State development assessment provisions version 1.4

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Module 9.
Queensland heritage
9.1
Queensland heritage place state code
9.1.1
Purpose
The purpose of this code is to ensure that development of State heritage places and archaeological places is
compatible with the long-term conservation of these places.
The Queensland heritage register contains detailed information for every place which is entered into the register. The
information includes the history of the place, and for State heritage places, a statement about the cultural heritage
significance of the place (section 31 of the Queensland Heritage Act 1992). A place may be entered in the register as a
State heritage place if it satisfies one or more of the criteria in section 35 of the Queensland Heritage Act 1992, as
follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
is important in demonstrating the evolution or pattern of Queensland’s history
demonstrates rare, uncommon or endangered aspects of Queensland’s cultural heritage
has potential to yield information that will contribute to an understanding of Queensland’s history
is important in demonstrating the principal characteristics of a particular class of cultural places
is important because of its aesthetic significance
is important in demonstrating a high degree of creative or technical achievement at a particular period
has a strong or special association with a particular community or cultural group for social, cultural or spiritual
reasons
(8) has a special association with the life or work of a particular person, group or organisation of importance in
Queensland’s history.
For archaeological places, the Queensland heritage register entry provides a statement about the place related to the
archaeological criteria, which includes the potential of the place to contain an archaeological artefact that is an
important source of information about Queensland’s history.
The Queensland heritage register entry, statement of significance and statement about the archaeological criteria for
an archaeological place should be considered when assessing development on a State heritage place or
archaeological place.
9.1.2
Criteria for assessment
Development mentioned in column 1 below must be assessed against the assessment criteria in the table mentioned
in column 2.
Column 1
All development
Column 2
Table 9.1.1
Editor’s note: For Queensland heritage places, building work is defined in the Sustainable Planning Act 2009 section 10 to include relatively minor
work, such as:
(1)
(2)
(3)
(4)
altering, repairing, maintaining or moving a built, natural or landscape feature
excavating, filling or other disturbances to land that may damage, expose or move archaeological artefacts
altering, repairing or removing artefacts that contribute to the place’s cultural heritage significance, including, for example, furniture or
fittings
altering, repairing or removing building finishes that contribute to the place’s cultural heritage significance, including, for example, paint,
wallpaper or plaster.
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Table 9.1.1: All development
Performance outcomes
Acceptable outcomes
State heritage place
PO1 Development does not destroy or
substantially reduce the cultural heritage
significance of a State heritage place unless
there is no prudent and feasible alternative to
carrying out the development.
AO1.1 The features, fabric, contents, archaeological potential and setting of
the place, which contribute to cultural heritage significance, are conserved
and new fabric or uses are only introduced if they maintain or enhance
cultural heritage significance.
Editor’s note:
(1) Advice about how to meet this acceptable outcome is available in Guideline:
Developing heritage places – Using the development criteria, Department of
Environment and Heritage Protection 2013.
(2) It is recommended that a heritage impact statement be prepared in accordance
with Guideline: Preparing a heritage impact statement, Department of
Environment and Heritage Protection, 2013 to demonstrate compliance with this
acceptable outcome.
(3) A conservation management plan may be required for some applications. Refer to
Guideline: Conservation management plans, Department of Environment and
Heritage Protection, 2013.
OR
AO1.2 Development destroys or substantially reduces cultural heritage
significance only if there is no prudent and feasible alternative. An alternative
will not be prudent or feasible if it involves:
(1) an extraordinary or unacceptable economic cost to the state, the
community, a section of the community or an individual, or
(2) an extraordinary or unacceptable environmental or social disadvantage,
or
(3) technical impractibility, or
(4) risk to public health or safety, or
(5) other unusual or unique circumstances.
Editor’s note: It is recommended that the application present sufficient alternative
options to demonstrate there is no prudent and feasible alternative. The alternatives
should include:
(1) the option of not proceeding with the development
(2) the optimum development that would result in the minimum impact on cultural
heritage
(3) the whole of the proposed development, not just the part occurring on the place
(4) options outside the confines of the proposed development
(5) sale, lease or other form of disposal of all or part of the property if this may favour
or aid conservation.
Further guidance is available in Guideline: No prudent and feasible alternative,
Department of Environment and Heritage Protection, 2013.
Editor’s note: A pre-lodgement meeting is recommended to discuss the likely impact of
the development proposal early in the process.
Editor’s note: Public engagement should be undertaken, including:
(1) a process and timetable for dialogue about the proposed development with
people and organisations having an interest in the heritage values of the place
(2) identifying the relevant people and organisations, informing them about the
development proposal, and offering to engage them in the discussion
(3) sharing information and engaging in dialogue aimed at reaching a shared position
(4) documenting the engagement process and recording community comment (to be
included with the application).
Archaeological place
PO2 Development does not have a detrimental
impact on any archaeological artefact on an
archaeological place.
AO2.1 There is no potential for the development to have a detrimental impact
on any archaeological artefact on the archaeological place.
OR
AO2.2 Development on the archaeological place provides for appropriate
management of the archaeological artefacts in accordance with the results of
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Performance outcomes
Acceptable outcomes
an archaeological investigation.
Editor’s note: Further guidance is available in the Guideline: Archaeological
investigations, Department of Environment and Heritage Protection, 2013.
9.2
Reference documents
Australian National Committee of the International Council on Monuments and Sites:
-
The Burra Charter: The Australia ICOMOS Charter for places of cultural significance
-
Practice note: Understanding and assessing cultural significance
-
Practice note: Developing policy
-
Practice note: Preparing studies and reports – contractual and ethical issues
-
Practice note: The Burra Charter and archaeological practice
-
Practice note: Interpretation
-
Practice note: Burra Charter article 22 – New work
Department of Environment and Heritage Protection 2013 Guideline: Developing heritage places – Using the
development criteria
Department of Environment and Heritage Protection 2013 Guideline: Conservation management plans
Department of Environment and Heritage Protection 2013 Guideline: Archival recording of heritage places
Department of Environment and Heritage Protection 2013 Guideline: Preparing a heritage impact statement
Department of Environment and Heritage Protection 2013 Guideline: No prudent and feasible alternative
Department of Environment and Heritage Protection 2013 Guideline: Archaeological investigations
Department of Environment and Heritage Protection 2013 Queensland heritage register
Department of Environment and Heritage Protection 2013 Guideline: Assessing cultural heritage significance - Using
the cultural heritage criteria
9.3
Glossary of terms
Archaeological artefact see the Queensland Heritage Act 1992, schedule.
Editor’s note: Archaeological artefact means any artefact that is evidence of an aspect of Queensland’s history, whether it is located in, on or below
the surface of land. Archaeological artefact does not include a thing that is aboriginal cultural heritage under the Aboriginal Cultural Heritage Act
2003 or Torres Strait Islander cultural heritage under the Torres Strait Islander Cultural Heritage Act 2003.
Archaeological investigation see the Queensland Heritage Act 1992, schedule.
Editor’s note: Archaeological investigation of a place means a physical investigation of the place carried out by an appropriately qualified person
for the purpose of investigating, recording or conserving archaeological artefacts on the place.
Archaeological place see the Queensland Heritage Act 1992, schedule.
Editor’s note: Archaeological place means a place entered on the Queensland heritage register as an archaeological place under Part 5 of the
Queensland Heritage Act 1992.
Archaeological potential means potential to contain an archaeological artefact.
Conservation means all the processes of looking after a place so as to retain its cultural heritage significance.
Editor’s note: This definition has been sourced from the Burra Charter, Australia ICOMOS 1979
Cultural heritage significance see the Queensland Heritage Act 1992, schedule.
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Editor’s note: Cultural heritage significance, of a place or feature of a place, means its aesthetic, architectural, historical, scientific, social, or other
significance, to the present generation or past or future generations.
Detrimental impact on an archaeological artefact means a detrimental impact on the cultural heritage significance of the
archaeological artefact.
Fabric means all the physical material of the place including components, fixtures, contents, and objects.
Editor’s note: This definition has been sourced from the Burra Charter.
Feature see the Queensland Heritage Act 1992, schedule.
Editor’s note: Feature in relation to a place, includes the following:
(1) a building or structure, or part of a building or structure
(2) an artefact, including an archaeological artefact
(3) a precinct
(4) a natural or landscape feature.
Place see the Queensland Heritage Act 1992, schedule.
Editor’s note: Place—
(1) means a defined or readily identifiable area of land, whether or not held under two or more titles or owners
(2) includes:
(a) any feature on land mentioned in item 1
(b) any part of the immediate surrounds of a feature mentioned in paragraph (a) that may be required for its conservation.
Queensland heritage place means a State heritage place, an archaeological place or a protected area.
Note: This definition has been sourced from the Queensland Heritage Act 1992.
Queensland heritage register see the Queensland Heritage Act 1992, schedule.
Editor’s note: Queensland heritage register means the register kept under Part 3 of the Queensland Heritage Act 1992.
Setting means the area around a place, which may include the visual catchment.
Editor’s note: This definition has been sourced from the Burra Charter.
State heritage place see the Queensland Heritage Act 1992, schedule.
Editor’s note: State heritage place means a place entered in the Queensland heritage register as a State heritage place under Part 4 of the
Queensland Heritage Act 1992.
Use means the functions of a place, as well as the activities and practices that may occur at the place.
Editor’s note: This definition has been sourced from the Burra Charter.
9.4
Abbreviations
ICOMOS – International Council On Monuments and Sites
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