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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-10-29 Daily Xml
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Heritage Protection

1418 The Hon. A. PICCOLO (Light) (24 September 2019). Do you agree with the recommendation, contained in the first report of the Environment, Resources and Development Committee's inquiry into heritage reform, which advocates: 'initially transferring all items that are registered on existing heritage and planning databases to the Planning and Design Code', as this statement applies to contributory items?

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning): I have been advised the following:

The introduction of a new planning and development system provides the opportunity to provide a consistent policy approach to heritage and character within South Australia. The commission has commenced a conversation with the South Australian community about consistent and fair development controls in relation to heritage and character in this state.

This builds on the work of the expert panel for planning reform from 2014 that found confusion between heritage and character, including the rise of various quasi-heritage terms, such as contributory items and historic conservation zones, showing how these issues may be confused.

Specifically, both our current planning legislation and new planning legislation set up a scheme for heritage. The scheme recognises:

state heritage places under the Heritage Places Act

Local Heritage Places – being 'places of local heritage value', which must satisfy one or more of the listed criteria in section 23 of the Development Act 1993 or section 67 of the Planning, Development and Infrastructure Act 2016.

To be listed, both state and local heritage places must go through a process of assessment against legislated review. They must be assessed by experts in the field of heritage. Under the new planning legislation, landowners have the right to be consulted of the proposed listing and have a right of appeal against the decision to designate a place as a place of local heritage value.

It is neither practical nor appropriate to establish a scheme that has the same effect as the legislative process but does not afford the owners with the same rights. There must be a material difference between the policy controls for places of local heritage value listed through a statutory process under the Planning, Development and Infrastructure Act 2016 (PDI Act), and the policy controls for other places which do not satisfy heritage criteria set out in section 67 of the PDI Act.

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