Heritage Regulations 2019

In this regulation —

This regulation does not apply to a prescribed heritage asset mentioned in regulation 44D(b), (c), (d) or (e) if —

the Council has made a preliminary determination under section 39(2) of the Act that it does not warrant review under section 40(1) of the Act; or

having completed a review of the prescribed heritage asset under section 40(1) of the Act, the Council has determined not to recommend to the Minister under section 40(2) of the Act that it be entered into the register; or

the Minister has directed the Council under section 41(1)(b) of the Act not to enter it in the register.

Before a State agency disposes of a heritage asset, it must give the Council at least 4 months’ notice in writing of the proposed disposal.

A notice under subregulation (3) of a proposed disposal must include or be accompanied by the following items of information —

the name of the State agency that is to make the disposal;

the street address (if any) of the heritage asset;

a map showing the precise area of the heritage asset;

whether the disposal involves the sale, lease or demolition of the heritage asset;

the intended or expected date of the disposal;

the State agency’s reasons for making the disposal;

in the case of a prescribed heritage asset —

a description of the heritage asset; and

a land description of the heritage asset or other particulars sufficient to identify the location and boundaries of the land included in the heritage asset; and

at least 1 photograph of the heritage asset as commonly viewed from the street or nearest public road.

Before a State agency disposes of a heritage asset, it must consult the Council regarding the preparation of a plan or strategy for the continuing conservation of the heritage asset.

Before a State agency disposes of a heritage asset that is a registered place by way of sale or lease, it must require each purchaser or lessee as a condition of the sale or lease to enter into a heritage agreement in relation to the heritage asset.

Subregulation (6) does not apply to the disposal of a heritage asset if, before the disposal, the Council determines that, having regard to the circumstances of the disposal —

a heritage agreement is not necessary in order to assure the conservation of the heritage asset and to carry into effect the objectives of the Act in relation to the heritage asset; or

a heritage agreement would have no significant conservation benefit.