What's new - 2012 and 2011
Heritage Regulation 2012
On 1 September 2012 the new Heritage Regulation 2012 replaces the repealed Heritage Regulation 2005.
The main changes are:
(a) a new provision allowing the Heritage Council to include in a listing minimum standards of maintenance for ruins and movable objects listed on the State Heritage Register (maintenance standards for ruins or movable objects are currently not specified in the Heritage Act or 2005 Regulation);
(b) a new provision enabling the Heritage Council to, where necessary, request that an owner of a heritage item carry out an inspection outside the current timeframes for cyclic inspection and provide a report identifying all faults and detailing works required to meet minimum maintenance and repair requirements; and
(c) a new provision requiring a 3 month time frame for the Planning and Assessment Commission to provide advice to the Minister under Section 34 of the Heritage Act.
Public consultation and consideration of submissions
The proposed Regulation was placed on public exhibition between 18 April and 18 May 2012. One submission was received from Australia ICOMOS. The submission raised the possibility of introducing a more prescriptive definition of ‘ruin’. The term ‘ruin’ is already defined in the Heritage Act. It is considered preferable to leave the current definition unamended in order for the definition to cater for the wide range of properties that may require protection.
A communications package will be developed to coincide with the regulation change.
Outcome of consultation with the Better Regulation Office (BRO)
Consultation was undertaken with BRO, with an emphasis on the checks and balances on the application of new powers and additional costs to owners.
BRO raised concerns about the need to better consult owners and the public before minimum maintenance standards are imposed for ruins and movable objects (even though the maximum scope of these standards is limited by the Heritage Act).
In response, the consultation requirements before such maintenance standards are imposed were expanded and improved, and BRO’s concerns have been adequately addressed. The consultation process for these standards will not duplicate that undertaken for the listing itself.
Relevant Government policy and any departure from policy
The proposed regulation is consistent with the Government’s election commitments to:
There is no departure from any Government policy.
Other administrations affected by the proposal and consultation
In March 2012, the Minister for Heritage consulted with the Minister for Planning and Infrastructure regarding the time limit imposed on PAC advice. A 3-month period was agreed. The Office of Environment and Heritage will write to PAC notifying it of the commencement of this section of the Heritage Act.
The proposed regulation will deliver on the Government’s objectives to strengthen heritage conservation in NSW and improve timeframes for heritage listings. The community will benefit as the State’s heritage will be conserved for future generations. It is anticipated that the additional costs to owners will be minor. Some owners may benefit from reduced costs of minimum maintenance following amendments to listings through the definition of some heritage items as ruins and avoiding the need for more significant remedial measures.
See the Regulatory Impact Statement (PDF 223KB).
The Heritage Regulation 2012 can be viewed on the NSW Legislation website.
Remaking of the Heritage Regulation 2005
The Heritage Regulation 2005 will be repealed on 1 September 2012.
The current Heritage Regulation makes provision for
- minimum standards of maintenance and repair of buildings, works and relics listed on the State Heritage Register; and
- the collection of fees for applications under the Heritage Act 1977, and for various other functions such as the review of Conservation Management Plans for Heritage Council endorsement.
It is proposed that there be no changes made to these existing provisions. However, the new draft Regulation makes additional provision for:
- Minimum standards for maintenance of ruins or moveable objects:
Maintenance standards for ruins or movable objects listed on the State Heritage Register are currently not specified in the Heritage Act 1977 or Heritage Regulation 2005. The draft Regulation includes a provision allowing the imposition of minimum standards of maintenance for ruins and moveable objects. These minimum standards relate to protection, security and essential maintenance. Rather than have generic standards that apply to all ruins and movable objects, maintenance standards will be tailored to fit individual situations and listed for each individual item on a case by case basis and published in the NSW Government Gazette. The owner of the heritage item will benefit from a clearer understanding of what work is required. The community will benefit as the State's heritage will be better conserved for future generations.
- Owner inspections:
The draft Regulation will enable the Heritage Council to, where necessary, request that an owner of a heritage item carry out an inspection outside the current timeframes for cyclic inspection and provide a report identifying all faults and detailing works required to meet minimum maintenance and repair requirements. The report will enable the Heritage Council to provide specific technical advice to the owner to prioritise necessary repairs. Often short to medium term maintenance issues left unidentified and unaddressed result in increased maintenance and repair costs in the longer term. In addition a well-maintained heritage item may retain its property value better than one that is poorly cared for. The community will benefit as the State's heritage will be conserved for future generations.
- Timeframes for Planning and Assessment Commission (PAC) advice:
The draft Regulation provides a 3 month time frame for PAC to provide advice to the Minister on listing matters.
The Office of Environment and Heritage welcomes written comments on the draft Regulation and Regulatory Impact Statement. The closing date for submissions is 18 May 2012. Submissions should be mailed to:
Director, Heritage Branch
Office of Environment and Heritage
Locked Bag 5020
Parramatta NSW 2124
or emailed to: firstname.lastname@example.org
Posted 17 April 2012
Heritage Council releases its submission on the NSW Planning System Review
The Heritage Council of NSW has released its submission on the NSW Planning System Review.
This submission responds to the general invitation to comment on the NSW planning system for the comprehensive review currently being conducted by an independent panel appointed by the NSW Government.
The Heritage Council's submission responds to several of the questions raised in the Issues Paper published by the independent panel and raises a number of further issues about heritage management in the planning system.
In its submission to this review, the Heritage Council reinforces the important role of the planning system for managing the listing and development of over 26,000 heritage items and areas in New South Wales.
The Heritage Council makes 16 key recommendations for the improved integration of heritage management in the NSW planning system. This covers issues ranging from listing, consent requirements and development assessment to improved incentives and enforcement for heritage places.
To see this submission Heritage Council submission on NSW Planning System Review (hcsubmissionplanningsystemreview.pdf, 1.9MB)
To find out more about the review see: NSW Planning System Review.
Posted 28 February 2012
Heritage NSW newsletter survey - now closed
The Heritage Council of NSW is seeking your feedback on its newsletter, Heritage NSW. We would appreciate it if you could take a few minutes to answer a few questions. Thank you.
Posted 6 February 2012
New archaeological report into HMAS Australia battlecruiser wreck, Sydney, released
HMAS Australia battlecruiser
On 12 April 1924, the former HMAS Australia, the largest warship in the Australian fleet was towed 50km east of Sydney Heads and scuttled with full military honours. Eulogies were read, strong naval men were wet eyed and public outrage flared at the loss of the first flagship of the Royal Australian Navy (RAN). This highly significant vessel was Australia's only battlecruiser, was the centrepiece of the Royal Australian Naval Fleet, and prevented German aggression in the South Pacific during World War I. The wreck lay undisturbed for many years until its accidental discovery in 400m of water 1990. Due to its extreme depth, a survey was not undertaken until the RAN (at the request of the Heritage Branch) directed a suitable deep water ROV unit to undertake the first photographic survey of the site in 2007. This report discusses the vessel's significance, teh survey operations and the identification of main elements of the site. HMAS Australia remains Australia's largest intact Historic Shipwreck.
HMAS Australia Wreck Inspection Report (hmasaustraliawreckinspectionrpt.pdf, 6.3MB).
HMAS Australia Shipwreck Information Sheet (hmasaustralia1924infosheet.pdf, 525KB)
Posted 19 January 2012
New Murray River Shipwreck Survey Report released
Murray River Shipwreck Survey Report
A new short report on the results of a side scan sonar survey of the Murray River between Wentworth and Red Cliffs has been released. The report, compiled by Frits Breuseker of SeaSee Pty Ltd, details the technical elements of survey, and the efforts taken to locate lost paddle steamer wrecks in the Murray. A report on the Archaeological Assessment of the survey data will be prepared by the Heritage Branch, and will be available soon. As several new shipwreck sites were detected during the operations, it is hoped that together these reports will inform a nomination for the NSW State Heritage Register.
SeaSee Pty Ltd report (mildurasurveyseasee.pdf, 3.1MB)
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Posted 18 January 2012
Heritage Council Review: RTA's Timber Truss Bridge Strategy, 2011
Timber Truss Road Bridges of NSW
In February 2011 the Heritage Council of NSW appointed a subcommittee to review the Roads and Traffic Authority's report Timber Truss Road Bridges: a Strategic Approach to Conservation. The subcommittee completed its review in July 2011.
Subcommittee's report (TimberTrussBridgeStrategy.pdf, 3.1MB)
Posted 19 September 2011
"Discover NSW Maritime Heritage" leaflets now available online
Discover NSW Maritime Heritage Leaflet!
The waters of New South Wales contain an immense wealth of heritage sites and relics. With an estimated 1800 shipwrecks, along almost 1800 km of coastline, NSW has amongst the largest accumulation of shipwreck sites of any State or Territory in Australia.
This leaflet introduces you to these sites and stories. In order to relate to our maritime cultural heritage and understand how it has shaped our society today, we first need to understand the significance, form and function of the traces of maritime activity left to us in the archaeological record.
The Heritage Branch implements the NSW Maritime Archaeology Program and has a team of professional Maritime Archaeologists who provide advice, promote standards, and physically manage the State's Historic Shipwreck resource. The Maritime Team aims to, enhance and make more widely available knowledge about our maritime culture.
The leaflet would not have been possible without the support of Damien Siviero and the other divers who generously provided images.
Discover NSW Maritime Heritage leaflet (DiscoverNSWMaritimeHeritage.pdf, 1.5MB)
A copy can be mailed to you from the Department of Planning Information Centre, 22-33 Bridge St, SYDNEY. Phone 02 9228 6333.
Posted 17 February 2011
The Heritage Branch's new historic shipwreck poster now available online
New Historic Shipwreck Poster!
This poster features SS Tuncurry, a wooden screw steamer built in 1903 at Cape Hawke by John Wright. Tuncurry was enroute from Sydney to Brisbane when it sprang a leak and sank on 22 October 1916. Lost approximately six nautical miles off Whale Beach, the vessel rests on a sand plateau in 60m water.
The wreck site was found by recreational divers in early 2009, and was the subject of a voluntary diver survey later that same year. The Heritage Branch now manages this important historic shipwreck as part of the NSW Maritime Archaeology Program, and has been working with the divers, NSW Water Police and the Australian Centre for Field Robotics at the University of Sydney to Map the wreck. Tuncurry is protected by the Commonwealth Historic Shipwrecks Act 1976.
The poster is a wonderful celebration of Historic Shipwreck sites, stories and experiences, and would not have been possible without the support of Neil Vincent and Robbert Westerdyk who generously provided images for the Branch to use.
Please Historic shipwrecks poster (shipwreckposter.pdf, 4.7MB). If you would like to receive a hard copy, please contact the Department of Planning Information Centre at 22-33 Bridge St, SYDNEY NSW 2000 or via telephone: 02 9228 6333 and we will send one out to you.
(shipwreckposter.pdf, 4.7MB). If you would like to receive a hard copy, please contact the Department of Planning Information Centre at 22-33 Bridge St, SYDNEY NSW 2000 or via telephone: 02 9228 6333 and we will send one out to you. (shipwreckposter.pdf, 4.7MB). If you would like to receive a hard copy, please contact the Department of Planning Information Centre at 22-33 Bridge St, SYDNEY NSW 2000 or via telephone: 02 9228 6333 and we will send one out to you.
Posted 13 January 2011
Page last updated: 03 September 2012