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| Archaeology and Industrial Archaeology |
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What is archaeology? |
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| Archaeology is the study of the past using physical evidence. It uses the objects and structures left behind by people to tell us about the history of a place and how people once lived and worked. In Australia historical archaeologists investigate sites and relics in conjunction with historical sources to tell the story of the past. |
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What is a 'relic'? |
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Different states use different terms to describe objects of historic or cultural significance.
In New South Wales the Heritage Act 1977 defines a relic as 'any deposit, object or material evidence which (a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and (b) which is 50 years or more old'.
In Victoria, a relic (under Section 3 Heritage Act) means any archaeological deposit, or any artefact, remains or material evidence associated with an archaeological deposit which relates to non-Aboriginal settlement, and which is over 50 years old. |
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What should I do if I discover a relic? |
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| It is usually mandatory to report the discovery of a 'relic'. In New South Wales, if you believe you will be doing something that will disturb, remove, destroy or expose a relic relating to non-Aboriginal heritage, call the archaeologists at the NSW Heritage Office. They will advise you whether you need an excavation permit under the Heritage Act and how you can go about obtaining one. In Victoria, you should contact Heritage Victoria if you discover a relic. |
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What is an excavation permit? |
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An excavation permit may be required if you propose to excavate around an archaeological 'relic'. An excavation permit under the Heritage Act 1977 (NSW) allows a person to conduct an excavation of land that will disturb, move, destroy or expose a relic. The excavation permit application must be accompanied by a Research Design that explains how and why the relic(s) will be affected. Excavation Permits for relics on sites that are on the State Heritage Register are called Section 60 Permits. Permits for all other sites are called Section 140 Excavation Permits.
In New South Wales, excavation Permits under the National Parks and Wildlife Act (relating to Indigenous sites) include Section 87 Permits. In considering whether to issue a Section 87 Permit, the NPWS will take into account the views of the Aboriginal community about the proposed activity, the objectives and justification for the proposed activity, and whether the methodology is appropriate to achieve the objectives of the proposed activity.
A similar system operates in Victoria where a person or corporation can alter or disturb a site on the Heritage Inventory or Register if proper application is made to Heritage Victoria and it is approved by the Executive Director. Any excavation work is usually required to be supervised by a qualified archaeologist. In Victoria, applications to disturb Indigenous sites are made to Aboriginal Affairs Victoria. This involves a process of consultation with the local Aboriginal community. |
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What is a 'Consent to Destroy '? |
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Under Section 90 of the NPW Act a person in New South Wales must not knowingly destroy, damage or deface or knowingly cause or permit the destruction, damage or defacement of, an Aboriginal object or Aboriginal place without first obtaining the consent of the Director-General of National Parks and Wildlife Service. If an activity you are undertaking is likely to destroy, damage or deface an Aboriginal object or Aboriginal place then you will need to submit a (Section 90) consent application form and application fee to NPWS.
In Victoria, consent will not be given by Heritage Victoria to destroy a site without an initial archaeological assessment being made by a qualified archaeologist. Consent may not be given to destroy very important sites. Some sites may have to be professionally excavated by archaeologists prior to any destruction. Work destroying less significant sites may need to be monitored by a qualified archaeologist to ensure the proper recording of any significant material unearthed.
Indigenous sites and relics in Victoria are protected by the Archaeological and Aboriginal Relics Preservation Act 1972. An excavation permit can be granted by the Minister (under Section 22) subject to conditions. These will include the requirement that any site disturbed or destroyed must be first recorded by a qualified archaeologist. Excavation and destruction will occur in the presence of a local Indigenous representative. |
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How do I know if I need an excavation permit or need to consider archaeology as part of my development project? |
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If your development project is in an area where there is a long history of occupation, such as the central business areas of Parramatta, Sydney and Melbourne, it is possible that 'relics' (either Indigenous or historical) will be unearthed during works. Your site may also be listed in a planning instrument as an archaeological site, be on a State Heritage Register, or your local council may have an Archaeological Zoning Plan that indicates where archaeological sites may be located.
In these situations, you are likely to need a professional assessment to determine whether you will disturb relics during your project and so require an Excavation Permit. |
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What can happen if I disturb or destroy relics without a permit? |
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| Heritage legislation provides for penalties for destroying, moving or disturbing relics without a permit. Contact the relevant state heritage office for further details. |
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What is an Aboriginal object? |
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An Aboriginal object (previously known as a 'relic') is defined as any deposit, object or material (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
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What shall I do if I discover an Aboriginal object? |
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If you intend to disturb or excavate land and might disturb an Aboriginal object in the process, you will need to contact the NPWS who will advise you whether you need a permit or the consent of the Director General of the NPWS.
In Victoria, it is mandatory to contact Aboriginal Affairs Victoria if you discover an Aboriginal site or object. |
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| Archival Recording |
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What does Archival Recording involve? |
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Archival records may be required by the consent authority for significant places which are to be demolished or altered.
The requirements of archival recording will vary according to the type and significance of a heritage item and the reason for its preparation. In most cases a photographic record keyed to base plans may be a sufficient level of recording and in other cases a combination of measured drawings and photographs may be more appropriate.
Before preparing any archival recording it is important to ensure that it responds appropriately to why it is being prepared. Often development consent authorities such as local councils or state heritage agencies will require an archival recording. In each case the type and level of archival recording should be clarified through discussion with the authority.
The following NSW Heritage Office guidelines provide an indication of some of the issues that may be involved and will help you to decide on the type and level of recording that is appropriate:
- NSW Heritage, How to Prepare Archival Records of Heritage Items, June 1998 (updated 2002).
- NSW Heritage, Guidelines for photographic Recording of Heritage Sites, Buildings and Structures, June 1994 (updated 2001).
Copies can be obtained from the NSW Heritage Office. |
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| Buildings and Structures |
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How old does a building have to be to be 'heritage'? |
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Age does not equal heritage value. Relatively recent buildings and places have recognised heritage significance, such as the Sydney Opera House.
A place is considered 'heritage' if it is assessed as something we want to keep, enjoy or learn from and pass on to future generations. In technical terms, heritage items are those with special values: aesthetic, historic, scientific and/or social. |
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How do I go about assessing the heritage value of my place? |
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Historical research and physical surveys play a large part in determining whether a place or item has heritage value. The information gained from these investigations then needs to be viewed in relation to other places or items and heritage assessment criteria.
If you need to assess heritage value as part of a development project, it is often best to use appropriately skilled and experienced professionals. The team at Godden Mackay Logan may be able to help - feel free to use the 'Contact Us' button above. |
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Should the new work appear the same as the older structure or should it look distinctive and new? |
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| Good development recognises the old, yet makes its own contemporary statement. The appropriate form of new work is best determined through a proper understanding of the heritage value of a place or item. New development should be distinguishable from the original. |
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Can I demolish a heritage item and erect a plaque or monument? |
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| No, usually not. While commemorative plaques or monuments may be appropriate in rare circumstances, conservation generally requires a more sophisticated approach involving retention of the heritage item within the context of new development. |
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| Burra Charter |
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What is the Burra Charter? |
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The Australia ICOMOS Charter for Places of Cultural Significance 1999 (commonly called the Burra Charter) was first adopted in 1979 and has since been revised and amplified with guidelines on specific articles. The current version was published in 1999 and is available in full on the Australia ICOMOS website, www.icomos.org/australia.
The Australian Committee of the International Council on Monuments and Sites was formed in 1976 and is a national and international link between public authorities, institutions and individuals involved in the study and conservation of all places of cultural significance. ICOMOS provides expert advice to UNESCO on World Heritage matters.
The Burra Charter sets out conservation principles, processes and practice for those who provide advice, make decisions about or undertake works to places of significance, including owners, managers and custodians.
It contains 34 articles (including important definitions) which are interdependent and it can be applied to all places of cultural significance, including natural, indigenous and historic places with cultural values.
The Burra Charter embodies the nationally-accepted standard in Australia for conserving, managing and interpreting heritage places. |
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How does the Burra Charter apply to my development? |
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Australia ICOMOS Charter for Places of Cultural Significance 1999 (commonly called the Burra Charter) sets out conservation principles, processes and practices which are the nationally-accepted standards in Australia for conserving, managing and interpreting heritage places.
Most government heritage agencies require that reports and works be carried out in accordance with the principles of the Burra Charter.
The application of the Burra Charter sets a framework with which development decisions can be logically made and assessed by development authorities and private owners alike. |
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| Godden Mackay Logan |
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What do those services cost and how long do they take? |
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The timing and cost for specific services depends upon the nature of the site and the scope of the proposal or project that is contemplated. Timing may also be affected by statutory requirements, the availability of our key personnel and other external factors.
We would be happy to be contacted to provide advice on the cost and timeframe for specific projects. |
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| Heritage Listings |
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Is my place heritage listed? |
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| To find out if your place is heritage listed, contact the planning department of your local council or the heritage agencies in your state. You can use the links on our Links page to contact state heritage agencies. |
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What is a conservation area? |
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A conservation area is an area listed for particular qualities or characteristics, which are not found in other areas. A conservation area may comprise a number of elements and factors, including history and physical evidence, which together contribute to the heritage significance of the total place.
Specific development controls and requirements apply to conservation areas identified in planning instruments and schemes.
Items within a conservation area will not necessarily be of equal heritage significance. A conservation area can also contain elements that are not individually significant. The heritage value of a conservation area is assessed as a whole, taking into consideration how a number of aspects come together to create an area worth keeping.
A conservation area may demonstrate particular aspects of our cultural history, including historic origins, relationships between elements, or associations with significant events or people. A conservation area will usually consist of a number of layers that tell a story about how the area has evolved over time. |
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What does being in a conservation area mean? |
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If your place is located in a conservation area, it means that the approval of change is subject to particular laws, regulations and controls. These controls exist to manage how such changes will affect heritage items in the vicinity and the general character of the conservation area.
To find out if your property is located within a heritage conservation area contact the planning department of your local council or your state heritage agency. |
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What heritage 'controls' apply to my place? |
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| To access information regarding what heritage 'controls' apply to your place, contact the planning department of your local council or your state heritage agency. They will direct you to particular planning instruments relevant to your local government area or region, such as Local Environmental Plans (LEP), Development Control Plans (DCP) or heritage overlays. |
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| Interpreting Heritage |
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What does it mean if I am required to include heritage interpretation in my development? |
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Development applications often include conditions that require the preparation of an Interpretation Strategy or Plan before the construction certificate is issued or the implementation of the plan prior to occupation.
An Interpretation Strategy or Plan identifies the best way to 'tell the story' of a significant place. It recommends methods and messages to allow the visitor to understand the history and values of heritage places and is a vital part of the whole conservation process. The preparation and implementation of these plans is a speciality of Godden Mackay Logan, working with project designers and development proponents. |
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| Landscapes and Gardens |
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What is a cultural landscape? |
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| A cultural landscape is an area in which introduced plantings, landform and built structures combine to create a significant ensemble. A cultural landscape can be a single garden, a streetscape, a park or a whole region that depicts the history of how people changed and modified the land over time. |
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Can a landscape or garden be heritage listed? |
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| Yes. Landscapes and gardens are often heritage listed, either along with any structures on the site, or separately. Properties are usually listed by title description or address, and sometimes it is not clear whether the garden is specifically included. |
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How do I know if I can change a landscape? |
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| What you can do to change a cultural landscape depends on its significance and the planning or heritage controls that may apply. It is usually best to contact your local council to determine actual requirements. |
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| Laws and Government |
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What is the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)? |
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The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is Commonwealth legislation that came into force on 16 July 2000. When the Act first came into operation its main aim was to protect items of national environmental significance from actions likely to have a significant negative impact. This protection was to be achieved through the introduction of a thorough assessment and approvals process. The Act at this time was intended to focus on natural heritage but was also found to apply to cultural heritage places.
The EPBC Act now extends potective provisions beyond places of national environmental significance to places of cultural heritage significance. In other words, a heritage protection regime is incorporated into the existing protection framework. This has been done by redefining 'national environmental significance' to include cultural heritage.
Another important Act (the Australian Heritage Council Act 2003) establishes the Australian Heritage Council as the government's principal expert advisory body on matters of cultural heritage (replacing the Australian Heritage Commission).
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How does the new legislation (EPBC Act) protect heritage items? |
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The EPBC Act extends the protections previously given to matters of national environmental significance to also include places with National and/or Commonwealth heritage values.
In order to be subject to this protective system, a heritage place must be listed on the National Heritage List or Commonwealth Heritage List.
The Commonwealth Heritage List includes places with natural or cultural heritage significance that are within Commonwealth areas and have Commonwealth heritage values. The threshold for entry on the Commonwealth Heritage List is different to that for the National Heritage List. Commonwealth heritage places have heritage values that are important at the local, regional, State or even national level. However, the National Heritage List includes places of only national natural or cultural heritage significance, regardless of ownership. A place on the Commonwealth Heritage List may also be included on the National Heritage List.
Heritage places on the two lists are protected in similar ways. National and Commonwealth Heritage Places are protected from actions that will have or are likely to have a significant impact on the heritage values of a heritage place.
Some places included on the lists will be afforded protection by the preparation of Management Plans. The Commonwealth must prepare a Management Plan for any place on the National Heritage List that is wholly owned by the Commonwealth. Where a place on the National Heritage List is owned by a State, Council or private entity the Commonwealth must make 'best endeavours' to have a Management Plan prepared. The Commonwealth must prepare Management Plans for places on the Commonwealth Heritage List within two years of the commencement of the legislation, or from the time the relevant Commonwealth agency became owner of the place, whichever is the sooner.
Places on the National Heritage List and Commonwealth Heritage List are also afforded some protection by the National and Commonwealth Heritage Management Principles (included in the Regulations). These principles provide guidance for the appropriate management of places on the lists, and Management Plans are to be consistent with these principles.
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Who is bound by the heritage provisions of the EPBC Act? |
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| The Commonwealth's power to make laws with respect to heritage matters is limited under the Constitution. Generally, the heritage provisions of the EPBC Act control actions of the Commonwealth (or its agencies and constitutional corporations) and persons whose actions arise out of trade or commerce between Australia and another country, between two States, two Territories or a State and Territory. However, they also apply to everyone in relation to Indigenous heritage places, Commonwealth areas and Territories, and heritage matters arising out of properly ratified International Conventions. The EPBC Act encourages co-operation between the States and the Commonwealth in the management of heritage places through bilateral agreements where the Commonwealth would not otherwise have the power to legislate under the Constitution. |
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How does a place get listed on the National or Commonwealth Heritage Lists under the EPBC Act? |
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Private citizens or the Australian Heritage Council may make a nomination for listing on the National and Commonwealth Heritage Lists. The Australian Heritage Council will then assess the merits of the nomination and make recommendations to the Minister. Nominations that are frivolous, vexatious or made in bad faith may be rejected by the Minister. Places that have been listed can be removed from the Lists if the Minister determines that the place no longer has national heritage values.
The Minister may seek the advice of the Australian Heritage Council, the Australian and Torres Strait Islander Commission (ATSIC), expert advisors and community members in determining whether a place warrants inclusion in either of these lists. There are also emergency provisions for listing places under imminent threat.
Places will only be listed on the National Heritage List or Commonwealth Heritage List where they are demonstrated to be of National significance and Commonwealth significance respectively. Established criteria prescribed in the EPBC Act's accompanying regulations are considered in making this determination.
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What penalties apply for breaches of the EPBC Act? |
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| Heavy civil and criminal penalties apply for breaches of the legislation. |
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How does the EPBC Act affect existing approvals processes? |
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| The EPBC Act does not replace existing approvals processes such as those required by local government or State heritage agencies. It is still necessary to obtain all necessary approvals from local, State and Commonwealth governments in addition to those now required by the EPBC Act. |
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Who is most likely to be affected by the EPBC Act? |
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| The Commonwealth Government (and its agencies), and companies and individuals intending to take action that may affect a heritage place within Commonwealth areas or on the NHL are most likely to be affected by the legislation. |
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What has become of the old Register of the National Estate (RNE) under the EPBC Act? |
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The RNE is retained in a modified form by the legislation, and will continue to exist alongside the National and Commonwealth Heritage Lists. The RNE will be maintained by the Australian Heritage Council, and new places will continue to be added to the list where they satisfy the criteria for listing. Any place that is currently listed on the RNE will be included on the RNE kept by the Australian Heritage Council.
Listing on the new modified RNE will still afford a heritage place certain protections. Places listed on the RNE that are on Commonwealth land and places on the RNE that may be affected by Commonwealth actions are afforded protection under the legislation. Additionally, in making decisions under the EPBC Act, the Minister for the Environment and Heritage will be required to have regard to information in the RNE.
An item can co-exist on the RNE and new National and Commonwealth Heritage Lists. |
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What laws, regulations and controls are there about cultural heritage in NSW and elsewhere? |
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Cultural heritage in Australia is protected and regulated at national, state and local levels. The same place may be subject to a number of different statutory controls.
The outline below is provided for general information. Users of this site are advised to seek specific legal advice, rather than relying on these general comments.
Commonwealth
The powers of the Commonwealth in relation to cultural heritage are relatively limited.
The Commonwealth has passed a range of laws protecting and managing cultural heritage, particularly in relation to Indigenous matters. A large body of case law and legislation (including the Native Title Act and Racial Discrimination Act) has developed in recent years to define Indigenous rights with respect to traditional land ownership. These matters often have an impact on heritage issues, though the systems tend to complement rather than compete with each other.
The Commonwealth also has power to protect places of World Heritage significance under the World Heritage Convention. So far, Australia has identified more places of natural heritage significance as places worthy of inclusion on the World Heritage List. Australian places on the World Heritage List include: the Great Barrier Reef, Lord Howe Island group, Fraser Island and the Heard and Macdonald Islands.
Listed sites with Indigenous cultural values include Kakadu National Park, Uluru-Kata Tjuta National Park and the Willandra Lakes Region.
The Historic Shipwrecks Act 1976 is another piece of Commonwealth legislation affecting cultural heritage. This Act protects significant shipwrecks. Although this is a federal law, in most cases it is administered by state heritage bodies such as Heritage Victoria and the NSW Heritage Office.
It has been some three years since the changes to the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) came into effect, bringing Australia's heritage places firmly within the ambit of the legislation. There have been some notable successes in the implementation and application of the EPBC Act. However, the legislation continues to be fine-tuned, particularly to assist business and industry work within the EPBC Act frameworks.
To this end, a raft of amendments were passed by the Australian Parliament in December 2006, intended to take effect in 2007. The Department of the Environment and Heritage summarises the changes as achieving the following:
• ensure matters of national environmental significance continue to receive the highest possible level of protection;
• cut red tape and enable quicker and more strategic action to be taken on emerging environmental issues;
• provide greater certainty for industry;
• make environmental decision-making more efficient and cost-effective;
• strengthens the enforcement provisions of the EPBC Act;
• encourage the use of regional plans to create more certainty about the outcomes of environmental decisions; and
• increase the general understanding of the processes and mechanisms of the EPBC Act.
In particular, the amendments have the following important effects:
• A person may refer a number of alternative proposals for taking an 'action' at a heritage place, adding considerable new flexibility to the referrals process.
• A person may vary a proposal to take an action in certain circumstances.
• The Minister can approve certain actions at a heritage place where they are carried out in accordance with an endorsed policy, plan or program. This adds to the already considerable importance of management plans prepared for heritage places.
• The Federal Court may require an undertaking as to damages if an interim injunction is sought under the EPBC Act, providing a powerful deterrent to applicants who may seek to abuse the injunctions provisions to delay or frustrate legitimate development.
The above information is a summary of a small number of the changes made to a complex piece of legislation. It is not intended to be legal advice. All questions of a legal nature should be addressed to a legal practitioner.
States
Each state in Australia has its own legislation dealing with cultural heritage issues. These laws are broadly similar. However, there are some important differences.
New South Wales
What is the State Heritage Inventory?
The State Heritage Inventory (SHI) is an electronic database of heritage items on statutory lists in New South Wales. It is a useful reference tool, but is not comprehensive and direct enquiry with relevant agencies (eg local councils) is recommended. The SHI may be accessed thorough the Heritage Office website (see our Links page). It includes all items listed with local councils and on the State Heritage Register.
State Heritage Register
The State Heritage Register (SHR) is a list of heritage items of particular importance to the people of New South Wales. It includes items and places (such as buildings, works, relics, movable objects or precincts) of state heritage significance, endorsed by the Heritage Council of NSW and the Minister.
The State Heritage Register currently includes all items formerly protected by Permanent Conservation Orders and items identified as having state significance in the Section 170 heritage and conservation registers prepared by state government agencies and received by the NSW Heritage Office prior to 2 April 1999. Works to items on the State Heritage Register require approval from the Heritage Council of NSW (unless subject to exemptions).
Interim Heritage Orders
The Heritage Council can also recommend to the Minister that an 'Interim Heritage Order' (IHO) be made over an item. IHOs provide the same protection and give rise to the same approval requirements as listing on the State Heritage Register.
Archaeological 'Relics'
Under Division 9 of the Heritage Act, a permit is required for the excavation of relics, unless there is an applicable gazetted exception. The Act defines a relic as:
Any deposit, object or material evidence
(a) which relates to the settlement of the area that comprises New South Wales, not being an Aboriginal settlement, and
(b) which is 50 or more years old.
Under Clause 139 of the Heritage Act, an excavation permit is required where there is reasonable knowledge or likelihood that disturbance or excavation of land is likely to result in a relic being discovered, exposed, moved, damaged or destroyed.
Who's Who
The Heritage Act 1977 (NSW) is administered by the NSW Heritage Office which can be contacted at www.heritage.nsw.gov.au.
The Environmental Planning and Assessment Act 1979 protects and manages heritage through environmental planning processes, and by sharing the responsibilities of heritage management between local and state agencies. One of the most important ways this is achieved is through Local Environmental Plans (LEPs) which list items of local heritage significance. Heritage LEPs include special requirements for developing listed places.
The Environmental Planning and Assessment Act is administered by PlanningNSW and Local Councils. Contact your local council for further information or see our Links section for a link to the PlanningNSW website.
The National Parks and Wildlife Act 1974 protects, preserves and manages all Aboriginal objects throughout the state, irrespective of land tenure. The Act also protects historic and natural heritage on National Parks and Wildlife Service Estate. The Act is administered by the National Parks and Wildlife Service (NPWS) which can be contacted at www.npws.nsw.gov.au.
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Which Aboriginal groups should I consult in my area? |
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Local Aboriginal Land Councils throughout New South Wales play an active role in advising on and participating in the process for management of Indigenous cultural heritage places.
Contact the Department of Aboriginal Affairs on (02) 9290 8700 or the National Parks and Wildlife Service on (02) 9585 6444 for other relevant Aboriginal community organisations.
Victoria
The Heritage Act 1995 and the Planning and Environment Act 1987 are important pieces of legislation incorporating the principles governing cultural heritage in Victoria.
The Heritage Act of Victoria protects all non-Indigenous archaeological sites more than 50 years old. The body responsible for administering heritage issues is Heritage Victoria, which maintains the Heritage Inventory (a list of all known archaeological sites and objects in the state over 50 years old) and the Victorian Heritage Register (a comprehensive list of the most significant heritage places and objects in the state). Generally, any person who causes damage to an archaeological site without permission from Heritage Victoria may face prosecution under the Heritage Act. If a site is listed in the Heritage Register, a permit is required before any alteration can be made to that place.
The Victorian Planning and Environment Act gives certain powers for the management of heritage to municipal and shire councils. For example, places and objects of local importance can be included in local planning schemes, through inclusion in a 'heritage overlay'.
In Victoria, Indigenous sites and relics are protected and managed by Aboriginal Affairs Victoria, which maintains its own register of known Indigenous sites. Aboriginal Affairs Victoria plays an active role in managing consultation with local Aboriginal Land Councils.
Other States and Territories
Other states and territories have specific legislation relating to both Indigenous and historic cultural heritage. See our Links page to access the websites of other state heritage agencies.
Local Government
Planning instruments and schemes also provide protection and procedures for managing heritage items and areas at the local level. These systems vary from state to state and between local government agencies. You are advised to make enquiries directly with your local council.
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What does 'heritage listing' mean? |
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Heritage listing can occur at a world, national, state or local level.
Places on the 'World Heritage List' have been listed, by the World Heritage Committee, under the World Heritage Convention, 1972, because of their outstanding universal value to humanity.
At the national level, the Register of the National Estate includes places from all around Australia, ranging from places of local significance to include world heritage sites. Draft legislation currently before the federal parliament proposes the establishment of a 'National Heritage List', through amendment to the Environmental Protection Biodiversity Conservation Act.
In New South Wales, if an item or place is heritage listed it means it has been placed on the State Heritage Register or in a Local or State Government planning instrument. In Victoria, a place may be included on the Victorian Heritage Register or in a 'heritage overlay' at the local level. Listing on the NSW State Heritage Register or the Victorian Heritage Register means the site or relic has been assessed as being of cultural heritage significance to the state. Heritage listing means that the identified values of an item or place are protected and managed by laws, regulations and statutory controls at a state level.
For an item or place to be listed, it must undergo an assessment process to determine whether it has sufficient historic, aesthetic, scientific or social significance, or if it is a rare or representative example of its type. Historical research and fieldwork surveys play a large part in determining, through comparative analysis, whether or not an item or place is worthy of heritage listing.
Many local councils have heritage schedules as part of their planning schemes. These list items that are considered to be of local, state or national significance.
Our Links page provides access to the websites of state heritage agencies. For information on local heritage listings, it is best to contact the local council directly.
For information on Aboriginal or natural heritage significance in New South Wales a good first step would be to contact the NSW National Parks and Wildlife Service (NPWS). For information regarding Indigenous heritage in Victoria, contact may be made with Aboriginal Affairs Victoria.
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How does listing affect my property and its development? |
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Listing of your property on a statutory heritage register means certain laws, regulations and controls will apply and must be considered by the relevant consent authority when they assess proposed changes to your property. These statutory controls have been established to protect the heritage values of heritage places. They do not preclude change, but rather provide a legal framework to manage change, so that the heritage significance of an item or place is retained and not adversely affected.
The best way to access general information regarding which particular 'controls' apply to your place is to contact the planning department of your local council. Alternatively, you can contact the relevant state administrative body such as the NSW Heritage Office or Heritage Victoria. For information regarding Aboriginal or natural heritage in New South Wales contact the NSW National Parks and Wildlife Service (NPWS). In Victoria, Indigenous heritage matters are dealt with by Aboriginal Affairs Victoria.
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