Heritage Act 2018 and Regulations
1 July 2019, the Heritage of Western Australia Act 1990 was replaced by the Heritage Act 2018.
Key changes in the new Heritage Act 2018 include a streamlined process for entering a place in the State Register; more certainty for owners wishing to develop their heritage places; better protections for important heritage places; and increased transparency by publishing the Heritage Council's advice to the Minister for Heritage on the inclusion of a place in the State Register.
The Act refers to ‘regulations’ or ‘prescribed matters’ in several areas, with these defined under accompanying Regulations, that are issued by the Governor to ensure that the Act can function properly. Consultation on the content of the Heritage Regulations 2019 (also referred to as the Proclamation Regulations) was opened in March 2019 and closed on 3 May 2019. Feedback from the consultation was taken into account before formation of the published Heritage Regulations 2019. It is expected that further content will be added to the Regulations, as the Act becomes functional and scheduled reviews are undertaken of both the Act and Regulations.
Review of Heritage of Western Australia Act 1990
The review of the Heritage of Western Australia Act 1990 (1990 Act) involved two phases of community consultation in 2011 and a third in 2015. This resulted in the development of the Heritage Bill 2016, which was introduced in Parliament by the previous government, but a change in State Government in early 2017 saw the legislative process recommence under the McGowan Labor Government.
Heritage Minister David Templeman introduced the revised Heritage Bill 2017 in November 2017. The Bill was passed on 12 September 2018, giving Western Australia a new heritage Act, now known as the Heritage Act 2018. This Act replaces the previous 1990 Act.