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Heritage Bill 2016

On 24 August 2016, Heritage Minister Albert Jacob introduced the Heritage Bill 2016 into Parliament where it will be debated and considered in detail.

Read the Minister's speech introducing the bill here.


Heritage Bill 2015 (Exposure Draft)

On 12 August 2015, Heritage Minister Albert Jacob released the Heritage Bill 2015 (Exposure Draft) for stakeholder and community consultation.

Known as a Green Bill, it is the culmination of the 2011 review of the Heritage Of Western Australia Act 1990, the first major initiative of the State Cultural Heritage Policy.

The six-week consultation period closed on 25 September 2015. Feedback from this public consultation phase will now help inform new heritage legislation that is open, transparent, simple to operate and easy to understand, and able to reflect best practice in the recognition and protection of heritage places.

We thank those who provided their feedback and we will keep you informed of the progress of the proposed new legislation.

Background

The State’s first Cultural Heritage Policy formally set out the State Government’s objective to ‘ensure that heritage legislation is open, transparent, simple to operate and understand, and able to reflect best practice in the recognition and protection of heritage places’.

The Review of the Heritage Act involved two phases of community consultation.

The first phase of the review involved the release of the Consultation Paper and sought views on the effectiveness of current legislation and what a contemporary Heritage Act should look like.

Through a series of stakeholder meetings and formal submissions, the general consensus was that the Heritage Act, which had its origins in the 1970s and 80s, was out-dated and inadequate.

The Act was characterised by a lack of clarity, cumbersome and inefficient processes, difficulties in interpreting the legislation and perceptions of its effectiveness.

This feedback assisted in the development of the Discussion Paper for phase two of the review. The Discussion Paper outlined a series of proposals that might form the basis of a new Heritage Act.

Further stakeholder meetings were held and formal submissions invited. This information assisted in the preparation of the Heritage Bill 2015 (Exposure Draft).

What is included in the Green Bill

The Green Bill retains features of the current Heritage Act that have served well in the recognition and protection of Western Australia’s most important heritage places during the past 25 years.

Informed by the feedback received in the two phases of public consultation, the Green Bill also addresses the shortcomings of the current Heritage Act by introducing new features that reflect contemporary heritage management principles and practice.

The major proposed reforms are:

  • Clarifying the sorts of places that will be considered for entry in the State Register
  • Introducing a one-step process to assess and recommend the entry of a place in the State Register
  • Ensuring openness and transparency by legislating that Heritage Council and Ministerial decisions on State Registration are published
  • Introduction of a Repair Order to address genuine cases of demolition by neglect
  • The ability to provide more incentives to owners and local governments
  • Improving the development referral process
  • Provides clarity for the purpose, compilation and maintenance of Municipal Heritage Inventories
  • Better protection for archaeological and moveable objects situated in State Registered Places

More detailed information is contained within the Heritage Bill 2015 (Exposure Draft) Information Paper

We have also produced a fact sheet for local governments.

Submissions to the Green Bill have now closed. We thank you for your feedback which will help inform a new heritage act, the first major change to our State’s heritage legislative framework in 25 years.

 

 












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