Changes to the way cultural heritage is managed and protected in Queensland have taken effect with amendments to the Queensland Heritage Act 1992 and new Queensland Heritage Regulation 2015 commencing. The changes are part of the modernisation of the way heritage is regulated and seek to strengthen the regime whilst removing unnecessary burdens on owners and proponents

Queensland Heritage Act

The Queensland Heritage Act is the primary legislation in Queensland for the protection of cultural heritage. On 1 September 2015, a number of amendments to the Act took effect when provisions of the Queensland Heritage and Other Legislation Amendment Act 2014, which were passed by the former Parliament, commenced. Key changes include:

  • operational changes in respect of the Queensland Heritage Council;
  • more flexibility to make minor changes to the Queensland heritage register;
  • greater clarity about the documentation required to make an application to remove a place from the Queensland heritage register;
  • providing local governments with greater powers to manage and protect local heritage places;
  • new provisions in relation to archaeological places and shipwrecks.

Queensland Heritage Regulation

A new Queensland Heritage Regulation 2015 has commenced replacing the former Queensland Heritage Regulation 2003. The new regulation contains various provisions to support the operation of the Act and has been updated to align with the most recent changes to the Act.

Among other things, the Regulation prescribes a Code for IDAS for development on a local heritage place on a local heritage register. The new code is basically similar to the former code with some minor variations made to align it with the Queensland Planning Provisions.