Heritage Regulation 2012

The Heritage Council may list minimum standards on the State Heritage Register in relation to a specified ruin or moveable object that is listed on the State Heritage Register (whether listed before or after the commencement of this Regulation) in accordance with this clause.

Such a listing may be made at the same time that the item, in relation to which the minimum standards relate, is listed on the State Heritage Register or at any time after the item is listed.

Before listing any minimum standards on the State Heritage Register, the Heritage Council must follow this procedure—

the Heritage Council is to give notice that it is going to consider the listing of the minimum standards concerned (a notice of intention to consider listing of standards) by written notice given to each person that it considers to be an affected owner or occupier, and

within 14 days after notice of intention to consider listing of standards is given under paragraph (a), the Heritage Council is to cause a notice of intention to consider listing of standards to be published in a manner that the Heritage Council is satisfied will bring the notice to the attention of members of the public in the area in which the item is situated, and

a notice of intention to consider listing of standards is to invite submissions on the listing and is to specify a date as the closing date for the receipt of submissions (being a date that is at least 28 days after the notice was first published) and the manner in which submissions may be made, and

the Heritage Council is to consider the submissions that are received before the closing date for receipt of submissions and is to decide whether or not to list the minimum standards on the State Heritage Register, and

the Heritage Council is to give notice of its decision in the same manner as it is required to give notice of its intention to consider listing of standards under paragraph (a) and is also to give notice to the council of the area in which the item is situated and to each of the persons who made submissions that were considered.

If the Heritage Council’s decision is to list the minimum standards on the State Heritage Register, the Heritage Council is to cause notice of the listing to be published in the Gazette.

A listing of minimum standards takes effect on the date of publication of the notice of listing in the Gazette.

Without limiting any other matter it may consider in determining whether to list minimum standards, the Heritage Council must consider the following—

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

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

This clause applies to the amendment or revocation of a minimum standard listed on the State Heritage Register in the same way as it applies to the listing.