Page 4314 - Week 12 - Thursday, 24 October 2019
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Currently, heritage directions can only be issued for places “at serious and imminent threat” which does not generally allow for “repair” directions to be issued after damage to a heritage place has occurred, such as in the case of unapproved works. Additionally, heritage directions are unable to be used for minor to moderate offences due to the threshold wording of “serious”.
Due to the current limitations in issuing heritage directions, offences cannot be dealt with simply. There is no mechanism to direct that the damage be repaired and instead the offence must be prosecuted through the courts. As you can see, Madam Assistant Speaker, new processes are urgently needed to cut red tape and to give the Heritage Council more flexibility in dealing with problems, thus allowing quicker, more appropriate outcomes.
The bill will also bring the ACT into line with other jurisdictions where repair damage directions are a common regulatory feature. Once heritage places are lost, they, and all they represent, are permanently lost to future generations. To help protect heritage places and objects, the Heritage Act establishes a number of offences. This legislative protection both penalises those who breach the act and aims to provide an essential deterrent to anyone wanting to damage the ACT’s heritage.
However, in the past people have got away with minor damage because we have only had the big stick of prosecution, which is a costly, drawn out and inflexible way to deal with small issues. Limitations in the legislation have meant that the Heritage Council has not been able to insist on repairs. These amendments will let us take immediate action when a heritage place or object is damaged and, because we can deal with matters quickly and issue on-the-spot fines, should discourage people from committing an offence in the first place.
The increased enforcement tools and options will better protect the ACT’s heritage, influence the attitude and behaviour of persons whose actions may have adverse heritage impacts, and deter others from committing similar breaches into the future. The new laws will apply to anyone who causes damage to a heritage place or object. This may include an owner, occupier, custodian of an object, or a person whose work affects the place or object, such as a tradesperson.
The laws apply to both government and private owners and occupiers. The proposed amendments do not impose appreciable regulatory impacts or costs on the community and will not affect most heritage owners, the vast majority of whom appropriately manage heritage assets under the act.
Repair damage directions are a common regulatory provision under heritage legislation in all Australian jurisdictions. Additionally, similar provisions such as stop orders, protect, repair and rectification directions and orders are common under other similar ACT legislation such as the Planning and Development Act 2007, the Building Act 2004, the Nature Conservation Act 2014, the Environment Protection Act 1997 and the Tree Protection Act 2005.
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