If a place is listed on a statutory heritage list, then any major changes need to be approved by either the Heritage Council or the local council to ensure they are sympathetic. If this has not happened, then there may have been a breach of the Heritage Act or the Environmental Planning and Assessment Act and the owners may be liable for prosecution. There are, however, some kinds of work that are exempt from the need for formal approval. Firstly, check what kind of listing covers the property by searching the online Heritage Database. If the property is listed on the State Heritage Register, contact the Heritage Branch on (02) 9873 8500. If the property is listed on a council's local environmental plan, contact the relevant council and ask to speak to their heritage officer.
To find out more about the responsibilities and benefits of owning a heritage-listed place, go to the Heritage Listing Explained page.
Owners also have a responsibility to undertake basic measures such as inspecting a heritage place regularly and securing and protecting it against weather, fire and vandalism, so that it will not further deteriorate. View the Minimum Standards of Maintenance and Repair from the Heritage Listing Explained page.
Government and Heritage
What are the heritage responsibilities of government?
A hundred years ago the business of government was one of the biggest enterprises in the country. We can see the legacy of that activity all around us: post offices, police stations, court houses, railways, roads and bridges. Not surprisingly, much of the significant heritage in NSW is owned or managed by State government agencies. The Heritage Act requires them to compile a register of their heritage assets and to look after them on behalf of the community. The government expects that its own agencies will lead by example in heritage management.
For further information:
- Contact the appropriate government agency and ask for the person or department responsible for heritage matters or asset management;
- Consult the State Agency Heritage Guide, endorsed by the Heritage Council of NSW in 2004. Click here to go to the Publications and Forms page;
- Consult NSW Government and Heritage published by the Heritage Branch. Click here to go to the Publications and Forms page;
- For enquiries from State agencies, contact the Heritage Branch on (02) 9873 8500 to speak to the heritage officer assigned to your particular agency.
Can government-owned heritage be listed on the State Heritage Register?
Yes. Government agencies identify and assess their heritage by preparing a register (known as a Section 170 Heritage and Conservation Register). Those items which are considered to be of special significance to the people of NSW are nominated for listing on the State Heritage Register. You can search the State Heritage Register online.
How do Government agencies manage their heritage assets?
The Heritage Act requires government agencies to prepare a Heritage and Conservation Register. This is a list of heritage assets owned, occupied or managed by the agency and includes an assessment of their heritage significance. It also includes a thematic history of the agency. The register identifies buildings, but may also include natural, movable and Aboriginal heritage. The purpose of the register is to assist agencies care for their heritage assets and make decisions about their future conservation and development. The Heritage Branch provides free computer software and training to assist agencies prepare a Register.
For further information:
- Read about best practice government asset management in the Department of Public Works and Services' Total Asset Management Manual;
- See what a Heritage and Conservation Register looks like by searching the register on the Roads and Traffic Authority's website;
- Consult NSW Government and Heritage.Click here to go to the Publications and Forms page;
- Consult the State Agency Heritage Guide, endorsed by the Heritage Council of NSW in 2004. Click here to go to the Publications and Forms page;
- Contact the Listings Team at the Heritage Branch on (02) 9873 8500.
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Conservation and Maintenance
How do I find out the appropriate colour schemes for my old house?
There are a number of books and references available in book shops or libraries which can help you find the right colours for your house. A good starting point is Colour Schemes for Old Australian Houses or More Colour Schemes for Old Australian Houses by Ian Evans, whose website is available at www.oldhouses.com.au.
How do I go about looking after my old house?
Regular maintenance and upkeep of old buildings is cheaper and more effective than undertaking major repairs every 20 years or so. Often major jobs can be prevented if simple things like cleaning gutters and fixing leaking down-pipes are carried out on a regular basis. The Heritage Branch can provide practical and technical advice on a range of maintenance problems from rising damp to roof plumbing. See the Maintenance Series information sheets listed on the Publications and Forms page.
Is funding available for repair work on my heritage-listed property?
- The Heritage Branch can provide advice on funding options for your particular maintenance or conservation issue. Telephone Victoria Throp (02) 9873 8577 or Miriam Stacy (02) 9873 8576 at the Heritage Branch to discuss your repair work.
- If your property is listed on the State Heritage Register, you may be eligible for funding under our Heritage Incentives Program. Go to the Funding page to view the 12 programs, including Program 1. which offers grants or loans for physical conservation work to items of state significance, Program 2. Land Tax and Local Rate Rebate Grant for Private Owners and Program 5. which provides funding for works to state significant items, in urgent or special circumstances.
- A number of local councils provide small grants or loans to assist heritage projects. Go to the page on Funding Through Other Sources to check if your local council has a local heritage fund.
How do I find good tradespeople to do heritage conservation work?
- You can search the online Conservation Products & Services Directory to view a listing of tradespeople specialising in heritage work. Further listings can be found in the Yellow Pages. Always ask for references when contacting tradespeople.
How do I find an architect or consultant experienced in heritage work?
The Heritage Branch provides an online directory of heritage professionals experienced in heritage work to assist you in the process of selecting a heritage consultant. However, this list is a guide only and does not imply endorsement or accreditation by the Heritage Council or Heritage Branch. In the Conservation section you'll find the Heritage Consultants Directory, as well as other information on making changes to heritage places.
I am a consultant and want to be added to your Heritage Consultants List. How do I go about it?
I am a tradesman and want to be added to your Conservation Products & Services Directory. How do I go about it?
Businesses or services are added to the directory if they can demonstrate that they have undertaken quality work on heritage buildings. Note that inclusion on the list is not an endorsement of particular products or services. If you would like your business to be considered for the directory, take the following steps:
You can also Email your inquiries or any additional material to: miriam.stacy@planning.nsw.gov.au or
victoria.throp@planning.nsw.gov.au
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History
How do I find out about the history of a heritage place?
What information is available about the history of the heritage system in NSW?
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Aboriginal Heritage
Why should Aboriginal heritage be listed?
Listing a significant item of Aboriginal heritage on the State Heritage Register recognises the significance of Aboriginal culture & heritage to NSW. It means that this significant item is preserved for future generations to enjoy. And it is an opportunity to develop awareness within the community.
Isn't the Heritage Act the same as the National Parks & Wildlife Act?
No, they are different and provide two very different levels of protection. While the NPWS Act provides statutory protection for all Aboriginal relics and places, the Heritage Act protects particular places and items that the community has formally recognized as being of high cultural value.
What's the difference between the State Heritage Register and the NPWS Register?
The State Heritage Register should not be confused with the National Parks & Wildlife (NPWS) Register which lists Aboriginal sites and places in NSW. The NPWS is resonsible for the protection and preservation of all Aboriginal places and objects in NSW. The State Heritage Register protects particular places and items that the community has formally recognized as being of high cultural value. The State Heritage Register provides an extra layer of protection beyond that provided by NPWS registers, as it protects against any damage or destruction to 'significant heritage places'.
Can any Aboriginal heritage item be listed on the State Heritage Register?
No. The State Heritage Register is for the recognition of places or items which the community has deemed to be highly significant to their cultural & heritage values or to the Aboriginal peoples of NSW.
I think I've found an Aboriginal site, what do I do?
Aboriginal sites in NSW are primarily protected under the National Parks and Wildlife Act. Contact the relevant NSW Regional Aboriginal Heritage Division
- Metropolitan Region: (02) 9585 6679
- Northern Region: (02) 664 2057
- Southern Region: (02) 6298 9710
If the site is under immediate threat, please urgently contact the NPWS Head Office on (02) 9585 6444 or contact the Aboriginal Heritage Officer at the Heritage Branch on (02) 9873 8500 for further advice.
Which Aboriginal groups should I be consulting in my area?
Contact the New South Wales Aboriginal Land Council on (02) 9689 4444 for the relevant Local Aboriginal Land Council. The Land Council should NOT be the only point of contact. Also contact the Department of Aboriginal Affairs on (02) 9290 8700 or the National Parks and Wildlife Service on (02) 9585 6444 for other relevant Aboriginal community organisations, or contact the Aboriginal Heritage Officer at the Heritage Branch on (02) 9873 8500 for further advice.
What is the role of Aboriginal Heritage Advisory Panel?
The Aboriginal Heritage Advisory Panel provides advice on managing and conserving heritage places that are important to Aboriginal communities. A key role is providing advice to the Heritage Council of NSW on Aboriginal issues from a regional and community perspective.
The panel can also recommend grants through the Heritage Incentives Program to Aboriginal organisations or community groups to help them identify, conserve or promote Aboriginal Heritage in NSW.
While funding is targetted to Aboriginal communities and organisations, non-indigenous organisations such as local councils are encouraged to seek grant co-funding in partnership with an Aboriginal community applicant.
What kind of Aboriginal projects do you fund?
Funding is provided through the Heritage Incentives Program for a wide variety of projects that support Aboriginal heritage in NSW. Projects that have been funded in the past include interpretation projects, Aboriginal heritage trails, mapping projects, conservation work on former mission sites, oral histories. For details on eligibility and how to submit an application go to the Heritage Incentives Program page. Applications can be made any time.
Do you fund family histories?
The Heritage Incentives Program can provide funding for historical work, particularly thematic histories. However, funding is not generally available for family histories. For Aboriginal Heritage this means that a community history would be eligible for funding, but a family history would not qualify in most cases.
How do I apply for a grant?
You can check if your project is eligible and download an application form from the Funding Page on this website. After reading the relevant information and listing anything that you are unsure of, contact the Aboriginal Heritage Officer, for further information on (02) 9873 8567 or email heritage@planning.nsw.gov.au
Applications can be made at any time during the year. Note that applications need to be received at least 14 days before a meeting of the Aboriginal Heritage Advisory Panel to be considered at that meeting. The Aboriginal Heritage Officer can provide dates of upcoming meetings.
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Shipwrecks
1. How can I get access to a shipwreck site?
Most protected underwater sites do not require a permit from the Heritage Branch. Most good dive stores will have information about those sites that do require a permit. Speak to the David Nutley or Tim Smith of the Heritage Branch's Maritime Heritage Unit on (02) 9873 8500.
2. How do I find out about shipwrecks off the NSW coast?
3. What do I do if I find a shipwreck?
Obtain a Shipwreck Reporting Form from the Maritime Heritage Online site. If the wreck has not previously been reported, you will then be acknowledged as the official finder of the wreck. At a suitable opportunity, you will also be presented with an atttractive award plaque.
4. Is shipwreck X protected?
Search the Maritime Heritage Online website shipwreck database. If the wreck is over 75 years old and lies in coastal waters it is protected under the Commonwealth Historic Shipwrecks Act, 1976. If the wreck is over 50 years old and inside a river or harbour, or is on or under dry land, it will be protected by the relics provisions of the NSW Heritage Act, 1977 and after 75 years it will also be on the NSW Historic Shipwreck Register.
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Historical Archaeology
Where can I visit an archaeological site?
How can I work as a volunteer on an archaeological investigation?
Most archaeological work is carried out by trained specialists. But occasionally, on big major projects members of the community are invited to participate on the archaeological excavation under the supervision of the excavation director for the site. Check the historical archaeological section, newspapers and other media for community volunteering opportunities.
What do I do if I find an archaeological relic or artefact?
If you think that you have found an archaeological relic or site, ring our historical archaeologists at the Heritage Branch on (02) 9873 8500. Do not remove or disturb the relic in any way. Depending on the nature of the find, you may be required to undertake some archaeological investigation on the site. These investigations may require a permit under the Heritage Act. Aboriginal sites and artefacts are protected under the National Parks and Wildlife Act 1974. Enquiries about these sites should be directed to your local NPWS office.
A relic is defined in the Heritage Act as 'any deposit, object or material evidence which relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and which is 50 or more years old.'
How do I apply for an excavation permit ?
If you are excavating land and know that you will disturb a relic, or think that you might disturb a relic, then you need to get an excavation permit issued by the Heritage Council of NSW. A relic is any item over 50 years old. To find out more or to download an application form, go to the Permits and Applications page.
Are human skeletal remains considered relics under the Heritage Act?
A relic is defined in the Heritage Act as 'any deposit, object or material evidence which relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and which is 50 or more years old.' Therefore non-Aboriginal human remains older than 50 years old are considered a relic under the Act and, therefore, cannot be disturbed without an excavation permit. Headstones, grave enclosures, grave goods and associated objects are also considered relics under the Act if they are older than 50 years old.
Human skeletal remains and burial sites assessed as being of heritage significance should, as a principle, not be disturbed and the excavation and moving of human remains and burials should be regarded as a last resort.
Consult our publication Skeletal Remains for more information. It can be purchased from the Publications and Forms page.
How do I find out about the archaeological potential of my property?
Many archaeological sites have already been identified through heritage studies, archaeological management plans, archaeological zoning plans or other types of research. Some of those sites are listed on local or regional environmental plans or on the State Heritage Register. However, large parts of the State have not been investigated by archaeologists as yet. If the area where your property is located has not been subject to investigation you may need to undertake an archaeological assessment to find out whether a valuable archaeological site could be lying beneath the surface.
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Movable Heritage
What is movable heritage?
Movable heritage is a term used to define any natural or manufactured object of heritage significance. It does not include archaeological relics found underwater or underground. Movable heritage ranges from significant everyday objects to antiques and may be a single item, a group of items or a whole collection.
How do I find out more about movable heritage?
How do I look after a special object?
We need to understand why items are culturally significant before we make decisions on how to care for them. The Powerhouse Museum publishes a good handbook for those looking after movable items. Caring for Heritage Objects provides some basic guidelines on storage and conservation.
The Museums & Galleries Foundation of NSW can also help you with conservation guidance and practical advice on caring for particular objects. They can be contacted on (02) 9358 1760, mgfnsw@ozemail.com.au
Can I move an item?
Moving an item may diminish its significance and create new storage and conservation problems in another place. Depending on the item's cultural significance, it is important to explore all possible options for retaining movable heritage in its heritage place, cultural group, community or the region it is associated with. Some items are listed on the State Heritage Register and need permission from the Heritage Branch before they can be removed.
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Cemeteries
Who do I contact about cemetery conservation?
Cemetaries Officers
The Heritage Branch financially supports the appointment of officers at the National Trust whose duties include providing advice on cemetery conservation and management. They also provide assistance to the general public in the preparation of NSW Heritage Assistance Program grants for cemeteries.
Please ring:
The Cemeteries Officer at the Trust on 9258 0123.
Can a grave be listed on the State Heritage Register?
Places and objects of all different kinds can be listed on the State Heritage Register, including graves and burial sites. There are already a number of graves, significant to the whole of NSW, listed on the register. These include the grave of Windradyne, a great Aboriginal warrior and leader who was buried near Sofala, and, near Molong, the grave of Yuranigh who guided explorer Major Mitchell. And on the mid-North Coast the Port Macquarie Burying Grounds are listed for their significance to colonial history.
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Research
167 certificate application form