Page 1197 - Week 05 - Tuesday, 24 April 1990

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heritage protection and conservation is shared between the Government and the community.

The Government's legislation will provide a legal and administrative framework which can act as a stimulus for the community to act responsibly towards its heritage. The cooperation and participation of the community will be essential for effective heritage protection and conservation.

We have developed a process which I believe will provide the maximum opportunity for community input to decisions about our heritage. To take up a point that Mr Wood made, of course our heritage legislation does not talk about standards because you cannot legislate for heritage. We cannot legislate for what standard will be applied in order to create today's heritage for tomorrow. That can only be done by the community. It cannot be legislated for and it is simply not appropriate to attempt to create something for tomorrow in heritage legislation. I think that legislation has a place, but it is the community that lives here that has to create the heritage for tomorrow.

The processes provided by our legislation will allow for any site or object to be nominated for inclusion on the appropriate register. Proposals will then be notified for public comment and, where the heritage council believes that the place or object has sufficient significance to warrant its inclusion on a heritage register, it will be included on an interim register while the public discussion goes on. The protections available under the legislation will apply from that point.

People affected by the inclusion of their property on an interim register will be able to appeal to the Administrative Appeals Tribunal against this decision if it in any way inhibits their freedom and their right to do with their property as they wish. Following finalisation of any appeals, the heritage places register will be included in the Territory plan. The heritage objects register will be approved by the appropriate Minister and gazetted.

The Land Use (Inquiries and Environmental Assessments) Bill will also provide for inquiries to assess the effect of particular proposals on heritage values at the same time as the environmental, social and economic factors are addressed. The Government is well aware of the need to balance heritage values and other public interests, and this is why the Planning and Heritage Bills include provisions for trade-offs between heritage and other interests. It is particularly important that these trade-offs are explicit and that the community understands the process. Ultimately it will be up to us, as members of the Assembly, to resolve these cases in approving or modifying the Territory plan, and that is as it should be. As elected representatives, we are the people who can best resolve competing claims between various community


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