Page 377 - Week 02 - Tuesday, 18 February 2020
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Heritage compliance is the responsibility of all businesses, organisations, governments and individuals. Everyone has obligations under the law and a duty of care to protect heritage places and objects to ensure that current and future generations have the opportunity to experience them. The new laws will apply to an owner occupier and the 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 impact or costs on the community and will not affect most heritage owners, the vast majority of whom manage heritage assets under their care appropriately.
A repair damage direction is a common regulatory provision under heritage legislation in all Australian jurisdictions. Additionally, similar provisions—such as stop orders and 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.
As with any regulatory regime, the optimal outcome for the protection of heritage places and objects is voluntary compliance. Education has a key role to play in maximising compliance. Heritage compliance policy will be released in due course after the new laws are made to guide the Heritage Council and compliance officers on which compliance tool they should use—a direction, an infringement notice and/or prosecution—or whether to use more than one. Current options for prosecution for serious damage will remain. The policy will be based on the best practice of other jurisdictions and other ACT government compliance and enforcement policies.
The heritage compliance policy will apply a risk-based compliance approach to enable the targeting of resources to those areas where they are most needed and will be most effective. This policy will explain how the heritage compliance priorities are set. It will also guide the decision-making process so that decisions are legally robust, credible and consistent. The policy aims to encourage owners and managers of heritage places and objects to comply with the Heritage Act. In summary, this bill provides a good step forward in protecting the ACT’s heritage for generations to come. The ACT is likely to undergo significant growth and development in future years. It is critical that this takes account of our significant places and objects, and that these places and objects are incorporated in development opportunities in sensitive, meaningful and creative ways.
Canberra is strengthening its international reputation as the hub for knowledge creation and policy innovation, as an attractive tourist destination nationally and internationally, and as a forward-looking, progressive and socially inclusive city. The ACT government is focused on ensuring that our policy framework is geared towards driving and supporting these changes. I am pleased to support the Heritage Amendment Bill 2019. Thank you.
MS LE COUTEUR (Murrumbidgee) (10.27): As will surprise no-one, the Greens are supporting this bill. Total destruction of heritage is very rare in Canberra, but it can have a significant impact on the community when it occurs—possibly more so in
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