Heritage Act 1977

The Minister may direct the listing on the State Heritage Register of a place, building, work, relic, moveable object or precinct that the Minister considers is of State heritage significance, but only if the Heritage Council has recommended that the item be listed and the Minister has considered the following—

the recommendation of the Heritage Council that the item should be listed,

whether the long-term conservation of the item is necessary,

whether the listing would render the item incapable of reasonable or economic use,

whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.

The Heritage Council may make a recommendation to the Minister that an item be listed on the State Heritage Register at the request of the Minister, on the Heritage Council’s own initiative or at the request of the owner of the item concerned or the council of the area in which the item is situated.

A listing in respect of an item can be expressed to apply (and if so expressed does apply) to—

if the item is a building—the curtilage of that building or the site of that building, being the curtilage or site specified or described in the listing, or

if the item is a work or a relic that is attached to or forms part of land—the site specified or described in the listing of that work or relic.