heritage guide for tweed council staff prepared by ainsworth heritage november 2011. for tweed shire...

HERITAGE GUIDE FOR TWEED COUNCIL STAFF V2.0 August 2012

Prepared by Ainsworth Heritage November 2011

for Tweed Shire Council

Division Planning and Regulation

Section Building and Environmental Health

File reference GT1/LEP/2010/Heritage/CHS

Historical reference V1.0 December 2011 for Public exhibition

V2.0 August 2012 post exhibition

Table of Contents

Contents i

PART A: Background and aims ....................................................................................... 1

Introduction ........................................................................................................................ 1

Background ........................................................................................................................ 1

Aims of the guide ............................................................................................................... 1

The role of Council ............................................................................................................. 2

The role of the owner ......................................................................................................... 2

Part B Understanding the meaning of significance .......................................................... 3

Why are properties and sites listed? .................................................................................. 3

What is cultural heritage and heritage significance? .......................................................... 3

How is heritage significance determined? .......................................................................... 4

1 Historic significance ................................................................................................. 4

2 Associative significance .......................................................................................... 5

3 Social significance ................................................................................................... 5

4 Aesthetic significance .............................................................................................. 5

5 Scientific significance .............................................................................................. 6

6 Rarity ....................................................................................................................... 6

7 Representativeness ................................................................................................. 6

What are the types of heritage sites? ................................................................................. 6

What are the levels of heritage significance? ..................................................................... 7

Local significance ........................................................................................................... 7

State significance ........................................................................................................... 7

National significance....................................................................................................... 8

World significance .......................................................................................................... 8

Where are heritage items listed? ....................................................................................... 8

Local Environment Plan Heritage Schedule ................................................................... 8

The SEPP (North Coast Regional Environmental Plan) 1988 (NCREP) ........................ 9

NSW State Heritage Register ......................................................................................... 9

Section 170 Registers .................................................................................................. 10

National Heritage List & Commonwealth Heritage List ................................................. 10

UNESCO World Heritage List ....................................................................................... 11

Other (non-statutory) Heritage Lists ............................................................................. 11

What is the difference between heritage significance and heritage listing? ..................... 11

Part C: Legislative heritage requirements ....................................................................... 13

Table of Contents

Contents ii

Tweed Shire Local Environment Plan........................................................................... 13

SEPP (North Coast Regional Environment Plan), 1988 (NCREP) ............................... 13

NSW Heritage Act, 1977 .............................................................................................. 14

NSW National Parks and Wildlife Act, 1974 ................................................................. 15

Environmental Planning and Assessment Act, 1979 .................................................... 15

Environmental Protection and Biodiversity Conservation Act, 1999 ............................. 16

State Environmental Planning Policy (Exempt and Complying Development Code) 2008, Code SEPP ........................................................................................................ 16

PART D – The Heritage Development Application Process ........................................... 17

STEP 1: Initial project planning, legislation and providing advice .................................... 20

Providing Site Data Cards and the Tweed Heritage Inventory ..................................... 21

Exempt development under the SEPP (Exempt and Complying Development Codes) 2008 ............................................................................................................................. 23

Standard Maintenance and Repair ............................................................................... 23

STEP 2: Assessing the level of impact and the Statement of Heritage Impact (SOHI) .... 24

Statements of Heritage Impact ......................................................................................... 25

Consultant registers...................................................................................................... 27

What if protecting the significance may be better achieved through another use? - Heritage Incentives .......................................................................................................... 27

Step 3 – Assessing the SOHI ........................................................................................... 27

Step 4 – Implementing the SOHI ..................................................................................... 28

Conditions of consent ...................................................................................................... 28

Archival recordings .......................................................................................................... 28

Archaeological works ....................................................................................................... 28

Final process reporting..................................................................................................... 29

Step 5 Information management processes ..................................................................... 29

Providing histories to the local archives ........................................................................... 29

Updating the Tweed heritage database ........................................................................... 29

Part E: Further assistance for heritage owners .............................................................. 30

Local heritage assistance funding .................................................................................... 30

Heritage advisor ............................................................................................................... 30

Appendix A – Locating legislation and other information ................................................. 31

Heritage Guide for Tweed Council Staff

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PART A: Background and aims

Introduc tion The Heritage Guide for Tweed Council Staff (The Guide) was compiled as part of the Tweed Shire Community Based Heritage Study and Management Plan 2011 (CBHS 2011), which was undertaken to identify, assess, list and manage the non-Aboriginal cultural heritage of the Tweed Shire. The Guide has been designed to assist Council Staff involved in managing Heritage items in the Tweed Shire, which are listed as an item or conservation area of cultural heritage significance in the Tweed Local Environment Plan or State Heritage Register and in understanding what that listing means to both Council and the owner of the property. The Guide provides an overview of how the heritage system works; the legislative requirements of heritage; what owners can and cannot do with listed properties; how to undertake Development Applications and assessments for listed properties; and how to provide advice to owners regarding the advantages and grants funding that is available to them as owners of heritage sites in years to come.

B ac kground The CBHS process began in 2001, with local volunteers drawn from the Historical Societies of Murwillumbah, Tweed Heads, Uki and South Arm, community organizations, individuals and the Council Staff to assist in various roles within the CBHS in 2002. A draft report was submitted to Tweed Council, along with a Thematic History in 2003, which identified over 400 individual items and precincts. The report was submitted for public exhibition in 2007. Following review of submission and reporting to Council in August 2007, the list of items for inclusion on the LEP was reduced to its current list of items and six conservation areas. Since 2004 the CBHS has remained in draft form. In 2011, the CBHS was reviewed and updated, to ensure that it provides recommendations and planning tools that are compatible with the current Tweed Local Environmental Plan (LEP), draft Tweed LEP 2010 and current Council internal processes for planning and development.

Aims of the guide The Guide is the direct result of the last stage of the CBHS 2011 development, aiming to provide Council Staff with the information required to understand how the heritage system works, the legislative requirements, how to manage heritage and what to consider in assessment of works to these items and areas. The specific aims of the Guide are to:

• Provide a comprehensive point of reference for the management of heritage in the Tweed;

• Provide details on how the heritage system works and outline the legislative requirements;


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• Outline information sources to ensure heritage is better understood, appreciated and managed;

• Ensure there is a standard approach to assessing and conditioning development applications relating to heritage items or conservation areas in the Tweed Shire;

• Outline Council processes for the ongoing reporting and updating of heritage lists and information;

• Provide information that allows Council staff to assist owners in maintaining and using their properties in ways which are beneficial to the owner and also maintain the heritage significance of the properties; and

• Increase the community’s sense of ownership of its heritage assets.

T he role of C ounc il Tweed Shire Council is the consent authority, the government body, responsible for assessing any proposed development within the Tweed Shire, which may impact heritage significance that is within the Tweed Shire. For items with State and National significance, other consent authorities at that level are also involved. Tweed Council planning seeks to protect and preserve the heritage of the Tweed Shire for the benefit of all Tweed Residents, including:

• Conserve the environmental heritage of the Tweed;

• Ensure that any development does not adversely affect the heritage significance of items and areas;

• To provide for public involvement in heritage conservation, and

• To integrate heritage conservation into the planning and development control process.

T he role of the owner The role of the owner of a heritage property, or a proponent whose development may impact a heritage site’s significance, is to:

• Ensure that their actions aim first and foremost to avoid impact upon the significance of a place;

• Ensure that should impact be unavoidable, the next step is to mitigate (minimise) the impact through modifying work plans and methods to ensure that there is as little impact upon the of the item’s significance as possible; and

• Ensure, should impact be unavoidable, that they record the state of the place before and after impact has occurred, to ensure a there is a historical record.


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Part B Understanding the meaning of significance

Why are properties and s ites lis ted? Under NSW Sate Legislation, every Local Government is required to indentify and record items of potential heritage significance, assess their significance and where required, list those items on the local and/or State heritage registers should they be considered of local or State significance. These sites, objects and properties are then provided legal protection from unapproved changes which could impact upon the significance of the place, item or property. This relatively simple process follows several well defined steps, outlined in the following sections, providing an overview of how and why a property is listed. Heritage listing is not used to stop, change or inhibit growth. Instead heritage listing is used to identify items and places where there are cultural values and to ensure that due consideration is given to these values in any development. Development to a heritage listed item is not about replicating the past history or architecture, but about respecting the past history and architecture of the item or place and ensuring modern development is sympathetic to the significance of the heritage. Heritage buildings are best cared for when they are lived in, cherished and utilised.

What is c ultural heritage and heritage s ignific anc e? “Local heritage makes the greatest contribution to forming our living historic environment, more so than the small number of outstanding items of state, national or world significance. Greater than the sum of its parts, the varied collection of local heritage in an area enriches its character and gives identity to a neighbourhood, region or town in a way that cannot be reproduced. Local heritage is often what makes an area distinctive or exclusive in the long-term, even if the heritage features were once in a neglected state or considered unremarkable…”1

Heritage significance is the measure by which an item or items contribute to the greater whole of our shared heritage. For some items, this significance is manifest and is recognised across the world as having contributed to the entire human race, most other items however, are important to smaller geographic regions, be they countries, provinces or local areas. Items of potential significance, identified by individuals or the community, are subjected to a standard process, which investigates the item’s potential and weighs its values against many factors, determining the item’s overall significance and its place within the cultural and natural landscape. In order to determine the appropriate management for an item, its significance must be determined so that a framework for understanding its place within the larger cultural

1 Heritage Council of NSW. 2008. Levels of Heritage Significance. p.4.


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landscape can be understood. The item can then be managed, in accordance with the requirement of that part of the cultural landscape and its statutory legislation. The aim of any significance assessment is to provide a brief and succinct summary of an items heritage value and how that value relates to the wider cultural and natural landscape. This is usually undertaken by:

• Primary and secondary research into historic and other pertinent documents which relate to the item, its use, function and history;

• A physical inspection of the item itself, investigating the structure, materials and methods that created it; and

• A comparative analysis of the item with similar items, demonstrating the similarities and differences between the item and those it is being compared with.

Once the investigation is complete, the values are assigned to one or more of criteria of significance and a Statement of Significance (SOS) is produced. The Statement of Heritage Impact (SOHI) is used as a resource for the ongoing management and preservation of the item’s heritage significance within the natural and cultural landscape.

How is heritage s ignific anc e determined? There are seven recognised criteria of significance in NSW, with an item considered significant if its values are recognised in two or more criteria for local and state significance. The following descriptions of significance are taken from the NSW Heritage Branches’ publication Assessing Heritage Significance. The NSW criteria are based closely upon those of the International Council on Monuments and Sites (ICOMOS) Burra Charter. 1 His toric s ignific ance

An item is important in the course, or pattern, of NSW’s cultural or natural history (or the cultural or natural history of the local area).

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to demonstrate a prominent place within the history of the Tweed, NSW or Australia. This criterion relates to how a place demonstrates the identified historic themes for an area and how it represents a local area’s history. Example: The Government Wharf remains demonstrating the history of water-based transport and commercial development in Murwillumbah.


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2 As s oc iative s ignific anc e

An item has a strong or special association with the life or works of a person, or a group of persons, of importance in NSW’s cultural or natural history (or the cultural or natural history of the local area)

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to be associated with a prominent person, or persons, who have contributed in a meaningful way to the history and development of the local area, NSW or Australia. At the local level, this association with the prominent person / group of persons needs to be a strong association, i.e. the primary residence/farm/workplace of an important local businessman. Example: Lisnagar House is intimately associated with the Twohill family, one of the important early families in the history of the Tweed. 3 S oc ial s ignificance

An item has strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons.

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to demonstrate an importance to a contemporary social group of the local area, NSW or Australian makeup and distribution. For example, showgrounds often have high social significance for rural towns and churches often have high significance for their congregations. Example: The Burringbar War Memorial Cenotaph is an important ceremonial and social site for the local residents. 4 Aes thetic s ignific ance

An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW.

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to demonstrate pleasing visual qualities that set them apart from others within the local area, NSW or Australia and that contribute to their prime significance. Example: The Murwillumbah Main Street demonstrates the aesthetic characteristics of the early 1920s-1940s period of development within the town of Murwillumbah.


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5 S c ientific s ignificance

An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area).

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to demonstrate research potential sufficient to provide additional knowledge to the local area, NSW or Australia. Sites that have high research value are often archaeological sites, which have the potential to provide information that is not available from historic documents and buildings that are rare, as they may be the last evidence of their type of construction. Example: Sites such as cemeteries or the locations of early homesteads can tell us much of past lifestyles when examined by a professional Archaeologist. 6 R arity

An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area).

Therefore heritage items in the Tweed Shire, in order to be considered significant, would need to be considered rare to the local area, NSW or Australia. Rarity is established through a process of comparative analysis – i.e. establishing a “type” of heritage place (e.g. a 1910s timber cottage) and finding all available examples of this type within a region to establish if it is a rare example. Example: The Queen Street, Murwillumbah Toilet Block is an excellent example of a rare item, due to its architectural style and detailing. Additionally, this does not mean the item has to be old, merely rare. 7 R epres entativenes s

An item is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places or environments (or the local area’s cultural or natural places or environments).

Therefore, heritage items in the Tweed Shire, in order to be considered significant, would need to be considered good examples of their type within the local area, NSW or Australia. To be considered a good representative example, a place must have high “integrity” – that is, it needs to retain most of its important physical attributes and characteristics, should be in good condition and should have retained a large amount of its original fabric. Example: The Uki Conservation Area is a good representative example of a largely intact rural village of the Northern Rivers.

What are the types of heritage s ites ? Significance can be based on several different types or categories of place, all of which are still assessed against the seven criteria above, with some sites having several of the following types of site within them. These categories include:


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• Archaeological – Based on the material remains left by previous generations and deposited in layers, which require excavation and analysis to interpret;

• Built – Based upon the built environment, something which largely post-dates the arrivals of Europeans in Australia;

• Natural – Based upon a recognition of the values of natural landscapes and features;

• Moveable – Based upon collections of objects which have individual or collective significance; and

• Aboriginal – Which is concerned with all heritage associated with Aboriginal peoples. Note that in NSW, like most Australian jurisdictions, Aboriginal heritage is governed by separate legislation.

Types of sites are not as important as the assessed criteria, which define the significance, not the type of site.

What are the levels of heritage s ignific anc e? Levels of significance (i.e. local significance, state significance, national significance etc) refers to how the place relates to the criteria – i.e. if a place is rare, is it rare locally or nationally? Some items may be important locally and others may have importance to a national or world audience – consequently the level of significance of a local item cannot be considered less important to local people. Significance is significance, whether it is significance for a single town or the world at large. The Burra Charter states the following: “Each cultural group has a primary right to identify places of cultural significance to it ...”

As such, should a cultural group determine a site, item or place is of significance to them, then this significance must be accepted and taken into account when planning the future management of the site. A cultural group is any group of people with a shared value structure.

L oc al s ignific anc e Consists of items that have been recognised or have the potential to have significance for a local cultural group through their historical, associative, social or aesthetic values, its potential for research or its rarity or representativeness at a local level.

S tate s ignific ance Consists of items that have been recognised or have the potential to have significance for a cultural group that is represented across the state of NSW through its historical,

Local Does Not Equal Lesser

Because an item is listed locally, and not on a state or national register, does not mean the item is of lesser value to those people for whom it holds heritage significance.

For example, former Prime Minister Bob Hawke is important not only to his grand-children, but to many Australians. However, your own grandfather is of greater importance to you, even if few outside of your own family and friends know of him, despite the respect you may feel for the ex-PM.

Local Heritage works the same way, with its significance to the local community often of more concern to local people, than a distant site important to the country or the world, but this does not make it of lesser significance.


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associative, social or aesthetic values, its potential for research or its rarity or representativeness at a state level. After local significance, sites of state significance are those most commonly encountered, though they are rare in comparison. A State significant item within the Tweed Shire is the Murwillumbah Railway Station, and siding group.

National s ignific ance Consists of items that have been recognised or have the potential to have significance for a cultural group that is represented across Australia through its historical, associative, social or aesthetic values, its potential for research or its rarity or representativeness at a national level. An example of a Nationally significant site in the region is the Cape Byron Light House.

World s ignific ance Consists of items that have been recognised or have the potential to have an exceptional level of significance for a cultural group that is represented across many nations through its historical, associative, social or aesthetic values, its potential for research or its rarity or representativeness at a world level. The Tweed contains a significant part of the world heritage listed Gondwana Rainforests of the Northern Rivers.

Where are heritage items lis ted? There are several heritage lists which are relevant to heritage within the areas of Tweed, NSW and Australia. Heritage lists are a listing of all the recognised places, sites and items that have been assessed of significance according the standard criteria and levels. No heritage list is ever complete, as new items are recognised that were overlooked in the past, were not previously recognised due to lack of information, or absence of knowledge of their existence. Although heritage lists are a formal recognition of the places significance, not being on a list does not mean that a place does not have significance or that potential significance does not exist, it simply means that a site may not yet have been properly assessed or recognised. Links to these lists are provided in the Appendix A.

L oc al E nvironment P lan Heritage S c hedule As most listed heritage is of a local nature, the LEP becomes the most common planning instrument used to acknowledge a heritage item or conservation area, and managing and mitigating possible impacts upon heritage. The LEP Heritage Schedule contains the basic details of local and some State significant sites within the Shire, which have been formally assessed and recognised. Council has a statutory requirement to manage all items on the Heritage Schedule as places of environmental significance under the EP&A Act.


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However, this does not mean the LEP is a complete listing. Many sites with known or potential significance are not to be found on the lists, but should they exhibit characteristics of significant or social/cultural value are still afforded the protection of the LEP through the objectives of the heritage clauses. It is important to note that the current LEP Heritage Schedule is not the only place where an item may be heritage listed.

T he S E P P (North C oas t R egional E nvironmental P lan) 1988 (NC R E P ) The SEPP NCREP contains a number of heritage objectives and schedules which list items of Regional significance within the Tweed. The NCREP currently lists 11 regionally significant items. This list and heritage provisions must also be checked. It is noted that the NCREP is currently under review by the Department of Planning and Infrastructure and may be repealed in the near future. If the REP is repealed these items will be recommended for inclusion in the Tweed LEP.

NS W S tate Heritage R egis ter The NSW State Heritage Register is the heritage list of items in the State of NSW that have been assessed to be of State Significance. The legislation that governs this list is the NSW Heritage Act 1977, and the Heritage Branch, currently part of the Department of Premier and Cabinet, is responsible for the administration of State heritage. The Heritage Branch works under the auspices of the NSW Heritage Council - an independent board that assesses applications regarding items of State Heritage Significance. Currently Tweed has 2 items listed on the State Heritage Register being: the Murwillumbah Railway Station/yards complex; and the high conservation old growth forest in the upper north east of NSW. The NSW Heritage Act also governs the protection and management of shipwrecks and items from shipwrecks that lie above the low tide mark within NSW, with shipwreck elements below this line governed by the Shipwrecks Act. It should be noted that under the NSW Heritage Act, archaeology described as relics, which have the potential to be of State significance, are automatically protected, with severe penalties for disturbance and there are strict procedures governing work and excavation, which require a s40 application to the Heritage Branch. One point to remember, when looking up the State Heritage Register, is that it lists both the State Listed Sites (the State Heritage Register) as well as all other listed heritage in the State (the State Heritage Inventory). The image below, from the State Heritage Inventory shows the State Listed items in Tweed (blue outline) and some of the locally listed sites (green outline).


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S ec tion 170 R egis ters At the State Level, NSW Government Departments maintain s170 Registers, which are lists of significant items for which their Department has managerial control and ownership. Most of these items relate to State infrastructure, for example, the RTA, State Rail, Sydney Water are all required to maintain these lists. These items can also be located on the State Heritage inventory website list under State government agency items. The State Heritage website also lists local heritage items and any State government agency items (the section 170 register items). Currently there are 9 State government agency items. These are State infrastructure items, including: the courthouse, police station, railway complex and sidings at Murwillumbah and Stokers Siding and a number of bridges. This list must also be checked.

National Heritage L is t & C ommonwealth Heritage L is t These two lists are managed under the National Environmental Protection & Biodiversity Conservation Act, 1999 (the EPBC Act):

• The National Heritage List – relates to items of natural national significance, such as forests and reefs. The Commonwealth Department of Sustainability, Environment, Water, Population and Communities currently oversees the regulation of this list; and

• The Commonwealth Heritage List is governed in the same way as the National Heritage List, but only lists those items that are owned and/or managed by the Commonwealth Government and its agencies and are more often than not of a built nature.


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UNE S C O World Heritage L is t The UNESCO World Heritage List contains all those items that are recognised of being of international significance. The ICOMOS Burra Charter is the guiding document that is used for the preservation and protection of these places and items, with each nation managing them in accordance with its own territorial legislation. The World Heritage listed Gondwana Rainforests of Australia cover 14,000ha and is located partly within the Tweed.

Other (non-s tatutory) Heritage L is ts There are several other heritage lists with importance to NSW, which are non-statutory (not legally binding), but are valuable resources for determining the significance of a place, site or item. The most widely recognised is the National Trust Register. Maintained by the non-profit National Trust (NSW), this register is seen as an important addition to the statutory lists as it is not burdened with the bureaucracy that attends statutory lists. The National Trust, as an organisation devoted to the preservation of heritage, is far more flexible in its approach to assessing heritage than the more prescriptive statutory bodies. Other lists, such as the Royal Australian Register of Architects Register of 20th Century Buildings, are lists compiled by various bodies for reference about certain aspects of heritage. The former Register of the National Estate (RNE) is also now a non-statutory list. With the advent of the National and Commonwealth Heritage Lists the Register of the National Estate has now been frozen – ostensibly, all items on the Register of the National Estate were to have been placed on the Commonwealth and National lists, however many items have not been re-listed. The RNE remains as an archival source for other lists.

What is the differenc e between heritage s ignific anc e and heritage lis ting? Any item on a heritage list, be it the Local Environment Plan, NSW Heritage List, National or Commonwealth Heritage List or World Heritage List, has recognised significance, however, items not on a list can still have heritage significance. This significance can derive from prior recognition and non-listing for a variety of factors, not having been previously assessed or having been missed by previous studies.

Therefore, an item only has to have the potential to possess heritage significance for Council to require those who may be conducting activities, which impact upon that significance, to undertake additional planning studies to ensure their impact can be avoided or minimised and to evaluate the potential significance and any possible risk management options or strategies.

Significance does not exist because of heritage lists, heritage lists exist because of heritage significance.


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As such, just because an item is not listed, does not mean that the item is not significant and should not be protected.

Any development with the potential to impact any item’s known or potential significance may still have to undergo a standard Statement of Heritage Impact prior to development.


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Part C: Legislative heritage requirements Heritage sites, places and objects in NSW are protected from impact from unsympathetic development by several pieces of legislation, depending on the type of significance that the site exhibits or potentially exhibits. All the legislation discussed below is available online from various website, and within Appendix A.

Tweed S hire L ocal E nvironment P lan The Tweed LEP contains a schedule of listed heritage items, archaeological sites and conservation areas. This schedule identifies items and areas that have been assessed and determined to have heritage significance. The LEP also includes objectives and clauses which may regulate when development consent is required for works to, or in the vicinity, of an item of heritage significance. This framework achieves both a management regime, typically through heritage impact assessment, and a conservation objective, through the incentive based measures, which typically operate to allow a broader range of land use options than the particular zoning may ordinarily permit. Development of a heritage item, within a conservation area, or in the vicinity of an item must be consistent with the heritage provisions of the LEP and DCP (where there is one). The LEP states whether an item is of State or Local significance. Where an item is listed as State significant or is listed under a State Interim Heritage Order, Councils are required to notify the Heritage Branch under the Integrated Development provisions of s91 of the EP&A Act and s57(1) of the Heritage Act. The application will need to satisfy both the Tweed requirements and those of the Heritage Branch before Council may grant development consent. It is noted that development within the immediate vicinity of State listed item should also be carefully considered and assessed to ensure there is no adverse impact on the State item.

S E P P (North C oas t R egional E nvironment P lan), 1988 (NC R E P ) Division 3 of Part 3 of the SEPP (North Coast Regional Environment Plan), 1988 (NCREP) is concerned with the protection of items of Regional significance, even though the Heritage Branch does not recognise this level of significance. However, the NCREP’s heritage provisions are largely structured like those of the LEP and addressing the requirements of the Tweed LEP in a development application would in most cases address the requirements of the NCREP. It is noted that the NCREP is currently under review by the Department of Planning and Infrastructure and may be repealed in the near future. If the REP is repealed these items will be recommended for inclusion in the Tweed LEP.


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NS W Heritage Ac t, 1977 The NSW Heritage Act governs the protection and maintenance of all heritage with recognised State significance within the confines of the State of NSW. The Act begins by outlining the following:

3 Objects The objects of this Act are as follows: (a) to promote an understanding of the State’s heritage, (b) to encourage the conservation of the State’s heritage, (c) to provide for the identification and registration of items of State heritage

significance, (d) to provide for the interim protection of items of State heritage significance, (e) to encourage the adaptive reuse of items of State heritage significance, (f) to constitute the Heritage Council of New South Wales and confer on it functions

relating to the State’s heritage, (g) to assist owners with the conservation of items of State heritage significance.

The management of sites, items or places that are determined to be of State significance or are under a State Interim Heritage Order (IHO) are required to comply with the legislative provisions of the NSW Heritage Act, which are outlined below. For an item to have State Significance it means that the item:

• Is of particular importance to the people of NSW and enriches the understanding of our history and identity;

• Is legally protected as a heritage item under the NSW Heritage Act; and • Requires approval from the Heritage Council of NSW for major changes.

The implications are that:

• The development is Integrated Development under s91 of the EP&A Act and s57(1) and it immediately requires Council ensure that the Heritage Branch is notified. The application will need to satisfy both the Tweed requirements and those of the Heritage Branch before development consent may be granted (by Council);

• An application under Section 60 of the Act must be made by the applicant to the NSW Heritage Office prior to the commencement of any works, which would impact upon the significance of an item of State Significance; and

• If proposed works may disturb an archaeological relic of State significance, an application for a Section 140 Excavation Permit will need to be made to the NSW Heritage Office.

It should also be noted that under the NSW Heritage Act, archaeology described as relics, which have the potential to be of significance, are automatically protected. There are severe penalties for disturbance and strict procedures governing work and excavation apply. These are covered under s140 of the Heritage Act, being an application to the Heritage Branch.


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NS W National P arks and Wildlife Ac t, 1974 The NSW National Parks and Wildlife Act governs the protection and preservation of Aboriginal Cultural Heritage. The Aboriginal Cultural Heritage Management Plan is beyond the scope of this report (this is currently being prepared under a separate process), however, the following points should be considered. A detailed set of guidelines for Due Diligence Assessments and Aboriginal Cultural Heritage Management and consultation exist and are administered by the Office of Environment and Heritage (OEH). Whilst it is beyond the scope of this document to discuss the implications of Aboriginal Heritage, Aboriginal objects are often associated with particular landscape features as a result of Aboriginal people’s use of those features in their everyday lives and for traditional cultural activities. Development will generally require a Due Diligence Assessment where located:

• Within 200m of a water source; • In or near to a coastal dune system; • Within 20m or a cave mouth or within a cave itself; or • On a ridgeline.

Discussions with the Office of Environment and Heritage should be undertaken where any doubt or potential for Aboriginal Heritage exists. Additionally, OEH maintains a detailed set of guidelines and reference documents on their website. Further information on the Aboriginal Cultural assessment can be found at: General Aboriginal cultural heritage information http://www.environment.nsw.gov.au/cultureandheritage.htm Aboriginal Heritage Information Systems (AHIMS) database http://www.environment.nsw.gov.au/licences/ Due Diligence assessment http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf

E nvironmental P lanning and As s es s ment Ac t, 1979 The EP&A Act provides planning controls and requirements for environmental assessment in the development approval process. The EP&A Act requires that consideration be given to environmental impacts as part of the land use planning process. In NSW, environmental impacts are interpreted as including cultural heritage impact. Three parts of the EP&A Act are most relevant to Heritage; Part 3 relates to the preparation of planning instruments, including those at local and regional levels; Part 4 controls development assessment processes; and Part 5 refers to approvals by determining authorities. Part 3 requires heritage to be identified within the LEP and mapping, Part 4 requires Integrated Development of items of State heritage and Part 5 requires the parameters for consideration, including heritage, for determining authorities (Council).

http://www.environment.nsw.gov.au/cultureandheritage.htm�

http://www.environment.nsw.gov.au/licences/�

http://www.environment.nsw.gov.au/resources/cultureheritage/ddcop/10798ddcop.pdf�


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E nvironmental P rotec tion and B iodivers ity C ons ervation Ac t, 1999 The EPBC Act is Commonwealth legislation which provides protection for:

• Places of National significance (listed on the National Heritage Register); • Places of heritage significance that are owned or managed by the Commonwealth

government or its agencies (listed on the Commonwealth Heritage List); and • Places of World Heritage Significance (listed on the World Heritage List).

Importantly, the EPBC Act provides planning control over ‘actions’ that have a significant impact on a place of Commonwealth, National or World heritage significance. Accordingly, prior to any works occurring at or near such a place, it has to be determined if the proposed works are likely to have a significant impact on the heritage values of the site (as set out in the listing details for that site). A significant impact is an impact which is important, notable, or of consequence, having regard to its context or intensity. However, whether or not an action is likely to have a significant impact depends upon the sensitivity, value, and quality of the environment which is impacted, and upon the intensity, duration, magnitude and geographic extent of the impacts. If it is determined that an action may have an impact, it has to be referred to the relevant Commonwealth Minister for approval. Specific advice would need to be sought should a development be occurring at, near or in the vicinity of a place listed on the National, Commonwealth or World Heritage lists.

S tate E nvironmental P lanning P olic y (E xempt and C omplying Development C ode) 2008, C ode S E P P

The State Environmental Planning Policy (Exempt and Complying Development Code) 2008, known as the Code SEPP, provides a set of standards for low risk and low impact development, which may be undertaken without the need for a development application. A range of minor development may be carried as “exempt development” even though the property may contain a heritage item or be within a conservation area.


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PART D – The Heritage Development Application Process


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This flow chart explains the impact assessment steps required when undertaking development to, or within the vicinity of, a heritage item or within a heritage conservation area.


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S T E P 1: Initial projec t planning, legis lation and providing advic e The Guide for Tweed Heritage Owners advises that the residents or proponents ask for advice prior to making a development application if their property is a heritage item or within a conservation area. Should a development application in the immediate vicinity of a heritage item or conservation area be lodged the same process should be followed as impact can still occur. There are several ways you can assist residents with heritage enquires, the first of which is by directing them to certain information sources, such as:

• The Tweed Shire LEP (which contains the heritage schedule also known as the heritage list), available from the Tweed Shire Council Websites at http://www.tweed.nsw.gov.au/PlanDevBuild/Default.aspx;

• The Tweed Shire Community Based Heritage Study, which contains the background information and site cards for the items. It is advisable to provide the owner with the relevant Tweed Heritage Inventory Site Data Cards (see below);

• The NSW Heritage Register and Inventory, available from the NSW Heritage Branch Website at http://www.heritage.nsw.gov.au/07_subnav_04.cfm;

• Independent Consultants; and • The Guide for Tweed Heritage Owners should be provided whenever advice is

requested, as it is the accompanying document for owners to this guide. Important questions for staff to confirm in assessing a DA application are:

• Is the property listed individually or does it lie within a conservation area in the Tweed LEP (or the CBHS prior to these items being listed in the LEP schedule);

o Check the layer of heritage listing in “enlighten”. If so, follow the requirements of the Tweed LEP.

• Is the property listed as a State item? o Check the layer of heritage listing in “enlighten”. This is integrated

development and must be referred to the Heritage Branch. Applicants will need to submit an s60 application to the Heritage Branch if impact will occur and this should be confirmed.

• Is the property listed on any other list? o Check the layer of heritage listing in “enlighten”. Follow the appropriate State

or Commonwealth legislation. o Additional information can be derived from other non-statutory lists.

• Is the development proposed for minor works? o Minor works to a heritage item or area are permitted as Exempt development

in the Code SEPP and the State Heritage Standard Maintenance and Repair Schedule (see Step 3 below);

• If not listed, does the property have the potential to have heritage significance; o This can only be determined by a heritage assessment, but an initial

inspection will yield sufficient evidence of heritage characteristics. Further advice should be sought from a qualified heritage professional if there is concern there may be heritage significance.

Heritage ID Numbers In order to accurately track an item

through any general correspondence, with residents, the Heritage Branch and

in the CBHS, Council staff should always refer to all heritage items by their

Heritage ID Number.

This number is displayed in the top right hand corner of site data cards, is

displayed in the CBHS and the Tweed Heritage Inventory.

http://www.tweed.nsw.gov.au/PlanDevBuild/Default.aspx�

http://www.heritage.nsw.gov.au/07_subnav_04.cfm�


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• Will this development impact upon nearby heritage items or conservation areas? o Should there be a risk of impact on nearby listed items or areas, then the scale

and form of the development and the impact on the nearby heritage item should be assessed.

By answering these questions, you will begin to gain an appreciation of what pieces of legislation outlined earlier will need to be addressed by the resident/proponent and advise them accordingly. Additionally, if at any time you are unsure of an answer to any of these questions ask for advice from the Heritage Advisor (where there is one) or a heritage professional, as asking first is always the safest option.

P roviding S ite Data C ards and the Tweed Heritage Inventory The Tweed Heritage Inventory is a listing of all the sites investigated by the CBHS, both those listed in the Heritage Schedule of the LEP, and those that were not. Many items were not listed following assessment of community submissions. However, the reasoning behind these non-listings is not always clear; therefore further investigation in future will be required for some items. Not listing an item does not remove its significance and many of the items assessed exhibit heritage significance which should be considered as part of any DA. The listed items and potentially significant items can be found on the “enlighten” mapping layer. All listed items are on the inventory and are best searched for by the Heritage ID Number (see listings in the Community Based Heritage Study, Chapter 5). However, some items may not have Heritage ID numbers and a new entry in the database may need to be created for the item. For providing residents/proponents with information on a site, it is best to print the text and images full report, thereby providing all the relevant information. Note: This information is available in hard copy in the exhibited CBHS 2011; however, this is at a point in time. The electronic database will provide the most up to date site inventory data.


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The heritage inventory is managed and updated by the planning reform Unit. Updates will need to be made through this unit. In order to access site data cards, the following steps will need to be followed:

• Open the Heritage Inventory Program, located on computers 8117 and 8125 within the Planning Reforms Unit;

• Once open, the program will ask you if you wish to Edit or Read.

• To enter a new item select edit, a password will then be asked for;

• Select Read and use the password ‘read’;

• Enter the search criteria required in the fields and press enter. The results will display in the lower section of the search screen;

• Select the item/items required by highlighting or by tagging (using the green tagging button on the screen top);

• Click on the Printer icon at the top of the screen (do not select print from the file menu);

• Select what to print: o Item (print individual item); o Search (print all search results); o Tagged (print tagged items); o Data Base (print entire database); and o Number Ranges (print items with Heritage ID numbers in selected

range).

• Select Report Layout: o Study Reports;

NSW Assessment 1 Page (basic assessment report); NSW Assessment 2 Pages (detailed assessment report); Custom (custom assessment report);

o Full Reports; Text only (all text fields report); Text and Images (all image fields report); Images Only (all text fields and images report);

o Lists (print items a list); o Extra Sheets (print blank forms for recording purposes); and

• Click on print.


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E xempt development under the S E P P (E xempt and C omplying Development C odes ) 2008 Minor development to a locally listed heritage item or within a conservation area may be permitted as ‘exempt development’ under the SEPP (Exempt and Complying Development Code) 2008. Staff and applicants are advised to check the Code SEPP to determine if the scope of minor works may be carried out consistent with the exempt development provisions. However, before determining if consent is not required, Council staff should review and update the items statement of significance before assessing the impact of any works. Council’s Heritage Advisor or a qualified consultant can provide advice where Council is unsure if impact will occur.

S tandard Maintenance and R epair Once a property is listed or will impact on a listed property/area, owners are still able to undertake many works to their property without development approval. These works are known as Standard Maintenance and Repairs. Minor development to a State listed item may be permitted under the provisions of the NSW Heritage Act Standard Maintenance and Repair Schedule. Staff and applicants are advised to check the Standard Maintenance and Repair exemptions to determine if the minor works may be carried out as exempt development. For locally listed items, most regular and routine tasks you would undertake in looking after a home fall under these categories, debunking the myth that a listed property cannot be modified. This includes:

• Maintenance And Cleaning;

• Repairs – Such as the replacement of damaged services (electrical, plumbing etc.) using the same service routes of the removal of small amounts of fabric that is beyond recovery and threatens the remainder of the significant fabric;

• Painting – In a sympathetic scheme, especially in conservation areas and in ways that do not detract from the buildings significance;

• Restoration – Returning a building to an earlier state through the re-integration of earlier materials. However, large scale restoration should be undertaken with advice from Council’s Heritage Advisor or an experienced consultant;

• Minor activities with little or no adverse impact on heritage significance;

• Non-significant fabric – The removal, replacement or repair of non-significant fabric;

• Landscape maintenance – That maintain and enhance the significance of the item;

• Safety and security – Basic requirements for site security or safety during works. These elements should be either temporary (safety) or sympathetic (security); and

• Movable heritage items – The temporary relocation of items for their safety, maintenance or display.


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Additionally, for State listed items (but not locally listed items) the following is allowed, in addition to that listed above, without needing an s60 Application:

• Excavation – Only where part of an authorised study or In order to inspect underground services;

• Signage – Signs that are appropriate for the scale and setting of the building or site and do not detract from the building or sites significance;

For state heritage registered sites, the standard maintenance and repair outlined above are also part of the NSW Heritage Act, allowing for these exceptions as well as other agreed upon site specific actions that pertain to the operation of the site. However, as State listed sites are rare, these exceptions are best explained through expert advice for those undertaking works on a State listed property.

S T E P 2: As s es s ing the level of impac t and the S tatement of Heritage Impac t (S OHI) There are two types of impact that can occur during development, negative and positive. Negative Impact results in an adverse change to the form, fabric or significance of a place, basically removing or destroying the elements of the property that make it significant. It can sometimes be difficult to determine if impact will be negative and so asking for advice from Council’s Heritage Advisor (where there is one) or a qualified consultant is often the best route to take. Some impact, however, can be positive. This may be where later negative additions to an item are removed and earlier work reinstated or where repairs are undertaken to restore lost significant elements of the property. When planning works, advice should be provided that will allow an owner/proponent to follow the following set of questions: 1. Will the works cause impact?

a. No. Has the proponent demonstrated that the proposed works will not have an impact through documentation submitted to attempt to meet Council approval? b. Yes. Go to 2.

2. Is the impact positive? a. Yes. Have the proponent demonstrate that the proposed works will have a positive impact through documentation submitted to attempt to meet Council approval? b. No or the impact is negative. Go to 3.

3. Can impact be avoided? a. Yes. Has the proponent demonstrated through submission of plans and documentation that the new impact on the item or area has been avoided for Council approval? b. No. The proposal will result in impact to the item or area. Go to 4.


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4. Can impact be mitigated? a. Yes. Has the proponent demonstrated through submission of plans and documentation how the impact is mitigated satisfactorily for Council approval? b. No. The impact is negative and cannot be mitigated. Has the proponent provided documentation to satisfy Council that the works, notwithstanding the impact, are acceptable in the circumstances?

These questions are most often addressed through preparation and submission of a Statement of Heritage Impact (SOHI), the standard method of assessing impact and determining alternate methods for undertaking works in NSW for non-Aboriginal heritage. A SOHI is submitted with a development application as part of the approvals process. The SOHI is described in more detail below.

S tatements of Heritage Impac t A Statement of Heritage Impact is a structured document that investigates a places history and significance and assesses the impact of any proposed works against that significance. The SOHI is the document which is required to accompany any DA for a heritage item or within a conservation area (or for works nearby) in order to satisfy the planning considerations regarding heritage. The SOHI outlines the statutory obligations of the owner/proponent and determines the best ways of avoiding and/or managing an impact within the scope of the relevant legislation. The standard structure for a SOHI is provided below, to outline the information which is required to be considered and documented within the SOHI. When assessing a SOHI as part of a DA, Council staff will need to ensure that the following information is included as a minimum. Introduction

This chapter outlines the background to the project details of the item and where it is located, providing general information to allow the reader to better understand the planned scope of the project. It should also identify authorship and any limitations to the study. Site history

A site history is researched and written to determine what criteria of significance are apparent from the historical record. Examinations of the historical records provide details on historical, social and associative significance and these records can also shed light on the other criteria. The history need not be exhaustive, but should also not be too brief in nature. This chapter should include a brief contextual overview of the local area’s development, specific history for the item and information on any important historic themes, people, groups or events associated with the site. Physical analysis

The consultant undertakes a physical inspection and analysis of the site and a written description of the findings. This description is also very important as a historical record of the site if there are to be changes during works. This step also helps assess aesthetic and scientific significance as well as representativeness. This section should be accompanied by sufficient photographic evidence to support the description of the site provided. The elements of buildings should be accurately described


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in terms of their type and period and any historic alteration and changes also noted. Plans of the building, especially when changes have been made are an important addition. Comparative analysis

A comparative analysis is undertaken to determine if the place in question is rare or a good representative example of its type. This analysis looks at similar places and compares the characteristics of each against each other. This step is taken as required, but should be documented when a particularly intact or contentious item is being investigated. Assessment of significance

The assessment of significance takes all the research from the prior steps and determines the significance of the place against all the listed criteria and as a whole. This statement of significance becomes the basis for the following sections and a clear written record of the values of the site. No new information should be included here, but a statement for each criteria, even if it is “Does not meet this criteria” should be made. Each criteria should also have, in addition to the criteria’s write up, whether it has none, local, state, national or international significance. No recommendations should be made in this section. Discussion of legislation and its implications

The consultant or proponent needs to indentify each piece of heritage legislation that applies to the site and what parts of that legislation will need to be addressed by the SOHI. Although this section focuses on the obligations of the owner or proponent, good consultants will also outline the opportunities provided by the significance of the place to the owner. Where only obligations have been pointed out, changes should be made to ensure that both the obligations and the opportunities presented by the heritage significance are made. The only new information added here should relate to legislation and obligations/opportunities, with no recommendations made. Impact assessment

The planned works are described and their impact upon the significance and fabric of the place are assessed. Good SOHI’s either show how such impact can be avoided, or largely mitigated and provide several alternate options for works to the owner or proponent. This method allows the owner or proponent to better understand differing approaches to the project, which still allow for the desired results, but not at an undue cost to the heritage significance. Multiple options should be provided here, with evidence for the pros and cons of each provided. Single option SOHIs are unsatisfactory and show a pre-conceived notion of the works that the report is structured to support. In most instances, there are several ways of undertaking the works, many of which are more beneficial to heritage, whilst still allowing the full scale or intent of the development to proceed. Management recommendations

This section is where the consultant or proponent determines the best methods and policies for ensuring that the client has a clear idea of what is required to ensure the minimum impact to significance is caused and if impact is to occur, how to monitor and record it. A list of dot points can never be considered sufficient, the SOHI must outline in some detail not only what to do, but how to do it and what should be the end result.


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These recommendations and any other DA requirements should form the basis of the DA conditions of consent, along with any other heritage conditions that Council or Council’s heritage advisors (where there is one) may deem necessary.

C ons ultant regis ters Undertaking the SOHI process on their own, with no background in planning, legislation or heritage can be a daunting task for residents and if undertaken insufficiently may lead to rejection or delay of the development application. Applicants should be referred to a heritage consultant or architects with a background in heritage, who will be able to compile a SOHI, which will be sufficiently detailed. The NSW Heritage Branch maintains a register of heritage consultants in NSW at http://www.heritage.nsw.gov.au/13_subnav_07.cfm, which allows you to search by regions and speciality. When advising residents/proponents about hiring a consultant, ensure that they are advised to check the consultant’s references and past success at undertaking SOHIs as, like any trade or profession, there are varying levels of expertise. Note: The Heritage Branch website maintains many free publications that can guide an owner through the process. This can be accessed at: http://www.heritage.nsw.gov.au/docs/hm_statementsofhi.pdf

What if protec ting the s ignificance may be better ac hieved through another us e? - Heritage Inc entives The Tweed LEP provides flexibility for heritage owners to ensure that in instances where maintenance and conservation of a heritage item may be better achieved through allowing a use not currently permitted for that item. For example, should a building, long used for commercial purposes no longer be suitable for such use, but be zoned in a commercial area, a developer may see demolition as the only option. However, Council can consider a compatible change of use for the building to facilitate its retention and conservation, ensuring the building is suitably maintained into the future. Council staff should understand the value and utility of these provisions as they may result in major benefits to the Shire as a whole, as well as to individual proponents of development where an item under threat may be retained and maintained. These provisions are provided for in Part 8 of the Tweed LEP 2000 and are continued in the draft LEP (under the standard LEP template) in Section 5.10.

S tep 3 – As s es s ing the S OHI Once a SOHI has been completed, it is submitted, along with the other required DA for assessment. Council staff must examine the SOHI against the standards provided above. When uncertain if the SOHI is sufficiently detailed you may need to forward the SOHI to Council Heritage Advisor (where there is one) or independent consultant to review. Should the SOHI be considered detailed and balanced, it can largely be accepted on those merits alone, but where information is insufficient or missing, or where other options for work have not been examined and discussed, the applicant should be advised that further assessment and/or additional information is required. SOHIs with brief, dot point style


http://www.heritage.nsw.gov.au/docs/hm_statementsofhi.pdf�


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management recommendations should also be subject to a further information request of the applicant, as they provide little guidance for those undertaking works on the item, nor do they provide Council with detailed points of reference for works. This step highlights the need to ensure that whoever undertakes the SOHI is both competent and independent, allowing a document that will satisfy Council upon first submission.

S tep 4 – Implementing the S OHI

C onditions of c ons ent Approval of the DA should list the management requirements of the SOHI and any other management requirements as conditions of consent to ensure the works proceed in the required manner. Once works commence, the owner will need to ensure that these recommendations are followed, in order to ensure that the conditions of the DA are not breached.

Arc hival rec ordings Should extensive impact to the item be unavoidable, but approved, many SOHIs will recommend that the item be archivally recorded prior to works commencing. This is likely to occur where a high level of change will occur due to the proposed development. If this is a recommendation of the SOHI, this should be included as a condition of consent. An archival recording documents a detailed photographic record of the pre-works state of the item, according to Heritage Branch requirements, and stores the resulting record in specific ways, aimed at preserving the record for future generations. The archival recording must be prepared and submitted consistent with the Heritage Branch requirements prior to commencement of works. Details for providing advice on archival recordings can be sourced from http://www.heritage.nsw.gov.au/03_index.htm#G-I and the document is called How to Prepare Archival Recordings.

Arc haeologic al works In some instances, works may have the potential to disturb archaeological features. In such instances where archaeology of a locally significant nature may be disturbed, the advice of an Archaeologist should be sought, as architects (including some Heritage Consultants) and other general practitioners rarely possess the skills to assess the needs and impacts of such projects. Such projects are rare and often involve Aboriginal archaeology, but where research or existing knowledge point to archaeological features ask for advice. These works, when done under a s140 application for potential State significant Archaeology are also governed by joint consent.

http://www.heritage.nsw.gov.au/03_index.htm#G-I�


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F inal proc es s reporting Where an archival or archaeological recording is required as part of the conditions of consent, a copy of the investigation, or evidence that the recommendations of the SOHI/DA were followed must be submitted prior to works commencing and be retained by Council. A photo log of the works and the final results of works should be required as a minimum standard, however, for more detailed and extensive projects, archaeological monitoring reporting or archival recordings may also be required to be submitted. These final reporting steps will be project specific and generally only required for works to a significant item which required archival or archaeological recording. Further information on final reporting is available through the NSW Heritage Branch Website publications page (http://www.heritage.nsw.gov.au/03_index.htm).

S tep 5 Information management proc es s es

P roviding his tories to the loc al arc hives Once the SOHI or an archival/archaeological recording is submitted, Council must send a copy to the local archives for future reference, as SOHIs represent a wealth of knowledge on the local area, people and past. Over time, this collection of SOHIs will form a significant historical asset for the Shire. Often, these records provide an excellent starting point for research for those undertaking SOHIs in similar areas or on similar items. Copies of the archival recording are to be provided to local library and historical societies as a matter of good practice. The Planning Reforms Unit will maintain a register of all SOHIs received.

Updating the Tweed heritage databas e Ensuring the Tweed Heritage Database contains up to date information is a key objective of the effective management of heritage items and information. A SOHI provides detailed information which is lost if it just sits on a DA file. Any new information on the item revealed or determined by the SOHI needs to be entered into Tweed Shire’s Heritage Database. This could include details on the history and the significance information. This can be either updates to an existing record, or the creation of a new record for a newly assessed item or area. Where a SOHI provides updated information for an existing item or reveals a new item deemed to be significant, the item and associated information should be placed on Council’s Register of Changes to Cultural Heritage (RCCH). This register will keep records of new assessments for inclusion in 3 yearly reviews to the Shire’s LEP Heritage Schedule. The RCCH is maintained by the Planning Reform Unit.

http://www.heritage.nsw.gov.au/03_index.htm�


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Part E: Further assistance for heritage owners Whilst Council does not currently have a Heritage Advisor or Local Heritage Assistance Fund, the CBHS recommends Council investigate this assistance through the support of the Heritage Branch grant funding. This funding supports councils in establishing a local heritage assistance fund and engage a qualified heritage advisor.

L oc al heritage as s is tanc e funding Council is able to apply for this program with the Heritage Branch on an annual basis, usually October of each year. The funding is provided on sliding scale based on the number of years accessing the scheme. Currently, grants are offered dollar for dollar for the first 4 years sliding to $1 for $3 (Council) grants after 10 years with the scheme, maximum funding is currently up to $8,500. The intent of the funding is to provide financial assistance to owners of heritage items to assist with improvements to heritage items. The funding is generally spread widely to owners through an annual call for applications.

Heritage advis or Council is also able to apply for support to engage a heritage advisor with the Heritage Branch on an annual basis, usually October of each year. The funding is provided on sliding scale based on the number of years accessing the scheme. Currently grants are offered dollar for dollar for the first 4 years sliding to $1 for $3 (Council) grants after 10 years with the scheme, maximum funding is currently up to $7,000. The heritage advisor is generally available at Council 1-2 days per month to provide free advice to owners and a professional point of referral for advice in the development application process.


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Appendix A – L oc ating legis lation and other information The following site is constantly updated with the current versions of all NSW Legislation: http://www.legislation.nsw.gov.au/

In order to find an LEP, click “browse” and search alphabetically under “EPI’s”. For Commonwealth Legislation go to: http://www.comlaw.gov.au/

The NSW Heritage Branch website, has a wealth of information covering all manner of heritage and historical research subjects. Most of the resources are free, with others available for a minimal price. The listing is arranged alphabetically for ease of reference. The website is http://www.heritage.nsw.gov.au/03_index.htm

The following are the most relevant for a member of the general researching the heritage process: Altering Heritage Assets; Assessing Heritage Significance; Conservation Management Documents; Heritage Approvals; Heritage Nominations; Heritage Planning Practice Note; Heritage References; Heritage Terms and Abbreviations; History and Heritage; Investigating Fabric; Investigating History; Investigating Heritage Significance; NSW Government and Heritage; Planning and Heritage; and Statements of Heritage Impact. Some additional information sources for NSW are:

ICOMOS and the Burra Charter

This is the home of the Burra Charter and several other important heritage documents. Australia ICOMOS – http://www.icomos.org/australia/ International ICOMOS – http://www.international.icomos.org

http://www.legislation.nsw.gov.au/�

http://www.comlaw.gov.au/�

http://www.heritage.nsw.gov.au/03_index.htm�

http://www.icomos.org/australia/�

http://www.international.icomos.org/�


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Heritage Registers – statutory (legal)

World Heritage List – http://www.environment.gov.au/heritage/places/world/index.html Commonwealth Heritage List – http://www.environment.gov.au/heritage/places/commonwealth/index.html National Heritage List – http://www.environment.gov.au/heritage/places/national/index.html NSW Heritage Register – http://www.heritage.nsw.gov.au/07_subnav_04.cfm Heritage Registers – non-statutory (non-legal)

Register of the National Estate – http://www.environment.gov.au/cgi-bin/ahdb/search.pl RAIA Register of Places of 20th Century Significance – www.architecture.com.au/i-cms_file?page…/RAIA_REGISTER…pdf Register of the NSW National Trust http://heritagespace.com.au/index.php?option=com_content&view=article&id=421&Itemid=529 Tweed Historical Societies and Museums Tweed River Regional Museum and Murwillumbah Historical Society 2 Queensland Road Murwillumbah, NSW 2484 [email protected] Tweed Gold Coast Family History & Heritage Association P O Box 6729, Tweed Heads South, NSW 2486 [email protected] Tweed Heads Historical Society Pioneer Park, 230 Kennedy Drive, Tweed Heads [email protected] Uki & South Arm Historical Society Inc. 2 Norco Road Uki NSW 2484 [email protected]

http://www.environment.gov.au/heritage/places/world/index.html�

http://www.environment.gov.au/heritage/places/commonwealth/index.html�

http://www.environment.gov.au/heritage/places/national/index.html�


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http://heritagespace.com.au/index.php?option=com_content&view=article&id=421&Itemid=529�

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mailto:[email protected]�




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