Queensland Heritage Regulation 2015

This regulation may be cited as the Queensland Heritage Regulation 2015.

This regulation commences on 1 September 2015.

In this regulation, position is defined by reference to GDA2020.

In this section—

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

For section 71(3) of the Act, the details are the following—

the address of the Queensland heritage place or other information that adequately identifies the location of the place;

any reference number given to the place in the Queensland heritage register;

a statement that complies with any relevant guideline made under section 173 of the Act that deals with the impact of proposed development on the cultural heritage significance of the place;

Editor’s note—

Any guideline made under section 173 of the Act is available on the department’s website. See section 173(3) of the Act.

the relevant contents of any reports, plans, assessments or other documents that are referred to in, or support, the statement mentioned in paragraph (c);

Examples—

an engineering report, a conservation management plan, an archaeological management plan

photographs, site plans, drawings or other documents showing the proposed development in relation to the features of the place that contribute to its cultural heritage significance.

For section 83(1) of the Act, the Brisbane City Council is prescribed.

This section prescribes, for section 83(3) of the Act, the matters the Minister must consider in being satisfied that a local government has appropriate procedures in place for exercising a power under section 84 of the Act in relation to the local government.

The matters the Minister must consider are the following—

how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example—

the criteria the local government uses to assess the significance of the place; and

whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance;

whether the local government has a repair and maintenance notice policy, as described in subsection (3), that it will comply with in giving a repair and maintenance notice under section 84 of the Act.

A repair and maintenance notice policy explains—

how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and

whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and

the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84(3) of the Act to consult with the owner of a local heritage place; and

how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and

how the decision-maker considers alternatives to issuing a repair and maintenance notice; and

how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and

how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and

the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and

the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and

Note—

Under section 84 of the Act, the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place.

the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act.

In this section—

decision-maker, for a local heritage place, means the decision-maker for the local heritage place as provided for in section 84(7) of the Act.

essential repair or maintenance work see section 84(7) of the Act.

The area mentioned in schedule 1AA, item 1 of the expired regulation is declared to no longer be a protected area.

The area mentioned in schedule 1—

continues as a protected area; and

ceases to be a protected area on 1 September 2021.

In this section—

expired regulation means the Queensland Heritage Regulation 2003 as in force immediately before the commencement.

If the Minister considers it may be helpful in the administration of part 10 of the Act to do so, the Minister may agree, on terms stated by the Minister, to receive from a person a recommendation that an area containing a place of cultural heritage significance be declared to be a protected area.

Without limiting subsection (1), the Minister may require that the recommendation—

contain all of the following information—

the name and address of the person;

a statement, based on historical research, explaining why the place is of cultural heritage significance;

a statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place;

a history of the place based on historical research;

a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and

be accompanied by copies of the material used for the historical research supporting the statement mentioned in paragraph (a)(ii) and the history mentioned in paragraph (a)(iv), including, for example, photographs, maps, plans and historical land title information; and

adequately identify the area by reference to survey information or a plan; and

be accompanied by a plan showing the relationship between the place’s cadastral boundary, the location of the features mentioned in paragraph (a)(v) and the proposed boundary for the area.

Subsection (2) applies to a development application for, or a change application relating to, assessable development on a local heritage place on a local heritage register, if a local government is the assessment manager or responsible entity under the Planning Act for the application.

The code in schedule 2 sets out the assessment benchmarks against which the local government must assess the assessable development.

Subsection (4) applies to a change application relating to assessable development on a local heritage place on a local heritage register, if a local government is a referral agency for the application.

The local government must assess the development application against the assessment benchmarks set out in the code in schedule 2.

However, this section does not apply if—

the local heritage place is also a State heritage place; or

the local government’s planning scheme applies, adopts or incorporates the local heritage register.

In this section—

assessable development means development categorised as assessable development under the Planning Act.

The fees payable under the Act are stated in schedule 3.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

if the result is more than $500—to the nearest dollar (rounding one-half upwards).

The purpose of this code is to provide for the conservation of local heritage places by—

preventing the demolition or removal of local heritage places, unless there is no prudent and feasible alternative to the demolition or removal; and

maintaining or encouraging, as far as practicable, the appropriate use of local heritage places; and

protecting, as far as practicable, the materials and setting of local heritage places; and

ensuring, as far as practicable, development on local heritage places is compatible with the cultural heritage significance of the places.

In considering whether there is no prudent and feasible alternative to the demolition or removal of a local heritage place, the local government that is the assessment manager or responsible entity under the Planning Act for the assessable development must have regard to—

safety, health and economic considerations; and

any other matter the local government considers relevant.

sch 2 pt 1 s 1 prev s 1 om 2017 SL No. 103 s 106