Major amendments to the Heritage Act, 1977 have now passed both houses of State Parliament and are awaiting the Governor's assent. The changes are the result of a substantial review of the NSW heritage system, a process which began under the previous government six years ago.

In the State government's policy released in April 1996 the Minister for Urban Affairs and Planning, Hon. Craig Knowles MP, said that the current Act "was conceived at a time when many of the State's built heritage items were at risk of demolition The Heritage Act was primarily designed to provide emergency protection."

"The Carr Government's new policy will ensure protection is given to the State's heritage assets before threats and conflicts arise."

"One thing government can do is actively put in place systems which encourage investment, development and conservation; systems which do not contradict each other and provide for greater certainty, clarity and consistency in decision-making in the regulatory framework."

Accordingly, one of the key changes in the new legislation is the creation of a State Heritage Register as a schedule to the amended Act. The Register will eventually be a comprehensive register of items of State heritage significance. When the Act is proclaimed the Register will include all places currently protected by Permanent Conservation Orders and items identified as State significant in existing heritage and conservation registers prepared by State government instrumentalities.

Items will be added to the Register by the Minister following an assessment of their significance by the Heritage Council and consultation with owners. The amended Act provides for a Ministerial Review Panel or a Commission of Inquiry, as at present, to review the recommendation if disputes arise.

Although the aim of the Register is to provide information on the State's heritage resource and minimize conflict in the long term, the continuing need for short-term protection has been recognised. The emergency short-term orders which currently can only be made by the Minister will be extended, so that the Minister can authorise local councils to make interim heritage orders for items of local heritage significance.

A central feature of the amendments is the clarification and emphasis of the fact that heritage management is shared with local councils. The amendments also strengthen requirements for State government agencies to lead by example in heritage protection by adopting sound conservation and management practices to maintain the heritage significance of their community heritage assets.

The wilful neglect provisions of the current Act have been scrapped and replaced by a requirement on owners of items on the State Heritage Register to observe minimum standards in areas such as weatherproofing, fire, vandalism and essential maintenance (not restoration). Funding may be available to assist owners. Where these standards are not met and the heritage significance of the item is in jeopardy, the Heritage Council will now have the power to order repairs after consultation with the owner.

In his second reading speech to the Legislative Assembly the Minister said: "Governments are limited in what they can and should do. One thing government can do is actively put in place systems which encourage investment, development and conservation; systems which do not contradict each other and provide for greater certainty, clarity and consistency in decision-making in the regulatory framework."

The amendments clearly establish a two-tiered system of heritage management with a strong focus on significance as the basis for decisions and a reliance on community consultation and involvement.