury sustained or alleged to be sustained as a result of the performance of that duty or function or the exercise of that power.

Council may enter building or land.

61. (1) For the purposes or in the course of carrying out any of its functions or duties under this Act any member of the Council and any person authorized by the Council may with the consent of the occupier or in the absence of such consent after giving two clear days' notice to the occupier (if any) enter into and upon any building or land at any reasonable time and no member or person so authorized shall be liable to any legal proceedings on account of any such entry.

(2) Any person who—

(a) obstructs or hinders; or [{b) refuses


(b) refuses permission to enter any building or land to any member of the Council or any person authorized by the' Council in the performance of anything which that person is authorized by this section to do—

shall be guilty of an offence.

62. (1) The Council shall at least once in every year and not Annual report. later than 30 September in each year make a report to the Minister on the operation of this Act.

(2) The report shall, in respect of the year for which it is prepared, include— •

{a) a summary of all recommendations made by the Council to the Minister during that year;

(b) in the case of— (i) the first report—a copy of the register kept under

section 14 (1) and the provisional register; and (ii) each subsequent report—particulars of all additions

to, deletions from and other amendments of, that register and the 'provisional register during that year;

(c) particulars of such financial assistance as is provided under Part IV. during that year; and

{d) the audited- statement of accounts prepared pursuant to section 45.

(3) The Minister shall cause the report to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Council or the Assembly (as the case may be) after the report has been received by him.

63. (1) The Governor in Council may make regulations for o r Regulations,

with respect to— (a) prescribing the form of the register, the provisional

register, and the particulars to be contained therein; {b) prescribing forms for the purposes of this Act; and (c) prescribing generally any matters or things authorized

or permitted to be prescribed or which are necessary to be prescribed for carrying this Act into effect.

(2) Any regulation niay incorporate by reference any document pubhshed by the National Trust of Australia (Victoria) or by any authority or body whether as in force at the time of such incorporation or whether as amended or prescribed or published from time to time.

PART


PART VII.—AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1958

NS'SMS"" ^ - (1) The Local Government Act 1958 shall be amended as follows:

(a) In section 254 after sub-section (4) there shall be inserted the following sub-section:

"(4A) Notwithstanding anything in this Act the capital improved value the net annual value and the site value of any rateable property which is registered land within the meaning of the Historic Buildings Act 1981 or on which there is situated a registered building within the meaning of the Historic Buildings Act 1981 shall be calculated on the basis—

(a) as to the part actually occupied by the registered building—

(i) that the land may be used only for the purpose for which it was used at the date of valuation;

(ii) that all improvements on that land as at the date of valuation may be continued and maintained in order that the use of the land as referred to in sub-paragraph (i) may be continued; and

(iii) that no improvements, other than those referred to in sub-paragraph (ii), may be made to or on that land;

{b) as to any part (not actually occupied by the registered building and not being registered land) that the registered building cannot be removed or demolished and that any land referred to in sub-paragraph (c) cannot be subdivided or developed unless a permit to subdivide or develop the land has been granted by the Historic Buildings Council;

(c) as to any registered land that the land cannot be subdivided or developed or where a permit to subdivide or develop the land has been granted by the Historic Buildings Council that it can be subdivided or developed only in accordance with that permit.";

(b) In section 258 (2) after paragraph {d) there shall be inserted the following paragraphs:

"{da) Where the capital improved value the net annual value or the site value of the property has been affected by the coming into operation of section 64 of the Historic Buildings Act 1981;

{db) Where


{db) Where by reason of— (i) any building on the property becoming a

registered building under the Historic Biiildings Act 1981 on or after the coming into operation of section 2 of that Act;

(ii) any building ceasing to be a registered building under that Act; or

(iii) the issue of a permit to remove demolish or alter a registered building under section 27 of that Act or to subdivide or develop any land—

the capital improved value, the net annual value or the site value of that property has been materially decreased or materially increased.";

(c) In the Thirty-third Schedule after clause 7 there shall be inserted the following clause:

"7A. Where the referees are considering a modification or variation of any provision of the regulations or any by-law or regulation of a municipality in relation to a registered building within the meaning of the Historic Buildings Act 1981 the referees shall consider any recommendation with respect to such modification or variation which they receive from the Historic Buildings Council.".

(2) Notwithstanding anything in this or any other Act the provisions of sub-section (4A) of section 254 of the Local Government Act 1958 as amended by this Act shall apply to determine the capital improved value, the. unimproved value, the net annual value and the site value (as the case may be) for the purpose of assessing—

(a) the amount of any general or extra rate levied by the council of a municipality for any period commencing on or after 1 October 1982 in respect of a rateable property which is registered land or on which there is situated a registered building under the Historic Buildings Act 1981;

{b) the amount of any separate rate levied by a council on or after 1 October 1982 in respect of a rateable property which is registered land or on which there is situated a registered building under the Historic Buildings Act 1981; x

(c) the amount of land tax payable under the Land Tax Act 1958 in respect of any property which is registered land or on which there is situated a registered building under the Historic Buildings Act 1981 for the year commencing on 1 January 1982 and for each year thereafter; and

{d)


{d) the amount of any other rate or tax payable under any other Act on the basis of the capital improved value, the unimproved value, the net annual value or the site value of a property which is registered land or on which there is situated a registered building under the Historic Buildings Act 1981 in respect of any period commencing after the coming into operation of section 64 of that Ac t -

but shall not apply to determine any such value for the purpose of assessing any rate imposed for any period prior to the relevant period referred to or, in the case of a separate rate, levied prior to 1 October 1982.

SCHEDULE Section 2

Number of Act. Title of Act. Extent of Amendment or Repeal.

6849 Town and Country Planning Act 1961

8569 Historic Buildings Act 1974

In section 28 (1) (6) (w)— (a) the word "Preservation" shall be repealed;

and {b) for the expression "designated building

within the meaning of the Historic Buildings Act 1974" there shall be substituted the expression "registered building within the meaning of the Historic Buildings Act 1981".

In sections 59c (1) and (2) and 59D (1) and (2)— iq) for the words "designated building"

(wherever occurring) there shall be substituted the words "registered building"; and

(6) for the expression "Historic Buildings Act 1974" (wherever occurring) there shall be substituted the expression "Historic Buildings Act 1981".

In section 59c (2) for the expression "under section 21" there shall be substituted the expression "under section 41".

The whole Act shall be repealed.

Date post:	20-Sep-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

VICTORIA - Australasian Legal Information Institute · VICTORIA Historic Buildings Act 1981 No....

Documents