In 1974 Victoria was the first Australian state or territory to enact heritage legislation.

On 1 November 2017 the Heritage Act 2017 came into effect, introducing new streamlined processes and enforcement tools to ensure Victoria’s significant heritage places and objects and appropriately protected.

Key changes to the Heritage Act include:
  • providing a greater role for local government in permit processes, including a clearer opportunity to comment on permit applications and allowing local government to be heard in any permit review before the Heritage Council. This will allow for local heritage concerns and issues to be appropriately considered in permit decisions;
  • removing ‘undue financial hardship’ considerations in permit decisions to avoid outcomes determined on the basis of changeable circumstances;
  • reforming the heritage nomination process to allow the Executive Director to reject a nomination for a place or object which has no reasonable case for inclusion in the Victorian Heritage Register and allowing the nominator to request a review of the decision;
  • enabling more selective protection of Victoria’s archaeology by including only significant sites 75 years or more on the Heritage Inventory (rather than all sites over 50 years old) and introducing review rights for consents issued for archaeological sites. This will ensure that the inventory is a transparent and useful management tool, and that Victoria’s significant archaeological sites are appropriately protected into the future;
  • significantly increasing maximum penalties for unauthorised works to deter damage to registered heritage places and objects;
  • new compliance and enforcement tools tailored to protect heritage including: (a) a stop order tool to halt unauthorised works without a permit or permit exemption; (b) a rectification order tool to allow a party to undertake corrective works without the need to prosecute an offence; and (c) a strict liability offence to reduce the likelihood of works being undertaken without a permit;
  • changes to the membership of the Heritage Council to increase its expertise. New membership categories include an Aboriginal person with relevant experience or knowledge of cultural heritage, and people with recognised skills in financial management and planning.

Registration and permit appeal processes which began prior to 1 November 2017 will continue to fall under the Heritage Act 1995, with any new reviews or hearing processes that begin after 1 November to be governed by the new Heritage Act 2017