Page 4163 - Week 13 - Thursday, 2 December 2021

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As a result, ACT Heritage concluded that the fence was justifiable, and that it reflected Conservation Management Plan (CMP) advice to use a dark coloured fence in line with the boundary trees, and that it had not diminished the heritage significance of the Complex. On this basis, ACT Heritage concluded that the installation of the fence was not an offence under Section 74 of the Heritage Act 2004 (the Heritage Act), and no further compliance action was undertaken.

(2) Heritage Act approvals are only required where an activity may diminish the heritage significance of a registered heritage place. In this instance, works did not diminish the heritage significance of the Complex; and therefore, no Heritage Act applications or approvals were required.

(3) As above, Heritage Act applications and approvals were not required in this instance.

(4) Heritage Act requirements for the conservation of heritage places vary by place, in response to the specific heritage values and features of each place. For the Complex, there is no Heritage Act requirement that prohibits the installation of fences, where those fences do not diminish the heritage significance of the place.

(5) Heritage Act provisions afford protection to registered heritage places, as under Section 74 of the Act, it is an offence to undertake an activity which diminishes heritage significance values without prior approval. These provisions apply to all parties who own, manage or propose works at registered heritage places; who are responsible for complying with legal requirements. Additionally, where Heritage Act applications are made for works that may diminish heritage values, decisions on those applications are made by the ACT Heritage Council (the Council) as the independent, statutory body responsible for a range of provisions under the Heritage Act. Decisions are based on information and guidelines contained in the Heritage Register entry and, where applicable, an endorsed CMP.

(6) As above, Heritage Act applications and approvals were not required in this instance.

(7) In the ACT, over 600 heritage places and objects are nominated to or registered on the ACT Heritage Register. While ACT Heritage maintains records of all Council advice and decisions, a review of whether the Council has ever refused a fence around a heritage place in the ACT would require significant resources, which are not available at this time. However, in relation to public schools in the ACT, I understand that similar fencing has been installed around most schools, including other schools on the ACT Heritage Register such as Telopea Park School.

Libraries ACT—COVID-19 safety measures
(Question No 515)

Ms Lawder asked the Minister for Transport and City Services, upon notice, on 12 November 2021:

In relation to the answer to question on notice No 28, in which the Minister stated that Libraries ACT is continuing to look for suitable hands-free alternatives for hand-sanitising, has the Government made progress on this matter; if so, what are the details of that progress.


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