Property
>> Heritage Buildings

Contents

• Introduction
• Heritage Act 1977
• Interim heritage orders
• Listing on the State Heritage Register
• Effect of interim heritage orders and listing on the State Heritage Register
• Minimum standards for protection of items listed on the State Heritage Register
• Other forms of heritage listing
• Heritage Building Works
• Financial assistance for maintaining heritage buildings
• References and further reading

Introduction

Heritage issues are becoming increasingly important factors in decisions about the alteration, maintenance and repair of buildings owned by the Church. Many of the Church's buildings are of historical significance and are subject to protection under legislation for the preservation of heritage. Care must be taken to ensure that the requirements of such legislation are satisfied because substantial penalties can be imposed for non-compliance.

Heritage Act 1977

The main legislation applying in New South Wales is the Heritage Act 1977. This Act protects places, buildings, works, relics, moveable objects or precincts ("heritage items") against damage and demolition by enabling one or both of the following actions to be taken in relation to an item of State or local heritage significance -

(a) the making of an interim heritage order,

(b) listing on the State Heritage Register kept by the Heritage Council of New South Wales.

A heritage item is of State heritage significance if it is of significance to the State having regard to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item. Similarly, a heritage item will be of local heritage significance if it is of significance to the area having regard to the historical, scientific, cultural etc value of the item.

The making of an interim heritage order or the listing of an item on the State Heritage Register imposes restrictions on the type of work which can be undertaken in respect of the heritage item. Those restrictions are referred to in a later section.

The owners of items listed on the State Heritage Register are required to maintain the item to prescribed minimum standards of maintenance and repair. These standards are referred to in a later section.

To find out if a parish building or other property is the subject of an interim heritage order or is listed on the State Heritage Register search the NSW State Heritage Office databases.


Interim heritage orders

An interim heritage order may be made if the Minister of the Crown responsible for administering the Act or, by delegation, a local municipal council, considers that, following further enquiry or investigation, a heritage item may be of State or local heritage significance.

Prior notice of the making of an interim heritage order need not be given to the owner of the heritage item or to any other person who may be affected by the making of the order. However, the owner of the heritage item must be given notice of the making of an order as soon as possible after the order is made, and be provided with a statement of the reasons for the order. If the order is made by a local municipal council, the owner can appeal to the Land and Environment Court within 28 days of the order taking effect.

An interim heritage order takes effect on the date of publication of the order and remains in force for 12 months, or such shorter period as may be specified in the order, unless it is revoked sooner.

Usually, the making of an interim heritage order subsequently results in the listing of the heritage item on the State Heritage Register.

If parish authorities receive notification that an interim heritage order has been made in respect of a parish building or other property they are required to contact the Property Trust immediately on 9265 1578.

All items which were previously the subject of a permanent conservation order made under the Act have automatically been listed on the State Heritage Register. Otherwise, a heritage item can be listed on the State Heritage Register at the direction of the Minister of the Crown responsible for administering the Act if -

(a) the Minister of the Crown considers the item to be of State heritage significance, and

(b) the Heritage Council recommends the listing.

Before the Heritage Council can recommend that a heritage item be listed on the State Heritage Register it must give the owner of the property, and each affected occupier of the property, a notice of intention to consider listing. The notice is also to be published in a newspaper circulating in the area in which the heritage item is situated. The notices must invite submissions about the intention to list and any submissions received by the Heritage Council must be considered when determining whether it will recommend the listing of the heritage item.

Once listed, a heritage item may only be removed from the State Heritage Register at the direction of the Minister if the Heritage Council recommends the making of the direction. In practice, once listed, it is unlikely that a heritage item would be removed from the State Heritage Register.

If parish authorities receive a notice of intention to consider listing a parish building or other item they are required to contact the Property Trust as legal owner of the property immediately.


Effect of interim heritage orders and listing on State Heritage Register

If a heritage item is the subject of an interim heritage order or is listed on the State Heritage Register, the Act prevents a person from undertaking any of the following works in relation to the heritage item, unless the necessary approval has been obtained -

(a) demolishing the item,

(b) damaging or despoiling the item,

(c) moving, damaging or destroying the item,

(d) excavating any land for the purpose of exposing or moving the item,

(e) carrying out any development in relation to the land on which the item is situated,

(f) altering the item,

(g) displaying any notice or advertisement on or in the item,

(h) damaging or destroying any tree or other vegetation on or remove any tree or other vegetation from the item (if a place, precinct or land).

In the case of an interim heritage order made by the Minister, or where the heritage item is listed on the State Heritage Register, the necessary approval must be obtained from the Heritage Council. Otherwise, the approval must be obtained from the local municipal council.

Application forms for approval to undertake work on a heritage item are available from the Heritage Council. The forms must be sent to the Property Trust for its approval and signature before being submitted the Heritage Council.

A person who undertakes work in respect of a heritage item without the necessary approval is guilty of an offence punishable by a fine or imprisonment or both.

Minimum standards for the protection of items listed on the State Heritage Register

Following amendments to the Act in 1998, minimum standards now exist for the protection of heritage items listed on the State Heritage Register.

If a listed heritage item is not protected in accordance with those standards, the Heritage Council may issue an order requiring that the owner do, or refrain from doing, such things as are required to ensure that the standards are met. Failure to comply with such an order is an offence punishable by a fine or imprisonment or both.

In addition, the Heritage Council may carry out any work required to be undertaken and recover its costs and expenses from the owner of the land.

The minimum standards for the protection of listed heritage items are set out in part 3 of the Heritage Regulation 1999 and apply to -

• periodic inspection of heritage items
• weather protection
• fire protection
• additional fire protection for unoccupied buildings
• security
• additional security measures for unoccupied buildings
• essential maintenance and repair.

The Property Trust annually surveys wardens who have responsibility for items listed on the State Heritage Register to ensure compliance with the minimum standards.


Other forms of heritage listing

There are other forms of heritage listing, apart from listing on the State Heritage Register.

Under the Environmental Planning and Assessment Act 1979, most local municipal councils have now prepared Local Environment Plans which contain heritage schedules. If an item is listed on a heritage schedule, heritage matters will be considered when the council considers any application for permission to demolish or alter a building or its usage.

If parish authorities receive notification that a building is to be listed in a heritage schedule under a Local Environment Plan, they are required to contact the Property Trust immediately.

Some community groups, professional bodies and other government bodies also compile lists of heritage items. These lists have no legal standing but play an important role in alerting the Heritage Council and local municipal councils to the potential heritage value of an item. In New South Wales such lists include the National Trust register, the Register of the National Estate and the register complied by the Royal Australian Institute of Architects.

Heritage Building Works

Before embarking on a heritage building program, the parish needs to consider the special ongoing issues regarding the management of a heritage listed building.  Whether a heritage building and/or item is listed on the NSW State Heritage Register or on a Local Council Environmental Plan, parishes need to consider the legal and practical implications of any proposed building works for both the parish and the Property Trust.

Diocesan representatives are available to discuss parish heritage building proposals -

James Cartwright
Manager, Property Trust
jac@sydney.anglican.asn.au
Telephone:  9265 1561

For further information, please check our Building Works Kit.

Financial assistance for maintaining heritage buildings

Assistance from the Commonwealth and State Governments and local municipal councils maybe available for the funding of preservation and restoration work on heritage items. The Heritage Council can provide further information. A good starting point is the NSW Heritage Office's publication List of Advisory, Funding and Incentive Services for Heritage Projects in NSW as at 1 February 2001. The Property Trust as legal owner of the property will need to consent to all funding applications and is able to assist parishes with the preparation of funding applications. For further information please contact the Property Trust Manager for your region.

References and further reading

Heritage Act 1977 (NSW) - Parts 1, 3, 3A, 4, 6 and 7
Heritage Regulation 1999 - Part 3
NSW Heritage Council "Church Buildings: Guidelines for their care and conservation" (order form for publication)
NSW Heritage Office Frequently Asked Questions
NSW Heritage Office Publications
NSW Heritage Office Funding Projects

The contents of this document are for general information only. No person should rely on the contents of this document without first obtaining advice from a qualified professional person. Neither the Anglican Church Diocese of Sydney nor any organisation thereof is responsible for the results of any action taken on the basis of the contents of this document, nor for any error in or omission from this document.

Current as at 23 March 2010