Queensland Heritage Act 1992
The Queensland Heritage Act 1992 is the primary legislation by which Queensland’s historic heritage places are identified and protected, creating an environment for growing recognition of the State’s cultural heritage. The Act is administered by the Department of Environment and Science (DES) and the Queensland Heritage Council, an independent statutory body. The Heritage Council has responsibility for deciding which places are entered in, or removed from, the state’s Heritage Register, providing advice to the government about cultural heritage matters and assessing applications for development of state-owned heritage places.
Amendments to the Queensland Heritage Act 1992 introduced in September 2015, along with a new Heritage Regulation changed the focus on reducing regulatory burden while ensuring protections for Queensland’s heritage places. The 2015 amendments emphasised the important role played by local government in heritage protection and reinforced the strategic role of the Queensland Heritage Council.
Subsequently, Heritage Register processes were streamlined. Excluded place provisions replaced the out-dated Certificate of Immunity provisions; the scope of Exemption Certificates was expanded to reduce the regulatory burden for owners when they undertake low-impact work on a heritage place; Essential Repair and Maintenance provisions were strengthened to better target wilful neglect; and the orders available to the court in penalising those convicted of certain offences under the Heritage Act were expanded. A requirement was also introduced requiring underwater cultural heritage artefacts (including ship and aircraft wrecks lost in Queensland waters, rivers and bays for at least 75 years) to be reported and protecting these discoveries from interference without consent.
Local governments’ vital role in protecting local heritage places was emphasised and updated along with Exemption Certificate, Essential Repair and Maintenance and Heritage Agreement powers for local heritage places. In 2019 the Brisbane City Council was prescribed under Queensland Heritage Act 1992 to issue essential repair and maintenance notices of local heritage places.
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