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Queensland Heritage Act 1992 – 1 September 2015

Queensland Heritage Regulation 2015 – 1 September 2015

Quick to view summary

The government must keep a register called the Queensland Heritage Register. The register must include a record of the following: State heritage places and protected areas. A person may apply in the approved form to have a place entered in the Queensland Heritage Register as a State heritage place. When a place is entered on the register, additional assessment is required for development applications. There may also be a local heritage register in existence for a local government area. Where a place is entered on a local heritage register, the code in Schedule 2 of the Regulation applies to development applications. If a place is included on a local heritage register, the owner is entitled to claim compensation under the Sustainable Planning Act 2009.

  •  Sections 31, 32, 33, 35, 36, 36A, 56B, 68, 71A, 72, 75, 112, 113, 114, 121, 124; Regulation 7, Schedules 1 and 2 of the Regulation

A heritage agreement generally attaches to the land the subject of the agreement and is binding on future owners/ occupiers.

  • Sections 80, 81, 82, 174

An owner of a heritage place may be required by the government to carry out essential repair or maintenance work.

  • Section 84

A person who discovers an archaeological artefact (or underwater cultural heritage artefact) must give notice of the find to the government.

  • Sections 4, 89, Schedule

A person may recommend to the Minister that an area containing a place of cultural heritage significance be declared by regulation to be a protected area. Existing protected areas are contained in Schedule 1AA of the Regulation.

  • Section 103; Regulations 5, 6, Schedule 1AA of the Regulation

The owner of a Queensland heritage place convicted of an offence involving destruction or damage of the place, may face a court order prohibiting the carrying out of development on the place for a period of up to 10 years. The order attaches to the land and binds the owner, successive owner’s and any occupier of the land.

  • Section 164C
Reason for law

To provide for the conservation of Queensland’s cultural heritage for the benefit of the community and future generations. (Section 2)

Relevant links

Queensland Heritage Council

Queensland Heritage Register

Adding/removing a place in the Queensland Heritage Register [Department of Environment and Heritage Protection]

Heritage Development [Department of Environment and Heritage Protection]

Archaeology [Department of Environment and Heritage Protection]

Heritage [Forms] and Publications

Property (lot on plan) Searches – Certificate of Affect (Queensland Heritage Register)

Brisbane City Council Heritage Register

(your local government website may contain a local heritage register)

UNESCO

Global Heritage Fund

Media articles

Imitation game: how copies can solve our cultural heritage crises

Reinventing heritage buildings isn’t new at all – the ancients did it too

Critique

It is not clear whether a section 170 non-development order would display on a title search. It would be unfair if a new owner was bound by an order that could not  be discovered by routine searches. Section 174 could be amended to bring clarity to this situation.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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