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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-06-05 Daily Xml
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Statutes Amendment (Heritage) Bill

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:19): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Government committed to introduce legislation to require that proposed demolition of State Heritage Places be subject to full public consultation and a public report from the South Australian Heritage Council (SAHC), and that the report is to be tabled in Parliament.

The commitment required the Department for Environment and Water to undertake a review of the existing legislative framework used to evaluate proposals for demolition of State Heritage Places and determine how it can be modified or supported by a new process that ultimately provides greater emphasis on the protection of these places from demolition and more transparency of decision making.

To achieve the Protect State Heritage Places' election commitment, the Statutes Amendment (Heritage) Bill 2025 was prepared.

The Statutes Amendment (Heritage) Bill 2025 outlines that on an application to demolish the whole of a State Heritage Place, the South Australian Heritage Council are to prepare a Report within a 10-week period; the report will assess the heritage significance of the place in accordance with section 16(1) of the Heritage Places Act 1993 (HP Act).

Additionally, the Statutes Amendment (Heritage) Bill 2025 requires:

the SAHC to publish a copy of the report and invite public submission within a 4-week period;

the SAHC to finalise the report within 4 weeks of the end of consultation and provide it to the Minister responsible for the HP Act; and

the report to be laid before both Houses of Parliament within 5 sitting days of receipt.

A consequential legislative amendment to the Planning, Development and Infrastructure Act 2016 was drafted to:

require that an application for consent to, or approval of, a development involving the demolition of the whole of a State heritage place be accompanied by a finalised report prepared by the SAHC.

The amendment to the Planning, Development and Infrastructure Act 2016 will alert a proponent, through the planning system, as to the need to apply for the report.

The government supports this bill and commends it to the house.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Heritage Places Act 1993

3—Amendment of section 3—Interpretation

4—Amendment of section 5A—Functions of the Council

5—Amendment of section 14—Content of Register

6—Amendment of section 18—Submissions etc in relation to provisional entries in Register and related designations

7—Amendment of section 24—Alteration of Register if place to be designated as place of local heritage value

8—Amendment of section 33—Effect of heritage agreement

9—Amendment of section 36—Damage or neglect

These clauses update obsolete references and terminology.

10—Insertion of section 37

This clause inserts new section 37 as follows:

37—Assessment of State Heritage Place

The proposed section sets out the process for a person considering undertaking development involving the demolition of the whole of a State Heritage Place to apply to the South Australian Heritage Council for a report in relation to the State Heritage Place. The section also sets out requirements in relation to the contents of the report, public consultation on the report and the publication of the report.

11—Amendment of section 38—No development orders

This clause updates an obsolete reference.

12—Amendment of section 45—Regulations

This clause makes several technical amendments to the existing general regulation making power in the Act.

13—Amendment of Schedule 2—Heritage agreement relating to Beechwood Garden

This clause updates an obsolete reference.

Part 3—Amendment of Planning, Development and Infrastructure Act 2016

14—Amendment of section 3—Interpretation

This amendment is technical.

15—Insertion of section 119A

This clause inserts new section 119A as follows:

119A—Requirement for application involving demolition of State heritage place

The proposed section requires an application in relation to a development involving the demolition of the whole of a State heritage place to be accompanied by a finalised report prepared by the South Australian Heritage Council.

Debate adjourned on motion of Hon. D.G.E. Hood.

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