Acts & Policies
Heritage of Western Australia Act 1990
“An Act to provide for, and to encourage, the conservation of places which have significance to the cultural heritage in the State, to establish the Heritage Council of Western Australia, and for related purposes.”
The Heritage of Western Australia Act 1990 outlines the Heritage Council’s functions and responsibilities.
It also provides for a range of regulatory orders that the Heritage Minister may issue to provide special protection for a place.
- A ‘Conservation Order’ is an on-going protective order that remains in effect indefinitely, unless an end-date is specified. It requires public consultation before the Minister may issue it.
- A ‘Stop Work Order’ is a protective order that automatically expires after 42 days. It does not require public consultation.
- A ‘Consent Order’ is a protective order that only requires the owner’s consent. It remains in effect for as long as the owner agrees to. It does not require public consultation.
In 2011, amendments to the Heritage Act increased penalties of up to $1million for illegal demolition and unauthorised development of heritage-listed properties.
On 27 March 2012, new regulations came into effect that result in owners of State Registered places no longer being required by law to seek Heritage Council advice on maintenance and minor works to their properties.
For more information, please see our page on Heritage of Western Australia Amendment Regulations 2012.
Review of the Heritage of Western Australia Act 1990
The review of the Heritage Act was initiated in April 2011. Following three rounds of public consultation, the Heritage Bill 2016 was introduced into Parliament in August 2016.
The new Heritage Act will replace the current Act and introduce a range of process improvements and features that will contribute to the ongoing recognition and care of Western Australia's heritage places.
Find out more about the Heritage Bill 2016