Amendments passed to better protect State Heritage Places from falling into disrepair

The Heritage Places (Protection of State Heritage Places) Amendment Bill allows the government to occupy or make use of a State Heritage Place where a heritage agreement is in place and brings penalties into line with national standards.

The Bill also increases penalties for damage or neglect of State Heritage Places and for failing to comply with a protection order under section 39A of the Act.

The changes seek to address so-called demolition by neglect by putting the onus of proof of any damage onto the owners of the state’s 2325 state heritage places. Currently, authorities must prove a heritage listed building has been damaged by the owners.

Further amendments include:

• increased financial penalties in line with other jurisdictions - up to $1 million for a body corporate and $500,000 for an individual. Daily penalties of $50,000 also apply for inaction.
• further enforcement provisions such as repair notices and repair orders that provide for a gradated scale of responses to non-compliance
• allowing protection orders to be an encumbrance on the Certificate of Title for the State Heritage Place
• allowing for community consultation in the process of designations for sites of geological, archaeological, paleontological and speleological significance.

These are important amendments that seek to address the issue of demolition of Heritage Places by neglect, by introducing stricter compliance measures and processes for property owners.

The amendments introduce further enforcement provisions and places the onus of proof on owners for demolition and neglect.

These reforms seek to make the processes and responsibilities of landowners clearer and simpler to enforce and support positive conservation outcomes for State Heritage properties.