Queensland Heritage Council v Co of Trustees of Roman Catholic Archdiocese Brisbane

[2000] QCA 378

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Operation and effect of the Commonwealth Constitution
3. › Inconsistency of laws
4. › Section 109
5. › Whether State heritage legislation inconsistent with Commonwealth telecommunications legislation
6. › Whether State law relating to alteration or demolition of building
7. › Australian and Overseas Telecommunications Corporation Act 1991 (Cth), s 33
8. › Constitution, s 109
1. Constitutional Law (Cth)
2. › Operation and effect of the Commonwealth Constitution
3. › Exclusive Commonwealth legislative power
4. › Places acquired for public purposes
5. › Whether building acquired by Commonwealth ceased to be Commonwealth place
6. › Effect of corporatisation on status as Commonwealth place
7. › Whether State law revived on cessation of Commonwealth place status
8. › Constitution, s 52(i)
9. › Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4(1)
1. Environmental Law
2. › Heritage conservation
3. › Heritage registration
4. › Transitional provisions
5. › Whether building listed under former Act validly entered on heritage register under new Act
6. › Whether Commonwealth legislation prevented operation of State transitional provisions
7. › Queensland Heritage Act 1992 (Qld), Schedule cl 2
8. › Heritage Buildings Protection Act 1990 (Qld)
1. Statutes
2. › Interpretation
3. › Particular Acts
4. › Queensland Heritage Act 1992 (Qld)
5. › Section 33(2)
6. › Meaning of 'in relation to a church or the precincts of a church'
7. › Whether demolition of adjacent building was development 'in relation to' church precincts
8. › Whether 'genuinely required for liturgical purposes'

Quick Take

Where Commonwealth legislation excludes the operation of State heritage legislation during a critical transitional period for heritage registration, the State legislation cannot retrospectively operate to register the building once the Commonwealth exclusion ceases. The transitional provisions are spent and cannot be revived. Separately, the phrase 'in relation to a church or the precincts of a church' in s 33(2) of the Heritage Act 1992 (Qld) is to be construed broadly and is not confined to development physically within the church building or its precincts.