National Heritage Act 2005 · Updated to 1 Jun 2006 · Part III · Administration of the Act
6. Functions of the Commissioner
Feedback & supportThe functions of the Commissioner are as follows:
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
to determine the designation of sites, registration of objects and underwater cultural heritage;
underwater cultural heritage
“underwater cultural heritage” means all traces of human existence having a cultural, historical or archaeological character which have been partially or totally under water, periodically or continuously, for at least one hundred years such as— (a) sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context; (b) vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and (c) objects of prehistoric character;
to establish and maintain the Register and to determine and specify the categories of heritage to be listed in the
Register
“Register” means the National Heritage Register established and maintained under section 23 containing a list of heritage items;
Register;
to supervise and oversee the conservation, preservation, restoration, maintenance, promotion, exhibition and accessibility of heritage;
conservation
“conservation” includes preservation, restoration, reconstruction, rehabilitation and adaptation or any combination;
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National Heritage
“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a National Heritage under section 67;
to promote and facilitate any research relating to heritage;
to authorise, monitor and supervise excavations for heritage purposes;
to maintain documents relating to any excavation, exploration, finding or search for heritage;
to establish and maintain liaison and co-operation with the State Authority in respect of conservation and preservation of heritage matters;
preservation
“preservation” means aiming to halt further deterioration, decay or a state of dilapidation and providing structural safety and well being but does not contemplate significant rebuilding and includes— (a) techniques of arresting or slowing the process of deterioration, decay or state of dilapidation of an item or structure; (b) improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and (c) normal maintenance and minor repairs that do not change or adversely affect the fabric or historic appearance of a structure;
to advise and co-ordinate with the local planning authority, the Council and other bodies and entities at all levels for the purpose of safeguarding, promoting and dealing with any heritage;
to promote and regulate that best standards and practices are applied in the conservation and preservation of heritage;
to advise the Minister with regard to any matter in respect of conservation and preservation of heritage;
Minister
“Minister” means the Minister charged with the responsibility for heritage;
to perform such other functions under this Act as the
Minister may assign from time to time; and
to do all such things as may be incidental to or consequential upon the discharge of his powers and functions.