Heritage Manual for State Government

Heritage Manual for State Government Last updated: May 2011

Heritage Manual for State Government 2 Last Updated: May 2011

FOREWORD

The Heritage Manual for State Government is an essential tool for government agencies dealing with heritage issues. The Manual draws together a wide range of heritage related information into a comprehensive and user-friendly guide that will provide answers to such questions as ‘What is a Heritage Agreement?’ and ‘When does the Development Referral Process need to be implemented?’ Since the proclamation of the Heritage of Western Australia Act in 1990 State Government agencies have become more engaged in and responsible for the identification, conservation and management of their heritage assets. This has been in response to both the requirements of the Heritage Act and to increased community expectations that State Government agencies will deal appropriately with heritage places. During this time, a variety of policies and procedures have been developed to ensure that decisions about heritage places are made in accordance with the Heritage Act and in keeping with best conservation practice. In meeting these responsibilities and expectations agencies have been assisted by the Office of Heritage and the Building Management and Works, Department of Finance. This Manual, which has been prepared as a joint initiative between these agencies, is an important additional heritage resource.


i. INTRODUCTION

As a result of the establishment of the Heritage of Western Australia Act, 1990 [The Heritage Act], owners - including State Government Departments and Statutory Authorities (henceforth referred to as Agencies) – have obligations in respect to places of cultural heritage significance under their ownership or control. Agencies are bound to abide by the provisions of The Heritage Act in respect of conservation, maintenance, development and disposal. Many Agencies have found that dealing with heritage presents new and sometimes complex challenges. A manual to address important broader issues relating to heritage in Western Australia, as well as specific issues relating to State Government requirements, will assist in decision-making and in dealing with these challenges.

The focus of the Heritage Manual for State Government is on cultural

heritage significance, covering archaeological, architectural, cultural, historical, scientific, social and/or technical values of a place or area, together with issues that arise out of cultural heritage significance for Agencies. It may be taken to include places of natural heritage value, where the values are incidental to a place of cultural heritage value, but it is not the purpose of the manual to deal in detail with natural or Aboriginal heritage values, as these are covered by their own legislation.

The Heritage Manual for State Government is for use by Agencies that are

responsible for places that have, or could be identified as having, cultural heritage value. The manual will be a valuable resource tool for property managers and Maintenance Delivery Providers, regional managers and managers who are primarily responsible for an organisation’s operations within a heritage place. For the purposes of this manual, heritage places include heritage buildings, cultural landscapes, heritage areas or precincts and structures.

The Heritage Manual for State Government is a joint project between

Building Management and Works, Department of Finance [BMW] and the Heritage Council of Western Australia [Office of Heritage]. The project was originally coordinated by a Steering Committee comprising representatives from BMW (previously CAMS), the Heritage Council, the Government Projects Office, the Department of Health and the Department of Education. The Steering Committee ensured that the information included in the manual was relevant; the manual has since been reviewed in 2001, 2006 and 2010.


The manual draws together relevant information into a comprehensive and easily accessible resource. The manual should not be viewed as a definitive document, as it will continue to be updated on a regular basis, and more information will be included as it becomes available.


ii. ACKNOWLEDGEMENTS

The Heritage Manual for State Government was originally produced as a joint initiative of the Heritage Council of Western Australia and the then Department of Contract and Management Services, now Building Management and Works, Department of Finance. The project was overseen by a Steering Committee comprising: Stephen Carrick (Heritage Council of Western Australia), Alison Maggs (Heritage Council of Western Australia), Annette Green (Formerly Contract and Management Services), Russell Looker (Formerly Contract and Management Services). Peter Gillies (Formerly Government Projects Office), Alan Buckley (Department of Health) John Nicholas (Department of Education) Helen Munt (Historian and Research Consultant) and Philip Griffiths (Philip Griffiths Architects Pty Ltd) compiled the original Manual. The Manual, available only as an internet version, is maintained by the Building Research and Technical Services Branch, Building Management and Works, Department of Finance.


FOREWORD

I. INTRODUCTION

II. ACKNOWLEDGEMENTS

III. GLOSSARY

1. PHILOSOPHY

Background

The Burra Charter

Background

Guidelines

The Conservation Plan

2. HERITAGE OF WESTERN AUSTRALIA ACT 1990

Background

The Register

Registration Process

Conservation Orders Heritage Agreements

3. DISPOSAL PROCESS

Background

Disposal Process

4. DEVELOPMENT REFERRALS

Background

Referral Process

Development Requiring Referral

Timing of Referrals


Information Required

Non-Registered Places

5. HERITAGE AGREEMENTS

Background

Elements of an Agreement

6. ORGANISATIONS AND REGISTERS

Australian Heritage Council

Role

Register of the National Estate

Contact Details

Heritage Council of Western Australia

Role

The Register of Heritage Places

Contact Details

Department of Finance, Building Management and Works

Role

Contact Details

Department of Indigenous Affairs

Role

Register of Aboriginal Sites

Contact Details

Department of Environment and Conservation

Role

Contact Details

Local Governments


Role

Local Government Municipal Inventories

Local Planning Schemes

National Trust of Australia (WA)

Role

Classification List

Contact Details

ICOMOS

Role

Contact Details

World Heritage Centre

World Heritage Listing

Contact Details

7. ASSET MANAGEMENT

Strategic Asset Management

Maintenance

Cost of Maintenance

Cost of Doing Nothing

Life-cycle Maintenance

Maintenance Delivery

Insurance


8. CONSERVATION REPORTS

Heritage Assessments

Background

Preparation

Conservation Plans

Background

Preparation

Archival Records

Background

Preparation

9. HERITAGE INVENTORIES

Benefits

Preparation

Thematic Histories


10. HERITAGE AREAS

Background

Identification

Management

Government Heritage Areas

Design Guidelines

11. CONSULTANTS, SUPPLIERS AND TRAINING

Heritage Consultants

BMW Consultancy Panels

Heritage Council Directory of Consultants

Specialist Consultants and Advice

Specialist Trades

Assistance

Heritage Agencies

Regional Heritage Advisers

Literature

Training

Local Training

Tertiary Courses

Short Courses

Professional Development


12. FUNDING

Funding Programs

Capital Funding

Incentives

Fund-raising by Foundation

World Heritage Places

13. REFERENCES

General Reading

Specific References

14. APPENDICES A: BMW Guidelines on Building Maintenance B: Development Referral – Information Required C: Draft Heritage Agreement


iii. GLOSSARY

A - D

Aboriginal heritage Sites, places and objects of importance and significance to Aboriginal people, past and present, which are connected to their cultural life. Aboriginal heritage includes sacred, ritual, ceremonial and traditional sites, places and objects of historical, archaeological, anthropological or ethnographical interest.

Aboriginal Heritage Act 1972 A statutory framework used for the identification and conservation of sites, places and objects of importance to Aborigines. The Department of Indigenous Affairs maintains the Sites Register for places of significance. www.dia.wa.gov.au

Adaptation The modification of a place to suit proposed compatible use or uses. Aesthetic value

Significance in exhibiting particular aesthetic characteristics valued by the community. See also Criteria of Cultural Heritage Significance for Assessment of Places for Entry in the State Register of Heritage Places

Agencies State Government Departments and Statutory Authorities. Archaeological site

A site containing material evidence of past human use or occupation. These sites need to be examined by people with a qualification and experience in archaeology. In general, sites can be classed as either ‘historical’ or ‘prehistoric’ (though see ‘contact period’), and should be dealt with only by personnel with appropriate qualifications and experience in these fields as outlined below.

Archaeological zoning plan A plan which identifies known or potential archaeological sites, generally ranked in order of significance and/or integrity.

Archival Record

http://www.dia.wa.gov.au/


A record of a place, for archive purposes, set down in a prescribed form and made in a durable form on archive quality material.

Australia ICOMOS - A non-government not-for-profit organisation of cultural heritage professionals formed as a national chapter of ICOMOS International in 1976.

Australia ICOMOS Charter for Places of Cultural Significance See The Burra Charter Australian Archaeological Association Inc. Professional organisation which represents archaeologists. Australian Heritage Council [AHC] Australian Government Agency within the Department of

Sustainability, Environment, Water, Population and Communities, established under the Australian Heritage Council Act 2003. The AHC has the principal function of compiling and maintaining the National Heritage List and the Commonwealth Heritage List. www.environment.gov.au/heritage/

Australian Heritage Database A database maintained by the Australian Heritage Council,

containing information about more than 20,000 natural, historic and Indigenous places. The database includes:

• places in the World Heritage List • places in the National Heritage List • places in the Commonwealth Heritage List • places in the Register of the National Estate • places in the List of Overseas Places of Historic Significance to

Australia • places under consideration, or that may have been considered for,

any one of these lists www.environment.gov.au/heritage/ahdb/

Australian Institute of Architects [AIA] A professional organisation which represents registered architects.

www.architecture.com.au Australian Institute of Landscape Architects Professional organisation, which represents landscape architects.

www.aila.org.au Authenticity

http://www.environment.gov.au/heritage/

http://www.environment.gov.au/heritage/ahdb/

http://www.architecture.com.au/

http://www.aila.org.au/


The current extent to which the fabric of a place is in its original state. See also Criteria of Cultural Heritage Significance for

Assessment of Places for Entry in the Register of Heritage Places

Building application An application under Part XV of the Local Government

(Miscellaneous Provisions Act 1960 for approval to construct, alter or demolish a building.

The Burra Charter (The Australia ICOMOS Charter for Places of Cultural Significance)

A charter adopted by Australia in 1979 which defines many heritage terms and establishes the nationally accepted standard for the conservation of built places of cultural significance. Revised in 1981, 1988 and 1999.

See also Illustrated Burra Charter Classified A term commonly used in reference to an entry in the National Trust

of Australia (WA) List. Commonwealth Heritage List

Compiled and maintained by the AHC. Lists natural, Indigenous and historic heritage places owned, leased or controlled by the Australian Government, including places connected to defence, communications, customs and other government activities that also reflect Australia’s development as a nation. www.environment.gov.au/heritage/places/commonwealth/

Compatible use

Use of a heritage place that involves no change to the structurally significant fabric, changes that are substantially reversible, or changes that require a minimum impact on the significant zones or elements of a place.

Condition The current state of a place in relation to each of its cultural heritage

values. Condition reflects the cumulative effects of management and environmental events.

http://www.environment.gov.au/heritage/places/commonwealth/


See also Criteria of Cultural Heritage Significance for Assessment of Places for Entry in the State Register of Heritage Places

Conjectural reconstruction Alterations, to a place to simulate a possible earlier state, that are not

based on documentary or physical evidence. This treatment is outside the scope of The Burra Charter's conservation principles.

Conservation All the processes of looking after a place so as to retain its cultural

significance. It includes maintenance and may, according to circumstances, include preservation, restoration, reconstruction and adaptation. [Refer to individual listings] Conservation will commonly involve a combination of more than one of these.

Conservation area See Heritage area. Conservation Order An order issued by the Minister for Heritage under the authority of

Section 59 of The Heritage Act which provides special protection in respect of any place, whether or not entered in the Register. There are three types of Section 59 Orders – a Stop Work Order, which can be issued in an emergency to halt any work at a place, without notice to any party, and remains in effect for only 42 days; a Consent Order, which can be issued by the Minister with the consent of the property owner, and remains in effect for such period as the owner consents to; and a normal Conservation Order, which can be issued by the Minister on the advice of the Heritage Council following a public notice and 6-week comment period, and remains in effect for as long as the Minster directs, even indefinitely. Contravention of a Section 59 Order is punishable by fines and up to two years’ imprisonment.

Conservation Plan and/or Conservation Management Plan A document establishing the significance of a place or heritage

conservation area, with appropriate policies designed to retain that significance. A Conservation Plan should include policies to guide change and guidelines for additional development, interpretation or maintenance associated with the place or area.


Criteria of Cultural Heritage Significance for Assessment of Places for Entry in the State Register of Heritage Places

The criteria used when considering the entry of a place in the Western Australian Heritage Register, including Aesthetic value, Historic value, Scientific value and Social value; and also degrees of significance; Rarity and Representativeness; and Condition, Integrity and Authenticity. Contact the Office of Heritage for a full copy of the criteria. [Refer 6.2.3 for contact details]

Cultural heritage Evidence of the past: places, buildings, structures and sites. It can also refer to objects and artefacts, documentary records, works of art, and furniture, although these are more commonly referred to as moveable (cultural) heritage or material cultural heritage. [Refer Moveable (Cultural) Heritage] Cultural heritage can also include folklore, ideas and memories, skills and practices.

Cultural heritage significance The value of a place in terms of its aesthetic, historic and scientific

and social significance for the present community and future generations. Rarity, representativeness, condition, integrity and authenticity contribute in determining the place's degree of significance. Also referred to as cultural significance or heritage significance. [Refer also to individual listings of values]

Cultural landscapes Those areas of the landscape, which have been significantly

modified by human activity, including pastoral, agricultural and other farmlands, mining and industrial sites, towns, suburbs and urban centres. [Refer also Designed landscapes]

Demolition Destruction or removal of all or part of a place. Demolition application Demolition of a building or other structure requires an application to

the Local Government for planning approval and a demolition licence. If approval is sought to demolish a Registered Place, the demolition application must be referred to the Heritage Council. [Refer also Government Heritage Property Disposal Process]

Department of Environment and Conservation [DEC] State Government Agency responsible for the management of the

State’s national parks, conservation parks, marine parks, State forests and timber reserves, nature reserves, marine nature reserves, and marine management areas. www.dec.wa.gov.au

http://www.dec.wa.gov.au/


Department of Finance – Building Management and Works State Government Agency responsible for the procurement and

management of the State’s non-residential built assets. www.bmw.wa.gov.au

Department of Sustainability, Environment, Water, Population and Communities

Australian Government Department that develops and implements national policy, programs and legislation to protect and conserve Australia’s environment and heritage. Delivers core environmental programs, with a focus on biodiversity, heritage, protection, marine and policy coordination. Includes Department of the Environment, the Australian Heritage Council and the Australian National Parks and Wildlife Service. www.environment.gov.au

Designed landscapes A landscape designed and created intentionally by humans in which

aesthetic considerations have been a primary, though not exclusive, factor in its creation. Designed landscapes include gardens, parklands, streetscapes and urban precincts, children’s playgrounds, university campuses, playing fields, golf courses, highways and freeways, war memorials, cemeteries and churchyards.

Determining/consent authority The body with the authority to approve or refuse development

applications, usually the Local Government. Development Committee A committee of the Heritage Council with delegated powers of the

Heritage Council to deal with Development Referrals made under The Heritage Act for consent or permission to carry out development on a heritage place.

Development guidelines Guidelines with a basis in a Conservation Plan devised to guide

future and or additional development at a heritage place or in a heritage area to promote development that will ensure the protection of the heritage values of the significant place or places.

Development referral A referral under The Heritage Act for consent or permission to carry

out development on a heritage place.

http://www.bmw.wa.gov.au/

http://www.environment.gov.au/


BMW – see Department of Finance – Building Management and Works

E – M

Environmental Protection Act 1986 Statutory framework for the Environmental Protection Authority. The

Act established the powers to provide mechanisms for the development of Environmental Protection Policy, the referral and assessment of proposals (Environmental Impact Assessment), the control of pollution and the enforcement of appeals procedures.

Government Heritage Property Disposal Process [GHPDP] A Cabinet endorsed procedure for the identification and assessment

of the heritage significance of any State Government property to be disposed of. “Disposed of” includes the sale, transfer or lease of a property outside the State Government sector (where transfer or lease is for a duration of at least 10 years) and includes the demolition of places.

Heritage Agreement A contract made under the authority of Section 29 of The Heritage

Act between the owner(s) of a heritage place and the State Government. The owner’s obligations under the agreement to conserve and maintain the place remain binding on successive owners. The purpose of a Heritage Agreement is to secure the long-term conservation and maintenance of a heritage place.

Heritage of Western Australia Act 1990 [The Heritage Act] The statutory framework for the identification and conservation of

places of cultural heritage significance in Western Australia. The Heritage Act describes the composition and powers of the Heritage Council of Western Australia and requires local governments to establish Municipal Inventories.

Heritage area An area which has a distinctive character of heritage significance. Heritage Assessment An assessment of heritage values of a place to determine its cultural

heritage significance based on documentary and physical evidence in relation to the place. [Refer also Cultural Heritage Significance]

Heritage consultant


A professional who has knowledge and experience of heritage issues and who gives advice on heritage matters.

Heritage Grants Program A financial support program in Western Australia for heritage places;

administered by the Heritage Council. Funds are primarily targeted to assist local governments, community groups and private individuals to undertake conservation planning and conservation work. Agencies are not eligible to receive grants under this program.

Heritage Council of Western Australia [The Heritage Council] The Western Australian Government’s heritage advisory body

established under The Heritage Act. It provides advice to the Minister for Heritage on heritage issues; identifies and conserves places of cultural heritage significance; facilitates development that is in harmony with cultural heritage values; and promotes awareness and knowledge of cultural heritage. www.heritage.wa.gov.au

Heritage list A list of places of local heritage significance compiled and

maintained by a Local Government under the authority of its Local Planning Scheme. A Heritage List is often compiled from a Municipal Inventory, but the two are not the same.

Heritage place A site, area, building or other work, group of buildings or other works

together with associated contents and surrounds that are of cultural heritage significance.

See also Cultural Heritage Significance and Place Heritage precinct See Heritage area. Heritage study A conservation study of an area. The study usually includes a

historical context report, an inventory of heritage items within the area and recommendations for conserving their significance.

Historic value Significance in the evolution or pattern of the history of Western

Australia.

http://www.heritage.wa.gov.au/



Historical archaeology The study of the material remains of societies and cultures recorded

in written records, usually associated with the spread of European culture across the globe after approximately 1500AD. In Australia this relates to the post contact period, generally 1788 onwards, but often incorporates the ‘contact’ period (see below)

ICOMOS – I International Council on Monuments and Sites See also Australia ICOMOS Illustrated Burra Charter A publication of Australia ICOMOS and Australian Heritage Council

(1992) which explains the Burra Charter in terms of the principles, processes and practices it contains, and shows through examples and illustrations, how the Charter has been used to care for many important places in Australia. [The full title is: The Illustrated Burra Charter: making good decisions about the care of important places]

Industrial archaeology The study and recording of the nature and workings of industrial

places and their surroundings, and may include associated settlement sites.

Industrial heritage The field of relics, structures and places which relate to the

organisation of labour to extract, process or produce services or commodities. It includes roads, bridges, railways, ports, wharves, shipping, agricultural sites and structures, factories, mines and processing plants.

Institution of Engineers Australia (WA) Professional organisation which represents engineers and has a

specialist heritage panel. www.engineersaustralia.org.au/divisions/western-australia-division

International Council on Monuments and Sites [ICOMOS] An international organisation linked to UNESCO that brings together

people concerned with the conservation and study of places of cultural significance. Australia also has a national committee. www.icomos.org

http://www.engineersaustralia.org.au/divisions/western-australia-division

http://www.icomos.org/


Integrity Measure of present and likely long-term viability or sustainability of

the values identified (aesthetic, historic, scientific, social, rarity and representativeness), or the ability of the place to restore itself or be restored, and the time frame for any restorative process.

See also Criteria of Cultural Heritage Significance for

Assessment of Places for Entry in the State Register of Heritage Places

Local Government Act 1995 Provide for the constitution and functions of Local Governments and

provides a framework for the administration and financial management of Local Governments and for the scrutiny of their affairs.

Local Government (Miscellaneous Provisions) Act 1960 Empowers local governments to issue building and demolition

licences and to order repairs and maintenance to derelict or unsafe buildings, and other matters related to building and construction.

Local Governments (former Local Government Authorities) Governments of a city, town or shire comprising an elected mayor or

president, council and executive established and operating under the Local Government Act 1995.

Local Government Inventory A list of heritage places and structures which, in the opinion of a local

council are, or may become, of cultural heritage significance. Each council is required under Section 45 of The Heritage Act to compile a Local Government Inventory. Inclusion of a place in such an Inventory has no legal effect on planning decisions in regard to the place, unless the Inventory is referenced in the Local Planning Scheme.

Lotterywest Heritage Program Financial assistance program established in 1994 by Lotterywest to

provide support for community-based conservation projects. Assistance is not available to the State under this program.

Maritime archaeology The study of the material remains of human interaction with the sea.

It includes shipwrecks and other underwater relics. Master Plan


A framework for implementation, drawing together the elements of the Conservation Plan and plan of management. It is generally in clear graphic form supported by explanatory text.

Measured drawing A scaled technical or architectural record of a place, based on

measurements of the place. Model Scheme Text Model clauses for use by local governments in Western Australia in

the preparation of local planning schemes for the zoning or classification of land.

Moveable (Cultural) Heritage Any heritage item that is not affixed to land (e.g. furniture,

locomotives, archives, and museum collections). May also be called material cultural heritage.

Municipal Inventory The former term for a Local Government Inventory. Still in common

usage, often abbreviated to MI.

N – Z

National Estate – See Register of the National Estate. National Heritage List Compiled and maintained by the AHC. Lists places of outstanding

heritage to the nation. Comprises predominantly natural rather than built assets. www.environment.gov.au/heritage/places/national/

National Trust of Australia (WA) Statutory authority established under the National Trust of Australia

(W.A.) Act 1964 and part of a world-wide movement of National Trusts. The Trust identifies and maintains a list of properties of heritage significance to the State and is custodian of heritage assets vested in it. The Trust also has a traditional educational role in promoting community concern for and understanding of the State's heritage. www.ntwa.com.au

National Trust of Australia (WA) List List of heritage items classified by the National Trust.

http://www.environment.gov.au/heritage/places/national/

http://www.ntwa.com.au/


Natural heritage Natural heritage includes national parks, nature reserves, habitats of

endangered species, islands, rivers, wetlands, deserts and wilderness areas, outstanding geological features and landscapes.

Office of Heritage The agency that supports the Heritage Council and carries out the

day-to-day functions of the Heritage Council. Currently, the Office of Heritage is a branch of the Department of Local Government.

Place An area of land sufficiently identified by survey, description or

otherwise as to be readily ascertainable. Works or buildings and their surrounds, structures, gardens or landscaping, and archaeological sites can (among other things) be treated as forming part of a place. A place in the Register includes as much land as may be required for the purpose of its conservation.

Plan of Management in association with a Conservation Plan, including its Statement of

Cultural Significance and Conservation Policy, for a heritage item, a Plan of Management gives guidance on how the Conservation Policy can be implemented in future development and establishes a regime for maintenance of the heritage fabric. Sometimes referred to as Management Plan or Conservation Management Plan.

Planning and Development Act 2005 - The Planning Act Provides for an efficient and effective land use planning system and

promotes the sustainable use and development of land in the State. The Planning Act requires that planning approval be obtained before any development is carried out and specifically requires planning approval for development at a place included in the Register of Heritage Places.

Planning Institute of Australia [PIA] The peak body representing professions involved in planning

Australia’s cities, towns, regions and places. www.planning.org.au Pre-historic archaeology

The study of the material remains of Indigenous culture prior to contact with Europeans.

Preservation Maintaining the fabric of a place in its existing state and retarding

deterioration.

http://www.planning.org.au/


Professional Historians and Researchers Association (WA) Inc. Professional organisation which represents historians and

researchers working primarily outside the academic sector. www.phawa.org.au

Rarity Demonstrably rare, uncommon or endangered aspects of the cultural

heritage of Western Australia. See also Criteria of Cultural Heritage Significance for

Assessment of Places for Entry in the State Register of Heritage Places.

Reconstruction Returning a place as nearly as possible to a known earlier condition

by the introduction of materials, new or old, into the fabric. Not to be confused with re-creation or conjectural reconstruction.

Regional Heritage Advisers Heritage consultants appointed by the Heritage Council to service

selected regional areas on a part-time contract basis and advise on issues relating to cultural heritage. Refer to Heritage Council website.

Register Committee A committee of the Heritage Council - whose objective is to establish

and maintain a Register of Heritage Places in accordance with the requirements of the Heritage of Western Australia Act

Register of Heritage Places [the Register] a statutory register of places, which are of significance to Western

Australia, maintained by the Heritage Council as required by s. 46 of the Heritage Act. Places of cultural heritage significance may be entered in the Register at the direction of the Minister for Heritage on the advice of the Heritage Council.

Register of the National Estate [RNE] A register of natural, Indigenous and historic heritage places

throughout Australia originally established under the Australian Heritage Commission Act 1975. Under that Act, the Australian Heritage Commission entered more than 13,000 places in the register. In 2004, responsibility for maintaining the Register shifted to the Australian Heritage Council, under the Australian Heritage Council Act 2003 (AHC Act).

http://www.phawa.org.au/


Following amendments to the Australian Heritage Council Act 2003, the Register of the National Estate (RNE) was frozen on 19 February 2007, which means that no new places can be added, or removed.

The Register will continue as a statutory register until February 2012. During this period the Minister for the Sustainability, Water, Environment, Population and Communities (the Minister) is required to continue considering the Register when making some decisions under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This transition period also allows states, territories, local and the Australian Government to complete the task of transferring places to appropriate heritage registers where necessary and to amend legislation that refers to the RNE as a statutory list.

From February 2012 all references to the Register will be removed from the EPBC Act and the AHC Act. The RNE will be maintained after this time on a non-statutory basis as a publicly available archive.

Representativeness Significance in demonstrating the characteristics of a class of cultural

places or environments in the State. See also Criteria of Cultural Heritage Significance for

Assessment of Places for Entry in the State Register of Heritage Places

Restoration Returning the existing fabric of a place to a known earlier state by

removing accretions or by reassembling existing components without the introduction of new material.

Revaluation Under section 35 of The Heritage Act the owner of a place that is the

subject of a Heritage Agreement may apply to the Valuer-General for a revaluation of the property to take into account the effect of the agreement. Revaluation can be quite valuable to the owner of commercial property that is subject to land tax.

Scientific value Demonstrable potential to yield information that will contribute to the

understanding of the natural or cultural history of Western Australia. See also Criteria of Cultural Heritage Significance for

Assessment of Places for Entry in the State Register of Heritage Places.


Maintenance Delivery BMW coordinated service to manage and oversee the delivery of

maintenance, minor works and property services of State public buildings.

Social value Significance through association with a community or cultural group

in Western Australia for social, cultural, educational or spiritual reasons. [


Subdivision The process of dividing a single lot into two or more lots each having

a separate certificate of title. Subdivision must occur before a portion of a Lot may be sold. Subdivision is governed by The Planning Act. Any proposal to subdivide a Place in the Register of Heritage Places must be referred to the Heritage Council.

Strata Titles Act 1985 Provides for the subdivision of land into lots (called “strata units”) and

common property. This form of subdivision can be used in buildings such as blocks of flats and shopping centres. The Heritage Act also covers the on-going management of strata title subdivisions.

Thematic History A framework from which the cultural heritage significance of places

can be assessed on a comparative basis, based on research into the social, political and economic context and the development of an Agency’s service through building stock.

Urban or townscape conservation area See Heritage area. World Heritage List A list of heritage places drawn up by the World Heritage Committee

under the umbrella of UNESCO which is designed to include places, both cultural and natural, which are of world heritage significance. Only the Australian Government can nominate Australian places for entry on this list.


1. PHILOSOPHY

1.1 Background Heritage is that which is important to us because it tells of important aspects of our past, telling us who we are, and how the past has formed us. Heritage places are places that are significant to the community and which many would agree should be kept for the benefit of present and future generations - our common heritage.

Heritage places may be natural, historic or indigenous places. The focus of the Heritage Manual for State Government is the historic environment; cultural heritage significance covering aesthetic, historic, scientific and social values of a place or area as covered by The Heritage of Western Australia Act 1990. It is not the purpose of this manual to deal with natural or Aboriginal heritage values, as these are areas covered by their own respective legislation. [Refer 6.4 & 6.5]

1.2 The Burra Charter

1.2.1 Background

At an international conference of people involved in conservation in Venice in 1966, a charter (the Venice Charter) was drawn up dealing with the preservation and restoration of historic monuments. In 1977, the newly formed Australia ICOMOS (International Council on Monuments and Sites [refer 6.8]) decided to review the Venice Charter in relation to Australian practice. In 1979, the Australia ICOMOS charter for the conservation of places of cultural heritage significance was adopted at a meeting at the historic mining town of Burra, South Australia. It was given the short title of The Burra Charter. [Available for download on the Australia ICOMOS website, refer 6.8.2]

The Burra Charter defines the basic principles and procedures to be followed in the conservation of heritage places. These principles and procedures can be applied to all heritage places, including a monument, a building, a garden, a shell midden, a rock art site, a road, a mining or archaeological site, a whole district or a region. The basic principles and logic are:


There are places worth keeping because they enrich our lives - by helping us understand the past; by contributing to the richness of the present environment; and because we expect them to be of value to future generations.

The cultural significance of a place is embodied in its physical material (fabric), its setting and its contents; in its use; in the associated documents; and in its meaning to people through their use and associations with the place.

The cultural significance of a place, and other issues affecting its future, are best understood by a methodical process of collecting and analysing information before making decisions.

Keeping accurate records about decisions and changes to the place helps in its care, management and interpretation.1

The Burra Charter advocates a cautionary approach to changing a place - doing as much work as is necessary and as little as possible - so the history of the place can continue to be recognised in its physical material (fabric). Use, management and change at a place are guided by a conservation policy prepared following the assessment of significance and the investigation of the issues affecting the future of the place. Although The Burra Charter was first written to guide practitioners such as archaeologists, architects, engineers and historians, it is also a useful document for others. The Charter will assist anyone involved in the care of important places to make better and more informed decisions once its principles are understood. The Burra Charter has been used as the basis for the development of standard briefs for conservation planning reports for State Government, and its principles are followed in any conservation works undertaken to a heritage place in Australia. [Refer 1.3, 8.2 & Heritage Council 6.2.3] Revisions were adopted on 23 February 1981, 23 April 1988 and on 26 November 1999. In 2004, a new version of the Illustrated Burra Charter: good practices for heritage places was prepared by Peter Marquis-Kyle and Meredith Walker for Australia ICOMOS, with assistance from the Australian Heritage Council. This publication aims to illuminate and explain the sensible advice contained in The Burra Charter. The ideas are illustrated by examples drawn from many different situations, showing how the Charter has been used to care for many culturally significant places in many different regions of Australia. These examples exemplify the sound

1 Marquis-Kyle, P., and Walker, M., Australia ICOMOS, The Illustrated Burra Charter,

Australia [ICOMOS, Sydney], 1992, p. 15.


conservation practice, which the Charter advocates. Copies of The Burra Charter and The Illustrated Burra Charter can be obtained from Australia ICOMOS, the Australian Heritage Council and the National Trust of Australia.

1.2.2 Guidelines In addition to providing a robust set of principles to guide the care of heritage places, The Illustrated Burra Charter offers specific guidance on assessing cultural heritage significance (Guidelines to The Burra Charter: Cultural Significance) and the preparation of the conservation policy (The Burra Charter: Conservation Policy), together with procedures for undertaking studies and reports on heritage places (The Burra Charter: Procedures for Undertaking Studies and Reports). Each of these guidelines provides specific guidance on the content and structure of the reports; a statement of intent, its applicability, the necessity for the report and a broad statement on the skills required for the report. The principles in these guidelines form the basis of standard briefs for all assessment, conservation policy and planning work for State Government.

1.3 The Conservation Plan

The Conservation Plan by James Semple Kerr is a guide to the preparation of Conservation Plans for places of historic cultural significance and the principles and guidelines outlined by Kerr have formed the basis of most Conservation Plans in Australia. The Conservation Plan, in conjunction with The Burra Charter, has been used as the basis for standard briefs for conservation planning reports for State Government. [Refer 1.2, 8.2 & Heritage Council 6.2.3] The Conservation Plan is about gathering, analysing and assessing information that bears upon policy decisions and on the processes of making those decisions. It offers a common ground for debate, a method and a common language to help resolve differences and achieve a balance between the old and the new. It also emphasises the understanding of the degree, as well as the nature, of significance. The Conservation Plan has been revised and refined since its inception in 1982, and the current version (5th edition) is dated May 2000.


2. THE HERITAGE OF WESTERN AUSTRALIA ACT 1990

2.1 Background

The Heritage of Western Australia Act 1990, [The Heritage Act] was the first specific historic legislation to have statutory effect over built heritage in Western Australia. The Heritage Act created the Heritage Council; made provision for the creation of a comprehensive Western Australian Heritage Register; provided for enforcement through inspectors and conservation orders [refer 2.3]; provided for proceedings arising from offences under The Heritage Act; gave power to acquire property; provided for compensation in certain circumstances; and required the referral to the Heritage Council of all proposed government actions or decisions – including decisions on development applications – affecting Registered Places.

The Heritage Act provides three primary mechanisms for protecting places of cultural heritage significance. These are:

1. Entry of the place in the Register of Heritage Places; 2. Issuing a Conservation Order for the place; and 3. Making the place the subject of a Heritage Agreement

Each of these mechanisms is discussed below. The Heritage Act also features other provisions that can be used, in certain circumstances, to protect and conserve places whether or not they are entered in the Register of Heritage Places or subject to a Conservation Order or a Heritage Agreement. These provisions are discussed later in this manual.

2.2 The Register of Heritage Places

The Western Australian Register of Heritage Places [the Register] is a list of places which are considered to be of importance to the State and worth conserving. Entry of a place in the Register is official recognition of its cultural heritage significance to the heritage of Western Australia. The Criteria for Entry in the Register is available through the Heritage Council [Refer 6.2.3]. Briefly, the criteria for entry includes aesthetic, historic, scientific and social values, and the physical condition, rarity and integrity of places are also taken into account in assessing a place for Registration. However, it is possible for a place in poor condition or of low integrity to be entered in the Register where other values are high, meeting the threshold for entry (e.g. historic value or rarity).


The Register is designed as a planning tool and as a vehicle for public education about heritage issues generally. It is protective in that any proposed development, public works or other government action that may affect the significance of a place in the Register must be referred to the Heritage Council for advice. Minor works and normal maintenance are unlikely to be affected by this requirement, but the seeking of expert advice on such works is encouraged. As The Heritage Act binds the Crown, the Register carries legal implications for Agencies, Local Governments, developers and individual property owners. Under Section 10 of The Heritage Act, Agencies are required to assist the Heritage Council in the conservation of the state’s cultural heritage. Moreover, Section 11 requires all Agencies to refer to the Heritage Council any proposed action that may affect a Registered Place. In this context, an “action” includes a decision on a planning application, a decision to undertake a public works project, a decision to condemn a building as a hazard to public health under the Health Act 1911, and so on. Places of cultural heritage significance may only be entered in or removed from the Register at the direction of the Minister for Heritage. Heritage places can be sold, leased or vested in a local government or other entity by an Agency if they no longer contribute to core business in accordance with the Government Heritage Property Disposal Process [GHPDP]. [Refer 3] As part of the disposal process, the Heritage Council may determine that a Heritage Agreement is necessary to ensure appropriate arrangements are in place to conserve the heritage values of the property following disposal. [Refer 5] 2.2.1 Registration Process When the Heritage Council receives a nomination or referral, the Office of Heritage conducts a preliminary assessment of cultural heritage significance. A recommendation is then made to the Register Committee on whether to proceed with a full Heritage Assessment and the priority for the assessment. The relevant agency is responsible for undertaking this assessment to Office of Heritage standards.

If a full Heritage Assessment is to proceed, the owner, Local Government and the person who nominated the place are notified. If a place is unlikely to meet the threshold of cultural heritage significance (therefore not be entered into the Register) stakeholders are notified of this decision.

Once a draft Heritage Assessment has been completed, it is presented to


the Register Committee. If the place is determined to have heritage value, the draft assessment is sent to owners, Local Government and any other stakeholders with an interest. At this stage, the Office of Heritage discusses the assessment with stakeholders and makes any necessary changes. After consideration of stakeholder comments, the Heritage Council decides if the place has cultural heritage significance and then recommends the place to the Minister for Heritage. The Minister considers the Heritage Council’s recommendation and stakeholders’ views and decides if the place should be entered in the Register on an interim basis.

Section 47 (1) (a) empowers the Minister to direct that a place be entered in the Register. A place will be entered in the Register for the following reasons:

• it is of cultural heritage significance; or • it possesses special interest related to or associated with

the cultural heritage, and is of value to the present community and future generations; and,

• the protection afforded by The Heritage Act is appropriate notwithstanding that the place may be afforded protection by the operation of any other written law or law of the Commonwealth.

Before a place can be considered for entry in the Register on a permanent basis, it is advertised publicly with a six week public comment period so owners and any other interested stakeholders can formally comment on the proposed registration. Permanent entry in the Register needs to happen within 12 months of the interim registration for privately owned places.

Under The Heritage Act, State Government properties can be Interim listed in perpetuity and do not have to be permanently registered. Proposed disposal would normally trigger permanent registration.

Implications for Agencies

Agencies are affected by The Heritage Act in a similar way to non-Agency owners. However, for Agency owners, the obligation to assist with the conservation of a heritage place is mandatory. For practical purposes, there is no difference between interim and permanent registration in terms of protecting what is important about a place. The protection of The Heritage Act applies equally at both stages of registration.

2.3 Conservation Orders


Section 59 of The Heritage Act provides for Conservation Orders regardless of whether the place is in the Register or not. A Conservation Order may be made when, in the opinion of the Minister, it is necessary or desirable to provide special protection to a place. A Conservation Order can either be introduced with the agreement of the owner (known as a “Consent Order”) or by giving written notice to the owner, publicly advertising the intention and seeking submissions. In an extreme or emergency situation, the Minister can also issue a 42-day Stop Work Order. A breach of any of these types of Conservation Order can result in a fine or imprisonment, as well as freezing of development approvals for up to 10 years. Conservation orders may be extended or made permanent. An appeal against the decision of the Minister to issue a Conservation Order may be made through the State Administrative Tribunal. A Conservation Order can specify particular works or other activities that may be undertaken at the place that is subject to the order. Or, it can specify activities that are prohibited. Where an owner wishes to undertake works that are prohibited by the order, the owner can apply to the Heritage Council for a permit under s. 64 of The Heritage Act. This application will be handled in much the same way that a development referral is handled. The difference is that the advice of the Heritage Council is presented to the Minister for Heritage, who then decides whether or not to issue the permit.

Implication for Agencies

A Conservation Order is binding on any owner, including Agencies. A development proposal for a place that is not entered in the Register of Heritage Places but that is subject to a Conservation Order must be referred to the Heritage Council for a s. 64 permit.

2.4 Heritage Agreements Section 29 of The Heritage Act provides for Heritage Agreements. A Heritage Agreement is a contract between the owner and the state under which the owner agrees to maintain and conserve the place. The agreement remains binding on subsequent owners of the place. A place can be made the subject of a Heritage Agreement whether or not it is entered in the Register. As with Registered places, Section 11 requires all Agencies to refer to the Heritage Council any proposed action that may affect a place that is


subject to a Heritage Agreement. Heritage Agreements are discussed in detail in Part 5 of this manual.

Implication for Agencies A development proposal for a place that is not entered in the Register of Heritage Places but that is subject to a Heritage Agreement must be referred to the Heritage Council for advice before the agency makes a final decision on the proposal.


3. DISPOSAL PROCESS

3.1 Background

The Government Heritage Property Disposal Process [GHPDP] establishes a process for the identification and assessment of the heritage value of places under consideration for disposal. At the recommendation of the Heritage Council, the policy was established by State Cabinet in July 1994 and reviewed and revised in October 1998.

The optimal use of government property involves, in some cases, the sale of Government buildings, structures or other places consistent with existing guidelines under the broader Property Disposal Program [as set out in Guidelines for Managing Government Real Estate (1998)]. Similarly, the demolition of buildings and structures will come under consideration, either in preparation for the disposal of land or for other reasons such as proposed alternative use. In some cases heritage places are amongst those considered for sale, transfer, or demolition.

While observing good conservation practice is important in the context of the State Government as the biggest single owner of heritage places in Western Australia, there are mandatory provisions under the policy for Agencies. The following section sets out the process.

3.2 Disposal Process For State Government-owned places that are not entered in the State Register of Heritage Places and which are more than 60 years old, are already listed on an existing heritage list such as a local government inventory (Municipal Inventory), or have some other evidence of heritage significance, the Government Heritage Property Disposal Process [GHPDP] needs to be implemented prior to disposal. Disposal includes demolition (of all or part of the place), sale, transfer, or long-term lease outside of the State Government (i.e. not to another Agency listed in Schedule 1 of the Financial Management Act 2006. These agencies are almost always identified as an “agent of the Crown” or an “agent of the State” in their enabling legislation). Proposed disposal of such property must be referred to the Heritage Council at least four months prior to disposal for consideration and advice. If the place is eventually registered and a Conservation Plan and Heritage Agreement are required, the time-frame to complete a GHPDP is more in the order of 18 months. [Refer 8.2 & 5]


[Refer 8.1, 8.2 & 5] The intention of this process is to ensure current and future owners are aware of the cultural heritage significance of a place and the best ways to retain that significance, as well as obligations arising out of significance. If it is determined that a place has cultural heritage significance, complete disposal by demolition is not generally an acceptable outcome and would require exceptional circumstances for consideration. Demolition of part of a place may be acceptable if it can be demonstrated that this will not diminish its assessed significance. If a property is deemed by the Heritage Council to be of very high significance to the State, its proposed sale will require Cabinet approval. Contact the Heritage Council for copies of the Government Heritage Property Disposal Process Flow Chart and the Government Heritage Property Disposal Process Explanatory Notes [Refer 6.2.3 for contact details] The Government Heritage Places Disposal Process brochure is available from the website at: www.heritage.wa.gov.au For places not entered in the State Register of Heritage Places, a referral form is also available on the website.


All Agencies are required to comply with the requirements of the Government Heritage Property Disposal Process. The following points should be noted:-

• adequate time – normally up to 18 months – should be allowed

for the process to be completed; • the Agency will be required to meet the cost of the process; • the Heritage Council will decide whether a place is to be entered

in the Register, whether demolition of the whole or any part of a significant place may occur;

• a place may be of such significance that the Heritage Council may determine that a Conservation Plan is required;

• the assessment of significance may impose specific constraints with respect to use;

• the assessment of significance may give rise to the necessity for development guidelines; and,

• the Heritage Council may determine that a Heritage Agreement is necessary as a condition of sale or transfer, and will prepare



an Agreement.


4. DEVELOPMENT REFERRALS

A commonly held misconception is that development and heritage are ‘mutually exclusive’. The conservation of individual places, precincts, streetscapes, areas and towns which have been identified as having cultural heritage significance does not preclude, nor does it necessarily limit, development. Development may be constrained by the degree of importance of a place.

4.1 Background The referral process is designed to protect the heritage values of significant places, especially places in the Register of Heritage Places (the Register). [Refer 2.2] It also focuses on the protection of significant elements of a place, addresses future and compatible use and endeavours to manage change, so as to retain significance. The Heritage Act requires referral to the Heritage Council of any action (such as a public works project or a decision on a planning application or building licence application) proposed by an Agency that may affect a Registered Place or a place that is the subject of a Heritage Agreement. The proposal may not proceed before advice has been received from the Heritage Council, and the Agency’s decision on the proposal must then be consistent with the advice given. Further, any action that would contravene a Conservation Order requires the prior approval of the Minister for Heritage in the form of a permit which is obtained on application to the Heritage Council The key criteria that triggers the referral requirement is whether or not the proposed action, decision, approval, etc. “may affect” a registered place or a place subject to a heritage agreement, or would contravene a Conservation Order. Even if the specific action contemplated is not directed at a Registered Place, what matters is whether or not the action may result in some impact on the registered place. For example, a decision to licence a quarry, which will result in a great increase in truck traffic hauling away the quarried product, may trigger referral if the ground vibration from the increased truck traffic has the potential to damage foundations or stone work at a Registered Place located some distance from the quarry itself. While this is an extreme scenario, it does illustrate the sort of situation where a government action may affect a registered place even though the action itself is not specifically directed at the registered place.


4.2 Development Referral Process The Agency initiating the action or considering the application (known as the “decision-making authority”) must refer the matter in writing to the Office of Heritage. For referral of 3rd-party planning applications, a checklist is available that must be completed and attached to the applicant’s completed application form, and forwarded to the Office of Heritage. Other forms and checklists are being developed to assist Agencies refer other matters such as public works and other government-initiated actions. The Heritage Council’s Development Committee assesses the more complicated development referral with advice from its conservation officers. The Committee examines the proposed development’s impact on the cultural heritage significance of the place. The Development Committee meets monthly to consider proposals. Under delegated authority from the Heritage Council, the Committee provides advice to decision-making authority. The advice will include a statement as to whether the proposal is supported, and any information or conditions applicable.


Heritage Council officers are empowered under delegated authority to deal with minor development issues and projects that are in accordance with Conservation Plans and Burra Charter principles. Typically these comprise of around 90% of all referrals received in any one year. Proposals affecting places that are very significant and which are of a high level of public interest may be referred to the full Heritage Council for the Council’s advice or ratification of the Development Committee’s decision. Proposed development of places that are of interest to the Heritage Council but not yet on the Register are also referred to the full Heritage Council for a decision. The development referral process enables the Heritage Council to ensure that the cultural heritage significance of a place is maintained by appropriate means and this function of the Council is an obligation under The Heritage Act. The Heritage Council’s concern is not to prevent or discourage the development or adaptive re-use of heritage places, but rather to ensure that the cultural heritage significance of the place is managed appropriately and not adversely impacted through inappropriate development. The Heritage Council can also provide useful advice to assist with the development process.

4.3 Proposals Requiring Referral Development includes any work to all or part of a Registered place that involves:

• demolition; • erection, construction or relocation; and/or, • renovation, addition and alteration including internal work.

Development also includes proposals affecting the Registered land:

• subdivision; • change of use; • signage; • excavation, disturbance or change to landscape or natural

features of land that substantially alters the appearance of the place (including any works affecting significant plantings); and/or,

• other works.


Other proposals requiring referral include any permit or authorisation that may result in inadvertent alteration or damage to a Registered Place or a place that is subject to a Heritage Agreement:

Approval by a Minister or departmental Director-General to undertake a public works project;

Issuance of a Jetty Licence under the Jetties Act 1926;

Issuance of a licence to enter Crown land for any purpose, such as geothermal exploration, under s. 71 of the Land Administration Act 1997;

4.4 Timing of Development Referrals It is recommended that proponents informally discuss the proposed development with Office of Heritage conservation officers at the concept stage. Discussing proposals with Office of Heritage conservation officers before detailed decisions are made can save time and expense.


Office of Heritage conservation officers can provide advice on general matters such as what information should be submitted with a development referral, and where additional professional expertise can be obtained if required. A proposal affecting a Registered place will need to be formally referred to the Heritage Council by the Agency or their representative. If a Conservation Plan has been prepared, the advice of the Heritage Council will consider, but not be bound by, the recommendations of the Conservation Plan. [Refer 8.2]

4.5 Information Required The information required of an Agency for a development referral is similar to the information required for planning approval or building licence approval. For example:

• particulars of the location and ownership of the place, to facilitate identification in the Register;

• drawings - original (if available), existing and proposed; • specifications (if at detailed drawing stage); • photographs - historic (if available), existing conditions; • Conservation Plan; and, • a statement of the development’s impact on the cultural

heritage significance of the place (Heritage Impact Statement).

[Refer also Appendix B]

Referrals of other proposals that do not contemplate “development” in the ordinary sense (such as a quarry licence or a permit to enter Crown land) should include sufficient information about the proposal to enable the Office of Heritage to understand the activity contemplated and thereby assess its potential impact on a heritage place. For example, what roads are trucks expected to use when leaving a quarry?

4.6 Non-Registered Places

If there is some indication that the place is of cultural heritage significance, it may be beneficial for Agencies to undertake development referrals for non-Registered places in a similar way to the Heritage Council’s Development Referral process for Registered places. A tiered approach to managing such developments is as follows:


• In-house expertise.

Agencies should consider developing some in-house knowledge for considering development of individual places or those within conservation areas or heritage precincts. Relevant employees attending professional development courses in heritage management and building conservation could achieve this.

• Engage professional advice [Refer 11.1 & 11.2 for details] • Refer the matter to the Heritage Council.

If the matter is complex and if none of the above options are available or suitable, then officers at the Heritage Council can be contacted for advice and assistance. In these instances, the advice is for consideration only and is not binding. In regional areas, the Heritage Council may refer the matter to the Regional Heritage Adviser. [Refer 11.2.2]

As with Development Referrals for Registered places, plans should show context and be accompanied by photographs that record the setting, buildings or parts of a building, and landscape features that the proposal will affect.


5. HERITAGE AGREEMENTS

5.1 Background

In Western Australia, Heritage Agreements are provided for under Section 29 of The Heritage Act. They offer the only means for ensuring the on-going conservation and maintenance of heritage places. In some respects, a heritage agreement is similar to, but quite distinct from, a conservation covenant of the kind employed by the National Trust. Under Section 21A of the National trust of Australia (W.A.) Act 1960 [The National Trust Act], the National Trust is empowered to enter into covenants with land owners by which the use of the land is restricted to only those uses identified in the covenant [refer 6.7]). These covenants “run with the land”, in that not only is the current owner bound to the covenant, but all subsequent owners are bound to it as well. Covenants made under Section 21A of the National Trust Act may only be negative, in that they may only impose restrictions on the use of the land. A Heritage Agreement made under Section 29 of the Heritage Act may include both negative and positive covenants that run with the land. For example, a Heritage Agreement may forbid certain uses of a place and also may require the owner to undertake specific conservation and maintenance activities.

The purpose of Heritage Agreements under The Heritage Act is essentially to secure the long-term conservation of heritage places by agreement through voluntary contracts that bind current and successive owners to a set of conservation conditions. They may provide compensating benefits to the owner(s) in some circumstances. The provision for Heritage Agreements under statute obviates some of the difficulties inherent in trying to use common law covenants for conservation purposes. Accordingly, Heritage Agreements have been applied in various states of Australia to conserve not only the built environment (the area of specific relevance to the Heritage Council) but also natural and Indigenous heritage under relevant legislation.

5.2 Elements of an Agreement

What is a Heritage Agreement?


A Heritage Agreement is a binding legal agreement to ensure the long-term conservation and maintenance of a heritage place. The owner of such a place and the Heritage Council usually enter into a Heritage Agreement. In the case of State Government heritage property, this generally occurs on disposal and the Agreement is entered into by the Heritage Council and the new owner. [Refer also Appendix C] Why should owners consider Heritage Agreements? By preparing a Heritage Agreement, the Heritage Council specifies its desire to ensure the conservation of the heritage place the particular Agency owns and is intending to dispose of. Incentives such as land tax reductions, grants, planning concessions and plot ratio transfer may also be given to owners who guarantee to undertake conservation works by entering into an Agreement. Incentives may also apply when a heritage building restricts future site development and the Valuer General will recognise the limitations by taking into account unrealisable development potential in his revaluation of the subject property. How long does a Heritage Agreement last? Heritage Agreements are generally signed “in perpetuity.” Once appropriate memorials are lodged on the certificate(s) of title for the land that is subject to the agreement, it becomes binding on future owners as well as the current owner who signs the agreement. However, as with any other legal contract, it can be renegotiated at any time in the future if both the Heritage Council and the owners agree. What does a Heritage Agreement consist of? The main elements of a Heritage Agreement are: • recitals, definitions and interpretation clauses; • a requirement that the owner will maintain the place and, where

appropriate, undertake specific conservation works; • a requirement that the owner will retain a qualified heritage consultant

to supervise any works undertaken at the place, although this is often omitted;

• provisions enabling the Heritage Council to monitor compliance with the agreement, such as reports on the condition of the place, entry and inspection, etc.; and

• enforcement provisions.

5.3 Where Heritage Agreements are Used Development Referrals


Entry into a Heritage Agreement is often stipulated as a condition of the Heritage Council’s support for a development proposal. For example, where the proposal involves subdivision of a Registered Place, a Heritage Agreement will normally be required. Other situations include a complex development or redevelopment of a place where the future maintenance of a heritage structure may be at risk. GHPDP Disposals Heritage Agreements are also as a conservation tool when a property is being disposed of by an Agency. Normally, the Office of Heritage will negotiate the terms of a draft Heritage Agreement with the disposing Agency, with the intention of requiring the purchaser of the property to enter into a final Heritage Agreement as a condition of sale. The draft Heritage Agreement must be finalised with the purchaser and executed at the appropriate point in the settlement process. The Office of Heritage works closely with the disposing Agency to ensure that the sale contract includes appropriate provisions with respect to the Heritage Agreement, and the draft agreement is available for prospective buyers to inspect and, if necessary, renegotiate with the Office of Heritage prior to entering into a contract of sale Although a Heritage Agreement between the Heritage Council and the disposing Agency would be legally valid, it does raise practical difficulties with respect to enforcement. Consequently, the Heritage Council prefers to enter into a Heritage Agreement with the purchaser of the Government property at the time settlement occurs.

Owner Incentives Entering into a Heritage Agreement is a prerequisite to obtaining certain financial incentives available to the owner of a heritage place, whether or not it is entered in the Register. Under Section 35 of The Heritage Act, an owner may request the Valuer General to re-value a property that is subject to a Heritage Agreement, This can result in a significant reduction in land taxes paid on commercial property. The City of Perth allows the owner of a heritage place (known as the “donor site”) situated within the City to sell some of the development potential of the place (known as “plot ratio”) to another lot (known as the


“recipient site”), thereby increasing the extent of development in the recipient site. This transferred plot ratio can be extremely valuable. The City requires the owner of the donor site to enter into a Heritage Agreement as a prerequisite to the transfer of plot ratio.


6. ORGANISATIONS AND REGISTERS

6.1 Australian Heritage Council 6.1.1 Role

The Australian Heritage Council [AHC] is the Australian Government's independent expert advisory body on heritage matters. It was established through the Australian Heritage Council Act 2003. The Australian Heritage Council assesses the values of places nominated for the National Heritage List and the Commonwealth Heritage List, and to advise the Commonwealth Minister for Sustainability, Environment, Water, Population and Communities on conserving and protecting listed values. The Australian Heritage Council may also nominate places with heritage values to these lists. The Council also promotes the identification, assessment and conservation of heritage and to advise the Australian Government Minister for Sustainability, Environment, Water, Population and Communities on a range of matters relating to heritage.

The Australian Government Department of Sustainability, Environment, Water, Population and Communities administer a number of funds to promote, inform and support heritage conservation. 6.1.2 National Heritage List

The National Heritage Lists was established in 2004 and comprises Indigenous, natural and historic places that are of outstanding national heritage significance to Australia. Anyone can nominate a place for consideration of entry in the National Heritage List; however, places entered meet a higher level of significance than places listed in the Register of the National Estate or Commonwealth Heritage List (see below). Places listed in the National Heritage List are protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This requires that approval be obtained before any action takes place which has, will have, or is likely to have, a significant impact on the national heritage values of a listed place. There are a number of Western Australian heritage places on the National Heritage List, including Fremantle Prison, the Ningaloo Coasts and the Batavia Shipwreck site.


6.1.3 Commonwealth Heritage List

The Commonwealth Heritage List was established in 2004 and comprises Indigenous, natural and historic places owned, leased or controlled by the Commonwealth Government.

Places listed in the Commonwealth Heritage List are protected under the EPBC Act by the requirement for a person (including a Commonwealth agency) to obtain an approval prior to undertaking an action that is likely to have a significant impact on the Commonwealth heritage values of that place. The EPBC Act also provides that Commonwealth agencies must properly identify and manage Commonwealth Heritage places under their ownership or control.

6.1.4 Register of the National Estate

The Register of the National Estate is a list of Australia’s natural, historic and Indigenous heritage places that are worth keeping for the future. The Register recognises places for the purpose of public education and the promotion of heritage conservation generally.

It will however, discontinue as a statutory register from February 2012. After this time all references to it in Federal legislation will be removed. It will however continue to be maintained as a non-statutory publicly available archive.



Development of places listed in the National Heritage List may require approval to be obtained from the Australian Government Department of Sustainability, Environment, Water, Population and Communities, if an action is proposed that will have a significant impact on a matter of National Environmental Significance. Although entry in the Register of the National Estate does not carry with it any legal requirements or implications, State Government-owned places in the Register will need to be considered under the Government Heritage Property Disposal Process if sale, transfer, demolition or long-term lease is proposed.

6.1.5 Contact Details

The Secretariat Australian Heritage Council GPO Box 787 CANBERRA ACT 2601

Phone: (02) 6274 1111 Toll Free: 1800 803 772 Fax: (02) 6274 2095 Email Address: [email protected] Website Address: www.ahc.gov.au or visit the Department of Sustainability, Environment, Water,

Population and Communities website: www.environment.gov.au/heritage

http://www.ahc.gov.au/

http://www.environment.gov.au/heritage


6.2 Heritage Council of Western Australia

6.2.1 Role

The Heritage Council is the State’s advisory body on heritage, established under The Heritage Act [refer 2] to provide for and encourage the conservation of places which have significance to the cultural heritage of Western Australia. The Heritage Council is funded through consolidated revenue. The aims of the Heritage Council are to: • establish and maintain a comprehensive Register of Heritage Places

(the Register); • advise the Minister on heritage matters; • facilitate appropriate conservation, management and development of

heritage places; • provide financial assistance and other incentives including the

Heritage Grants Program; and, • promote awareness and knowledge of the cultural heritage of Western

Australia.

The Heritage Council maintains a comprehensive data base, which lists places in the Register [refer 2.2] as well as other places of heritage interest, such as places included in Local Government Heritage Lists and Municipal Inventories [refer 6.6.2], the Commonwealth Government’s heritage lists [refer 6.1.2] and the National Trust Classification List. [refer 6.7.2] The Heritage Council provides a range of useful resources for the conservation of heritage properties, including Criteria for Entry in the Register of Heritage Places, Documentation of Places for Entry in the Register of Heritage Places, Conservation Plan – Consultants’ Brief, Government Heritage Property Disposal Process Flow Chart and Explanatory Notes, and Heritage Council Directory of Consultants. These can be obtained through the Publications section of the Heritage Council website or by contacting the Office of Heritage [Refer 6.2.3]. The Heritage Council has nine members - a chairperson and four community representatives, with the balance being a representative from each of The National Trust of Australia (WA), owner groups, Local Governments and professional associations. The Heritage Council may also co-opt additional members.

Professional and administrative staff within the Office of Heritage undertake the day-to-day administration of The Heritage Act. The Office of Heritage assists the Minister’s office and other Agencies with matters arising under The Heritage Act.


6.2.2 The Register Refer 2 for details.

6.2.3 Contact Details Heritage Council of Western Australia 108 Adelaide Terrace EAST PERTH WA 6004 Phone: (08) 9221 4177 Toll Free: 1800 644 177 Facsimile: (08) 9221 4151 Email Address: [email protected] Website Address: www.heritage.wa.gov.au



6.3 Department of Finance, Building Management and Works

6.3.1 Role

The Department of Finance, through Building Management and Works (BMW), provides advice to Agencies on the conservation and future use of their heritage assets. These assets comprise historical buildings, cultural landscapes and other sites, and precincts or adjoining areas that are of cultural heritage significance.

Services provided by the branch include: • identification of assets on existing heritage registers and of potentially

significant places; • advice on the implications and requirements of The Heritage Act;

[refer 2] • assistance in meeting the requirements of the Government Heritage

Property Disposal Process; [refer 3] • commissioning of Thematic Histories, Heritage Assessments and

Conservation Plans to establish conservation strategies and assistance in implementing these strategies; [refer 8 & 9]

• commissioning of conservation works in line with conservation principles;

• advice on conservation principles applicable to building maintenance; • advice on the establishment of a database of heritage assets and

potential heritage assets to assist clients’ strategic asset management; and,

• advice on the management and future use of heritage and precinct assets.

BMW works closely with the Heritage Council on a broad range of heritage issues, including the development and standardisation of briefs related to heritage studies, requirements for Heritage Assessment documentation, thematic studies, archival standards and the review of documentation and practices. BMW resources include advice, primary resources such as annual reports, contract books and drawn information that provide a valuable research resource.



Department of Finance Building Management and Works Level 6 169 Hay Street EAST PERTH WA 6004

Phone: (08) 9440 2211 Fax: (08) 9222 8137

Email Address: [email protected] Website Address: www.bmw.wa.gov.au

http://www.bmw.wa.gov.au/


6.4 Department of Indigenous Affairs 6.4.1 Role The Department of Indigenous Affairs [DIA] administers the Aboriginal Heritage Act, 1972 [AHA]. The primary role of the DIA is: • to assess section 18 Notices under the AHA; • to provide advice to the Aboriginal Cultural Material Committee; and, • to provide advice in regard to Aboriginal heritage matters to the public,

developers and government agencies. The primary legislative provisions under the AHA which are dealt with by the DIA include: • Section 15 - the registration of Aboriginal sites within the DIA’s Site

Register; • Section 16 - the provision of permits to excavate a site with the

authority of the Registrar, on the advice of the Aboriginal Cultural Materials Committee for the purpose of research, mitigation or management; and,

• Section 17 - the investigation of offenses in which Aboriginal sites are disturbed;

• Section 18 - the administration of section 18 notices for sites to be impacted or disturbed, for consideration by the Aboriginal Cultural Materials Committee, which is responsible for advising and assisting the Minister for Indigenous Affairs in relation to the recording and protection of Aboriginal sites and objects.

6.4.2 Register of Aboriginal Sites

The Aboriginal Heritage Act, 1972 [AHA] protects and preserves Aboriginal heritage which includes any site or object which is of significance to Aboriginal people, or contact sites which have significance to both Aboriginal and non-Aboriginal people. Under the AHA, it is an offence to disturb any Aboriginal site, and Agencies are legally obliged to find out if any Aboriginal sites exist and/or will be disturbed in any way whenever planning to develop land. The DIA maintains the Register of Aboriginal Sites for places of significance. Inquiries should be made and the advice of the DIA sought on procedures arising out of places or things included in the Register of Aboriginal Sites and with respect to notifiable material.


In the case of contact sites - which may not necessarily be included on the sites register and which are known to have significance to Aboriginal people - consultation with Aboriginal interests is encouraged.


When conducting an assessment, drawing up a Conservation Plan and/or undertaking archaeological investigations, DIA should be contacted to determine if a place has Aboriginal heritage significance and if it has been registered as an Aboriginal site. Similarly, if objects or artefacts discovered at a place might possibly have Aboriginal cultural significance, DIA must also be notified. Such contact and investigation should be made during early project planning to avoid possible time-consuming and costly delays later.


Department of Indigenous Affairs Level 1 197 St Georges Terrace PERTH WA 6000

Phone: (08) 9235 8000 Easy Call: 1300 651 077 Fax: (08) 9235 8088 Email Address: [email protected] Website Address: www.dia.wa.gov.au

mailto:[email protected]

http://www.dia.wa.gov.au/


6.5 Department of Environment and Conservation 6.5.1 Role The Department of Environment and Conservation (DEC) is responsible for conserving the State's rich diversity of native plants, animals and natural ecosystems, and many of its unique landscapes. DEC manages more than 24 million hectares, including more than nine per cent of WA's land area: its national parks, marine parks, conservation parks, regional parks, State forests and timber reserves, nature reserves, and marine nature reserves.

DEC, through its vestings, has control of cultural heritage sites in its own right. As well has having acquired places of cultural heritage value that might be in the Register and/or subject to the Government Heritage Property Disposal Process [refer 2.2 and 3], DEC may have an interest in land immediately adjoining property owned by other Agencies. The interest may affect access, river frontages and the like.


DEC should be contacted if the issue is more related to environmental or natural heritage than built heritage or where a place is adjacent to or in an area of their responsibility (as mentioned above). As well as the State Operations Headquarters, DEC also has many regional and district offices.

Department of Environment and Conservation The Atrium 168 St Georges Terrace PERTH WA 6000

Phone: (08) 6467 5000 Fax: (08) 6467 5562 Email: [email protected] Website Address: www.dec.wa.gov.au

http://www.calm.wa.gov.au/


6.6 Local Governments

6.6.1 Role

Under the Planning and Development Act 2005, Local Governments are empowered to control building development by adopting Local Planning Schemes and related planning policies, reviewing and approving development applications, and by imposing various other planning controls. Local Governments throughout the State have responsibility for promoting heritage conservation as an integral part of their local planning function, as set out in State Planning Policy 3.5, Historic Heritage Conservation. Conservation is achieved through inclusion of a Heritage List and provisions in Local Planning Schemes (as outlined in the Model Scheme Text), and the preparation and regular review of a Municipal Inventory. [Refer 6.6.2 & 6.6.3]

Local Governments may retain useful research material to assist Agencies with the assessment of significance of a place and the preparation of Conservation Plans, including local histories, oral histories, archival material, newspapers, photographs, maps, paintings and drawings.

6.6.2 Local Government Inventories (Municipal Inventories) Under Section 45 of The Heritage Act, Local Governments are required to prepare a Local Government Inventory, commonly known as a Municipal Inventory, or MI. This is a list of places and structures which, in the opinion of the Local Government, are, or may become, of cultural heritage significance. Local Governments are also required to review their inventories every four years after compilation.

Inclusion in an MI is recognition of the heritage significance of the place to the local community. However, places entered in an MI do not have legal protection unless they are also listed in a Local Planning Scheme Heritage List or they are already entered in the Register of Heritage Places. It should be noted that, in some older Local Planning Schemes, the MI is given the same status as a Heritage List and therefore can be used as the basis of a planning decision. [Refer 6.6.3 & 2.2] The Heritage Council may take into account whether or not a place is included in the MI in making its decision on whether or not a place is to be included in the Register of Heritage Places.


Where development is proposed, inclusion of a State Government-


owned place in the Municipal Inventory has no binding effect on Agencies, but it may be an indication of Local Government sensitivities and community support for conservation. Liaison with the Local Government will help to clarify any local heritage issues and concerns. Under the Notification Criteria for the Government Heritage Property Disposal Process, places in the Municipal Inventory must be referred to the Heritage Council if sale, transfer, demolition or long-term lease is proposed. A Category 1 listing in a Municipal Inventory means that the Local Government is of the view that the listed place is worthy of consideration for inclusion in the Register of Heritage Places. The Heritage Council will take this into account when assessing a place for the Register of Heritage Places.

6.6.3 Local Planning Schemes

A “Heritage List” of places is now required to be appended to local planning schemes under the Model Scheme Text gazetted in October 1999. Where the scheme already contains heritage-related provisions and establishes a Heritage List, consideration will be given to adding places identified in the Municipal Inventory into that list (if they do not appear already).


Inclusion of a State Government-owned place in a Local Planning Scheme has no binding effect on Agencies, but it may be an indication of Local Government sensitivities and community support for conservation. Liaison with the Local Government will help to clarify any local heritage issues and concerns. The Heritage Council will take a Local Planning Scheme into account when assessing a place for the Register of Heritage Places.


6.7 National Trust of Australia (WA)

6.7.1 Role

The National Trust of Australia (WA) is a voluntary, community-based organisation whose mission is to conserve Western Australia’s heritage and whose charter is established under an Act of Parliament. It therefore operates as a Statutory Authority under the Financial Management Act, 2006.

Overall, the National Trust of Australia (WA) has five major programs:

• Education: to establish and manage an educational program that will

increase the community’s appreciation, understanding and commitment to the importance of conserving Western Australia’s heritage and the role of the National Trust;

• Asset Management: to conserve, manage and interpret places and objects owned by or under the control of the National Trust of Australia (WA);

• Advocacy: The List of Classified Places includes places of historic, natural and Aboriginal significance, and although classification carries no legal implications it can carry influence and forms the foundation of National Trust articulation of public policy recommendations;

• Membership: To recruit new members to the organisation as well as maintaining existing membership support. The Trust uses its public membership to raise community awareness and appreciation of heritage values, and to identify, describe and, in some cases, manage vested heritage properties; and,

• Covenanting: To ensure that significant natural areas in private ownership are conserved by restrictive covenants negotiated between the owners and the National Trust.

Under The Heritage Act, the National Trust nominates a member who becomes a full member of the Heritage Council. There is liaison and cooperation between the National Trust and the Heritage Council. The National Trust (WA) has a resource base of records, books, maps, and other documentation built up since its inception in the late 1950s. The Trust’s resources may be of value to Agencies in research processes.

6.7.2 Classification List Classification by the National Trust indicates that, in the opinion of the Trust community body, a place has cultural heritage significance for the Western Australian community. The National Trust Classification List


includes places of historic, natural and Aboriginal significance, and although classification carries no legal implications it can carry moral influence. The National Trust does not impose any reinstatement requirements on owners by virtue of classification. However, there may be some benefits available to owners of places that are classified by the National Trust, such as incentives and funding sources. This may have some relevance to Agencies when considering the implications of disposal. 6.7.3 Management Orders The National Trust currently manages over 35 state-owned places in the Register of Heritage Places pursuant to Management Orders issued under the authority of the Land Administration Act 1997. While the National Trust does not acquire any property interest in these places under management orders, the National trust is designated as the “care, control and management body” for these places and exercises legal control over them.


Although National Trust Classification does not carry with it any legal obligations or implications, State Government-owned places Classified by the Trust will need to be considered under the Government Heritage Property Disposal Process if sale, transfer, demolition or long-term lease is proposed. Further, transferring state property to the National Trust under a Management Order is a GHPDP transfer because the National Trust, although recognised under state legislation, is not a “state agency” for GHPDP purposes.


National Trust of Australia (WA) The Old Observatory 4 Havelock Street WEST PERTH WA 6005 Phone: (08) 9321 6088 Fax: (08) 9324 1571 Email Address: [email protected]

mailto:[email protected]


Website Address: www.ntwa.com.au

http://www.ntwa.com.au/


6.8 ICOMOS

6.8.1 Role

ICOMOS (International Council on Monuments and Sites) is an international organisation of people concerned with the conservation and study of places of cultural significance. ICOMOS has national committees in more than 60 countries, including Australia.

Australia ICOMOS is a non-government professional organisation which promotes best practice in caring for culturally important places, and was responsible for developing and establishing The Burra Charter. [Refer 1.2]

Australia ICOMOS provides publications, seminars, workshops and conferences throughout Australia. It also has links with ICOMOS organisations throughout the world.


Australia ICOMOS Secretariat Georgia Meros Cultural Heritage Centre for Asia and the Pacific Faculty of Arts 221 Burwood Highway Deakin University BURWOOD VIC 3125

Phone: (03) 9251 7131 Fax: (03) 9251 7158

Email address: [email protected] Website Address: www.icomos.org/australia

http://www.icomos.org/australia


6.9 World Heritage Centre

6.9.1 World Heritage Listing

Few places are of such importance that they might be considered for World Heritage Listing. However, Fremantle Prison, Shark Bay and Purnululu National Park in Western Australia have already been included on the World Heritage List.

World Heritage Listing has been possible since the Australian Government signed the Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention) in 1974. The World Heritage Centre in Paris (a division of UNESCO) draws up the World Heritage List.

Inscription in the World Heritage List is international recognition that the conservation of a place is of great importance. Advice on World Heritage Listing and its implications may be obtained from the Australian Heritage Council. Reference may also be made to Study on the Implications of World Heritage Listing (Jadranka McAlpine, Environment Australia, 1998). Further guidance may be obtained from the Operational Guidelines for the Implementation of the World Heritage Convention, UNESCO (UNESCO 1997).


The Australian Government undertakes nominations to the list and an agreement is reached on the management of the place between the Australian Government and the State Government. The major responsibilities for the management rest with the State, but inclusion in the list may bring some funding benefits from the Australian Government for the conservation of the place. [Refer 12.5]

6.9.2 Contact Details Website Address: http://whc.unesco.org/en/resources or www.environment.gov.au/heritage/about/world

http://www.environment.gov.au/heritage/about/world


7. ASSET MANAGEMENT

There are approximately 120,000 properties throughout Western Australia under the control of over 90 Agencies. Improving the financial contribution of this property portfolio is integral to better public sector administration.

Each Agency is involved in making decisions to acquire, sell, lease or retain property after careful evaluation of costs, benefits and contribution to corporate objectives.

Agencies are increasingly required to address heritage and conservation issues. General government sector agencies hold over 200 registered Heritage places. Many more properties are listed on Local Government heritage lists. This section deals with the heritage conservation component of the management and maintenance of Agency assets.

7.1 Strategic Asset Management

In August 2005 the Strategic Asset Management Framework [SAMF] for Government was reviewed. The Strategic Asset Management Framework is an integrated policy strategy to improve asset management and capital investment across the State public sector. The SAMF is currently under review and an update will be available by the end of 2010.

From a management perspective, Agencies are required to manage and conserve the heritage properties in their portfolios. However, this is not necessarily in conflict with the demands placed on Agencies in relation to the ongoing utilisation and performance of assets. Close evaluation of how an existing property might be adapted for new uses should be part of the considerations in this process, especially where the particular service has a strong cultural link with the place and that connection is part of the place’s cultural heritage significance.

Maintaining heritage value has been recognised as an integral part of SAM. The preparation of a Conservation Plan [refer 8.2] and implementation of good conservation strategies can, therefore, provide a clear framework for addressing heritage requirements as well as the Agency requirements for the present and future use of assets. Good conservation strategies also have long-term benefits regarding the cost of using a significant place.


7.2 Maintenance Agencies have a responsibility for the conservation of government property that is included in the Register of Heritage Places. [Refer 2] Maintenance of a heritage asset is therefore an integral part of Strategic Asset Management and is part of the ongoing utilisation and performance of the asset. [Refer 7.1] It is also important to consider that maintenance may have a cumulative effect over time where many small changes may lead to a complete change of character of a place and hence impact on its identified cultural heritage significance. In this instance, Conservation Plans are important for not only identifying major works but also in guiding present and future maintenance requirements. [Refer 8.2]

Broad maintenance procedures have been developed for the maintenance of heritage buildings by Maintenance Delivery Providers contracted through BMW. [Refer 7.3] These standards are applicable to the maintenance of all State Government heritage buildings, irrespective of whether they are maintained by Maintenance Delivery Providers contracted through BMW or by other service providers.

7.2.1 Cost of Maintenance

As with any asset, heritage places require a maintenance plan and budget allocation. The regime for heritage places is similar to that required for non-heritage assets, but regimes, and therefore budgets, need to be tailored for the particular place. An understanding of the significance of the place plus its significant zones and elements, will give some direction to the focus of the regimes and therefore the associated costs. This can be achieved through the preparation of a Conservation Plan, which provides an assessment of the relative importance of the component parts of the place, and can also provide a periodic inspection schedule which identifies those matters which require attention and at what frequency the matters should be addressed. Generally these matters are focused on the conservation of heritage values and may need to be tied into a more broadly-based plan to cover all matters concerning the maintenance of a place.


In practice, the maintenance of heritage places will usually require the following:

• the employment of traditional trade practices; • the reuse of as much of the original fabric as possible; • the replacement of like with like; • the avoidance of unnecessary loss of original fabric by

using repair as the first option rather than replacement; • the use of those techniques originally employed where

practicable; and, • the requirement to resist embellishment and to respect any

imperfections inherent in the heritage fabric. These considerations may have an economic impact. Resisting over-zealous maintenance will normally save money. The principle to be followed with heritage places is “to do as much as necessary and as little as possible”. Once the regimes are understood, quantified and the frequency of the cycles defined, costings may be prepared.

Minor matters of routine maintenance may be addressed through normal maintenance programs, but major items will require professional assistance and a fee component should be costed into these tasks. Examples of this type would include stone cleaning, treatment of rising damp and roof replacement. Preventative maintenance can have a considerable impact on life-cycle maintenance and costs. [Refer 7.2.3] The economic impact of not carrying out timely maintenance should be a consideration in determining long-term costings.

7.2.2 Cost of Doing Nothing The cost to an Agency of “doing nothing” (i.e. not maintaining assets or only undertaking low levels of maintenance) involves diminished service potential and failure to meet the State’s responsibility for conserving heritage assets. It may also result in decreased economic return if and when the asset is to be disposed of, and higher costs when works are finally undertaken. An intending purchaser’s valuation will reflect the state of repair of a place when its retention is a requirement. In addition, the community has an expectation that the government will provide leadership in properly maintaining its assets, especially those having heritage significance. The community has an expectation that these assets will not be allowed to deteriorate unnecessarily. Conservation of a building according to heritage guidelines is effectively the maintaining of a building to a reasonable standard. Identifying and implementing strategies will not only maintain the service potential of the building but may potentially improve the performance of a property.


7.2.3 Life-cycle Maintenance Life-cycle maintenance is a method of examining the economic impact of long-term maintenance, as opposed to regular day-to-day maintenance. Life-cycle costs consider the capital cost of elements and the effect of those elements on everyday operations. They will include the replacement cycle of the component and might also involve the impact on energy consumption. All of these considerations have an impact on the life-cycle cost of individual elements and of the place under consideration as a whole.

Heritage places have special requirements and more often than not the life-cycle maintenance of their components is clearly understood. Traditional materials and components performance is well understood by heritage conservation professionals who can assist with the assessment of life-cycle maintenance and cost forecasting. The cost of cyclical maintenance should be part of the consideration of life-cycle costing. For example, a roof containing asbestos cement may still have an economic life given periodic encapsulation treatments. An alternative consideration may be the removal and replacement of the roof along with an assessment of the expected life-span of a replacement. Some consideration of the disruption brought about by each alternative may also be a factor in the decision making. Further, in the case of heritage places, the opportunity to restore, reinstate or reveal heritage values will be an important consideration in the decision making and life-cycle maintenance process. For example, when a particular element requires replacement, the choice of a replacement should have its basis in the recommendation of the Conservation Plan. Taking the asbestos roof example again, if the original roof was a corrugated galvanised iron sheet roof in short length sheets, then when the asbestos requires replacement consideration should be given to the reconstruction of the corrugated galvanised iron. Life-cycle maintenance can be costed in broad terms and be included in budgets as part of the cost of running the Agency.


7.3 Maintenance Delivery

Maintenance Delivery is a system to manage maintenance and related services on buildings. It provides clients with a single point of contact for all building problems and services, faster repair and response times, and significant savings on previous maintenance costs.

BMW manages building maintenance contracts and also works with Agencies on maintenance planning. Each Maintenance Delivery Provider oversees the maintenance of a specific portfolio of buildings, and it is the Maintenance Delivery Provider’s job to liaise with clients and manage maintenance and related services for places within their portfolio.

Private sector Maintenance Delivery Providers have currently been appointed by BMW to manage the delivery of maintenance, minor works and property services for more than 900 Government-owned buildings in the metropolitan area. In regional Western Australia, BMW officers can coordinate maintenance services to public buildings.

Copies of the following guidelines - developed by BMW are included in the Appendix A: • Maintenance Delivery: Heritage Procedures, • Maintenance Delivery: Documenting Changes to Heritage Places, and, • Maintenance Delivery: Conservation Principles.

7.5 Insurance

In the case of Crown-owned heritage listed buildings, the Valuer General’s Office has determined that they be valued for insurance purposes on the basis of replacement cost. However, the Heritage Council will determine the appropriateness and extent of reconstruction or reinstatement on a case by case basis depending on the residual integrity of the building. The proper restoration of minor damage is likely to be required. On the other hand, in the event of a place being substantially destroyed, the reinstatement of a place is unlikely to be a requirement. In the event of the total destruction of a heritage place, reinstatement would not be required. The degree to which cultural heritage values have been lost in an event would be an important consideration in the decision making process.


8. REPORTS

A Heritage Assessment, Conservation Plan and/or Archival Record may be required to be prepared prior to the sale, transfer or alteration of a government asset which may possess, or is known to possess, cultural heritage significance. These processes follow standard procedures, identifying the type and level of significance the place holds, and also guiding owners and other stakeholders in the conservation and future use of a place in order to preserve its identified cultural heritage significance. This section explains the background and purpose of these processes, how to prepare them and where to go for assistance or advice.

8.1 Heritage Assessments

8.1.1 Background

A Heritage Assessment is the assessment of a place for which the Heritage Council has received a nomination or referral. The Heritage Assessment is used to determine whether or not the place satisfies the criteria for entry in the Register. Contact the Heritage Council for complete list of Criteria for Entry in the Heritage Register [Refer 6.2.3 for contact details]

The referral of a place for entry in the Register can occur through the following channels:

• Public referral under Section 9 of The Heritage of Western Australia Act 1990 [refer 2];

• Government Heritage Property Disposal Process [refer 3]; • Inclusion in a Municipal Heritage Inventory [refer 6.6.2];

and, • Recommendation of a Conservation Plan [refer 8.2].

8.1.2 Preparation

A Heritage Assessment is prepared either by Office of Heritage conservation officers - generally using the information included in a Conservation Plan for the place - or by a commissioned consultant. Agencies may commission their own Heritage Assessments directly, or BMW can arrange for assessments to be prepared on behalf of an Agency using heritage consultants from their Heritage Period Panel. [Refer 11.1]


Consultant teams generally include a historian and an architect or engineer, depending on the nature of the place. An assessment follows a standard procedure, outlined in the Documentation of Places for Entry in the Register of Heritage Places. [Available from the Heritage Council, refer 6.2.3] This standard brief follows the guidelines and principles of the Burra Charter [refer 1.2] and requires the following information:

• General background detail (i.e. name/s, location, previous

listings); • Statement of Significance; • Assessment of Significance (following the Criteria for Entry

in the Register of Heritage Places) [available from the Heritage Council, refer 6.2.3];

• Degree of Significance; and, • Supporting Evidence: Physical and Documentary.

The assessment will also offer guidance on what parts of the place have significance and, in broad terms, the level of significance of these parts. The statement of significance is the fundamental guide as to whether a place will meet the threshold for entry in the Register and is the basis for future conservation. [Refer 2.2 & Heritage Council 6.2.3]

8.2 Conservation Plans

8.2.1 Background

A Conservation Plan is the primary guiding document for the owner of a place regarding its conservation and future use. A Conservation Plan clearly sets out what is of cultural heritage significance in a place and offers guidance to ensure that all future care, maintenance and development is carried out with regard to the retention of the significance of the place. Conservation Plans can be simple reports on small cottages or complex reports for such places as the Fremantle Prison Complex or Rottnest Island Settlement.

A Conservation Plan is an important management tool when a place has been identified as having cultural heritage significance, even if it is not in the Register [refer 2.2], and should be prepared prior to any works being carried out or any changes made to the place. Priority for the preparation of a Conservation Plan should be given to places that are identified in forward planning as being the subject of some degree of alteration or disposal. Where Heritage Inventories have been prepared, the places for which Conservation Plans are recommended can be identified and budgeted for within the asset management process [refer 9.1]. In all


cases where works are proposed, allowance needs to be made for the time required for the preparation, review and finalisation of the documentation - which, in some cases, will include a costed conservation works schedule to be prepared following completion of the Conservation Plan. A Conservation Plan should be viewed as a key resource for future planning for the place. An Agency may not accept all of the conservation policies or recommendations outlined in a Conservation Plan, nor commit immediately to their implementation. However, Agencies should view Conservation Plans as a framework for the future care and management of a place and the long-term conservation of its heritage values. Progressive adoption of some or all of the policies may also be appropriate. Specific requirements for the preparation of Conservation Plans should be set out in a consultant’s brief. [Refer 8.2.2 & Heritage Council 6.2.3] Otherwise, the work should generally be carried out in accordance with the guidelines and principles of:

• The Conservation Plan, James Semple Kerr (National Trust of NSW, 2000); [refer 1.3]; and

• The Burra Charter (Australia ICOMOS Charter for Places of Cultural Significance), 1999 [refer 1.2]

8.2.2 Preparation

It is essential to engage consultants with conservation expertise to prepare Conservation Plans. Preparation of a Conservation Plan may need to cover a range of disciplines, and a study team may need to be formed to incorporate the specialist skills of a variety of relevant professions, including architecture, history, archaeology, engineering and landscape architecture, depending on the nature of the place. [Refer 11.1] The specific expertise required for a Conservation Plan should be stated in the consultant’s brief.

Liaison between Agencies and consultants is a key element of the preparation of Conservation Plans. Agencies should assist consultants by contributing/providing historical information (if known) and by discussing future plans for the place which will have implications for the conservation policies and scope of works identified in the Conservation Plan.

A copy of the Heritage Council’s ‘Conservation Plans: A Standard Brief for Consultants’, and the technical publication Principles of Conservation Work on Heritage Places are available from HCWA [Refer 6.2.3].


For a place of local community interest, or one that has more than one stakeholder, a Conservation Plan may be made available to all stakeholders and/or the local community for comment prior to completion. Where public comment is inappropriate, comment should be sought from relevant organisations and specialists. These comments will be important in guiding and prioritising the future care and management of the place. Provision should be made for the review of a Conservation Plan and any management policies that have been put in place when and as appropriate. This review process will keep the Conservation Plan and related policies or recommendations as up-to-date as possible, by considering and/or incorporating new information about the place, changes in the surrounding environment, changes in economic climate, new or more appropriate conservation techniques and any other new opportunities which may arise.

8.3 Archival Records

8.3.1 Background

If a demolition permit has been issued for all or part of a place, or if major alterations are undertaken, the Heritage Council may require an Archival Record of the place to be prepared which must comply with the standards mentioned below. The Heritage Council will provide a guide to the requirements of the Archival Record depending on the place in question. Subject to the nature of the place, this may include measured drawings, site plans, photographs, historical information and/or a copy of a Heritage Assessment for the place. Guidelines for archival records are available on the Heritage Council’s website.

8.3.2 Preparation

Once an Archival Record has been prepared for a place, a copy should be lodged with the Heritage Council and, if appropriate, the J. S. Battye Library of WA History (at the State Library of Western Australia). Both these institutions have established policies relating to the long-term storage, preservation, retention and disposal of Archival Records. It may also be appropriate to provide a copy to the relevant local government for their own records.


9. INVENTORIES

Agencies are responsible for many places that are either recognised as heritage places or are considered potentially significant and need to be assessed. It is also important to note that existing heritage registers are not static and places are subject to ongoing assessment programs and reviews. [Refer 6.1.2, 6.2.2, 6.4.2 & 6.7.2] In order to deal with and be prepared for such issues, some Agencies have already compiled or are in the process of compiling a Heritage Inventory and/or Thematic History.

9.1 Benefits

The benefits of compiling an inventory include: • Assisting in the Strategic Asset Management [refer 7.1] of

the Agency’s portfolio by examining and assessing places of potential cultural heritage significance, with particular reference to rarity and representativeness, and developing conservation priorities based on a preliminary analysis of physical and documentary evidence;

• Providing relevant information and recommendations on places of cultural heritage significance to assist in forward planning; and,

• Developing a more efficient approach to addressing heritage issues in capital works projects by clearly establishing conservation priorities prior to the development of works proposals.

9.2 Preparation

The compilation of an inventory is preceded, where relevant, by a Thematic History, and then sites are examined for a preliminary assessment on a State-wide basis. The site examination aims to verify that assets identified in historic research are still extant. It describes their physical appearance (aesthetic value), the extent to which they remain intact (authenticity), an assessment of their place in the overall context of the theme (representativeness), the degree to which the place expresses its original intent (integrity), and the frequency of occurrence (rarity). A brief statement of condition should be included. From this information it is possible to assess whether or not there is prima facie cultural heritage value in relation to a place. The assessment will indicate whether further action is required with respect to detailed assessments, Conservation Plans and the likely requirements in the event of sale, transfer or other means of disposal. The inventory is a sound basis for addressing heritage


issues in forward planning.

9.2.1 Thematic Histories

In accordance with conservation principles, the assessment of places must be based on an understanding of the context in which such buildings were constructed. A Thematic History should be prepared for Agencies with a portfolio of purpose-built assets. Other options should be considered for Agencies with a history of acquiring properties.

The Thematic History will contain research into the social, political and economic context for the development of services and assets. Rather than a history of the Agency, it will endeavour to explain the development of an Agency’s services as reflected through building stock. The Thematic History will provide a framework from which the cultural heritage significance of places can be assessed on a comparative basis.


10. HERITAGE AREAS

10.1 Background

Heritage Areas (also known as Heritage Precincts or Conservation Areas) are areas in which the relationship between the various built elements creates a special sense of place, which is worth conserving. This may involve a group of places or an extensive single place. The significant elements may include the subdivision layout, the building materials or styles, or other streetscape elements such as fencing or garden layouts.

There is increasing community recognition that certain areas have heritage values either at a local or State level which merit protection, just as do individual places. Accordingly, provision is made for their protection in The Heritage Act [refer 2], and in the draft Model Scheme Text provisions prepared by the Department for Planning and Infrastructure and gazetted in 1999.

Agencies should be aware that a number of Local Governments have already identified such areas in their Local Government (Municipal) Inventories, and are moving towards protection of such areas in their local planning schemes and planning policies. [Refer 6.6]

10.2 Identification

In the majority of cases, heritage areas will be made up of places owned by a number of different Agencies and possibly by private owners.

For State Government, identification of heritage areas is best handled in a similar fashion to the identification of individual places. A heritage area can be included in the Register of Heritage Places, notwithstanding the fact that not all places would meet the threshold for entry as individual places. In that context, a heritage area will be examined through a process of assessment by a heritage consultant based on standard assessment criteria [available from the Heritage Council, refer 6.2.3]; owner and possibly community consultation; and finally endorsement by the Agency. There may be a need to refer a potential heritage area to the Heritage Council for advice on whether an assessment is required under the Government Heritage Property Disposal Process.

Given the much greater extent and complexity of an area as compared to an individual place, such a project necessarily involves a greater level of resourcing than the identification of an individual place.


10.3 Management

The objective of conserving a heritage area is to conserve the significant elements and to sensitively accommodate change, not to attempt to prevent it. Agencies that have responsibility for a heritage area or a large complex site may consider some of the following strategies as appropriate and practicable in the conservation of the area or site:

• inclusion of the existence of the heritage area in the Agency’s asset registers;

• the introduction of policies covering such issues as demolition and subdivision control, signage, zoning, height control;

• the introduction of design guidelines for existing and new buildings;

• advise the Local Government as the heritage area may already be in the local Town Planning Scheme; [refer 6.6.3]. This may contribute to a cooperative approach on heritage with the Local Government; and,

• referral of a heritage area to the Heritage Council for assessment.

It is expected that in a limited number of cases, heritage areas will be entered in the Register under the Heritage Act, in which case collaboration between State Government and the Heritage Council may be required in managing change in those areas. [Refer 2]

Implications for Agencies Agencies with assets that are included in a precinct in the Register of Heritage Places are under the same obligations as if the area were an individual place. Disposal and development are actions that must be referred to the Heritage Council for its advice.

10.4 Government Heritage Areas Through long-standing development of government services or by means of land acquisitions for a variety of purposes, the government may hold heritage areas. Land acquired for the Perth Cultural Centre is an example of a Government-owned heritage area, where individual places, together with streetscapes have been identified (by one or more heritage agencies [refer 6]) as possessing some degree of cultural heritage significance.



10.5 Design Guidelines Design Guidelines may be prepared for Local Government either for use under the Local Planning Scheme for complex sites that involve a broad range of development issues arising from heritage constraints, or as part of the requirements of the GHPDP for complex sites. [Refer 6.6.3 & 3] In the latter case, the guidelines might be tied to a Heritage Agreement [refer 5] to achieve a satisfactory outcome for future development following disposal taking into account heritage values and the view of the Local Government. For Agencies, a beneficial exercise may be to consider design guidelines for heritage areas and/or large complex sites for which they are responsible. Such guidelines will clearly set out requirements for the conservation and development of that particular heritage place or area, but should be treated as advisory and not as a means of regulating development. The guidelines might be prepared as an extension of the Conservation Plan brief, or as a separate commission following the completion of the Conservation Plan. Depending on the circumstances, the preparation of guidelines may require different professional skills from those required in the preparation of the Conservation Plan.

Guidelines can be as broad or as specific as required. They can set out requirements for a whole range of issues such as location of development on the site, massing, basic form, building fabric, facade refurbishment, building scale, infill development, roof pitch, fencing, signage, hard and soft landscaping, street alignment, colour schemes, awnings and verandahs, car parking and street furniture. Guidelines should also encourage good design and sound conservation principles, and not design which ‘mimics’ heritage. Any guidelines prepared will be of assistance not only to the Agency concerned, but also to other stakeholders of the area or site such as Local Governments, owners, designers and developers. For example, in the case of post-disposal processes, the developers will be clear on development requirements from the outset, and have a better understanding of specific values of heritage places. Establishing guidelines sooner rather than later will prevent situations whereby decisions have to be made quickly and under pressure without any reference or support, and which can lead to unsympathetic development.


Guidelines should also endeavour to reinforce that the attractiveness of significant sections of an area is due largely to the traditional nature of the streetscape/s. In addition, that historic precincts and traditional streetscapes are not only attractive to experience, but can also contribute quite considerably to the economic value of the precinct or area - particularly with reference to commercial precincts, but also to residential areas. Guidelines must have their basis in the assessment of significance and the Conservation Plan.


11. CONSULTANTS AND TRAINING

11.1 Heritage Consultants

11.1.1 BMW Consultancy Panels

BMW has a number of Specialist Consultancy Panels, one of which is the Heritage Services Panel (with members who are experienced in conservation planning and works) and an informal list of heritage builders.

Appointment under the panel can help clients address heritage issues efficiently and effectively with the benefit of independent professional advice. [Refer 6.3.3]

11.1.2 Heritage Council Directory of Consultants

This directory is a current list of consultants who have demonstrated experience and expertise in conservation works, heritage assessments, conservation planning, historical research, historical archaeology, landscape architecture and engineering.

The directory is available through the Heritage Council [Refer 6.2.3 for contact details]

11.1.3 Specialist Advice

Specialist professional advice may be obtained from the following professions, although people with specific heritage skills within these disciplines should be sought:

• Archaeologists • Architects • Art conservators • Botanists • Engineers • Historians • Landscape architects • Materials conservators • Materials scientists • Paint investigators • Town planners

Contacts for these people can be provided through their professional bodies.


11.1.4 Specialist Trades

There are many people who have been trained in traditional building skills and the growth of the conservation industry has encouraged new people to learn traditional skills. Specialist trades for conservation works include the following:

• Bricklaying and repair • Carpentry • Ceiling repairers • Re-stumping specialists • Floor tilers • Founders • Joinery works • Painters • Plasterers • Roof tiers • Stained glass specialists • Stonemasonry • Tuck pointing • Wrought iron workers

Builders with experience in conservation work will generally employ sub-contractors with these specialist skills as required. BMW, the Heritage Council, some Local Governments, and heritage consultants can assist with details of specialists who may be appropriate for a particular task or range of tasks.

11.2 Assistance

11.2.1 Heritage Agencies Staff at the heritage agencies listed in Section 6 are available to provide advice to Agencies.


11.2.2 Regional Heritage Advisers

The Heritage Council has established part-time contract positions for Regional Heritage Advisers. The current regional locations are:

•Albany & Great Southern •Avon Arc •Kalgoorlie-Boulder & Goldfields •Cottesloe & Subiaco •Midwest •Peel •Rockingham •South West •Wheatbelt

The services provided by the Regional Heritage Advisers consist of the following: • advising Local Governments regarding heritage identification,

conservation planning and promotion including; - assisting with evaluation of heritage-related development

applications; - liaising with property owners over development of heritage places; - supporting the identification and assessment of heritage places for

Local Government Inventories or Heritage Lists. [Refer 6.6.2 & 6.6.3]

• providing conservation advice or information to property owners and other individuals or groups in the region; and,

• providing advice or information to the Heritage Council on local/regional issues (in connection with grant applications, development proposals, assessment issues etc.)

Contact the Office of Heritage for further information. [Refer 6.2.3]

11.2.3 Literature Refer Section 13 for details


11.3 Training

11.3.1 Local Training Local training is conducted in some regions by voluntary groups to assist owners and other interested people in developing their heritage conservation skills. Agencies with regional properties might consider how staff might benefit from this kind of training. Such schemes have worked very well in such places as the Mid West, where professional people, building owners and tradespeople with traditions skills have been able to pass on and exchange experiences. The Heritage Council’s Regional Heritage Advisers have been able to assist in facilitating these sessions. [Refer 11.2.2]

11.3.2 Tertiary Courses

Curtin University offers Higher Degrees by Research in Heritage Studies. These provide postgraduate and mid-career training for persons such as architects, planners, engineers, historians, historic property and site managers interested in the conservation of the built environment. The courses draw on local expertise and focuses on the development of knowledge and expertise in association with local heritage practitioners in order to provide skills in contemporary heritage conservation practice.

11.3.3 Short Courses The Heritage Council occasionally offers short courses, which cover many aspects of heritage identification and conservation, and also offer an opportunity to exchange experiences with other participants. Such courses will assist in raising the skill base at a low cost. 11.3.4 Professional Development As part of their professional development, Agencies could seek to raise their staff knowledge base through their own professional development programs. This might take the form of enrolment in the Heritage Council’s short course or arranging for a short course to be run in-house.


12. FUNDING

12.1 Funding Programs

Currently there are no specific funding programs for Agencies outside of the budget system. Although there are various funding and incentive sources available to Local Governments, private owners and community groups through organisations such as the Heritage Council, Lotterywest and the Australian Heritage Council, these are generally not available to State Government. It is, therefore, the responsibility of Agencies to fund heritage and/or conservation reports, works and projects for their assets.

12.2 Capital Funding Agencies can seek capital funding for conservation works from the Consolidated Fund by submitting a Capital Investment Plan and Concept Approval form for consideration in the capital works approval process.

12.3 Incentives

Incentives, both financial and non-financial, are being offered by Local Governments, mostly through their Local Planning Schemes (easement of set-backs, transfer of plot-ratio) but also through initiatives such as rate rebates, verandah reinstatement, funding, heritage awards and provision of professional advice to owners of heritage places. Although State Government does not have to comply with Local Planning Scheme requirements, Agencies should be aware that these incentives exist.

12.4 Fund-raising by Foundation

Foundations have been set up for places such as His Majesty’s Theatre, The Art Gallery of Western Australia, King’s Park and Rottnest Island. The funds may, according to the purposes of the trust, assist in the conservation of these places. Places with a public profile, and for which there is a sense of community ownership, may benefit from consideration of the foundation models to assist with heritage conservation. The potential benefits and taxation benefit for donors to foundations should be investigated as part of the process of establishment of foundations.


12.5 World Heritage Places

Few places will be considered for World Heritage Listing however, for those that are inscribed in the World Heritage List, the Australian Government undertakes certain obligations with respect to conservation. In practice this will mean some incentives and benefits to assist with the conservation of the place, subject to agreement with the State. [Refer 6.9]


13. REFERENCES

13.1 General Reading In alphabetical order by author Apperly, R. Irving, R, Reynolds, P., A Pictorial Guide to Identifying Australian Architecture: Styles and Terms from 1788 to the Present, (Angus & Robertson, North Ryde, 1989).

This book, written for the general public, provides a comprehensive survey of six major architectural styles of Australia's built environment. Each style is presented in four ways: a descriptive essay with identifying photographs outlines the style’s context and character; a pictorial account illustrates the style’s distribution and geographical spread; in a further series of photographs the visual indicators of the style are enumerated; and finally a summary of the characteristics, setting and construction are given in the form of a checklist together with a list of key practitioners and select references.

Australian Heritage Commission, The Heritage of Western Australia - The Illustrated Register of the National Estate, (MacMillan Company, 1989).

This publication is an inventory of Western Australia's natural and cultural heritage. It divides the state into seven districts, outlines each building or site that has been registered, and explains why it is significant. Photographs accompany some of the text.

Cairns, Lorraine B. et al, Natural Heritage Places Handbook, Applying the Australian Heritage Charter to Conserve Places of Natural Significance, (World Conservation Union and the Australian Heritage Commission, 1998). Cairns, Lorraine B. Australian Natural Heritage Charter, Standards and Principles for the Conservation of Natural Heritage Significance, (Australian Heritage Commission, 1997). Davison, G. & McConville, C., (eds) A Heritage Handbook, (Allen & Unwin, North Sydney, 1991).

This publication is a concise, comprehensive guide to heritage issues in Australia. It emphasises the practicalities of heritage work by answering questions on: researching buildings, interpreting a historic site, what makes a building historic and how to present a case to a local council or planning authority. Although the emphasis is on Victoria, it answers many of the questions posed by the historical researcher interested in heritage issues and the built environment.


Marquis-Kyle, P. & M. Walker, The Illustrated Burra Charter: good practices for heritage places (Australia ICOMOS Inc., Sydney, 2004).

This book was prepared for Australia ICOMOS, with assistance from the Australian Heritage Commission, to explain the principles, processes and practice of The Burra Charter, and to show how the Charter has been used to care for many important places. The illustrations cover many regions of Australia and represent a wide range of places, all of which are recognised as culturally significant. They exemplify the sound conservation practice that the Charter advocates.

McAlpine, Jadranka, Study on the Implications of World Heritage Listing, (Environment Australia, 1998). Ministry for Planning, Perth Bushplan: Keeping the Bush in the City, (1999). Pearson, Michael and Sharon Sullivan, Looking After Heritage Places: The Basics of Heritage Planning for Managers, Landowners and Administrators, (Melbourne University Press, 1995).

A comprehensive reference and sourcebook for anyone managing heritage places, and involved in the preservation and conservation of heritage places, including information on: identifying a heritage place; assessing and documenting the site; implementing conservation practices; visitor management and international and Australian legislation.

UNESCO, Operational Guidelines for the Implementation of the World Heritage Convention, UNESCO (UNESCO, 1997). Vines, Elizabeth, Streetwise: a practical guide for the revitalisation of commercial heritage precincts and traditional mainstreets in Australian Cities and Towns, (National Trust of Australia, 1996).

This publication provides clear guidelines for new endeavours within the framework of established towns and cities, where new construction may conflict with familiar and rewarding places. While standard Australian planning codes have generally ignored the important issue of visual considerations, the various heritage acts have provided a basis for action. Vines explores through visual images the ways in which the built environment can be conserved and enhanced, taking into consideration more than just individual buildings.


World Heritage Centre, Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), (World Heritage Centre, Paris, 1974).

13.2 Specific References

In alphabetical order by subject ABORIGINAL HERITAGE ‘Guidelines for Aboriginal Heritage Assessment in Western Australia’ Aboriginal Affairs Department publication, 1999 ADAPTATIONS & ALTERATIONS New Uses For Old Buildings In Australia Anne Latreille, Peter Latreille, Peter Lovell, Oxford University Press, Melbourne (1982) Re-Architecture: Old Buildings/New Uses S. Cantacuzino, Thames & Hudson, London (1989) ARCHAEOLOGY ‘Historical Archaeological Sites: Investigation and Conservation Guidelines’ NSW Department of Planning, Heritage Council NSW (1993) ‘Industrial Archaeology’ R. Mackay (ed), National Trust (NSW) BUILDING CONSERVATION Building Conservation in Australia P. Freeman, E. Martin, J. Deans (eds) Royal Australian Institute of Architects: Education Division, Red Hill, ACT (1985) ‘Caring for Historic Buildings: guidelines for alterations and additions’ Historic Buildings Council (1993) ‘Common Terms and Abbreviations used in Heritage Conservation’


Heritage Practice Notes, Heritage Council of WA, Perth (1995) ‘Conservation and Restoration of Buildings: philosophy and approach’ Australian Council of National Trusts Conserving Buildings: guide to techniques and materials M.E. Weaver, John Wiley & Sons, Inc., New York (1993) Conservation of Historic Buildings B. M. Feilden, Butterworth Architecture, Oxford, (1994)

‘Facades: a policy paper’ National Trust (NSW) New Construction for Older Buildings P. Smeallie & P. Smith, John Wiley & Son, USA (1990) Practical Building Conservation, Vols. 1-5, Ashurst J., & Ashurst N., English Heritage Technical Handbook, Grover Technical Press, England (1988) Vol. 1 Stone masonry Vol. 2 Brick, terracotta and earth Vol. 3 Mortars, plasters and renders Vol. 4 Metals Vol. 5 Wood, glass and resins; & technical bibliography BUILDING CONTRACTS Building Conservation Contracts & Grant Aid K. Davey, E & FN Spon, UK (1992) BUILDING STYLES AND ARCHITECTURAL DETAIL Encyclopedia of Modern Architecture G. Hatje (ed.), Thames and Hudson, London (1963) From the Ground Up: Bristile, Whittakers and Metro Brick in Western Australian History Bryce Moore, UWA Press (1987) ‘The National Trust Research Manual: Investigating Buildings, Gardens and Cultural Landscapes’ National Trust


The Penguin Dictionary of Architecture J. Fleming and H. Pevsner, Penguin (1977) A Pictorial Guide to Identifying Australian Architecture: styles and terms from 1788 to present Richard Apperly, Robert Irving, Peter Reynolds, Angus & Robertson (1989) CLEANING ‘Principles of Cleaning Masonry Buildings: a guide to assist in the cleaning of masonry buildings’ Australian Council of National Trusts Technical Bulletin 3.1 A. H. Spry, National Trust of Australia (Vic), Melbourne (1982) ‘Removing Paint from old Buildings’ Heritage Practice Notes, Heritage Council of WA (1995) CONSERVATION ‘Principles of Conservation Work on Heritage Places’ Heritage Practice Notes, Heritage Council of WA (1995), HCWA

CONSERVATION PLANS ‘The Conservation Plan: a guide to the preparation of Conservation Plans for places of European cultural significance.’ J. Kerr, National Trust, New South Wales (2000) DAMPNESS IN BUILDINGS Damp Buildings: old and new G. & I. Massari, ICCROM, Rome (1993)


Dampness in Buildings A. C. Oliver, BSP Professional Books, Oxford (1988) Dampness in Buildings: Diagnosis, Treatment and Instructions T.A. Oxley & E.G. Gobert, Butterworths UK (1991) ‘The Need for old Buildings to Breathe’ P. Hughes, (1987), DOP ‘Rising Damp and its Treatment’ Heritage Practice Notes, Heritage Council of WA (1995) HCWA ‘Rising Damp and Salt Attack’ Heritage Conservation 3.8 David Young, South Australia Department of Environment and Natural Resources and the City of Adelaide (1995) DISABILITY ACCESS Access to Heritage Buildings for People with Disabilities Eric J. Martin (Cox Architects & Planners), Funded by Australian Heritage Commission National Estate Grant, sponsored by ACROD, ACT, August (1997) ECONOMIC ISSUES Economic Effects of Heritage Listing Urban Consulting Group, Commonwealth of Australia, Canberra (1995) ‘Fitout of a Modern Building vs Conservation of Heritage Buildings’ David Thomas, (paper presented at ICOMOS Conference, May 1994) FIRE Materials for Building, Vol. 4, ‘Heat and Fire and Their Effects’ Newnes-Butterworths, London (1976) ‘Upgrading the Fire Resistance of Timber-Panel Doors’ Heritage Council NSW Technical information Sheet


GARDENS ‘Parks, Gardens and Special Trees: a classification and assessment method for the Register of the National Estate’ Judith Ramsay, Australian Heritage Commission, Technical Publications Series No. 2 (1991)

HERITAGE AREAS Conservation Areas: Guidelines for Managing Change in Heritage Conservation Areas NSW Heritage Office and Department of Urban Affairs and Planning (1996)

HERITAGE LEGISLATION Western Australia: Aboriginal Heritage Act 1972 Environmental Protection Act 1986 Heritage of Western Australia Act 1990 Local Government Act 1995 Local Government (Miscellaneous Provisions) Act 1960 Maritime Archaeology Act 1973 National Trust of Australia Act (W.A.) 1964 Planning and Development Act 2005 Commonwealth: Australian Heritage Council Act 2003 (Cth) Environmental Protection and Biodiversity Conservation Act 1999 (Cth) <commas are not used to separate the title of an Act from the year of enactment when citing an Act of parliament>


INFILL DESIGN ‘Guildford Design Guidelines’ DPUD & Swan Shire (19—) ‘Infill: Guidelines for the Design of Infill Buildings’ Heritage Council of NSW & RAIA (1988) MAINTENANCE AND REPAIR ‘Check It - or how to prepare a logbook for the maintenance and repair of historic places’ Heritage Practice Notes, Heritage Council of WA, Perth (1995) HCWA ‘Conservation and Restoration of Buildings: preservation of roofs’ Australian Council of National Trusts

‘Emergency Repairs for Historic Buildings’, Aspects of Conservation: 1 E Michell, English Heritage/Butterworths, London (1988) The Maintenance of Heritage Assets - manual NSW Heritage Office & NSW Department of Public Works and Services 1998 ‘The Repair of Historic Buildings’, Aspects of Conservation: 3 C. Brereton, English Heritage/Butterworths, London (1991) Restoring old Australian Houses and Buildings: an architectural guide P. Cox & H. Tanner, MacMillan ( 1975) MASONRY AND TERRACOTTA ‘Building and Ornamental Stones of Australia’ R. T. Baker, Technical Education Series, 20, Technological Museum, Sydney (1995) ‘Cleaning of Stone Masonry’ Heritage Practice Notes, Heritage Council of WA, Perth (1995) ‘Conservation and Restoration of Buildings: preservation of masonry walls’ Australian Council of National Trusts


Conservation of Building and Decorative Stone, 2 volumes J. Ashurst & F. G. Dimes (eds), Butterworth and Heinemann series in Conservation and Museology, London (1990)

From the Ground Up: Bristile, Whittakers and Metro Brick in Western Australian History Bryce Moore, UWA Press (1987) ‘Masonry Renovation’ Heritage Practice Notes, Heritage Council of WA, Perth (1995) ‘Maintaining and Restoring Masonry Walls’, Proceedings of a NSW Institute of Technology Symposium, 2-3.2 1978 G. S. Gibbons (ed), The National Trust of Australia (NSW), Sydney (1978) ‘Old Bricks in Western Australia’ Heritage Practice Notes, Heritage Council of WA, Perth (1995) Practical Building Conservation: English Heritage Technical Handbook Volume 2: ‘Brick Terracotta and Earth’ Volume 3: ‘Mortars, Plasters and Renders’ J & N Ashurst, Gower Technical Press, UK (1988) ‘Rough Cast for Historic Buildings’ DOP A. Townsend, SPAB Information Sheet l0 ‘Stone Decay and Conservation’ G. G. Amoroso & V. Fassina, Materials Science Monographs, 11, Amsterdam (1983) Stone in Architecture: properties, durability E. M. Winkler, Springer-Verlag, Berlin, 3rd Edition (1994) ‘Stone Masonry in Western Australia’ Heritage Practice Notes Heritage Council of WA, Perth (1995) Traditional and Modern Building with Stone P. Kincaid, Hale & Ironmonger, Sydney (1991) ‘Tuck Pointing in Practice’ DOP J. Carey, SPAB Information Sheet 8


MEASURING & RECORDlNG ‘Guide to Recording Historic Buildings’ ICOMOS (UK), (1990) ‘How to Prepare Archival Records of Heritage Items’ NSW Department of Planning, (1993) Measure for Measure: A Practical Guide to Recording Buildings and Landscapes D. Dunbar, E. Martin et al, RAIA, (1990) Recording Historic Structures (HABS) J. Burns, American Institute of Architects Press (1989) METALS ‘Conservation of Metal Statuary and Architectural Deterioration in Open-air Exposure’, Proceedings of ICCROM Symposium, Paris, 6-8.10.1986 ICCROM, Rome (1987) ‘Corrugated Iron’ A. Warr, MA Thesis, University of York, York, UK (1989) The Fundamentals of Corrosion J. C. Scully, Pergamon Press Oxford, 3rd Edition (1990) An Introduction to Corrosion and Protection of Metals G. Wranglen, Chapman & Hall, London (1985) ‘Ironworks and iron monuments: study, conservation and adaptive use’ Proceedings of an ICCROM Symposium, Ironbridge, 23-25.10.1984, ICCROM, Rome (1985) Practical Building Conservation: English Heritage Technical Handbook: Volume 4: ‘Metals’ J & N Ashurst, Gower Technical Press (1988) PAINTS AND OTHER FINISHES ‘Basic Limewash’ SPAB, Information Sheet 1, (1991) ‘A Guide to Traditional Painting Techniques’


K. Gehrig, edited by D. Ellsmore, Research Study 9, Heritage Council NSW, Department of Planning, Sydney (1985) Introduction to Paint Chemistry and Principles of Paint Technology G. P. A. Turner, Chapman & Hall, London, 2nd Edition (1980) Paint Handbook G. E. Weismantel (ed), McGraw-Hill, New York (1981) PLASTERWORK Decorative Plasterwork - Repair and Restoration W.D. Stagg & R, Masters, Attic Books, UK (1986) Plastering: a craftsman’s encyclopaedia, 2nd Edition W. D. Stagg & B. F. Pegg, BSP Professional Books, Oxford (1989) Plasterwork: a practical guide J. Capon, Random House (1991) ROOFS Conservation and Restoration of Buildings: Preservation of Roofs Australia Council of National Trusts, Sydney (1979) TIMBER STRUCTURES Building Out Termites: an Australian manual for environmentally responsible control R. Verkerk, Pluto Press Australia, Leichhardt (1990) Historic Environment, Proceedings of the ‘Built in Wood Conference’, Vol. 6, Nos. 2 & 3 Council for the Historic Environment, Carlton & Australia ICOMOS, Sydney (1988) ‘Patching old Floorboards’ P. Hughes, SPAB Information Sheet 10 (1988) Practical Building Conservation: English Heritage Technical Handbook: ‘Wood, glass and resins’ (& technical bibliography) Volume 5 J & N Ashurst, Gower Technical Press, UK (1988)


Wood-Destroying Insects: wood borers and termites J. W. Creffield, CSIRO Publications, East Melbourne (1991) ‘Wood Deterioration in Buildings: a guide to the identification and treatment of wood deteriogens’, Australian Council of National Trusts Technical Bulletin 7.1 National Trust of Australia (Vic), Melbourne (1987) Wood in Australia: types, properties and uses K. R. Bootle, McGraw-Hill, Sydney (1983)


14. APPENDICES

A: Development Referral - Information Required Please select the highlighted text to view this document: Appendix B B: Draft Heritage Agreement Please select the highlighted text to view this document: Appendix C


Development Referral: Refer to the Heritage Council website at: www.heritage.wa.gov.au/owning-a-heritage-property/Development-and-Conservation/Development-Referrals.html Appendix B Development Referral - Information Required

Drawings Although details of proposals depend upon the type of work proposed, generally the types of drawings required are:

• original (if available), existing and proposed site plan clearly illustrating the location and extent of proposed new works and any existing building or landscape features;

• original (if available), existing and proposed scaled floor plans, sections and elevations of the building affected by the proposal, as existing; and

• a plan showing the proposed works with the extent of new construction or alterations coloured or hatched to clearly differentiate the new work from unaltered areas.

Drawings should accurately depict:

• any elements to be demolished; • dimensions of any new additions; • appearance and materials proposed in any new work; • areas to be painted or plastered.

Drawings should be numbered, dated and titled. The author of the drawings should be identified. Specifications Where appropriate, a written specification should be submitted, particularly where it clarifies details of proposed finishes, colours, materials, style and form. Photographs Photographs that record the setting, buildings or parts of a building, and landscape features that the proposal will affect, should be submitted. Photographic records of the place in previous times are very useful, especially where reconstruction is proposed.

http://www.heritage.wa.gov.au/owning-a-heritage-property/Development-and-Conservation/Development-Referrals.html

http://www.heritage.wa.gov.au/owning-a-heritage-property/Development-and-Conservation/Development-Referrals.html


Conservation Plan Where major works are contemplated, it is desirable to have a Conservation Plan for the place, undertaken by a recognised conservation professional. The Conservation Plan will clearly identify the elements that comprise the cultural heritage significance of the place, and will include a conservation policy providing policy statements on how the conservation of the place may best be achieved in the short and long term. The Conservation Policy is an essential prerequisite to making decisions about the future of the place. If only minor works are proposed, a much shorter analysis of what is significant and worth retaining should be possible. Heritage Impact Statement A statement should be submitted that identifies how the proposed works or future use will affect the cultural heritage significance of the place. Where a Conservation Plan exists for the place, the proposed development should address the Conservation Policy and any urgent works identified. Copies required Two copies of drawings illustrating the proposed works are required; one copy should be A4 or A3 size. One copy of separate supporting information, such as photographs.


Appendix C Draft Heritage Agreement

Refer to Heritage Council of WA website

http://www.heritage.wa.gov.au/assets/files/General_Publications/Heritage%20Agreements.pdf EXAMPLE ONLY Heritage Council of Western Australia and

________________________________ [Name of Party] HERITAGE AGREEMENT _____________________________________________ [Name & Address of Place]

http://www.heritage.wa.gov.au/assets/files/General_Publications/Heritage%20Agreements.pdf

http://www.heritage.wa.gov.au/assets/files/General_Publications/Heritage%20Agreements.pdf


HERITAGE AGREEMENT Name of Place THIS AGREEMENT is made on the day of 201_ between the following parties: 1. HERITAGE COUNCIL OF WESTERN AUSTRALIA of 108 Adelaide

Terrace, East Perth, (the "Council"); and 2.

________________________________________________________________________ (the "Owner");

RECITALS: A. The __________________________________ is the registered proprietor

of the land. B. The Place is entered in the Register of Heritage Places on a permanent

basis pursuant to the Act.

AGREEMENT: The parties agree with each other as follows. Part 1 Definitions & Interpretation 1.1 Definitions In this Agreement, unless the contrary intention appears: "Act" means the Heritage of Western Australia Act 1990; "this Agreement" means this agreement as it may from time to time be varied as permitted by its terms; "Conservation Plan" means the Conservation Plan in respect of the Place described in item 4 of the Schedule as may from time to time be varied with the approval of the Council; "Conservation Works" means the works specified in item 5 of the Schedule; "Construction Completion Date" means the date that is eighteen (18) months from the Effective Date of this agreement. "Construction Period" means: (a) the period commencing on the Effective Date and expiring on the

Construction Completion Date; or (b) any longer period agreed between the Council and the Owner of the Place in

writing; "Damage" means losses, costs, damages, liabilities, expenses, actions, suits or claims of any kind;


"Effective Date" means the date on which this Agreement is sealed by the Council; "Event of Default" is defined in clause 5.1; "Land" means the land described in Item 3 of the Schedule; "Minister" means the Minister responsible for the administration of the Act; "Owner" means: (a) ____________________________ , for so long as the

___________________ is the registered proprietor; (b) any other owners of the Land, "Owner" having the meaning ascribed to it

by section 3(2) of the Act; "Place" means the place described in Item 1 of the Schedule and situated on, or forming part or the whole of, the Land; "Significant Fabric" means those parts of the fabric of the Place as are specified in Item 2 of the Schedule; and words and expressions having defined meanings in the Act, unless otherwise defined in this clause, have the meanings so defined in the Act. 1.2 Interpretation In this Agreement, unless the contrary intention appears: (a) a reference to any statute, regulation, proclamation, ordinance or by-law

includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(b) a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally;

(c) no rules of construction apply to the disadvantage of a party on the basis that that party was responsible for the preparation of this Agreement or any part of it.

Part 2 Commencement, Duration and Scope of this Agreement 2.1 Commencement and duration of this Agreement Subject to the provisions of this Agreement, this Agreement commences on the Effective Date and shall be of permanent effect unless terminated with the written consent of the Council. 2.2 Scope of this Agreement (a) This Agreement:


(1) applies to the land and the Place; (2) binds the land and the Place; and (3) binds the Owner.

(b) All of the obligations of the Owner under this Agreement are covenants made pursuant to section 29(10) of the Act and are intended to run with the Land.

(c) The rights and obligations of the Owner under this Agreement are not assignable by the Owner without the prior written consent of the Council.

(d) Subject to sub-clause (e), on an Owner transferring the whole of the interest of that Owner in the Place and the Land to another person, the transferring Owner is released from all personal liability under this Agreement.

(e) The provisions of sub-clause (d) will not apply in respect of any liability or claim which arose prior to the date of registration of the transfer of the whole of the interest of the transferring Owner to another person.

Part 3 Development and Conservation 3.1 Conservation Works, Development (a) The Owner must undertake the conservation of the Place in accordance

with the Conservation Plan and is required to carry out the conservation works described in item 5 of the Schedule.

(b) The Owner shall not: (1) carry out any development on or of the Place; or (2) without prejudice to the generality of sub-clause (b)(1), do or permit

to be done anything on or in relation to the Place which adversely affects the cultural heritage significance or characteristics of the Place,

except as permitted by this clause or as otherwise approved in advance in writing by the Council.

3.2 Conservation Consultant (a) The Owner must appoint a consultant approved in advance in writing by

the Council to supervise the Conservation Works, and must commission the consultant to provide the Council with written progress reports detailing the Conservation Works which have been completed.

(b) The written progress reports must be submitted to the Council (a) every six months during the Construction Period, and (b) within one month of completion of the Conservation Works as defined in this agreement.


3.3 Maintenance The Owner shall maintain the Significant Fabric, as restored and adapted with the approval of the Council, in a proper, safe and sound standard of repair and condition in all respects to the reasonable satisfaction of the Council.

3.4 Compliance with Statutes Nothing in this Agreement removes, limits or modifies the obligations on the Owner to comply with all relevant statutory and other requirements in connection with the development of the Land, and the Owner is responsible for obtaining all approvals consents and licences required for development of the Land, including planning approvals and building licences, from all relevant bodies and authorities including the local government authority.

3.5 Permanent Registration The owner agrees to the Place being entered into the Register of Heritage Places on a permanent basis.

Part 4 Council's Rights of Entry and Powers of Inspection 4.1 Council's rights of entry and powers of inspection (a) Subject to sub-clause (b) the Council shall, through its nominated

representative or nominated officer from time to time, have the power to enter the Place at reasonable times, and on reasonable prior notice, for any purpose related to the provisions of this Agreement, including without limitation to inspect the Place with a view to ensuring compliance with the provisions of this Agreement.

(b) Subject to sub-clause (c), the Council will comply with any reasonable requirement imposed by the Owner for the purpose of exercising the rights of the Council under sub-clause (a).

(c) The Owner must do all things necessary to enable the Council to exercise its rights of inspection as set out in sub-clause (a), including without limitation ensuring that reasonable access is provided to all parts of the Place and ensuring access to and use of any facility at the Place which is necessary to facilitate inspection.

Part 5 Default 5.1 Events of Default An Event of Default occurs if:

(1) the Owner is in breach of or does not comply with any of its obligations under this Agreement and the breach or non-compliance continues for 30 days, or such longer period as is reasonable for rectification having regard to the nature of the


breach or non-compliance, after receipt of written notice from the Council to effect compliance; or

(2) the Owner repudiates or commits a fundamental breach of this Agreement.

5.2 Rights and remedies of Council In the event any Event of Default occurs, the Council shall be entitled to exercise any one or more of the following powers: (a) through its agents, contractors or employees enter the Place and take

such actions as are in the Council's opinion necessary to rectify the Event of Default (including attending to any construction or other works); together with or separately from

(b) any rights and remedies which may be available to the Council at law or in equity; together with or separately from

(c) the rights, powers and remedies available to the Council under the Act, and nothing in this Agreement limits or prejudices or shall hinder the exercise by the Council or the Minister or any other person of any of the rights, powers or remedies available to the Council, the Minister or that person under the Act if an Event of Default occurs, or any other event occurs which is a breach of any provision of the Act. 5.3 Land and Place at risk of Owner The Land and the Place shall remain at the risk of the Owner in all respects, notwithstanding any provisions in this Agreement dealing with the development of the Land or the Place and without limitation all development of the Land or the Place shall be conducted entirely at the risk of the Owner and the Owner shall indemnify and keep indemnified and save harmless the Council, the Minister and any of their respective servants or agents against all Damage incurred or suffered by any of them arising from or in connection with the development or occupation of the Land or the Place by the Owner or any person claiming through or under the Owner. 5.4 Interest on overdue money If the Owner becomes liable to pay any amount of money to the Council pursuant to this Agreement or arising from any matter the subject of this Agreement, the Owner shall pay to the Council interest on that amount from and including the due date for payment of the amount to but excluding the actual date of payment of that amount. The interest is to be paid on demand by the Council, is to be calculated on daily balances, and is to be at the rate then payable on judgment debts pursuant to the provisions of the Supreme Court Act.


Part 6 General 6.1 Variation to be in writing No variation of this Agreement will be effective unless in writing and executed by the Council and the Owner. 6.2 Governing Law This Agreement is governed by the laws of the State of Western Australia and the parties submit to the jurisdiction of that State. 6.3 Further assurances Each party shall do all things and execute all further documents as are necessary to give full effect to this Agreement. 6.4 Extension of time by Council The Council may, at the Council's discretion and by written notice to the Owner, extend any time period for performance by the Owner of any of its obligations under this Agreement. 6.5 Costs (a) The Owner shall pay or reimburse the Council on demand for all the

Council's costs and expenses in relation to: (1) the exercise or enforcement by the Council of any right, power or

remedy under this Agreement; and (2) any act or omission by the Owner causing Damage to the Council, including the Council's legal costs and expenses.

(b) Each party shall pay all its own legal costs and expenses in relation to the preparation, execution and stamping of this Agreement.


The Schedule Item 1: [Name of Place] which is situated at [Address] and

consists of the Land described in Item 3 and the works and buildings on it.

Item 2: Significant Fabric

The whole of the Place.

Item 3: The whole of [lot details] comprised in Certificate of Title Vol ____ Fol _____

Item 4: Conservation Plan

[Name of Conservation Plan] Conservation Plan, prepared by [Name] for the ________________________, c.[year], a copy of which is appended to this agreement as Annexure A.

Item 5. Conservation Works The Schedule of works described in Annexure B.


EXECUTED AS A DEED.

THE COMMON SEAL of the HERITAGE COUNCIL OF WESTERN AUSTRALIA was hereunto affixed in the presence of:

) ) )

______________________________________ Signature of authorised person ______________________________________ Office held ______________________________________ Name of authorised person

______________________________________ Signature of authorised person ______________________________________ Office held ______________________________________ Name of authorised person

Signed by: ______________________________________ Signature of authorised person In the presence of: ______________________________________ Signature of Witness ______________________________________ Name of Witness (please print)

______________________________________ Signature of authorised person In the presence of: ______________________________________ Signature of Witness ______________________________________ Name of Witness (please print)


CERTIFICATE UNDER SECTION 32 OF THE HERITAGE OF WESTERN AUSTRALIA ACT 1990 I, The Hon. John Castrilli, MLA, Minister for Heritage, hereby certify that this Agreement is necessary for the purposes of, and complies with, the Heritage of Western Australia Act. Dated the day of 20 ____________________________________ MINISTER FOR HERITAGE


Annexure B EXAMPLE ONLY CONSERVATION WORKS Building: • Structural inspection should precede any refurbishment work and to include

inspection of the subsiding Dining Room and the cracking under the Master Bedroom ensuite.

• Make good verandah structure. • Jack and restump north end of Dining Room. • Remove concrete floor to rear stair, redirect drainage, treat walls for damp,

make good floor. • Replace aluminium joinery to main stone building in timber to match original. • Replace defective verandah boards • Remove asbestos lining to verandah, investigate fixing of original lining and

replace with mini orb or match boarding as appropriate. • The bathroom block is badly drained externally and requires substantial

attention. • Replace steel balustrade with timber, scrolled 125 x 75 handrail and 40 x 40

balusters at 165 mm centres, 75 x 50 bottom rail and triangulated supports, all to match original detail.

• Replace modern door hardware with mortice locks and handles of appropriate 1914 detail.

• Investigate by scraping the original and subsequent paint colours to stone section and establish a compatible colour scheme with an Architect recommended by the Heritage Council of WA.

• Investigate removal of paint from quoins - alternatively investigate colour of original render and paint to match.

Grounds: • A master landscape plan should be prepared for the enhancement of the

grounds to provide an appropriate setting for the building. The master plan should incorporate new plantings of appropriate species, traditionally grown in Albany, restore former features such as the rock edging to the driveway and path and remove intrusive elements, such as dead trees, inadequate drainage and inappropriate planting.

• Existing marri trees to be appropriately managed to prolong their life. • New planting of marri should be made within the framework of a landscape


master plan for the enhancement of the grounds to ensure continuity of this species.

• It is important that plantings of marri and other indigenous species should be propagated from plant stock of the local forms, is taken from the Albany area.

• Features which have been identified as intrusive should be removed, replaced of upgraded.

• The Washington palm growing on the south elevation should be removed while it is still relatively small and replanted in a suitable location on the site or elsewhere.

• A new parking area should be formed at the top of the main driveway, but at a distance from the house. In general, parking in front of the main entrance and adjacent verandahs should not be permitted.


Office of Heritage, Edited by: Joel Gilman – 8 October 2010 Karen Jackson – 13 October 2010 Callum Crofton – 15 October 2010 Karmen Grzetic – 18 November 2010 Jenni Williams – 19 November 2010

Heritage Manual for State Government

Documents