Heritage Act Review 2015

Heritage Act 2017

1 November 2017: Heritage Act 2017 will commence operation.

Heritage Bill 2016

8 November 2016: the Heritage Bill 2016 was introduced to the Legislative Assembly of the Victorian Parliament.

24 November 2016: the Bill was debated and passed in the Legislative Assembly.

9 March 2017: the Bill was passed by the Legislative Council without amendment.

15 March 2017: Bill received Royal Assent.

Submission review

All submissions were reviewed and guided the development of the Heritage Bill 2016.

Public consultation

June - August 2015: the public was invited to respond to the Discussion Paper. More than 120 submissions and responses to an online survey were received, see Submissions below.

The Summary Report (PDF, 3.6 MB) provides an overview of all submissions.

Discussion Paper

22 June 2015: a Discussion Paper was released reviewing the Heritage Act 1995.

Review of the Heritage Act 1995 Discussion Paper (PDF, 2.9 MB)
Review of the Heritage Act 1995 Discussion Paper (DOC, 1.6 MB)

Submissions

Submissions to Heritage Victoria from the public consultation period:

  • submissions are only included in the list if the submitter agreed to publication
  • submission categories may have changed
  • some submissions have had information removed to protect the privacy of individuals and organisations.

Heritage Act changes 2008

Amendments to the Victorian Heritage Act 1995 took effect on 1 December 2008.

The Victorian Parliament approved the changes to make the Act more efficient and effective - Heritage Act changes (PDF, 409.1 KB)

Only one hearing is required on any one nomination to the Victorian Heritage Register.

Provisional determination was removed to eliminate the chance of a second hearing being required.

For most nominations there was no change in the process

Certificates are available to clarify if a property is included in the World Heritage Environs Area.

In 2004 the Royal Exhibition Building and the Carlton Gardens were added to the World Heritage List. The Planning Minister declared a World Heritage Environs Area around the perimeter of the site in 2007 and properties within the Area are subject to special legislation. The certificate will explain if your property is affected.

A new offence - non-compliance with a heritage permit – was introduced to rectify a weakness in permit enforcement provisions.

Permits issued by the Executive Director of Heritage Victoria usually have conditions to make sure approved works don’t compromise a place or object, eg:

  • protecting significant trees and buildings during construction
  • completing conservation works
  • implementing an interpretation plan as part of the development.

Non-compliance with a heritage permit is a summary offence and has penalties for individuals and/or a body corporates. The Executive Director can also require financial security to ensure compliance with the condition of a heritage permit.