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Heritage Conservation in Australia: An Examination of the Legislative Framework. Lynne Armitage, Bond University, Gold Coast, Australia & Janine Irons, Curtin University, Perth, Australia. 1. INTRODUCTION. Community and governments Objectives of paper Structures and frameworks

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Heritage conservation in australia an examination of the legislative framework

Heritage Conservation in Australia: An Examination of the Legislative Framework

Lynne Armitage, Bond University, Gold Coast, Australia

&

Janine Irons, Curtin University, Perth, Australia


1 introduction
1. INTRODUCTION

  • Community and governments

  • Objectives of paper

    • Structures and frameworks

    • Where, why, what

  • Perspectives of

    • Value: market value

    • Heritage focus: built heritage

    • Geographic context: urban metropolitan

    • Property class: single unit detached dwelling

    • Statutory listing perspective: City of Fremantle Heritage List

2010 ERES Milano – Irons and Armitage

HERITAGE


Location of study area
LOCATION OF STUDY AREA

Milan

Fremantle

Fremantle 

____

HERITAGE

2010 ERES Milano – Irons and Armitage


2 context
2. CONTEXT

  • Tools for identification and management

    • Listing/designation/registration

  • Implications for land owners

    • On property value

    • Legal obligations? Statutory or non-statutory

      control

    • Variable impact

    • Public versus private good

  • Research focus

    • Policy and regulatory aspects

    • 3-tiers of Australian government

HERITAGE

2010 ERES Milano – Irons and Armitage


3 statutory listing
3. STATUTORY LISTING

International and community roots

Athens Charter, Venice Charter

Australian ICOMOS – Burra Charter

National Trust; Fremantle Society

Federal leadership

Australian Heritage Council (AHC) Act 1975

establishing Register of the National Estate

Hierarchy:

world/national significance = federal

state significance = state responsibility

local significance – delegated by state to

local gov’t

HERITAGE

2010 ERES Milano – Irons and Armitage


3 statutory listing1
3. STATUTORY LISTING

Issues in Western Australia

Variety of registers

Table 1 in full paper refers

One international; 3 national; 4 state;

2 at LGA level

Scale of listing

Across Australia 170,000 listed heritage

places, 90% being listed at LGA level

In WA about 17,200 properties are listed,

with only 1,200 (approx 7%) being at the

state level (WAPC)

HERITAGE

2010 ERES Milano – Irons and Armitage


National heritage
NATIONAL HERITAGE

HERITAGE

2010 ERES Milano – Irons and Armitage


4 statutory listing national level
4. STATUTORY LISTING - NATIONAL LEVEL

National and Commonwealth Heritage lists

Environment Protection and Biodiversity

Conservation (EPBC) Act 1999

National list ‘outstanding heritage value’: e.g. Sydney

Opera House; Great Barrier Reef; Sydney Harbour

Bridge; Old Parliament House, Canberra; Uluru (Ayers Rock)

Anyone can nominate a place for inclusion; then assessed by Australian Heritage Council

Civil and criminal penalties for unauthorised actions

Evaluation criteria include: aesthetic, historic, scientific or social significance such as rare or endangered features; association with significant people; spiritual association; importance for Indigenous tradition

HERITAGE

2010 ERES Milano – Irons and Armitage


State heritage
STATE HERITAGE

HERITAGE

2010 ERES Milano – Irons and Armitage


5 statutory listing state level
5. STATUTORY LISTING - STATE LEVEL

Heritage of Western Australia Act

(HWA) 1990

Administered by Heritage Council of WA :

State register for the recognition, management

and protection of places

Over 1,200 entries – mainly individual properties but some

precincts; split of land uses; most are residential 28% with commercial, education or government all about 20% each

Registration criteria: cultural heritage significance or special

interest associated with cultural heritage

Factors considered include: distinctive features; scarcity; unity

of design; beauty; or by association with historic person, event, discovery; scientific or other contribution to knowledge

HERITAGE

2010 ERES Milano – Irons and Armitage


Local heritage
LOCAL HERITAGE

HERITAGE

2010 ERES Milano – Irons and Armitage


6 statutory listing local government level
6. STATUTORY LISTING - LOCAL GOVERNMENT LEVEL

The third – local - tier of government

Municipal Heritage Inventories (MHIs) required

under Sec 45 HWA Act

Local threshold of merit for assessment mirrors State Register

Limited statutory protection mainly via local planning schemes under Sec 26 of the WA Planning and Development Act 2005

State Planning Policy 3.5 (SPP 3.5) Historic Heritage Conservation manages the sensitive interface of heritage protection and development pressure of heritage places

A Model Scheme Text (MST) provides LGAs with guidance for their planning schemes re heritage management issues

HERITAGE

2010 ERES Milano – Irons and Armitage


Sample summary mhi entry
SAMPLE SUMMARY MHI ENTRY

HERITAGE

2010 ERES Milano – Irons and Armitage


7 summary and conclusion
7. SUMMARY AND CONCLUSION

Objectives of paper

Structures and frameworks governing heritage listing system

Legislative system: 3-tiers, following government

Robust, flexible system: promotes certainty

Complementary costs: burden falls on individual owners

Further study (recently completed) will identify the impact on price through empirical research – survey of Fremantle – listed vs non-listed dwellings

HERITAGE

2010 ERES Milano – Irons and Armitage