150 BRADDON PTY LTD & ACT HERITAGE COUNCIL (Administrative Review)

The matter under review is an application to the Civil and Administrative Tribunal (Tribunal) by the registered proprietor of Block 1, Section 8 Braddon, the site of The Canberra Rex Hotel, against the decision of the ACT Heritage Council (the Council) dated 14 February 2013. The dispute pertains to the classification of the 'Expansion' Mosaic Mural Wall (the Mural) as either a heritage "place" or a heritage "object". The applicant contends that the Mural should be classified as a heritage object rather than a heritage place, as it is privately owned, integral to the building's structure, and difficult to access. The Council had provisionally registered the Mural as a place of heritage significance, prompting the applicant to seek a review of this decision.

The central legal issue before the Tribunal was whether the Mural should be classified as a heritage place or a heritage object under the Heritage Act 2004. The Tribunal had to determine whether the Mural, which was originally nominated for registration as an object, met the criteria for heritage significance as a place. The Tribunal also considered the definitions of "place" and "object" as provided in the Act, and the appropriate application of section 10 of the Act which outlines the criteria for heritage significance. The applicant argued that the Mural should be classified as an object due to its current location, which makes it difficult to access and view by the public. The Council's decision to classify the Mural as a place was contested on the grounds that it was originally intended to be registered as an object.

The Tribunal reviewed the Council's decision in light of the statutory definitions and the applicant's submissions. The Tribunal concluded that the Mural should indeed be classified as a heritage object, rather than a heritage place. The Tribunal noted that the Mural was originally nominated as an object, is privately owned, integral to the building's structure, and is currently located in a place that is difficult to access and view by the public. These factors align with the definition of a heritage object as provided in the Act. The Tribunal also considered the applicant's argument that the Mural should be classified as an object due to its current location and accessibility issues. Based on these considerations, the Tribunal set aside the Council's decision and substituted it with a decision that an entry to the heritage register be prepared for the object: ‘Expansion’ Mosaic Mural Wall.

The final order of the Tribunal was that the decision of the ACT Heritage Council dated 14 February 2013, which required the preparation of an entry to the heritage register for the place: ‘Expansion’ Mosaic Mural Wall, Braddon (part) Block 1 Section 8 Braddon, ACT, is set aside. In its place, the Tribunal ordered that an entry to the heritage register be prepared for the object: ‘Expansion’ Mosaic Mural Wall. This decision reflects the Tribunal's finding that the Mural should be classified as a heritage object based on the provided criteria and the applicant's submissions.