Page 3609 - Week 10 - Thursday, 19 September 2019
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Knowing our region’s history and the role it has played in shaping our present community makes it important to preserve heritage places and objects for current and future generations. The Canberra community recognises this and is passionate about our shared heritage. We have answered their call for more effective ways to deal with breaches of the Heritage Act and damage to heritage places and objects. In the past people have got away with damage because we have only had the big stick of prosecution, which, as we have seen, is not effective when damage is accidental. Limitations in the legislation have meant the Heritage Council has not been able to insist on repairs.
These amendments will let us take immediate action where a heritage place or object is damaged, and because we can deal with matters quickly and issue on-the-spot fines they should discourage people from committing an offence in the first place. The amendments will also give the Heritage Council the authority to issue a direction where there is an imminent threat to the heritage significance of a place or object. Heritage directions may include orders to carry out essential maintenance on a place, avoid adverse effects on a significant feature of a heritage place, and not undertake a development affecting the heritage significance of a place.
A new compliance policy will be released once the amended legislation has passed to guide the Heritage Council and compliance officers when to use which compliance tools, such as a direction, an infringement notice or prosecution. They will be able to both fine offenders and issue them with a direction to repair. Current options for prosecution will remain for serious damage.
The new processes will cut red tape and give the Heritage Council more flexibility in dealing with problems, allowing quicker, more appropriate outcomes. They will also bring the ACT into line with other jurisdictions. Given the shared disappointment expressed by my fellow MLAs at the recent budget estimate hearings, I look forward to their support when the proposed amendments are tabled and debated.
These changes will lead to positive heritage outcomes and have no significant financial impact to the territory. They are in direct response to concerns raised by you, Madam Speaker, and the community.
I present a copy of the statement:
Scar trees—Ministerial statement, 19 September 2019.
I move:
That the Assembly take note of the paper.
MS LE COUTEUR (Murrumbidgee) (10.20): I thank the minister for his update. As he noted, this is a result of discussion in the recent estimates process. It is a pity it has taken so long and that it took estimates to get the government to publicly comment on this and take it seriously. While trees can be a renewable resource, given current society and lifestyles in Canberra, scar trees are not a renewable resource. They are
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