04 Aug 2016

Reinstatement of state heritage trigger in Queensland

by Kathryn Pacey, Nicole Besgrove

The Queensland Government is proposing to reinstate a state heritage referral trigger for development applications on land adjoining a State heritage place.

On 20 July 2016, the Government announced the proposed reinstatement of a state trigger for development applications that are lodged on land that shares a common boundary with a Queensland heritage place or that shares a common boundary with a lot containing a Queensland heritage place.

A similar referral trigger existed prior to 2012.

The new referral trigger will require the development application to be referred to the State Assessment and Referral Agency (SARA). It is understood that the Department of Environment and Heritage Protection will then be required to provide technical advice, as it currently does for development applications for development of a Queensland heritage place.

The details of the new trigger are currently unknown as it is understood that the Government will undertake consultation with the Local Government Association of Queensland and industry groups prior to the creation of the new state trigger.

What next?

Although the date of commencement has yet to be announced, the Government has indicated that the new regulation will commence later this year.

If you are proposing to lodge a development application on land adjoining a Queensland heritage place or that shares a common boundary with a lot containing a Queensland heritage place after the regulation comes into effect, it may be referred to SARA.  The regulation is expected to commence later this year.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.