Reelaw v Queensland Heritage Council

In the matter of Reelaw versus the Queensland Heritage Council, the dispute concerned the entry of the T&G Building, located at 420 Flinders Street, Townsville, into the Heritage Register. The appellant, Reelaw, contested the decision made by the respondent, the Queensland Heritage Council, on 27 February 2004 to permanently list the building in the Heritage Register under the Queensland Heritage Act 1992. The central legal issues revolved around whether the T&G Building met the criteria for entry into the Heritage Register, specifically its architectural, aesthetic, and historical significance, and whether there was any prospect of conserving these cultural heritage values.

The court examined the criteria for entry into the Heritage Register, including those outlined in sections 3, 23(1) & (3), 26(3), 30(1), (2), (5) & (6), 33, 39, and 40 of the Queensland Heritage Act 1992. It also considered whether the T&G Building possessed sufficient architectural, aesthetic, and historical significance to warrant inclusion in the register. The court deliberated on the evidence presented regarding the building's significance and the likelihood of its cultural heritage being preserved. The decision in Advance Bank Ltd v Queensland Heritage Council [1994] QPLR 110 and 229 (CON) was also referred to for guidance on similar issues.

The court determined that the T&G Building did not meet the criteria for entry into the Heritage Register as it lacked the requisite architectural, aesthetic, and historical significance. The court found that there was no substantial evidence to support the claim that the building's cultural heritage values could be conserved. Consequently, the appeal was allowed, and the decision of the Queensland Heritage Council to enter the T&G Building into the Heritage Register was reversed. The court ordered that the entry of the T&G Building into the Heritage Register be removed immediately.