State of the Environment

2001

Natural and Cultural Heritage Theme Report

Australia State of the Environment Report 2001 (Theme Report)
Lead Author: Jane Lennon, Jane Lennon and Associates Pty Ltd, Authors
Published by CSIRO on behalf of the Department of the Environment and Heritage, 2001
ISBN 0 643 06752 3

Appendix 6

Summary of the operation of historic heritage legislations


Relevant Act
Section that provides means of protection
Provision used since 1 July 1996?
Estimated number of uses since 1 July 1996
Australian Heritage Commission Act 1975
s 30
Obligation on Commonwealth agencies:
1) not to adversely affect an Register of the National Estate place, unless there is no prudent and feasible alternative,
2) where there is no alternative, to minimise impacts, and
3) to consult the Australian Heritage Commission if an action might significantly affect a listed place.
yes
Year: C'wlth + non C'wlth referrals =Total
1996 97: 1091 + 284 = 1375 [70% (963) were historic referrals]
1997 98: 594 + 172 = 766 [56% (429) were historic referrals]
1998 99: 1100 + 169 = 1269 [79% (1003) were historic referrals]
1999 2000: 1432 + 154 = 1586 [74% (1174) were historic referrals]
Rest of referrals were about Indigenous or natural heritage places.
NSW Heritage Act 1977
s 57/s 161
Penalty: Prohibited work/development/disturbance, etc. at listed heritage place without a permit.
    
 
s 161
Penalty: Failure to comply with permit conditions for work etc. at a listed heritage place.
yes
1 (2000). Owner being prosecuted for doing work beyond the scope of approved work.
 
ss 139/161
Penalty: Excavation/disturbance of a generally protected class of historic place or in situ relic, without permit.
    
 
s 130
'Stop orders' to prevent harm.
yes
17
 
s 120
Orders to require standard maintenance or repair of a listed heritage property.
yes
1 (1997). Owner required to construct roof and weatherproof building, following fire damage.
 
s 136
Orders, including 'stop orders', for interim heritage protection of historic places.
    
 
s 39
Heritage/conservation agreements to protect historic heritage values.
    
 
s 44
Penalty/order/other remedy for failure to comply with an order or the terms of a heritage agreement.
    
 
ss 170, 170A
Special requirements on government agencies for protection of their heritage assets.
  
Act amendments in 1999 strengthened the provisions requiring government agencies to appropriately manage their heritage items.
Tasmanian Historic Cultural Heritage Act 1995
s 30
Penalty: non approved works carried out on place in heritage area.
no
  
 
s 32
Penalty: non approved works carried out on registered place.
no
  
 
s 45
Penalty: failure to comply with supervision / standards set by Heritage Council.
no
  
 
s 53
Heritage Agreement - enforcement order.
no
  
 
s.57
Stopwork order.
yes
2
 
s 60
Notice to take or stop action.
no
  
 
s 66
Penalty: activity disturbing shipwrecks.
no
  
 
s 69
Penalty: non approved entry to shipwreck protected zone.
no
  
 
s 72
Penalty: failure to report finding shipwreck.
no
  
 
s 73
Court order to repair damage.
no
  
 
s 74
Order prohibiting works.
no
  
 
s 77
Penalty: failure to comply with order.
no
  
 
s 95
Penalty: false and misleading statements.
no
  
Heritage Act 1995 (Victoria)
s 64
Penalty: Prohibited work/development/disturbance, etc. at listed heritage place without a permit;
Penalty: Prohibited removal/damage/alteration to a registered object.
yes
2. The penalties have not been imposed, however in this period approx 1700 permits have been issued. There are also 2 cases currently being pursued in the Victorian Supreme Court
 
ss 107, 108, 109
Penalty: prohibited possession of a shipwreck or historic shipwreck relic without notification.
no
  
 
s 110
Penalty: prohibited removal of a historic shipwreck or a historic shipwreck relic without a permit.
no
  
 
s 111
Penalty: prohibited destruction/damage/removal/disturbance/interference/buy, barter or exchange/possess/dispose of a shipwreck or historic shipwreck relic without lawful authority.
no
  
 
s 112
Penalty: prohibited to be near a historic shipwreck with certain equipment without authority.
no
  
 
s 115
Penalty: Failure to notify discovery of shipwreck or historic shipwreck relic.
no
  
 
s 124
Penalty: For damage to notices notifying existence of archaeological place.
no
  
 
s 127
(a) Penalty: For damaging an archaeological consent site without consent.
    
 
s128
(a) Penalty: For failing to adequately safeguard an archaeological relic.
    
 
s129
 (a) Penalty: Failure to comply with conditions of a consent for an archaeological site.    
 
ss 131, 132
(a) Penalty: Failure to notify Executive Director of undertaking an archaeological investigation or survey or discovery of relics.
    
 
s 134
(a) Penalty: Failure to obtain consent prior to buying or selling archaeological relic.
    
 
ss 149, 151, 153
(a) Penalty: Failure to comply with requests for information from an inspector appointed under the Act.
    
 
ss 161, 162
(a) Penalty: Failure to comply with orders to carry out works to prevent a place falling into disrepair.
    
Heritage of Western Australia Act 1990
ss 29 32
Heritage/conservation agreements to protect historic heritage values.
Penalty/order/other remedy for failure to comply with an order or the terms of a heritage agreement.
yes
30
 
ss 46 58
Registration of places to allow for control through Sections 78 to 81 for works approval and penalties for contravention of the provisions of the Act.
yes
377
 
ss 59 72
Orders, including 'stop orders', for interim heritage protection of historic places.
Orders for protection/restoration following work etc at heritage place without a permit or not compliant with conditions.
Other enforcement, prosecutions, actions or remedies to protect historic heritage.
yes
15
 
ss 78 81
Penalty: Prohibited work/development/disturbance etc at listed heritage place without a permit.
Penalty: Failure to comply with permit conditions for work etc. at a listed heritage place.
yes
2
South Australia Heritage Act 1993
ss 25 29
Penalties for disturbing designated sites and disposing of artefacts from them without permits.
no
  
 
s 31
Contravention of stop orders.
no
  
 
s 32
Heritage Agreements.
yes
1
 
s 35
Enforcement of Heritage Agreements.
no
  
 
s 36
Penalty for intentional damage of registered places.
no
  
 
s 37
Restoration orders.
no
  
 
s 38
No development orders.
no
  
Queensland Heritage Act 1992
Part 4
Entry of places in a Heritage Register which makes it subject to development provisions of the Act under Part 5.
yes
1996 97 - 40
1997 98 - 43
1998 99 - 83
1999 2000 - 106
 
Part 5
Development provisions requiring an application for development to be approved by the Queensland Heritage Council - for private development. For Crown proposals, role of QHC is to make recommendations.
yes
Approx 140 150 applications per year.
 
Part 8 s.58
Stop order.
yes
5
 
Part 9 s.54
Appointment of authorised person.
yes
1
 
Part 9 s.64
Proceedings.
yes
1. Did not result in Court Action. Unauthorised works removed when lease changed.
 
Part 7
Protection of cultural relics.
.
no
  
ACT Land (Planning and Environment) Act 1991
ss 52 64
ss 255 274
1) Preparation of an interim Heritage Places Register. Establishment of controlled activities in relation to each Entry, requirement for a Development Application.
2) activities subject to orders and approvals.
yes
s 256 has been used once. The Executive Order was used to repair damage to a place nominated to an interim Heritage Places Register.
Historic Shipwreck Act 1976
s 7
Protected zones declared by Minister.
yes
2
 
s 15
Permits for exploration or recovery of shipwrecks or relics.
yes
115
 
s 25
Seizure and forfeiture. Inspector may seize ship, Court may order forfeiture.
    
Historic Shipwrecks Acts (SA, Tas., NSW, Vic., WA)
  
Generally parallel Commonwealth legislation for State waters.