Royal Hotel, Hill End Historic Site. Credit - John Spencer DPIE

Royal Hotel, Hill End Historic Site. Credit: John Spencer DPIE

18. Compliance with minimum standards and orders

Compliance with minimum standards and orders

This exemption is for work required to meet the minimum standards of maintenance and repair or as part of an order issued for a heritage item.

The Minimum Standards of Maintenance and Repair are contained in Part 3 of the Heritage Regulation 2012. They apply to all items listed on the State Heritage Register (SHR) or subject to an Interim Heritage Order (IHO). Owners of SHR and IHO are required to ensure their heritage item meets the minimum standards of maintenance and repair.

Orders may be issued to remedy an action or failure to maintain and repair. 

Examples of typical activities/works relate to:

  • weather protection
  • fire prevention and protection
  • security and
  • essential maintenance and repair to prevent serious or irreparable damage.

Standard Exemption 18. Compliance with minimum standards and orders

General conditions (see page 6 of Government Gazette) apply to the use of all Standard Exemptions and must be complied with. 

The following specified activities/works to an item do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities/works are undertaken in accordance with each of the relevant standards prescribed below.

 Specified activities/works:

  1. Specified actions required for the purposes of compliance with minimum standards set out in:
    1. Part 3 of the Heritage Regulation 2012, or
    2. an Order under section 120 of the Heritage Act 1977, or
    3. an Order under Schedule 5 Part 1 or Part 2 of the Environmental Planning and Assessment Act 1979 which is consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clause 3 (Orders affecting heritage items) of that Act.

Relevant standards:

  1. Activities/works required by an order under the Environmental Planning and Assessment Act 1979 must be consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clauses 3 of that Act.