Heritage Information Leaflet 1.7

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Entering a State Heritage Place in the South Australian Heritage Register

This leaflet explains the procedures for inclusion of a place judged to be of State heritage significance in the SA Heritage Register, as well as the ways in which owners can support or oppose an entry. The process of nomination is also explained.

Nomination for the Register

The majority of nominations come from consultants at the completion of a heritage survey. Systematic surveys of the State's built heritage have been underway since 1980. Individuals can also nominate places for the Register. A nomination of a place should be accompanied by as much evidence as possible about its significance. You can download a nomination form (150Kb PDF) from the Heritage web site.

Informal Letter

Before any process of entering a place in the SA Heritage Register is begun, the Heritage Branch sends an informal letter of intent to the owners so that there is an opportunity for the owners to ask any questions they may have regarding the Register. This consultation period is generally for four to six weeks, after which the nomination is considered by the SA Heritage Council.

Provisional Listing

The decision of the Council to provisionally enter a place is the first step to permanently listing it in the Register and the Council must give notice to the owner setting out the reasons why the place is considered to be of heritage significance. The Council must also inform the Minister for Environment and Conservation and the Local Council (if the place is within a Council area) and give public notice in a newspaper circulated throughout the State.

Submissions from owners and others

Anyone who wishes to make a submission either for or against the entry of a place in the Register must do so within three months of the provisional entry. The submission must be in writing, and a person making a submission may also request to be heard in person by the Council. The Council must consider all submissions before deciding whether to confirm the entry of the place in the Register. If the Minister considers that the entry of the place in the Register would not be in the 'public interest', the Minister may direct the Council not to confirm the entry. (A provisional entry that has not been confirmed within twelve months must be removed from the Register unless the Minister grants an extension).

An owner who has made a submission and is not satisfied with the decision of the Heritage Council can appeal to the Environment Resources and Development Court within two months after notice of that decision. The Court may either determine the matter itself or return it to the Council for reconsideration.

Confirmation or alteration of Register entries

A provisional entry of a place can be confirmed after three months once the Heritage Council has considered any submissions. On the other hand, if the Council is of the opinion that the registration of a place is no longer justified or that an entry in the Register should be altered, it may take steps to remove all or part of the place from the Register.

Development of a State Heritage place

Provisional entry gives a place the same protection as a confirmed entry. Development is regulated by the heritage provisions in the Development Act 1993 (see Information Leaflet 1.6).

Development affecting a State Heritage Place is referred to the Heritage Branch for comments and recommendations. However, owners are encouraged to contact the Branch first to discuss concepts and proposals before spending money on sketches and drafted plans from their architect. Once the proposed development is worked through satisfactorily with the Heritage Branch architects, the relevant authority (usually the Local Council) can more speedily make a decision on the development application.

Inclusion in the Register does not preclude development. The aim is to protect the heritage place from adverse changes which detract or destroy important features or elements of the place that contribute to its heritage significance.

Inclusion in the Register does not mean extensions have to exactly match the style of the original. Additions in a contemporary style are often the best option if kept in sympathy with the historic character of the place and compatible with the size, scale, colour and materials of the historic building. In practice this means that such aspects as siting, size, form, scale, colour and materials should be carefully considered in any proposed development.

Heritage Funds

Entry in the Register also makes the owner eligible for financial assistance from the SA Heritage Fund. Owners can apply for assistance for restoration and maintenance work. Finance is provided in the form of grants. (For more information on funding see Information Leaflet 1.8).

Free Advice

Free expert advice is also provided to owners of State Heritage Places. Architects and other professional staff of the Heritage Branch are available to advise on all matters relating to the conservation of historic buildings. In some areas this service is provided by local heritage advisers (contact your council for information).