Legislation to increase protections for State Heritage Places passed Parliament last night including new compliance measures and increased penalties for offences under the Heritage Places Act 1993.
The Heritage Places (Protection of State Heritage Places) Amendment Bill allows the government to occupy or make use of a State Heritage Place where a heritage agreement is in place.
The Malinauskas Government supported the Bill that was introduced by Greens MLC Robert Simms, adding amendments aimed at bringing penalties into line with national standards.
The Bill also increases penalties for damage or neglect of State Heritage Places and for failing to comply with a protection order under section 39A of the Act.
The changes seek to address so-called demolition by neglect by putting the onus of proof of any damage onto the owners of the state's 2325 state heritage places. Currently, authorities must prove a heritage listed building has been damaged by the owners.
Further amendments include:
- increased financial penalties in line with other jurisdictions - up to $1 million for a body corporate and $500,000 for an individual. Daily penalties of $50,000 also apply for inaction.
- further enforcement provisions such as repair notices and repair orders that provide for a gradated scale of responses to non-compliance
- allowing protection orders to be an encumbrance on the Certificate of Title for the State Heritage Place
- allowing for community consultation in the process of designations for sites of geological, archaeological, paleontological and speleological significance.
The Malinauskas Government doubled the amount of money available to preserve the state's heritage homes, providing a total of $2.5m in grants over the next decade.
As put by Susan Close
These are important amendments that seek to address the issue of demolition of Heritage Places by neglect, by introducing stricter compliance measures and processes for property owners.
The amendments introduce further enforcement provisions and places the onus of proof on owners for demolition and neglect.
We don't want to see the continued demise of State Heritage Places like Bell's Plumbing Shop in College Park.
These reforms seek to make the processes and responsibilities of landowners clearer and simpler to enforce and support positive conservation outcomes for State Heritage properties.
The increased financial penalties for violations of the Act also brings South Australia's penalty amounts in line with those of other jurisdictions.
As put by Robert Simms
Through constructive negotiations with the Government, the Greens have secured vital reforms to protect South Australia's iconic heritage buildings, preserving them for future generations.
Many South Australians have been horrified to see our once majestic heritage buildings left vacant and becoming a blight as they fall victim to demolition by neglect.
This Greens bill will finally crack down on this practice and encourage the owners of these properties to make necessary restorations and activate them.
I want to thank the Government, and in particular Deputy Premier Close, for working collaboratively with the Greens to achieve these important reforms.
