AGY-433 | Heritage Council of New South Wales

Full description

The Heritage Council of New South Wales was established by the Heritage Act, 1977 (Act No 136, 1977) The purpose of the Act, which received assent on 21 December 1977, was to introduce measures to assist with the conservation of the environmental heritage of the State.(1) The genesis of the Act was the Federal Government's inquiry into the National estate in 1974 which was led by Mr. Justice Hope and which resulted in a greater emphasis on heritage in all levels of government.(2)

The Heritage Council constituted by the Act consists of 15 members. Twelve of the fifteen members are appointed by the Minister. In addition to the Chair, six of the appointed members are required to hold specialist knowledge or skills in the following: Aboriginal heritage; building, development and property industries; conservation of environmental heritage; corporate promotion; local government; movable heritage; natural heritage and property rights of citizens. A father five members are appointed by the Minister from nominees of the following organisations: Department of Urban Affairs and Planning; Labor Council of NSW; National Trust of Australia (NSW); Royal Australian Historical Society; Royal Australian Institute of Architects (NSW)/Royal Australian Planning Institute (NSW). Three members are ex-officio: Director General, National Parks and Wildlife Service; Government Architect; and the Director, Heritage Council (3).
The functions of the Council were:
a. to advise the Minister on the placing, on buildings, works, relics and places, of conservation instruments, orders made under the Act, and notices served under the Act;
b. to keep a register of buildings, works, relics and places which are subject to conservation instruments. This register is available for public inspection without charge at the offices of the Council;
c. to make recommendations to the Minister generally concerning the provisions of the Act;
d. to make recommendations to the Minister on the conservation of heritage items and the publication and exhibition of information relating to them;
e. to carry out investigations research and inquiries relating to the above matters; and
f. to arrange and coordinate consultations, discussions, seminars and conferences relating to the conservation of the States environmental heritage."(4)

A major duty of the Council was to make both interim and permanent conservation orders. (5) It was necessary for the Council to consider proposals for alteration to any building subject to a conservation order.. (6)

The Heritage (Amendment) Act, 1979 (Act No.206, 1979) introduced further measures towards preserving the state's heritage including :
a) The Heritage Council with the approval of the Minister is permitted to request a Director or Council to prepare a draft environmental planning instrument in respect of land within a heritage precinct.
b) The Council is to be consulted regarding draft environmental planning proposal affecting lands to which a conservation instrument applies.
c) Procedures relating to loans made for conservation purposes were amended.

In 1995 the Council was comprised of 9 committees which were created to provide advice to the Council on a range of issues, the committees being:
The Heritage Council Advisory Committee, The Archaeology Advisory Panel, The Church Property Advisory Panel, The Fire Advisory Panel, The Heritage Assistance Advisory Committee, The History Advisory Panel, The Information and Education Committee, The Pipe Organ Advisory Committee and The Technical Advisory Group on Materials Conservation.(7)

On 1st July 1996, the role of administrative and technical support was transferred from the Department of Urban Affairs and Planning to the newly created independent New South Wales Heritage Office.(8)

The Heritage Amendment Act, 1996 (Act No.129,1996) which received assent on 4th December 1996, changed the constitution of the Heritage Council to a body of 15 members, 12 of whom were appointed by the Minister. The Report of the Heritage Council of NSW for the year ended 30 June, 1997 observed "Criteria for selection have been changed to emphasise specialist heritage skills and qualifications rather than the former representative composition of members. Six appointed members are now required to hold specialist skills in any of the following: Aboriginal Heritage, the building, development and property industries, corporate promotion, the conservation of environmental heritage, local Government, movable heritage, natural heritage, the property rights of citizens and rural interests. The three ex-officio members were the Director of the National Parks and Wildlife Service, The Government Architect and the Director of the Heritage Office. (10)


FOOTNOTES:
(1) Government Gazette no.10, 20 January 1978& Government Gazette No.41 14 April 1978
(2) Planning and Environment Commission Annual Report 1978, Parliamentary Papers 1978-79 Vol. 4 p.1003
(3) Heritage Council of NSW-Heritage Office Annual Report 1999-2000, p3-4
(4) Heritage Act (No.136,1977)
(5) Heritage Act, 1977 s. 22
(6) Heritage Act, 1977 Part III
(7) Heritage Act, 1977 s. 58
(8) Heritage Council of New South Wales Annual Report 1995
(9) Heritage Council of New South Wales Annual Report 1996
(10) Heritage Council of New South Wakes, Report for the year ended 30 June, 1997 p. 6

REFERENCES:
(1) New South Wales Government Gazette 1978
(2) Joint Volumes of the Parliamentary Papers of the Legislative Council and Legislative Assembly of NSW, Sydney Government Printer.1978
(3) Concise Guide 2nd Edition, "H-K", "Heritage Council of New South Wales",p.95
(4) New South Wales Government Directory, Sydney, New South Wales Government Information Service
(5) Heritage Council of New South Wales Annual Report 1995-96