Queensland Heritage Regulation 2003

Queensland Queensland Heritage Act 1992 Queensland Heritage Regulation 2003 Current as at 1 July 2015 Reprint note This is the last reprint before expiry. See SIA s 56A(2) and SIR s 3 sch 2 pt 2). Expired on 31 August 2015.

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Queensland Heritage Regulation 2003 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Certificate of immunity—Act, s 57 . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Development by the State—Act, s 71 . . . . . . . . . . . . . . . . . . . . . 3 5 Recommending declaration of protected areas—Act, s 103 . . . . 4 6 Declaration of protected areas—Act, s 103 . . . . . . . . . . . . . . . . . 4 7 Prescribed local governments—Act, s 112 . . . . . . . . . . . . . . . . . 5 8 Code for IDAS—Act, s 121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Schedule 1AA Protected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Schedule 1 Local governments for section 112 of the Act . . . . . . . . . . . . 7 Schedule 2 Code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 1 Preliminary 1 Purpose of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Development to which code does not apply. . . . . . . . . . . . . . . . . 8 3 Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 2 Specific outcomes and probable solutions Schedule 3 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 1 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Queensland Heritage Regulation 2003 [s 1] Queensland Heritage Regulation 2003 [as amended by all amendments that commenced on or before 1 July 2015] 1 Short title This regulation may be cited as the Queensland Heritage Regulation 2003 . 2 Commencement This regulation commences on 28 November 2003. 3 Certificate of immunity—Act, s 57 (1) An application under section 57(1) of the Act must be in the approved form. (2) For section 57(3)(a) of the Act, the following information is required— (a) a comprehensive description of the place; (b) a comprehensive history of the place; (c) a statement that relates the cultural heritage significance of the place to the cultural heritage criteria; (d) details of the sources from which further information about the place may be obtained; (e) photographs or drawings of the place at the time the application is made. 4 Development by the State—Act, s 71 For section 71(3) of the Act, the details are the following— (a) the existing condition of the registered place; (b) the history and development of the place; Current as at 1 July 2015 Page 3

Queensland Heritage Regulation 2003 [s 5] (c) a statement that relates the cultural heritage significance of the place to the cultural heritage criteria; (d) a description of the proposed development; (e) a statement, giving reasons, about the likely effect of carrying out the development on the cultural heritage significance of the place. 5 Recommending declaration of protected areas—Act, s 103 (1) This section applies if a person recommends to the Minister that an area containing a place of cultural heritage significance be declared to be a protected area. (2) The recommendation must— (a) be in the approved form; and (b) contain the following information— (i) the name and address of the person; (ii) a description of the area; (iii) a history of the place; (iv) a statement explaining why the person considers the area should be declared to be a protected area; and (c) be accompanied by photographs or drawings of the area that support the statement mentioned in paragraph (b)(iv); and (d) adequately identify the area by reference to survey information or a plan. 6 Declaration of protected areas—Act, s 103 Each area mentioned in schedule 1AA is declared to be a protected area. Page 4 Current as at 1 July 2015

Queensland Heritage Regulation 2003 [s 7] 7 Prescribed local governments—Act, s 112 The local governments stated in schedule 1 are prescribed for section 112(1) of the Act. 8 Code for IDAS—Act, s 121 (1) This section prescribes, under section 121 of the Act, a code for IDAS for development on a local heritage place. (2) The code is in schedule 2. 9 Fees The fees mentioned in schedule 3 are prescribed under the provisions of the Act mentioned in the schedule. Current as at 1 July 2015 Page 5

Queensland Heritage Regulation 2003 Schedule 1AA Schedule 1AA Protected areas section 6 1 The area within 400m of the intersection of parallel of latitude 24º56.929' south and meridian of longitude 153º18.211' east, on the shore of Fraser Island between Waddy Point and Orchid Beach. 2 The part of lot 17 on crown plan DE844097 within the following boundary— • from latitude 25º11'21.962" south, longitude 139º48'4.545" east • along the boundary of Durrie Station to latitude 25º6'22.493" south, longitude 139º48'28.867" east • along the boundary of Durrie Station to latitude 25º7'0.406" south, longitude 139º55'50.353" east • along an imaginary line between latitude 25º7'0.406" south, longitude 139º55'50.353" east and latitude 25º11'56.454" south, longitude 139º55'22.360" east • along an imaginary line between latitude 25º11'56.454" south, longitude 139º55'22.360" east and latitude 25º11'21.962" south, longitude 139º48'4.545" east. Editor’s note— A map showing the approximate location of the protected area is available for inspection at the department’s head office at 400 George Street, Brisbane. Notes— 1 The latitude and longitude mentioned in item 1 are worked out using the system called the ‘World Geodetic System 1984’ or ‘WGS84’. 2 The latitudes and longitudes mentioned in item 2 are worked out using the system called ‘Geocentric Datum of Australia 1994’ or ‘GDA94’. Page 6 Current as at 1 July 2015

Schedule 1 Queensland Heritage Regulation 2003 Schedule 1 Local governments for section 112 of the Act 1 Cassowary Coast Regional Council 2 Charters Towers Regional Council 3 Hinchinbrook Shire Council 4 Ipswich City Council 5 Logan City Council 6 Moreton Bay Regional Council 7 Redland City Council 8 Sunshine Coast Regional Council 9 Tablelands Regional Council 10 Toowoomba Regional Council 11 Torres Shire Council 12 Townsville City Council section 7 Current as at 1 July 2015 Page 7

Queensland Heritage Regulation 2003 Schedule 2 Schedule 2 Code for IDAS section 8 Part 1 Preliminary 1 Purpose of code (1) The purpose of this code is to ensure development on a local heritage place is compatible with the cultural heritage significance of the place by— (a) preventing the demolition or removal of local heritage places, unless there is no prudent and feasible alternative to the demolition or removal; and (b) maintaining or encouraging, as far as practicable, the appropriate use of local heritage places; and (c) protecting, as far as practicable, the materials and setting of local heritage places; and (d) ensuring, as far as practicable, development on a local heritage place is compatible with the cultural heritage significance of the place. (2) In considering whether there is no prudent and feasible alternative to the demolition or removal of a local heritage place, the assessment manager under the Planning Act for the development must have regard to— (a) safety, health and economic considerations; and (b) any other matters the assessment manager considers relevant. 2 Development to which code does not apply This code does not apply to development on a registered place, even if the place, or part of it, is a local heritage place. Page 8 Current as at 1 July 2015

Queensland Heritage Regulation 2003 Schedule 2 3 Compliance with code (1) This code is complied with for development on a local heritage place if each specific outcome stated in the table, column 1 and applying to the development is achieved. (2) A specific outcome mentioned in the table, column 1, item S.3, S.4, S.5 or S.6 is achieved if the probable solution stated in the table, column 2 for achieving the specific outcome is complied with. Part 2 Specific outcomes and probable solutions Table Specific outcome Probable solution Material change of use of premises S.1 The material change of use is compatible with the conservation and management of the cultural heritage significance of the local heritage place. Reconfiguring a lot S.2 Reconfiguration does not— ( a) reduce public access to the place; or ( b) obscure or destroy any pattern of historic subdivisions, the landscape settings or the scale and consistency of urban precincts relating to the place. Carrying out building work or operational work Current as at 1 July 2015 Page 9

Queensland Heritage Regulation 2003 Schedule 2 Specific outcome Probable solution S.3 Development conserves the P.3 Development— features and values of the local heritage place that contribute to its cultural heritage significance. (a) does not alter, remove or conceal significant features of the place; or ( b) is minor and necessary to maintain a significant use for the place. S.4 Changes to the local heritage P.4 Development is compatible place are appropriately managed with a conservation and documented. management plan prepared in accordance with the Australia ICOMOS Charter for Places of Cultural Heritage Significance. An archival quality photographic record is made of the features of the place that are destroyed because of the development. S.5 Development does not adversely P.5 The scale, location and design affect the character, setting or of the development is appearance of the local heritage compatible with the character, place. setting and appearance of the local heritage place. The development is unobtrusive and can not readily be seen from surrounding streets or other public places. Page 10 Current as at 1 July 2015

Queensland Heritage Regulation 2003 Schedule 2 Specific outcome Probable solution S.6 Excavation or other earthworks P.6 The impact of excavation is do not have a detrimental impact minor and limited to parts of on archaeological sites. the local heritage place that have been disturbed by previous excavation. An archaeological investigation is carried out for development involving high level of surface or subsurface disturbance. Current as at 1 July 2015 Page 11

Queensland Heritage Regulation 2003 Schedule 3 Schedule 3 Fees section 9 1 Certified copy of an entry in the Queensland heritage register (Act, s 33(1)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Certificate about whether a place or area (Act, s 33(1)(b))— ( a) is a State heritage place, an archaeological place or a protected area; or ( b) is the subject of a heritage agreement. . . . . . . . . . . . . 3 Application for certificate of immunity (Act, s 57(3)(b)) . . 4 Application for permit to enter a protected area (Act, s 105(2)(d)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38.60 38.60 777.00 154.80 Page 12 Current as at 1 July 2015

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations Queensland Heritage Regulation 2003 Endnotes 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised version num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous Current as at 1 July 2015 Page 13

Queensland Heritage Regulation 2003 Endnotes 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D 2 2A 2B 3 3A 3B 3C 3D 3E 3F Amendments included none 2004 SL No. 41 2004 SL No. 116 2005 SL No. 152 2006 SL No. 164 Effective 28 November 2003 30 April 2004 2 July 2004 1 July 2005 1 July 2006 — 1 July 2006 2007 SL No. 159 1 July 2007 2008 SL No. 74 31 March 2008 1992 Act No. 9 (amd 1 April 2008 2007 Act No. 50) 2008 SL No. 207 1 July 2008 2008 SL No. 405 5 December 2008 2008 SL No. 440 12 December 2008 2009 SL No. 98 1 July 2009 2010 SL No. 162 1 August 2010 2011 SL No. 135 1 August 2011 Notes R1D withdrawn, see R2 Page 14 Current as at 1 July 2015

Queensland Heritage Regulation 2003 Endnotes Reprint No. 3G 3H Amendments included 2011 SL No. 164 2012 SL No. 114 Effective 26 August 2011 1 August 2012 Notes Current as at 18 October 2013 1 July 2014 1 July 2015 Amendments included 2013 SL No. 204 2014 SL No. 115 2015 SL No. 62 Notes 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Queensland Heritage Regulation 2003 SL No. 268 made by the Governor in Council on 6 November 2003 notfd gaz 7 November 2003 pp 757–60 ss 1–2 commenced on date of notification remaining provisions commenced 28 November 2003 (see s 2) exp 1 September 2014 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Queensland Heritage Amendment Regulation (No. 1) 2004 SL No. 41 notfd gaz 23 April 2004 pp 1543–4 ss 1–2 commenced on date of notification remaining provisions commenced 30 April 2004 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2004 SL No. 116 pts 1, 6 notfd gaz 2 July 2004 pp 705–7 ss 1–2 commenced on date of notification remaining provisions commenced 2 July 2004 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2005 SL No. 152 pts 1, 7 Current as at 1 July 2015 Page 15

Queensland Heritage Regulation 2003 Endnotes notfd gaz 1 July 2005 pp 763–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Environmental Legislation Amendment Regulation (No. 1) 2006 SL No. 164 pts 1, 7 notfd gaz 30 June 2006 pp 1060–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 1) 2007 SL No. 159 pts 1, 9 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Queensland Heritage Act 1992 No. 9 s 177(4)(b) (prev s 104B(4)(b)) (this Act is amended see amending legislation below) amending legislation— Queensland Heritage and Other Legislation Amendment Act 2007 No. 50 ss 1–2, 43 (amends 1992 No. 9 above) date of assent 25 October 2007 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 2008 (2008 SL No. 75) Queensland Heritage and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 74 pts 1–2 notfd gaz 20 March 2008 pp 1598–9 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2008 (see s 2) Environmental Protection Legislation Amendment Regulation (No. 2) 2008 SL No. 207 pts 1, 10 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Queensland Heritage Amendment Regulation (No. 1) 2008 SL No. 405 notfd gaz 5 December 2008 pp 1840–3 commenced on date of notification Queensland Heritage Amendment Regulation (No. 2) 2008 SL No. 440 notfd gaz 12 December 2008 pp 2044–53 commenced on date of notification Environmental Protection Legislation Amendment Regulation (No. 1) 2009 SL No. 98 ss 1, 2(1), 19–20 notfd gaz 19 June 2009 pp 707–11 ss 1–2 commenced on date of notification Page 16 Current as at 1 July 2015

Queensland Heritage Regulation 2003 Endnotes remaining provisions commenced 1 July 2009 (see s 2(1)) Environment and Resource Management Legislation Amendment Regulation (No. 2) 2010 SL No. 162 pts 1, 16 notfd gaz 2 July 2010 pp 1033–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2010 (see s 2) Environment and Resource Management Legislation Amendment Regulation (No. 1) 2011 SL No. 135 pts 1, 16 notfd gaz 8 July 2011 pp 632–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2011 (see s 2) Queensland Heritage Amendment Regulation (No. 1) 2011 SL No. 164 notfd gaz 26 August 2011 pp 995–7 commenced on date of notification Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2012 SL No. 114 pts 1, 4 notfd gaz 27 July 2012 pp 927–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2012 (see s 2) Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2013 SL No. 204 pts 1, 7 notfd <www.legislation.qld.gov.au> 18 October 2013 commenced on date of notification Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2014 SL No. 115 pts 1, 5 notfd <www.legislation.qld.gov.au> 20 June 2014 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2014 (see s 2) Environment and Heritage Protection Legislation (Fees) Amendment Regulation (No. 1) 2015 SL No. 62 pts 1, 6 notfd <www.legislation.qld.gov.au> 26 June 2015 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2015 (see s 2) 5 List of annotations Certificate of immunity—Act, s 57 s 3 prev s 3 om 2008 SL No. 74 s 4 pres s 3 (prev s 5) amd 2008 SL No. 74 s 5(1)–(4) renum 2008 SL No. 74 s 5(5) amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) Current as at 1 July 2015 Page 17

Queensland Heritage Regulation 2003 Endnotes Development by the State—Act, s 71 s 4 prev s 4 om 2008 SL No. 74 s 4 pres s 4 (prev s 6) amd 2008 SL No. 74 s 6(1)–(3) renum 2008 SL No. 74 s 6(4) amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) Recommending declaration of protected areas—Act, s 103 s 5 (prev s 7C) ins 2004 SL No. 41 s 4 amd 2008 SL No. 74 s 8(1)–(3) renum 2008 SL No. 74 s 8(4) amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) Declaration of protected areas—Act, s 103 s 6 (prev s 8) amd 2004 SL No. 41 s 5; 2008 SL No. 74 s 9(1) renum 2008 SL No. 74 s 9(2) amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) sub 2008 SL No. 440 s 3 Prescribed local governments—Act, s 112 s 7 prev s 7 om 2008 SL No. 74 s 7 pres s 7 ins 2008 SL No. 74 s 10 amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) Study must be reported—Act, s 44 s 7A ins 2004 SL No. 41 s 4 om 2008 SL No. 74 s 7 Recommending declaration of protected object—Act, s 46 s 7B ins 2004 SL No. 41 s 4 om 2008 SL No. 74 s 7 Code for IDAS—Act, s 121 s 8 ins 2008 SL No. 74 s 10 amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) Fees s 9 sub 2008 SL No. 74 s 10 Fees s 10 om 2008 SL No. 74 s 10 Repeal of regulation s 11 om 2008 SL No. 74 s 10 SCHEDULE 1AA—PROTECTED AREAS ins 2008 SL No. 440 s 4 SCHEDULE 1—LOCAL GOVERNMENTS FOR SECTION 112 OF THE ACT sch hdg amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) sch 1 ins 2008 SL No. 74 s 11 sub 2011 SL No. 164 s 3 Page 18 Current as at 1 July 2015

Queensland Heritage Regulation 2003 Endnotes SCHEDULE 2—CODE FOR IDAS ins 2008 SL No. 74 s 11 PART 1—PRELIMINARY Purpose of code s 1 amd 2008 SL No. 405 s 3(1)–(5) Development to which code does not apply s 2 amd 2008 SL No. 405 s 3(6) SCHEDULE 3—FEES ins 2008 SL No. 74 s 11 amd 1992 Act No. 9 s 177(4)(b) (amd 2007 Act No. 50 s 43) sub 2008 SL No. 207 s 23; 2009 SL No. 98 s 20; 2010 SL No. 162 s 34; 2011 SL No. 135 s 36; 2012 SL No. 114 s 10; 2013 SL No. 204 s 22; 2014 SL No. 115 s 11; 2015 SL No. 62 s 14 SCHEDULE—FEES amd 2004 SL No. 41 s 6 sub 2005 SL No. 152 s 15; 2006 SL No. 164 s 17; 2007 SL No. 159 s 22 om 2008 SL No. 74 s 11 © State of Queensland 2015 Authorised by the Parliamentary Counsel Current as at 1 July 2015 Page 19