Heritage of Western Australia Amendment Regulations 2012 (WA)

27 March 2012 GOVERNMENT GAZETTE, WA 1501

HR301*

Heritage of Western Australia Act 1990

Heritage of Western Australia Amendment

Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Heritage of Western Australia
Amendment Regulations 2012.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Heritage of Western Australia
Regulations 1991.

4.             Regulation 3A inserted

After regulation 2 insert:

3A.	Works, acts or things excluded from definition of development
(1)	For the purpose of the definition of development in section 3(1) of the Act, the following works, acts or things are excluded from the operation of that definition —

(a) building maintenance that does not involve the removal of, or damage to, the existing fabric of the building or the use of new materials;

1502 GOVERNMENT GAZETTE, WA 27 March 2012

(b)	cleaning that is low pressure, non-abrasive and non-chemical;
(c)	gardening or landscape maintenance that does not involve a major alteration of the layout, contours, structures, significant plant species or other significant features on the land;
(d)	repairs, including replacing missing or deteriorated fabric with like for like fabric, that does not involve the removal of, or damage to, the significant fabric of the building;
(e)	replacement of utility services using existing routes or voids that does not involve the removal of, or damage to, the fabric of the building;
(f)	repainting of the surface of a building —

(i)      in the same colour scheme and paint type if they are appropriate to the substrate and do not endanger the survival of earlier paint layers; and

(ii)      without disturbing or removing an earlier paint layer unless it is chalking, flaking or peeling;

(g) archaeological remains, for the purpose of

an excavation, that does not affect utility services;

(h) the erection or installation of a temporary security fence, scaffold, hoarding or surveillance system that does not affect the fabric of a building, the landscape or archaeological features of the land;

(i)      signage that —

(i)      does not obscure signage that has an integral relationship to the land; or

(ii)      is temporary and does not have a deleterious effect on the fabric of a building; or

(iii)      is temporarily located behind a shop window but is not internally illuminated or flashing; or

(iv)      advertises that a place is for sale or lease but does not remain on the place for more than 10 days after the place is sold or leased;

(j) digging a new grave or the erection of a monument or grave marker of materials, size and form that are consistent with the character of the place.

27 March 2012 GOVERNMENT GAZETTE, WA 1503

(2) The exclusion of works, acts or things from the
operation of the definition of development in
section 3(1) of the Act does not derogate from any
obligation a person has under the Metropolitan
Redevelopment Authority Act 2011 or the Planning and
Development Act 2005 in relation to a development as
defined in those Acts.

5.             Regulation 3 amended

Delete regulation 3(b) and insert:

(b) the form in Schedule 1 is prescribed.

6.             Regulation 4 inserted

After regulation 3 insert:

4.             Certificate of evidence of appointment of inspector prescribed — section 71(2)

Under section 71(2) of the Act, the form in Schedule 2
is prescribed.

7.             Schedule replaced

Delete the Schedule and insert:

Schedule 1 — Register of heritage places

[r. 3]

REGISTER OF HERITAGE PLACES

INTERIM/PERMANENT* ENTRY

1.           Data base no:

2.           Name:

Other names:

3.           Location:

4.           Description of place included in this entry:

5.           Local government area:

1504	GOVERNMENT GAZETTE, WA	27 March 2012
REGISTER OF HERITAGE PLACES

INTERIM/PERMANENT* ENTRY

9.           Heritage agreement:

10.         Statement of significance:

* Delete where inapplicable.

Schedule 2 — Certificate of evidence of
appointment of inspector

[r. 4]

STATE

(Emblem of	(Emblem of Heritage	HERITAGE
Government of	Council of Western
OFFICE
Western Australia to	Australia to be shown
be shown here)	here)

(name of inspector to be shown here)	(Photograph of inspector
Inspector	to be shown here)
State Heritage Office
Expires: (date of expiry of card to be shown

here)

Heritage of Western Australia Act 1990

(reverse side)

This is to certify that I have appointed the person named on the front of this card as an inspector under the Heritage of Western Australia Act 1990 section 71.

_______________________________	_____________________
(name of chairperson to be shown here)	Date
Chairperson Heritage Council of Western Australia

491-493 Wellington Street Perth WA 6000

Tel [phone] Freecall 1800 524 000 Fax [phone]

By Command of the Governor,

N. HAGLEY, Clerk of the Executive Council.