Heritage

1. Heritage under Commonwealth Law

The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 provides protection for the following types of heritage places and items:

The Federal Department of Environment, Water, Heritage and the Arts is responsible for administering these heritage items.

World Heritage

The Convention Concerning the Protection of the World Cultural and Natural Heritage, known as the World Heritage Convention provides for the establishment of an international list of places of 'outstanding universal natural or cultural heritage value. The Environment Protection and Biodiversity Conservation Act provides for the Australia-wide implementation of the World Heritage Convention in Australia . World heritage is categorised as a matter of national significance under the Act. A full list of Australian places listed on the World Heritage list is found here:

http://www.environment.gov.au/heritage/worldheritage/

National Heritage

The Environment Protection and Biodiversity Conservation Act 1999 provides for the listing and protection of places on the National Heritage List.

The National Heritage List is intended to include natural, Indigenous and historic places with outstanding heritage value. The list may include important places outside Australia (such as Gallipoli). In order to be included on the list, a place must satisfy at least one of the National Heritage criteria set out in the Environment Protection and Biodiversity Conservation Regulations 2000 .

Criteria for inclusion on the National Heritage List include:

To view a current version of the National Heritage List, follow this link:

http://www.environment.gov.au/heritage/national/index.html:

Commonwealth Heritage

The Commonwealth Heritage List records natural, Indigenous and historic places that:

In order to be listed, a place must satisfy at least one of the Commonwealth Heritage criteria set out in the Environment Protection and Biodiversity Conservation Regulations . These criteria are identical to the criteria for the National Heritage List set out above, except that they refer to the place having significant heritage value rather than outstanding heritage value.

The full list of Commonwealth Heritage places can be found here:

http://www.environment.gov.au/heritage/commonwealth/index.html

Consolidated searcbes

If you are unsure whether an item, building or place is listed on any of the heritage lists, The Department of Environment provides consolidated searches that will help you determine whether a place is listed as world heritage, national heritage or commonwealth heritage. This database is found here:

http://www.environment.gov.au/cgi-bin/ahdb/search.pl

Another database is provided that lists notices for proposed heritage items, emergency listings and heritage assessments. This database can be found here:

http://www.environment.gov.au/cgi-bin/epbc/heritage_ap.pl

2. NSW Heritage law

State Heritage

Items, places, etc of state heritage significance in NSW are listed under the Heritage Act 1977. The state heritage register is administered by the Heritage Council within the Department of Planning. The Heritage Council makes decisions about the care and protection of heritage places and items that have been identified as being significant to the people of NSW. The Council provides advice on heritage matters to the Minister responsible for heritage in NSW and recommends places and objects for listing on the State Heritage Register. State listing provides strong protection for listed items, although permits can be issued to conduct activities that may harm heritage items.

The current state heritage register is available at this link:

http://www.heritage.nsw.gov.au/07_subnav_02.cfm

Local Heritage

Local Heritage is the responsibility of local councils. Heritage lists are usually found in their Local Environment Plan or a Development Control Plan. If you are trying to determine whether an item is listed as local heritage, you can examine the councils' planning instruments or consult with your local council directly. Local heritage is also listed on the State Heritage Register. However, local heritage does not have the same level of protection as state heritage. See EDO Factsheet on Heritage for more information. This is available at this link:

http://www.edo.org.au/edonsw/site/factsh/fs06_2.php

Heritage managed by National Parks

The National Parks and Wildlife Service manages the Historic Heritage Information Management System (HHIMS) which contains information on around 9000 heritage items in NSW, most of which are in national parks and reserves.

This information is accessible in graphical form. This register is not accessible online. To obtain information on this register you have to email the HHIMS Registar at

3. Indigenous Heritage

Aboriginal objects, relics and places are protected under the National Parks and Wildlife Act 1974. This is administered by the Department of Environment and Climate Change.

An Aboriginal object is defined as any deposit, object or material evidence relating to Indigenous habitation of New South Wales, and includes Aboriginal remains.

An 'Aboriginal place' is a place which, in the opinion of the Minister for the Environment, is or was of special significance for Aboriginal culture.

The Aboriginal Cultural Heritage Advisory Committee advises the Director General of the Department of Environment and Climate Change in relation to the preservation and control of relics and Aboriginal places.

AHIMS database

The National Parks and Wildlife Service maintains a database of Aboriginal objects and Indigenous heritage. It is called the Aboriginal Heritage Information Management System (AHIMS). AHIMS includes:

a database and recording cards for all Aboriginal objects, Aboriginal places and other Aboriginal heritage values in NSW that have been reported to the NPWS

AHIMS replaced the previous NSW Aboriginal Site Register. To obtain information from the database you must write an application letter containing the relevant information, attach the appropriate fee and s end your application to the AHIMS Registrar. Further information is obtained on how to access the Register is found here:

http://www.environment.nsw.gov.au/licences/HowToObtainAHIMSData.htm

Aboriginal areas

These are places that have been identified by the National Parks and Wildlife Service as being of significance to Aboriginal people. These areas are managed in accordance with the cultural values of the Aboriginal people whose heritage they belong to. Follow this link for a current list of Aboriginal areas:

http://www.environment.nsw.gov.au/parktypes/AboriginalAreas.htm