In heritage appeals to the Planning and Environment Court under the Queensland Heritage Act 1992, the only permissible ground of appeal is that the place does or does not satisfy the cultural heritage criteria in s 35(1), as required by s 162(1). Issues of physical condition and structural integrity under s 51(2)(b) and (3) cannot be raised as independent grounds of appeal. However, if a ground of appeal under s 162(1) is made out, the court's power to hear the matter anew under s 495 and to make replacement orders under s 496(2)(c) of the Sustainable Planning Act 2009 extends to examining s 51 issues. A party to heritage proceedings in the Planning and Environment Court has a right to apply for leave to appeal to the Court of Appeal under s 498 of the Sustainable Planning Act.
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