Heritage Act changes
2. World Heritage Environs Area
Changes to the Victorian Heritage Act 1995 took effect 1st Dec 2008.
The Victorian Parliament approved these changes to make the Act more efficient and effective, further enhancing the protection and conservation of Victoria’s heritage.
The changes relate to:
1. Registration Hearings
Only one hearing is required on any one nomination to the Victorian Heritage Register.
The removal of the ‘provisional determination’ provision has eliminated the possibility for two hearings to be required on any one nomination to the Register (all recommendations advertised by the Executive Director after 1 December 2008). The Heritage Council requested this amendment to streamline its registration process for all parties involved.
It is important to note that most nominations will still follow the same process.
The change will relate to when the Executive Director recommends a place/object NOT be included on the Register, and an objection to this recommendation triggers a hearing. Previously, after the first hearing, the Heritage Council’s Registration Committee could determine that the place/object not be entered in the Register or ‘PROVISIONALLY DETERMINE’ to include the place or object in the Heritage Register.
That provisional determination would then need to be re-advertised with another 60-day submissions period, because it was different from the initial recommendation advertised. Although not often, this second round of submissions sometimes resulted in a second hearing about the same place or object.
This change to the Heritage Act will provide for a single hearing by the Heritage
Council. In cases where the Executive Director has recommended that a place/object NOT be included on the Register, and objections are received (triggering a hearing), a second round of notifications and public notice will be given BEFORE the hearing. This will ensure all interested parties have the opportunity to participate in the one hearing, and the Heritage Council can then make a determination.
2. World Heritage Environs Area
Certificates now available to clarify a property’s status in the Area.
In 2004 the Royal Exhibition Building and the Carlton Gardens were inscribed in the World Heritage List. Amendments to the Heritage Act in 2004 gave recognition to this and made provision for the Planning Minister to declare a World Heritage Environs Area around the perimeter of the site. This Area was declared in 2007.
This recent change to the Act provides for the issuing of a certificate, clarifying whether or not a property is included in the World Heritage Environs Area (and therefore affected by any relevant legislation). The Heritage Council already provides this service to people wanting to find out if a particular place is listed on the Victorian Heritage Register or Heritage Inventory.
Find out more on our Certificates page.
3. Permits
Improved enforcement of permit conditions.
To address a weakness in permit enforcement provisions, the changes to the Heritage Act 1995 included a new offence of non-compliance with a heritage permit.
The Executive Director issues approximately 300 permits each year, usually with conditions imposed to ensure the approved works are carried out appropriately. These may require that significant trees and buildings are protected during construction; that a range of conservation works are undertaken; or that an interpretation plan is implemented as part of the development.
While the majority of people comply with these conditions, failure to do so can compromise a place or object.
Unlike the Planning and Environment Act 1987 which sets out the enforcement measures available to local planning authorities (local councils), until December 1 2008 the Heritage Act did not have a specific offence for failure to comply with permit conditions.
The new offence is a summary offence with penalties of up to $13,500 for an individual or $68,000 for a body corporate. In approving a heritage permit, the Executive Director can also require financial security to ensure the satisfactory compliance with the condition of a heritage permit.
4. Maritime Heritage
New Maritime Heritage Advisory Committee replaces Historic Shipwrecks Advisory Committee.
The Historic Shipwrecks Advisory Committee served the Heritage Council and Victorian Community well for more than 25 years. However, the prescriptive processes for its appointments and roles were not consistent with other advisory committees to the Heritage Council. In fact, no other committees have their membership requirements prescribed in the Act.
The reference to the Historic Shipwrecks Advisory Committee has been removed from the Act. However, it has been replaced by the new 16-member Maritime Heritage Advisory Committee, which has a broader remit to advise on all maritime heritage issues (ie, jetties, piers and lighthouses), as well as historic shipwrecks.
The new committee includes all of the Historic Shipwrecks Advisory Committee members, as well as a number of new members appointed for their expertise in the broader maritime heritage field.
Heritage Act changes in PDF format (PDF 418kb)