State Heritage Places – Did you know?
In the second installment of a five part “Did you know?”series, Special Counsel, Danny O’Brien identifies some of the key issues associated with developing and with maintaining heritage listed places.
Did you know?
- If your property is nominated to be listed on the State Heritage Register, it is important to consider and address the criteria for listing which is set out in the Queensland Heritage Act 1992. While it is easy to focus on the underlying philosophy of the Act or the aesthetics of the place, Legal and cultural heritage advice is advisable to ensure any submissions are effective.
- Unlike other planning and environmental legislation, a State heritage place may be something other than an entire parcel of land so for instance, the boundary of the place may be by reference to a plan showing the relationship between the place’s cadastral boundaries and features such as proximity to structures, areas or particular activities or natural features. This may be an important matter for representations during the nomination process;
- The term ‘development’ as used in the Planning Act 2016, is defined to include ‘operational work’ and ‘building work’ which, in turn, are further defined.
- Operational work:- when working on a heritage place, it is safest to assume that all works on the place may materially affect the heritage significance.What happens if for example, you harm an archaeological artifact or the tree you removed actually framed a key element of the place?
- Building work:- includes, for a Queensland heritage place – altering, repairing, maintaining or moving a built, natural or landscape feature on the place.
This means that even though the cultural heritage significance of a place may be mainly in its built form, alteration of a natural or landscape feature may be a breach of the law.
- Investigatory works, including the location of services or the taking of soil samples may first require an exemption certificate under the Queensland Heritage Act.
- Maintenance work such as the removal of a dead tree may require a specific exemption certificate or may require adhesion to conditions in the General Exemption Certificate Queensland Heritage Places.
Please contact Danny O’Brien to discuss any concerns you have about the vegetation on your property being protected.