Local Government Legal

Local Government Legal prepares a regular email newsletter with legal updates on relevant court judgements and a summary and analysis of legislative changes.

October 2012 – The Heritage Regulation 2012

On 1 September 2012 the Heritage Regulation 2005 was repealed and replaced by the Heritage Regulation 2012.

Division 2 of the 2012 Regulation now imposes a minimum standard for the maintenance of a ruin or moveable object that is listed on the State Heritage Register.

If a listing of a minimum standard on the Heritage Register is passed, the Heritage Council is required to cause notice of the listing by publication in a gazette and it is taken to be in effect on that date that the gazette is published. When listing a minimum standard the Heritage Council may take into account whether the standard of maintenance would render the ruin or moveable object “incapable of reasonable or economic use” or “undue financial hardship to the owner, mortgagee or lessee of the item or land on which the item is situated”.

Division 3 now imposes an obligation on an owner of a building or work (other than a ruin) or a relic to arrange inspections at least once every 12 months to identify maintenance and repairs to bring the building, work (other than a ruin) or relic into compliance with the minimum standard of maintenance required under clause 119. If the Heritage Council notifies the owner that it requires a report of the inspection, the owner is required to provide the Heritage Council with a report within 2 months of the inspection date. The report is to be prepared by the person who carried out the inspection and must set out details of any problems, faults or other matter that were identified during the inspection and any work that is required to be carried out to meet the relevant minimum standards.

The new clause 21 provides that the Planning Assessment Commission has three months to provide a report to the Minister if the Minister seeks a review of the proposed listing

Note: This information is not to be relied upon as legal advice.

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