Heritage Act 1977 Heritage Amendment Regulation 1999 (1999-142) [GG No 27 of 5.3.1999, p 1596] (NSW)
1999 No 142
New South Wales
Heritage Amendment Regulation 1999
under the
Heritage Act 1977
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Heritage Act 1977.
CRAIG KNOWLES, M.P.,
Minister for Urban Affairs and Planning
Explanatory note
The object of this Regulation is to impose minimum standards with respect
to the maintenance and repair of buildings, works and relics that are listed on
the State Heritage Register or within a precinct that is listed on that Register.
This Regulation is made under the Heritage Act 1977, including sections 118 (as substituted by the Heritage Amendment Act 1998) and 165 the general regulation-making power).
Published in Gazette No 27 of 5 March 1999, page 1596 Page 1 1999 No 142
Clause 1 Heritage Amendment Regulation 1999 Heritage Amendment Regulation 1999
1 Name of Regulation
This Regulation is the Heritage Amendment Regulation 1999.
2 Commencement
This Regulation commences on 2 April 1999.
3 Amendment of Heritage Regulation 1993
The Heritage Regulation 1993 is amended as set out in
Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1999 No 142
Heritage Amendment Regulation 1999
Amendments Schedule 1
| Schedule 1 | Amendments |
(Clause 3)
[1] Part 1, heading
Insert before clause 1:
Part 1 Preliminary
Clause 3 Interpretation
Insert at the end of clause 3:
(3) Notes in the text of this Regulation do not form part of
this Regulation.
Part 2, heading
Insert before clause 4:
Part 2 Fees and forms
Part 3
Insert after clause 9:
Part 3 Minimum standards of maintenance and
repair9A Minimum standards imposed Pursuant to section 118 of the Act, the standards set out in this Part are imposed as minimum standards with respect to the maintenance and repair of a building, work or relic that is listed or within a precinct that is listed on the State Heritage Register.
Note. Section 119 of the Act requires the owner of the building,
work or relic to ensure that it is maintained and repaired to standards that are not less than the minimum standards imposed by this Part. Nothing in this Part affects any requirement for the approval under Part 4 of the Act of any aspect of maintenance or repair.
1999 No 142
Heritage Amendment Regulation 1999
| Schedule 1 | Amendments |
9B Inspection (1) The building, work or relic, and its curtilage or site, must be inspected to identify maintenance and repairs that are needed to ensure compliance with section 119 of the Act in respect of the standards set out in clauses 9C-9H. (2) The inspection must be carried out at least once every 12 months in the case of the standards set out in clauses 9C-9G and at least once every 3 years in the case of the standards set out in clause 9H. Note. The maintenance and repair requirements of section 11 9 of the Act are ongoing and are not limited to matters identified by an inspection carried out for the purposes of this clause.
(3) The inspection is to be carried out by a person with
expertise and experience appropriate to the nature of the
item concerned.
(4) In the case of a relic kept in a repository or as part of a
collection, the inspection is to extend to the conditions
under which the relic is kept.
(5) In the case of a relic that is attached to or forms part of
land, the inspection is to include an assessment of the
stability of the site of the relic.
9C Weather protection
(1) The following systems or components, if present, must be maintained and repaired (including by being cleaned and secured) when and to the standard necessary to ensure a reasonable level of protection for the building, work or relic, and its curtilage or site, against damage or deterioration due to weather:
(a) surface and sub-surface drainage systems, (b)
roof drainage systems, including gutters, rainwater heads, downpipes and stormwater drainage systems,
(c) water storages, dams, ponds, retention basins, watercourses, batters, levee banks, sea walls and
other flood and erosion mitigation measures,
1999 No 142
Heritage Amendment Regulation 1999
| Amendments | Schedule 1 |
(d) roofs, walls, doors and windows (including the glass components of doors and windows) and other components intended to exclude sun, rain, wind, hail, snow or other weather elements, including their security against the effects of high winds, (e) systems or components which might be at risk of damage or dislodgment by high winds, including damage by falling trees and branches, tidal inundation or wave action, (f) systems and components such as damp proof courses, flashings, ventilation systems and other measures intended to prevent the ingress of water or dampness or to reduce its effects, (g) lightning conductors, (h) any other system or component designed to protect the building, work or relic or its curtilage or site against damage or deterioration due to weather. (2) Doors and windows of a building may, as an alternative to being repaired, be boarded up, but only:
(a) if the building is unoccupied, or (b) as a short term measure pending repair.
(3) If an opening to a building is designed or intended to have a door, window or other closure in place and does not have the door, window or other closure in place, the opening must be boarded up.
9D Fire protection
(1) Vegetation, rubbish and any other material that could
create a fire hazard for the building, work or relic is to be
removed and not permitted to accumulate.
Note. Vegetation and other items can be of heritage significance,
and their removal may require the approval of the Heritage Council
or the local council.
1999 No 142
Heritage Amendment Regulation 1999
| Schedule 1 | Amendments |
(2) The following systems or components, if present, must be maintained and repaired when and to the standard necessary to ensure a reasonable level of protection for the building, work or relic against damage or destruction by fire:
(a) lightning conductors, (b)
fire detection and control systems, including smoke and heat detectors and fire sprinkler
systems and including associated alarm and
communication systems,
(C) stores of inflammable materials or rubbish, (d)
building services such as electricity, gas and heating systems,
(e)
any other system or component designed to protect the building, work or relic from damage or destruction by fire.
9E Additional fire protection for unoccupied buildings
(1) The following additional fire protection measures must be taken for the protection of a building that is to be unoccupied for a continuous period of 60 days or more:
(a) heating or gas services must be shut down, gas or oil supply to those services must be turned off at the mains or other point of connection to supply, and portable gas or oil storages must be removed, (b) permanent or temporary smoke detection systems must be installed with associated communication systems connected to the Fire Brigade and, if the building will be unoccupied for a period of 6 months or more, provided with a permanent power supply.
(2) This clause does not apply to any outbuilding within the
curtilage or site of a building unless the outbuilding has
been constructed or adapted for use as a dwelling.
(3) The use of a building for storage of goods or materials does not constitute occupation of the building for the purposes of this clause if the building ordinarily has another use or is a building of a kind not ordinarily used for storage.
1999 No 142
Heritage Amendment Regulation 1999
| Amendments | Schedule 1 |
9F Security
(1) Fencing or surveillance systems appropriate to the nature and location of the building, work or relic must be installed to secure it and its site and prevent vandalism.
(2) The following systems or components, if present, must be maintained and repaired when and to the standard necessary to ensure a reasonable level of security for the building, work or relic:
(a) boundary and internal fences and gates, including associated locking mechanisms, (b) in the case of a building, the walls, roof and other building elements, doors, windows and other closures, including glazing and associated locking and latching mechanisms, (c) any electronic surveillance or alarm system installed on the site, (d) any other system or component designed to ensure the security of the building, work or relic.
(3) Doors and windows of a building may, as an alternative to being repaired, be boarded up, but only:
(a) if the building is unoccupied, or (b) as a short term measure pending repair.
(4) If an opening to a building is designed or intended to have a door, window or other closure in place and does not have the door, window or other closure in place, the opening must be boarded up.
9G Additional security measures for unoccupied buildings
(1) The following additional security measures must be taken for the protection of a building that is to be unoccupied for a continuous period of 60 days or more:
(a) if an electronic surveillance or alarm system is installed, the system must be connected to a Police Station or a commercial security provider,
1999 No 142
Heritage Amendment Regulation 1999
| Schedule 1 | Amendments |
(b) if no electronic surveillance or alarm system is installed, arrangements must be in place for regular surveillance of the building, work or relic, as appropriate to its nature and location.
(2) This clause does not apply to any outbuilding within the
curtilage or site of a building unless the outbuilding has
been constructed or adapted for use as a dwelling.
(3) The use of a building for storage of goods or materials does not constitute occupation of the building for the purposes of this clause if the building ordinarily has another use or is a building of a kind not ordinarily used for storage.
9H Essential maintenance and repair
(1) Essential maintenance and repair of a building, work or relic (being maintenance and repair necessary to prevent serious or irreparable damage or deterioration) must be carried out whenever necessary.
(2) Essential maintenance and repair includes:
(a) the taking of measures (including inspection) to control pests such as termites, rodents, birds and other vermin, and (b) the taking of measures to maintain a stable environment for in-situ archaeological relics.
(3) The requirement for essential maintenance and repair extends to (but is not limited to) the following:
(a)
foundations, footings and supporting structure of any building, work or relic,
(b)
structural elements such as walls, columns, beams, floors, roofs and roof structures, and verandah or balcony structures,
(c) exterior and interior finishes and details,
(d)
systems and components (such as ventilators or ventilation systems) in tended to reduce or prevent damage due to dampness,
1999 No 142
Heritage Amendment Regulation 1999
Amendments Schedule 1
(e)
fixtures, fittings and moveable objects attached to the building, work or relic, or to its curtilage or site,
(f)
landscape elements on the site of and associated with the building, work or relic, including vegetation, garden walls, paths, fences, statuary, ornaments and the like.
9I Conservation management plans
(1) A conservation management plan is a plan prepared by the owner of a building, work or relic for the conservation of the building, work or relic.
(2) A conservation management plan endorsed by the
Heritage Council for a building, work or relic may:
(a) provide that a standard set out in this Part does not apply to the building, work or relic (in which case the standard does not apply to it), or (b) impose additional standards of maintenance and repair for the building, work or relic (in which case those standards are imposed as minimum standards with respect to the maintenance and repair of the building, work or relic, in addition to those set out in this Part).
[5] Part 4, heading
Insert before clause 10:
Part 4 Miscellaneous
0
0
0