11 September 2007
Key Points:
The proposed changes have the potential to impact on developers, owners of heritage properties as well as local governments.
The Queensland Heritage and Other Legislation Amendment Bill 2007 (Qld) proposes to amend the Queensland Heritage Act 1992 (Qld). The draft amendments follow an extensive review of Queensland’s heritage framework, the first review since the Act was introduced 15 years ago.
The new laws include set timeframes to speed up the entry of places to the state heritage register, changes to the way development on heritage places are assessed and new steps to discourage the "demolition by neglect" of heritage buildings. The proposed changes have the potential to impact on developers, owners of heritage properties as well as local governments.
Implications for developers
The Environmental Protection Agency ("EPA") will now act as the decision-maker for all development applications made under IPA for development of a heritage place. Responsibility for decisions on heritage listing will remain with the Queensland Heritage Council ("QHC").
Additionally, the Bill introduces a maximum timeframe for decisions on applications for a place to be entered in the Queensland Heritage Register ("QHR") as a State heritage place. The EPA will be obligated to receive the application, give public notice, receive submissions, investigate the application and make a recommendation to the QHC within 80 business days of receiving the application. The QHC will then have 60 business days to decide the application, during which time it may hear directly from owners. If the QHC does not make a decision in the time allowed then the application is deemed refused. Practically, these changes will provide certainty that nominations will be considered and decided within a defined period.
Implications for owners of heritage properties
The amendments introduce a requirement for the owner of a State Heritage Place to carry out essential maintenance. The maintenance requirements are targeted at preventing "demolition by neglect". These provisions allow the EPA to issue a maintenance notice after consulting the owner and clarifying what work is required to prevent serious or irreparable damage. This power can only be used for work that is urgently required to protect the place and is minor in nature, for example, securing broken windows or clearing overgrown vegetation. It is an offence for an owner to fail to comply with a maintenance notice.
To replace the protection for heritage places currently given by provisional entry, a new Interim Protection Order is incorporated into the Bill. This Order is a discretionary and non-delegable power of the EPA, and can only be applied when a nominated place is likely to be detrimentally affected by a development proposal. It will have the effect of temporarily entering the place in the QHR while it is being considered by the QHC. This means that an owner must refrain from carrying out any development on their property whilst the Interim Protection Order is in place.
Implications for local government
Local heritage places are places of local, rather than State, cultural heritage significance in a local government’s area. Local governments will be obliged to nominate relevant places of cultural heritage significance for inclusion in a local heritage register. Upon deciding whether a place should be included in the register, the local government must promptly inform the owner and any submitters of its decision, as well as provide reasons for the decision.
Local governments that already provide, through their planning schemes, for the identification and conservation of places of cultural heritage significance in their area will be exempt from the register obligations. All other local governments, however, will be required to establish a local heritage register for their designated area.
For further information, please contact Karen Trainor.
