Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
An Act to repeal and amend certain Acts as a consequence of the enactment of the Australian Heritage Council Act 2003, and for related purposes
2 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
Consequential and transitional provisions
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.6
1 Short title
2 Commencement
1 Section 1
23 September
2 Section 2
Commences Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003
1 January 2004
3 Schedule(s)
1 The whole of the Act
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.7
2 Subsection 9(3)
3 Paragraphs 78(8)(l) and (m)
Insertion of a clause after Australian Heritage Commission Act 1975
4 Section 30-15 (cell at table item 6, column headed “Type of
4 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
Gift of a place included in certain heritage lists is prohibited.
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.8
Prohibits gift of a place included in certain heritage lists.
5 Application of amendment of section 30-15
Applicability of amendment to gifts made after specific commencement dates.
Defines the temporal interval for the amendment's applicability.
The amendment applies to gifts made after the commencement of Divisions 1A and 3A of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and Part 5 of the Australian Heritage Council Act 2003.
The amendment applies from the specified dates onwards.
Classifies the type of obligation or prohibition.
The amendment applies to gifts made after specific commencement dates.
There is an obligation to apply the amendment to gifts made after the specified dates.
Defines the temporal relationship between the amendment and its applicability.
The amendment's applicability is contingent on the specified dates.
Analyzes the amendment's application in relation to gifts made after specific commencement dates.
The amendment's application is related to gifts made after the specified dates.
Validates the structure of the amendment's applicability.
The amendment's applicability is structured according to the specified dates.
6 Subsection 995-1(1) (definition of Heritage Secretary)
Prohibits omission of Environment Protection and Biodiversity Conservation Act 1999
7 Subsection 6(3)
8 Paragraph 14(b)
Omit 'the Australian Heritage Commission,'.
Prohibits the use of 'the Australian Heritage Commission,'.
9 At the end of paragraph 14(b)
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.9
10 After paragraph 14(b)
Inserts the Secretary of the Department that administers the Environment Protection and Biodiversity Conservation Act 1999
11 Section 31
Repeal section and substitute with new content.
31 Evidence on heritage values of a place
Secretary of Department must provide evidence about heritage values.
12 Subparagraphs 27(7)(d)(i) and (ii) of Schedule 3
Repeal specified subparagraphs and substitute with heritage list references.
Prohibits the subparagraphs from being included in heritage lists.
13 Subclause 28(4) of Schedule 3
6 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.10
1 Meaning of Australian Heritage Commission
2 References to the Australian Heritage Commission
Reference to Australian Heritage Commission is taken to be a reference to the Commonwealth after commencement.
References a subclass of the Commonwealth.
3 Assets and liabilities of the Australian Heritage
Vesting of rights, property and assets; liability for debts and obligations
4 Registration of transfers of land
Definition of land registration official
5 Certificates concerning assets other than land
Certificate requirements for assets other than land
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.11
Temporal relation between vested assets and certificates
8 Australian Heritage Council (Consequential and Transitional Provisions) Act 2003
australian-heritage-council-consequential-and-transitional-provisions-act-2003.pdf, p.12
6 Lands Acquisition Act does not apply to this Schedule
Lands Acquisition Act does not apply to this Schedule
7 Exemption from stamp duty and other taxes
Exemption from stamp duty and other taxes
8 Pending proceedings
Substitution of Commonwealth as party to pending proceedings
Replaces Australian Heritage Commission with Commonwealth as party to proceedings
9 Final report on operations of the Australian Heritage
Commission must include a report on operations of the Australian Heritage Commission.
10 Regulations
(a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Regulations are permitted for transitional issues
(2) In particular, the regulations may prescribe arrangements to deal with any issues of a transitional nature that may arise as a result of the repeal by this Act of the Australian Heritage Commission Act 1975.
Regulations are necessary for transitional issues
Regulations are permitted for carrying out or giving effect to this Act
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.