New Heritage Act
Review of Existing Legislation
The Government has completed a thorough review the Northern Territory Heritage Conservation Act 1991. The Government has recognised the fact that the existing Act has a number of problems including:
- all effective power lies with the Minister, even for minor decisions;
- limited provision for provisional protection of places;
- no time limits for decision-making in relation to declaration of heritage places; and
- limited avenues for appeal.
An extensive public consultation process took place in 2003 and 2004, which found that there was strong support for addressing these problems, as well as for protection of a wider range of places, and increased penalties.
In February 2010 an 'exposure draft' of a Bill for a new Heritage Act for the Northern Territory was released.
In February 2010 an 'exposure draft' of a Bill for a new Heritage Act for the Northern Territory was released.
Update
A Bill for a new Heritage Act was passed in the Legislative Assembly on 25 October 2011.
The key features of the Bill are:
- A new process for heritage listing which introduces timelines at all stages of the listing process, and allows for interim protection of places assessed as being worthy of heritage listing;
- improved processes for carrying out work;
- an expanded Heritage Council;
- the capacity to list classes of places;
- increased penalties; and
- expanded rights of review.
The new Heritage Act is expected to commence in early 2012.
If you have any further queries about the new Act, you may contact Mr Michael Wells, Director Heritage Branch on (08) 8999 5036.