The Following Conditions Apply to This Permit

Permit No.: P23160 HERITAGE PERMIT GRANTED UNDER SECTION 74 OF THE HERITAGE ACT 1995

NAME OF PLACE/OBJECT: TOLARNO HOTEL

HERITAGE REGISTER NUMBER: H2207

LOCATION OF PLACE/OBJECT: 42 FITZROY STREET ST KILDA

THE PERMIT ALLOWS: Installation of operable windows and conservation of Mirka Mora murals, in accordance with the following documents, as endorsed by the Executive Director and forming part of this permit: A) CONSERVATION REPORT. “MIRKA MORA’S MURALS AT TOLARNO HOTEL, 42 FITZROY STREET, ST KILDA VISIT APRIL 28, 2016” BY SABINE COTTE B) DRAWING A001 BY GABBE DATED 25/5/2016 AND HAND ANNOTATED BY BEN THOMPSON 12/7/2016

THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT: 1. This permit shall expire if the permitted works have not commenced within two (2) years of the date of issue of this permit, or are not completed within four (4) years of the date of issue of this permit unless otherwise agreed in writing by the Executive Director, Heritage Victoria.

2. The Executive Director is to be given five working days notice of the intention to commence the approved works.

3. Approved works or activities are to be planned and carried out in a manner which prevents damage to the registered place / object. However, if other previously hidden original or inaccessible details of the object or place are uncovered, any works that may affect such items shall immediately cease. The Executive Director shall be notified of the details immediately to enable Heritage Victoria representatives to inspect and record the items, and for discussion to take place on the possible retention of the items, or the issue of a modified approval.

4. All works must cease and this office be contacted if historical archaeological artefacts or deposits are discovered during any excavation or subsurface works. Should any munitions or other potentially explosive artefacts be discovered, Victoria Police is to be immediately alerted whilst the site is cleared of all personnel.

5. The Executive Director is to be informed when the approved works have been completed.

6. The development approved by this permit is to be carried out in accordance with the endorsed drawings, unless otherwise agreed in writing by the Executive Director, Heritage Victoria. Heritage Act 1995

7. The following from the report entitled: Conservation Report. “Mirka Mora’s murals at Tolarno Hotel, 42 Fitzroy Street, St Kilda Visit April 28, 2016” by Sabine Cotte should be carried out by a qualified conservator before any other works are undertaken in the main and small restaurant areas. a) Condition survey of all murals including for structural adhesion. b) Mapping of murals and all types of damage. c) Provision of a report to the Executive Director documenting all damage. d) Facing of all flaking areas of the murals as a temporary protective measure. e) Installation of plastic sheets to protect the murals from dust as a result of the window works.

8. Inspection of the air outlet on the north wall next to the kitchen door by air conditioning specialists to ensure that it is working properly and not leaking. If works are proposed the qualified conservator should be consulted. If the works have the potential to impact on the mural, the works are to be supervised at all times by a qualified conservator who has the authority to stop works and implement protective measures or change the work practices if the murals suffer any damage or are in danger of damage. If any damage occurs, the conservator is to assess the damage and prepare a proposal for repairs for the approval of the Executive Director. 9. Installation of two operable windows in the areas below as specified in Drawing A001 by Gabbe dated 25/5/2016 and hand annotated by Ben Thompson 12/7/2016. These windows are to be installed within the existing frames and vibration associated with their installation is to be kept low. The works are to be supervised at all times by a qualified conservator who has the authority to stop works and implement protective measures or change the work practices if the murals suffer any damage or are in danger of damage. If any damage occurs, the conservator is to assess the damage and prepare a proposal for repairs for the approval of the Executive Director. a) The centre window in the main restaurant. b) The larger window in the small restaurant.

10. Attachment of padding to tables and chairs next to the north wall so as to protect the murals from the hard edges. High Density Closed Cell EPDM Sponge Strip D Seal S/A 15.9mm x 9.5mm with self- adhesive backing supplied by Clark Rubber is to be used and must cover the corners and all edges of the tables. It is to be further attached with using small P1 headed screws into the lower layer of the foam and the table and stool timbers to prevent customers from lifting the foam. The screw heads must not be in any areas that could contact the murals. The qualified conservator is to examine the padded furniture and confirm that the padding is suitable to prevent further damage to the murals. If the conservator finds that the padding is not suitable it should be rectified according to the conservator’s instructions until the conservator can confirm that it is suitable for protection of the murals.

11. The following from the report entitled: Conservation Report. “Mirka Mora’s murals at Tolarno Hotel, 42 Fitzroy Street, St Kilda Visit April 28, 2016” by Sabine Cotte should be carried out by a qualified conservator: c) Consolidation of all flaking areas. d) General dusting of the surfaces. e) Stabilisation, filling and in-painting of all paint losses in consultation with Mirka Mora.

Permit No.: P23160 Page | 2 Heritage Act 1995

f) Assessment of suitable coatings or mechanical methods to protect the murals from abrasion. Provision of recommendations to the Executive Director for approval. g) Preparation of a report documenting all works.

12. The murals are to be inspected and cleaned by a qualified conservator 6 months after completion of these works and every 18 months after that. A report on the condition of the murals including mapping of any damage is to be supplied to the Executive Director at the conclusion of each inspection. Should the inspections show that further flaking of the mural paint is occurring; the walls and if necessary other parts of the building must be tested for moisture content with a non- penetrating moisture meter to determine if moisture is the source of the damage. Other possible causes of damage must also be examined. A report is to be provided to the Executive Director which includes recommendations for rectification.

NOTE THAT PERMISSION HAS BEEN GIVEN FOR INSPECTIONS OF THE PLACE OR OBJECT TO BE UNDERTAKEN DURING THE CARRYING OUT OF WORKS, AND WITHIN SIX (6) MONTHS OF NOTIFICATION OF THEIR COMPLETION.

TAKE NOTICE THAT ANY NATURAL PERSON WHO CARRIES OUT WORKS OR ACTIVITIES NOT IN ACCORDANCE WITH THE PERMIT OR CONDITIONS IS GUILTY OF AN OFFENCE AND LIABLE TO A PENALTY OF UP TO 2,400 PENALTY UNITS ($346,464) OR 5 YEARS IMPRISONMENT OR BOTH, OR IN THE CASE OF A BODY CORPORATE 4800 PENALTY UNITS ($692,928).

THE ATTENTION OF THE OWNER AND/OR APPLICANT IS DRAWN TO THE NEED TO OBTAIN ALL OTHER RELEVANT PERMITS PRIOR TO THE COMMENCEMENT OF WORKS.

Date Issued: Signed on behalf of the Executive Director, Heritage Victoria:

20 July 2016 Janet sullivan

(If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit)

Date of amendment Brief description of amendment

Permit No.: P23160 Page | 3 Heritage Act 1995

IMPORTANT INFORMATION ABOUT THIS PERMIT

WHAT HAS BEEN DECIDED? The Executive Director has issued a permit under section 74 of the Heritage Act 1995.

WHEN DOES THE PERMIT BEGIN? The permit operates from a day specified in the permit.

WHEN DOES A PERMIT EXPIRE? A permit expires if - * the development or any stage of it does not start within the time specified in the permit; or * the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit. The expiry of a permit does not affect the validity of anything done under that permit before the expiry.

WHAT ABOUT APPEALS? The applicant or the owner of a registered place or registered object may appeal to the Heritage Council against any condition of a permit imposed by the Executive Director on a permit issued under Section 74 of the Heritage Act.

An appeal must - * be in writing; and. * be lodged within 6o days after the permit is issued.

Appeal forms can be downloaded at: http://heritagecouncil.vic.gov.au/hearings-appeals/permit-appeals/permit-appeals-explained/

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