Assessment of Queensland Heritage Places

This is an overview of the changes to the assessment of Queensland heritage places under the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023.

What is the current assessment process for a Queensland heritage place?

A Queensland Heritage Place (sometimes known as a State heritage place) is a place with a cultural heritage significance for the people of Queensland.

The Queensland planning framework establishes the State Assessment and Referral Agency (SARA) as the entity responsible for assessing proposed development for impacts on the cultural heritage significance of a Queensland heritage place.

However, in some instances, the Queensland heritage place may be dual heritage place. This means that the heritage place is both a local and Queensland heritage place and have significance at both a local and State level. Generally, these places are listed in a local government planning scheme and the Queensland heritage register.

In these instances, both SARA and the local government are responsible for undertaking the assessment of the dual heritage place.

How does the Bill change the assessment for a Queensland heritage place?

The Bill makes critical changes to the planning framework to reduce duplication of assessment for a Queensland heritage place and places adjoining a Queensland heritage place by local government and SARA. These changes include:

Limits on local categorising instruments

The Bill limits a local categorising instrument (such as a local planning scheme) from including an assessment benchmark about the effect or impact of development on the stated cultural heritage significance on a Queensland heritage place.

Currently some local governments are prescribing assessment benchmarks for a Queensland heritage place and places that are a dual heritage place. This new change means that only the State will be able to prescribe assessment benchmarks for a Queensland heritage place.

Limits on the ability to impose conditions for Queensland heritage places

The Bill limits an assessment manager (other than the chief executive) such as a local government from imposing a condition on a development application about the effect or impact of development on the stated cultural heritage significance of a Queensland heritage place.

The Bill also clarifies that where a condition is imposed, the development condition must not be inconsistent with the conditions for a Queensland heritage place.

Limits on the assessment of an impact assessable development

The Bill limits an assessment manager (other than the chief executive) from, carrying out an impact assessment against or with regard to, the effect or impact of development on the stated cultural heritage significance of a Queensland heritage place, if the development application requires impact assessment.

Why are these changes necessary?

Some local governments have adopted in their local heritage register or planning scheme the entry from the Queensland heritage register thus making a Queensland heritage place also a local heritage place without defining different local heritage values for the place.

Some local government planning schemes have also been applying assessment benchmarks developed by local government to a Queensland heritage place.  This practice has resulted in development applications for development on a Queensland heritage place which is also a local heritage place being assessed by local and state government for impacts on the same values but against different benchmarks resulting in duplication and inconsistencies in decision making.

The duplicate assessment by both State and local government can result in local government allocating resources to assessing development having regard to the same heritage matters as the State government through SARA, increased costs to applicants, development conditions that are difficult to comply with if they require competing actions, inconsistent government decision-making, and potential court proceedings and associated costs.

To ensure that local government values will be sufficiently considered in assessing dual heritage places, the State government will liaise with local governments about the assessment of the proposed development.