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HISTORIC CULTURAL HERITAGE AMENDMENT BILL 2019 BILL 31 OF 2019

                                          FACT SHEET

                        Historic Cultural Heritage Amendment Bill 2019

The principal aim of this Bill is to further integrate the historic heritage and planning legislation,
building on amendments made to the Historic Cultural Heritage Act 1995 in 2014 which integrated
the heritage and planning legislation; reduced duplication of effort; and created a single application
and decision for works on places in the Heritage Register.

This Bill will ensure the Historic Cultural Heritage Act 1995 (the Heritage Act) is able to: deal with
combined permit applications; recognise the interplay between the Land Use Planning and
Approvals Act 1993 and Environmental Management and Pollution Control Act 1994; and enhance
the governance arrangements of the Heritage Council.

In summary, the Bill:

   provides that if any Act, including the Environmental Management and Pollution Control Act
    1994, affects the assessment period under the Land Use Planning and Approvals Act 1993,
    the ‘prescribed period’, contained in Part 6 of the Heritage Act, is similarly affected;

   ensures any additional information, revised plans or amended permits relating to a
    development application are to be forwarded to the Heritage Council for consideration;

   provides that, in the event that additional information or revised plans are forwarded to the
    Heritage Council following its notification of interest or notice of decision and that
    information reflects a substantial change in the proposed development, the Heritage Council
    may revise its notice of interest or notice of decision;

   provides that in the event that a planning authority fails to forward a development application
    to the Heritage Council, the Heritage Council is provided the opportunity and time to
    consider and, should it deem necessary, provide comment on, the development application
    prior to a final decision of the planning authority;

   allows the Heritage Council to be party to the assessment of a combined planning and
    development application under LUPAA;

   introduces and defines the role of authorised officers to investigate compliance with, or
    enforcement of, works under the Heritage Act, akin to provisions within LUPAA or the Local
    Government Act 1993; and

   addresses minor matters requested by the Heritage Council including: a) the ability to
    appoint a deputy chairperson; b) introducing flexibility in meeting formats; and c) broadening
    disclosure of interest provisions to ensure both pecuniary and non-pecuniary, as well as real
    and perceived interests, are disclosed.




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