Definition of development
Development refers to all types of work on a Queensland Heritage Place (a place in the Queensland Heritage Register) including:
- changes to property titles
- changes to the use of a place
- changes to built, archaeological, natural or landscape features
- changes to protected areas.
Development (as defined in the Sustainable Planning Act 2009) includes reconfiguring a lot, material change of use, operational work and building work. Because of heritage conservation requirements, the definition of building work is expanded for a Queensland Heritage Place to include types of work not normally thought of as development such as painting, maintenance, changes to interiors, repair work, excavating archaeological artefacts or disturbances to land that damages or exposes archaeological relics.
Purpose of regulating development
Places in the Queensland Heritage Register or a local heritage register have historic, aesthetic or other cultural values that are important to the community. The principal purpose of entering a place in a heritage register is to protect its heritage values.
This is achieved by regulating development that affects heritage places. Ideally, heritage places should be actively used and well maintained and changes should be kept to a minimum. Development that damages or destroys a place’s heritage values is not permitted except in special circumstances where there is no prudent or feasible alternative.
To ensure heritage places retain their significance while accommodating changing needs, proposals to develop Queensland Heritage Places are assessed by the department. The management of heritage places is a specialised field and the advice of appropriately qualified persons should be sought when preparing applications.
Pre-lodgment meetings are encouraged by the department to discuss development options and issues prior to making an application. Pre-lodgement meetings can be arranged by contacting EHP and asking to speak to a Heritage Officer in your region.
Approval can be granted by one of the following:
- General Exemption Certificate—No application required
Most minor work and maintenance needed to keep a place in optimum operational condition is approved by General Exemption Certificate.
No fees apply.
- Exemption Certificate—Application direct to the department
Exemption Certificates are mostly used to approve simple projects or work that does not have a detrimental impact on the cultural heritage significance of a Queensland Heritage Place not covered by General Exemption.
No fees apply.
- Development application—Application made under IDAS system
Development applications under the Integrated Development Assessment System (IDAS) are usually lodged with local government and then referred to EHP for assessment.
Local government fees may be applicable.
- Development by the State—Application direct to the department
Development by the State government is considered by the Queensland Heritage Council who make a recommendation to the relevant Minister.
No fees apply.
Penalties apply for unapproved development work, not reporting archaeological artefact discoveries and interference with archaeological discoveries and shipwrecks. These penalties include fines, orders to correct damage and non-development orders. If a place of heritage significance is under threat of damage or demolition the Minister can make a stop order that prohibits the continuation or commencement of work or activities that may destroy or reduce the cultural heritage significance of the place.
Development of local heritage places is regulated by local government. For information about requirements, contact the local government for the area in which the place is located.
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