Fines or Jail for Damaging Archaeological Sites and Fines for Taking Shipwrecks Out of Victoria Without a Permit
Heritage Amendment Bill 2023
Legislative Assembly
Legislative Council
Assent
Topics
archaeological artefacts criminal penalties cultural heritage environmental protection heritage protection heritage sites historic shipwrecks land use maritime safety privacy public hearings +6 more
Introduced by: The Hon Sonya Kilkenny MP (ALP); Harriet Shing MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
People who knowingly or carelessly damage, interfere with, or uncover archaeological sites recorded in the Heritage Inventory can be fined up to 600 penalty units (2026: $125,460) or jailed for up to 12 months, or both. Companies can be fined up to 1200 penalty units (2026: $250,920).
Taking registered or historic shipwrecks or artefacts out of Victoria without a permit carries a fine of up to 240 penalty units (2026: $50,184) for individuals or 480 penalty units (2026: $100,368) for companies.
Owners of land with integral heritage objects must notify the Executive Director.
The Heritage Council can keep parts of hearings private if a submission is confidential.
The Heritage Council can make a decision without a hearing if a person fails to attend via audio or video link.
People with a real and substantial interest in a place or object can ask the Heritage Council to review the Executive Director's decision about an exclusion from the Heritage Register. This request must be in writing, include a fee, and be made within 28 days of the decision.
The Executive Director can require a security deposit to ensure permit works are completed.
The Executive Director can revoke a decision that a permit is not required if works might harm cultural heritage.
The Executive Director must not share a person's private information when providing electronic copies of permit applications, unless that person agrees to it. The address of the land in the application can still be shared.
Certain people or organisations can apply to the Executive Director to keep a place or object off the Heritage Register. They must use the correct form, pay a fee, and provide reasons based on the Heritage Council's criteria.
The Heritage Council must hold a hearing if a person or body with a real or substantial interest in a place, object, or land asks for one in their submission.
The Heritage Council must keep the Heritage Register up to date and make it available electronically and on request.
The Executive Director must keep the Heritage Inventory up to date and make it available electronically and on request.