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Apply for an exclusion determination

Exclusion determinations are granted for a period of five years.

Apply for a an exclusion

When to apply for an exclusion determination

If you’re a State Government authority undertaking a major development and your heritage professional has assessed a place or object not to be of state level heritage significance.

Who can apply

Exclusion applications can only be made by State Government authorities in relation to projects costing at least five million dollars.

These State Government authorities are defined as any of the following:

  • Government asset manager within the meaning of section 3 of the Heritage Act 2017
  • Department head within the meaning of section 4(1) of the Public Administration Act 2004
  • Public authority within the meaning of section 3 of the Heritage Act 2017
  • Administrative office head within the meaning of section 4(1) of the Public Administration Act 2004.

Who can prepare an application

Exclusion applications must be prepared by suitably qualified heritage professionals and must include a thorough assessment, including why the place or object does not meet the assessment criteria of the Heritage Council. Any application not meeting this standard will not be accepted.

Fees and fee waivers

  • Exclusion applications must be accompanied by the relevant fee.
  • Applicants are not eligible for fee waivers or exemptions for this application.

What happens when an exclusion determination is made

We assess whether the place or object has no reasonable prospect of inclusion in the register on the basis of the information provided in the application.

If we decide to make the exclusion determination, we will not be able to accept a nomination for that place or object for five years unless significant new information is provided in the nomination.

When an exclusion request is refused

If we refuse to make an exclusion determination, it automatically becomes an accepted nomination for that place or object and will be treated as any other nomination, including whether it needs to be prioritised for assessment.

Page last updated: 27/03/24