Cultural heritage
Queensland Heritage Act 1992
This provides for the conservation of Queensland's historical cultural heritage.
It requires all involved in its administration to achieve the retention of the
cultural heritage significance of the places and objects to which it applies
and the greatest sustainable benefit to the community from those places and
objects consistent with the preservation of their cultural heritage significance.
The Act establishes a Queensland Heritage Council of 12 including one appointed
as chairperson. Five members are nominated by the Minister for Environment representing
the National Trust of Queensland, Local Government Association of Queensland
Inc., Queensland Council of Unions, an organisation representing the interests
of property owners and managers in Queensland, and an organisation representing
the interests of rural industries in Queensland. Seven members are nominated
by the Minister after receiving representations from organisations with appropriate
knowledge, expertise and interest in heritage conservation. Councillors can
be appointed for a period of between one and three years.
The Council advises the Minister on matters relating to Queensland’s historical
cultural heritage and in particular on the measures necessary to conserve Queensland’s
cultural heritage for the benefit of the present community and future generations;
administers the Heritage Register; encourages public interest in, and understanding
of, issues relevant to the conservation of Queensland’s cultural heritage; encourages
and assists the proper management of places of cultural heritage significance;
keeps proper records, and encourages others to keep proper records, of places
and objects of cultural significance; and co-operates and collaborates with
federal, State and local authorities in conserving places and objects of cultural
heritage significance.
The Heritage Register is a record of registered places. The Heritage Register
must be kept available for public inspection. A fee applies for a certified
copy of an entry.
The Act contains the criteria for entry in the Register and procedures for making
an entry, removing a place, assessment, objections and appeals, and development
in registered places including development by the State. Development in privately
owned registered places is part of the Integrated Development Assessment System
under the Integrated Planning Act 1997.
One part provides for heritage agreements and their enforcement if necessary.
Another protects archaeological objects on land and under water, and provides
for areas of archaeological interest to be protected.
The Act also has sections for enforcement with stop orders and other orders
with maximum penalties of 17 000 penalty units for breaches.
Queensland Heritage Regulation 2003
This sets out the details of forms approved by the Minister, fees in a schedule, and states the details that must accompany an application to enter a place in the heritage register, an application for a certificate of immunity from registration and a application for an exemption certificate..National Trust of Queensland Act 1963
This establishes The National Trust of Queensland as a body corporate, defines
its objects, powers and duties, and provides for the preservation and maintenance
of chattels, lands and buildings of beauty or of national, historic, artistic,
architectural or scientific interest.
The Council comprises not more than 25 councillors — 10 elected by members and
one from the Royal Historical Society of Queensland, the University of Queensland,
the Queensland Chapter of the Royal Australian Institute of Architects, the
Library Board of Queensland, the director of the Queensland Museum, the chief
executive, Environmental Protection Agency, the Local Government Association
of Queensland, the Queensland Country Women's Association, the Queensland Art
Gallery Board of Trustees; and the Returned and Services League of Australia
(Queensland Branch).
The Act provides for members — people and bodies corporate —rules and by-laws,
budgets, funds, reporting, and regulations.
National Trust of Queensland By-law 1988
These cover entry, use, charges, damage and misuse of National Trust property with penalties for breaches. National Trust of Queensland (Financial Arrangements) Regulation 1981 These detail the forms and procedures to be followed for all National Trust financial transactions, budgets, reports and audits.
Newstead House Trust Act 1939
Newstead
House in Newstead Park, Newstead, is Brisbane's oldest residence. The Act
establishes a Board of Trustees of Newstead House comprising representatives
of the Queensland Government (one member), the Royal Historical Society of Queensland
(one member) and the Brisbane City Council (one member).
The Board:
- ensures the maintenance and good order of Newstead House at all times;
- ensures that the Homestead is accessible to members of the general public through clearly indicated hours of public inspection and the creation of events and activities to encourage visitors to the Homestead;
- educates the public and through Newstead House creates a greater awareness of the history of Queensland in general and of Brisbane in particular; and
- through the re-creation of the Homestead in the style of the Victorian Period, informs and educates the visiting public in antiques and the fine arts of the Victorian Period.
Aboriginal Land Act 1991 (s83[2–10]; s134 (as it applies to the provisions of the Act administered by the Minister for Environment).
Torres Strait Islander Land Act 1991 (s80[2–10]; s132 (as it applies in relation to the provisions of the Act administered by the Minister for Environment).
This legislation states the procedures to be followed involving claims of national park land. National parks declared 'claimable' can be claimed in recognition that land is of spiritual, social, historical, cultural and economic importance to Aboriginal and Torres Strait Islander people.
Responsibility for administering the legislation involving national parks is shared by the Department of Natural Resources and the Environmental Protection Agency and independent tribunals.
The Environmental Protection Agency is required to co-ordinate management planning processes, establish boards of management for the parks, enter into perpetual lease arrangements with grantees and administer lease-back national parks.
The legislation declares that a national park remains a national park even if the whole or part of it is granted as Aboriginal or Torres Strait Islander land.
More information
Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer GOPRINT.
Last updated: 26 April 2006
