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LOCAL GOVERNMENT HERITAGE GUIDELINES The Local Government Heritage Guidelines (including the delegation of certain Heritage Council functions under the NSW Heritage Act 1977 and the authorisation to make Interim Heritage Orders) Published by the NSW Heritage Office Locked Bag 5020 Parramatta NSW 2124 Australia Printed March 2002 © Copyright NSW Heritage Office ISBN 1 876415 59 2 HO02/5 Graphic design: Marianne Hawke Cover images: Top: Carved rooftop, Yiu Ming Temple Photo: Karl Zhao 2nd row left: Richmond Main Colliery Photo: Office of the Board of Studies 2nd row right: Aboriginal Fishtraps, Brewarrina Photo: Cameron White 3rd row left: Lord Howe Island Photo: Elizabeth Broomhead 3rd row right: Court House, Bourke Photo: Ian Jack Bottom: Rose Seidler House Photo: Office of the Board of Studies NSW Disclaimer Any representation, statement, opinion or advice, expressed or implied in this publication is made in good faith but on the basis that the State of New South Wales, its agents and employees are not liable (whether by reason of negligence, lack of care or otherwise) to any person for any damage, or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any representation, statement or advice referred to above. CONTENTS PAGE FOREWORD 1 1. INTRODUCTION 2 1.1 HERITAGE MANAGEMENT IN NSW 2 1.2 THE NSW HERITAGE MANAGEMENT SYSTEM 2 1.3 WHY THE LOCAL GOVERNMENT HERITAGE GUIDELINES HAVE BEEN PREPARED 2 1.4 HOW TO USE THE LOCAL GOVERNMENT HERITAGE GUIDELINES 3 2. THE MEANING OF HERITAGE 4 2.1 WHAT IS "ENVIRONMENTAL HERITAGE"? 4 2.2 WHAT IS AN "ITEM’’, "PLACE’’ AND "PRECINCT"? 4 2.2 WHAT IS "HERITAGE SIGNIFICANCE"? 4 2.3 REFERENCES 4 3. HERITAGE LEGISLATION & CONSERVATION PRINCIPLES 5 3.1 THE LEGISLATIVE FRAMEWORK 5 3.1.1 Heritage Act 1977 5 3.1.2 Environmental Planning and Assessment Act 1979 6 3.2 THE BURRA CHARTER 7 3.3 PRINCIPLES OF CARE OF HERITAGE ITEMS AND PLACES 7 3.4 REFERENCES 8 4. THE ROLE OF LOCAL GOVERNMENT, THE HERITAGE COUNCIL OF NSW, NSW HERITAGE OFFICE & OTHERS 9 4.1 THE ROLE OF THE NSW HERITAGE COUNCIL & NSW HERITAGE OFFICE 9 4.2 THE ROLE OF LOCAL COUNCILS 10 4.2.1 The Model Heritage Provisions for Local Environmental Plans 10 4.2.2. Heritage Officers & Heritage Advisors 10 4.2.3 Local Government Heritage Incentive Schemes 11 4.2.4 Local Government Heritage Committees 12 4.3 STATUTORY HERITAGE LISTS 12 4.3.1 State Heritage Register 13 4.3.2 State Heritage Inventory 13 CONTENTS 4.3.3 Register of the National Estate 13 4.4 ROLE OF OTHER ORGANISATIONS AND NON-STATUTORY LISTS 13 4.4.1 The National Parks and Wildlife Service 14 4.4.2 State Government Agencies 14 4.4.3 Australia ICOMOS 14 4.4.4 The National Trust of Australia (NSW) 14 4.4.5 The Royal Australian Historical Society 14 4.4.6 The Royal Australian Institute of Architects 14 4.4.7 The Institution Of Engineers Australia 15 4.4.8 Professional Historians Association (NSW) 15 4.5 REFERENCES 15 5. THE DELEGATIONS & THE AUTHORISATION 16 5.1 ADDITIONAL POWERS FOR LOCAL GOVERNMENT HERITAGE MANAGEMENT 16 5.2 THE DELEGATIONS AND THE MINISTERIAL ORDER FOR THE AUTHORISATION TO MAKE INTERIM HERITAGE ORDERS 16 5.2.1 Can powers be sub-delegated within local councils 16 5.3 THE DELEGATION OF CERTAIN APPROVAL FUNCTIONS OF THE HERITAGE COUNCIL OF NSW 16 5.3.1 The Benefits of the Delegation 17 5.3.2 Conditions attached to use of the Delegation 17 5.4 HOW TO USE THE DELEGATION 19 5.4.1 Circumstances where the Delegation cannot be used 19 5.4.2 The Processes involved when using the Delegation 20 5.4.3 Material Affectation 25 5.5 THE AUTHORISATION TO MAKE INTERIM HERITAGE ORDERS 31 5.5.1 The Benefits of the Authorisation 31 5.5.2 Conditions attached to use of the Authorisation 31 5.6 HOW TO USE THE AUTHORISATION 36 5.6.1 How to make an Interim Heritage Order 36 5.6.2 Template for an Interim Heritage Order 37 5.6.3 Gazettal of an Interim Heritage Order 37 5.6.4 Following Gazettal of an Interim Heritage Order 38 5.6.5 Voiding of Notices or Orders 38 5.6.6 Appeals 38 5.7 REFERENCES 38 CONTENTS 6. ASSESSING HERITAGE SIGNIFICANCE 39 6.1 WHY ASSESS HERITAGE SIGNIFICANCE? 39 6.2 SOURCING EXISTING ASSESSMENTS OF HERITAGE ITEMS 40 6.3 HERITAGE VALUES 40 6.3.1 Aboriginal heritage 40 6.3.2 Archaeological heritage 41 6.3.3 Maritime heritage 42 6.3.4 Natural heritage 42 6.3.5 Movable heritage 42 6.3.6 Culturally diverse heritage 42 6.4 LEVELS OF HERITAGE SIGNIFICANCE 42 6.5 REFERENCES 43 7. DETERMINING APPLICATIONS FOR WORK TO HERITAGE ITEMS 44 7.1 ASSESSING & DETERMINING APPLICATIONS UNDER THE HERITAGE ACT OR THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 44 7.2 REQUIREMENTS AND DOCUMENTS NEEDED FOR DETERMINING APPLICATIONS FOR WORK TO HERITAGE ITEMS 52 7.2.1 Integrated development applications made under the Environmental Planning and Assessment Act 52 7.2.2 Section 60 Applications made under the Heritage Act 52 7.2.3 Prescribed Applications 53 7.2.4. Restrictions on Approvals 54 7.2.5 Advertising a section 60 application under the Heritage Act 54 7.2.6 Who can lodge Applications? 54 7.2.7 Application Fees 54 7.2.8 Background Information required by Local Councils in order to Process an Application 55 7.2.9 The Documentation to be provided by an Applicant to support an Application 55 7.2.10 Statement of Heritage Impact 56 7.2.11 Archaeological Assessment Reports 57 7.2.12 Conservation Management Plans 59 7.3 REFERENCES 60 CONTENTS 8. APPENDICES 8.1 THE ARTICLES OF THE BURRA CHARTER 8.2 THE MODEL HERITAGE PROVISIONS FOR LOCAL ENVIRONMENTAL PLANS 8.3 THE MINISTERIAL CONSENT TO DELEGATIONS AND MINISTERIAL ORDER FOR AUTHORISATION 8.4 TEMPLATES 8.4.1 Interim Heritage Order 8.4.2 Determining applications under the Delegations 8.4.3 Advertisement for section 60 Applications 8.5 SECTION 60 APPLICATION FORM 8.6 ASSESSING HERITAGE SIGNIFICANCE 8.7 ARCHAEOLOGICAL ASSESSMENTS 8.8 MINIMUM STANDARDS OF MAINTENANCE AND REPAIR 8.9 STANDARD EXEMPTIONS GLOSSARY LIST OF TABLES PAGE TABLE 1 DOES A PROPOSAL "MATERIALLY AFFECT" THE SIGNIFICANCE OF AN ITEM? 28 39 TABLE 2 PREPARING A HERITAGE ASSESSMENT 47 TABLE 3 DOCUMENTATION AND TYPES OF HERITAGE ASSESSMENT REQUESTED 58 BY LOCAL COUNCILS 59 TABLE 4 PREPARING AN ARCHAEOLOGICAL ASSESSMENT TABLE 5 PREPARING A CONSERVATION MANAGEMENT PLAN FOREWORD Welcome to the Heritage Office’s new Local Government Heritage Guidelines. The Guidelines have been written in plain English, in a user-friendly format to assist local councils with heritage management. They explain in detail two initiatives: the delegation of certain approval functions of the Heritage Council of NSW to local councils and the authorisation for local councils to make Interim Heritage Orders. The delegations will further streamline the approvals system for those items listed on the State Heritage Register, consistent with the review of Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The authorisation to make Interim Heritage Orders will support the powers of local councils to manage local heritage. Local government has played a pivotal role in heritage management in New South Wales since 1985 when it was given responsibility for protecting local heritage through the local environmental planning process, under the EP&A Act. Today, local government fulfils its role largely through environmental planning instruments such as regional and local environmental plans. The NSW Heritage Office has provided various forms of assistance to local government in the last few years to help it with its heritage responsibilities. It established the Local Government Heritage Advisors Network and provides training to Heritage Advisors. More recently, the Heritage Office released the model heritage provisions for local environmental plans. The delegation of approval functions, the authorisation to make Interim Heritage Orders, and the Local Government Heritage Guidelines reflect the Government’s ongoing willingness to identify, and then provide local government with the resources it needs to better manage local heritage. The Heritage Office has a liaison officer who can assist your council with the implementation of these new powers. If you would like to discuss any issues relating to heritage management or the implementation of the new powers please contact the Heritage Office on 02 9635 6155 and ask to speak to your liaison officer. We welcome any comments the community, local government and heritage practitioners may have on the Local Government Heritage Guidelines. Please email these to Alice Brandjes at [email protected] Rosalind Strong Director NSW Heritage Office March 2002 HERITAGE GUIDELINES 1 1. INTRODUCTION This section provides the context for the management. The responsibility for identifying, conservation of environmental heritage in New assessing and managing items of local South Wales, outlines the New South Wales significance rests with local government. heritage management system, explains the The NSW Heritage Office focuses on items purpose of the Local Government Heritage of State significance and the State Heritage Guidelines and provides advice about how to Register. This means responsibility for heritage make the best use of the Guidelines. management in New South Wales is shared between local government, the Heritage Council 1.1 HERITAGE MANAGEMENT IN of NSW and the NSW Heritage Office. NEW SOUTH WALES 1.2 THE NSW HERITAGE MANAGEMENT In 1977 the NSW Government introduced the SYSTEM Heritage Act in response to increasing community concern about the loss of the The NSW heritage management system adopts environmental heritage of the State, particularly a three-step process for investigating, in localities such as The Rocks, Woolloomooloo assessing and managing heritage resources, and Kings Cross, and in towns such as as follows: Morpeth in the Hunter.
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