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Legislative Assembly for the ACT: 2002 Week 10 Hansard (29 August) . . Page.. 3049 ..

MR STANHOPE (continuing):

maintaining heritage values. These guidelines can be more readily updated in line with community and expert opinion and will be publicly notified.

The best aspects of the current regime for conserving heritage are to be retained, notably close integration with the planning and development approval process, and single-point public interaction for development applications through Planning and Land Management. Provisions maintaining this close integration are contained in the consequential amendments to the land act included in this bill.

Members will recall that the Planning and Land Bill was presented earlier this year. Two further bills reforming planning arrangements in the territory are to be presented to the Assembly later this year. It will be necessary to revisit some of the details in this exposure draft bill in light of those planning bills, to ensure that close linkages between the heritage and planning systems are maintained. I do not expect that any of these changes will involve any point of principle, however.

It is the government's intention that the statutory referral of development applications from the Planning Authority to the Heritage Council be retained through a notification process. The Heritage Council will provide advice on conservation measures for registered places where required, with the option of planning authorities sourcing their own heritage advice on less complex matters. These arrangements will be set out in a protocol between the Heritage Council and the Planning Authority.

Ultimately, for any development affecting a heritage place or object, the onus will be on the decision-maker to minimise the impact on heritage values, taking into account any conservation requirements or published guidelines.

The bill proposes new controls that will allow for strong protection and maintenance of heritage places and objects. The range of measures available for enforcement will be significantly improved. The heritage offences and penalties will be similar to those set out in the Environment Protection Act 1997.

The bill provides for the minister to intervene in a timely and effective way and make orders to protect heritage values on both registered and unregistered places.

Incentives will be provided for owners and/or managers of heritage places and objects through provision for heritage agreements. Heritage agreements may be used to provide financial and other assistance, in return for enhanced conservation outcomes.

The ACT government will lead by example by protecting and managing its own heritage assets in line with best practice. The proposed bill places obligations on government agencies to identify and assess their properties and objects, and those that meet the criteria will be entered on the register. Heritage properties and objects will be managed through appropriate mechanisms such as conservation plans.

In summary, the new heritage system proposed in the bill is more akin to modern heritage systems in other states and territories. It is simple, efficient and responsive to community views. At the same time, it draws on the expertise of the Heritage Council and is closely integrated with planning processes.

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