Qld Heritage Council v Roman Catholic Archdiocese of Brisbane

The Queensland Heritage Council brought an action against the Roman Catholic Archdiocese of Brisbane seeking declarations and an injunction to prevent the demolition of a building registered on the Queensland Heritage Register. The building in question was a vacant commercial property owned by the church, adjacent to cathedral lands. The primary legal issues before the court involved the interpretation of the terms "precincts" and "genuinely required for liturgical purposes" under the Queensland Heritage Act. Specifically, the court had to determine whether the building formed part of the precincts of the cathedral and if its demolition was genuinely required for liturgical purposes.

The court examined the meaning of "precincts" within the context of the heritage legislation. The term was found to encompass areas contiguous to the cathedral lands, considering the functional and spatial relationship between the building and the cathedral. The court also addressed the phrase "genuinely required for liturgical purposes," determining that it implied a necessity rooted in religious practice rather than mere convenience or preference. The certificate provided by the church was analysed to ascertain whether it met the statutory criteria for exemption from demolition prohibitions. The court concluded that the certificate did not adequately demonstrate the genuine requirement for the demolition to be for liturgical purposes.

Based on its interpretation of the relevant statutory provisions and the evidence presented, the court found that the building did not fall within the exemption for precincts and that the certificate did not substantiate a genuine liturgical requirement. Consequently, the court dismissed the Council's action and refused the sought declarations and injunction. The Archdiocese was not required to pay the Council's costs, and the Council was ordered to pay the Archdiocese's costs of the action.