Background
On 3 December 2021 the Heritage Council accepted a nomination from a member of the public for the Darwin Esplanade to be a protected heritage place under the Heritage Act 2011.
The Heritage Council assessed the nomination against the criteria established by the Heritage Act 2011. The Council determined that the Esplanade is of heritage significance and commenced consultation on whether it should be heritage listed.
When the Heritage Council determines a place to be of heritage significance and begins consultation, the Heritage Act requires the Minister for Heritage to provisionally declare that place to be a Heritage Place to afford it interim protection. This is what occurred with the Esplanade.
In May 2023 the City of Darwin commenced legal proceedings in the Supreme Court, challenging the decisions of the Heritage Council and Minister on 7 grounds.
On 15 November 2024 Justice Huntingford found in favour of the City of Darwin on 2 of the 7 grounds. The Judge found that the Heritage Council was obliged to afford the City of Darwin, as a landowner, the right to be heard before making a decision about the heritage significance of the Esplanade.
On the basis of the findings Justice Huntingford has made orders to set aside the Heritage Council's earlier decision that the Esplanade is of heritage significance and the provisional declaration of the Esplanade as a Heritage Place.
Comments from Heritage Council Chairperson Randle Walker
The Heritage Council accepts the findings of the Court.
The original nomination of the Esplanade stands.
In February 2025 the Heritage Council will restart the assessment of the Esplanade and write to landowners and occupiers including the City of Darwin seeking submissions. Before deciding whether the Esplanade is of heritage significance the Heritage Council will consider these submissions.
If the Heritage Council finds the Esplanade is of heritage significance, it is then required to consult more broadly on the nomination and the Minister must provisionally declare the Esplanade a Heritage Place.
The Heritage Council would then provide a recommendation to the Minister on whether the Esplanade should be permanently declared a Heritage Place.
