Queensland Heritage Regulation 2015

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

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—