Lynne Armitage, Bond University, Gold Coast, Australia & Janine Irons, Curtin University, Perth,...

Lynne Armitage, Bond University, Gold Coast, Australia

&

Janine Irons, Curtin University, Perth, Australia

Heritage Conservation in Australia: An Examination of

the Legislative Framework

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

HERITAGE

MilanMilan

Fremantle Fremantle ____

FremantleFremantle


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


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:

1. world/national significance = federal2. state significance = state responsibility3. local significance – delegated by state to

local gov’t


HERITAGE

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

NATIONAL HERITAGE

HERITAGE


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

STATE HERITAGE

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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

LOCAL HERITAGE

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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


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SAMPLE SUMMARY MHI ENTRY

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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

Lynne Armitage, Bond University, Gold Coast, Australia & Janine Irons, Curtin University, Perth,...

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