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Media Release - Minister's Office Sydney: 19 July 2007 PLANNING REFORMS TO INCLUDE REVIEW OF HERITAGE ACT State Plan Priority P3: Cutting red tape
The NSW Government today announced an independent review of the State’s heritage legislation – as a key feature of its planning reform agenda.
Planning Minister Frank Sartor said it was an appropriate time to review the Heritage Act which has been in place for three decades.
The Minister said he had appointed a panel of experts, to be chaired by former Department of Planning Director-General and current Liverpool City Council Administrator Gabrielle Kibble, who brings both planning and heritage experience to the role.
NSW Heritage Council Chair Michael Collins and lawyer John Whitehouse, the key architect of the Act, will also sit on the panel.
“We want to protect our heritage values without an unnecessary regulatory burden – it’s about striking a balance,” Mr Sartor said.
“We’re already reviewing planning laws and discussing ways to make the planning system more efficient.
“It’s appropriate that we review heritage laws at the same time, given the synergies between planning and heritage.
“It’s also a timely review, following the 2005 Productivity Commission Report on duplications between State and Commonwealth heritage laws.
“The Federal Government has been taking an increasingly active role in heritage issues and there is growing overlap between the jurisdictions.”
The Minister said the existing Heritage Act had protected many “wonderful” buildings across the State.
More than 1,500 items have been listed on the State Heritage Register in NSW and 79 Interim Heritage Orders have been issued.
“We are taking the opportunity, in the 30th year of the Act, to ensure it is working effectively and its processes are still sound,” Mr Sartor said.
The Minister has asked the panel to prepare a draft discussion paper in the next few months which will be released for public comment.
Heritage Act Review – Terms of Reference
Undertake a review of the Heritage Act and its operations and make recommendations to reform and update administrative and legislative provisions.
The review should particularly focus on [but not limited to] the following:
1. Duplicative and overlapping provisions with other legislation [including at the national level]
2. Strengthening the integration of heritage provisions with the Environmental Planning and Assessment Act [both at the plan making and development control levels]
3. State heritage provisions and practice, including but not limited to:
(a) improvements that can be made to the listing process; (b) alternatives to the listing process [eg heritage agreements]; (c) the public benefit of outcomes; (d) the test for achieving State heritage status; (e) the role of the property owner or stakeholders and appeal rights; (f) the approval process for alterations to items on the SHR, including the rights of property owners and stakeholders; and (g) resource and time efficiency.
4. The functions and constitution of the Heritage Council
5. Consideration of local heritage processes and whether they warrant improvement
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