{"id":"qld:sl-2015-0107","name":"Queensland Heritage Regulation 2015","slug":"queensland-heritage-regulation-2015","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"107 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175436,"registerId":"qld-qld:sl-2015-0107-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Queensland Heritage Regulation 2015 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2015.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Measurement of position under regulation","content":"### sec.2A Measurement of position under regulation\n\nIn this regulation, position is defined by reference to GDA2020.\nIn this section—\nGDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.\ns 2A ins 2020 SL No. 94 s 19\n(sec.2A-ssec.1) In this regulation, position is defined by reference to GDA2020.\n(sec.2A-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions about Queensland heritage places and local heritage places","content":"# Provisions about Queensland heritage places and local heritage places","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Prescribed details for report on proposed development by the State— Act , s 71","content":"### sec.3 Prescribed details for report on proposed development by the State— Act , s 71\n\nFor section 71 (3) of the Act , the details are the following—\nthe address of the Queensland heritage place or other information that adequately identifies the location of the place;\nany reference number given to the place in the Queensland heritage register;\na statement that complies with any relevant guideline made under section 173 of the Act that deals with the impact of proposed development on the cultural heritage significance of the place;\nAny guideline made under section 173 of the Act is available on the department’s website. See section 173 (3) of the Act .\nthe relevant contents of any reports, plans, assessments or other documents that are referred to in, or support, the statement mentioned in paragraph (c) ;\nan engineering report, a conservation management plan, an archaeological management plan\nphotographs, site plans, drawings or other documents showing the proposed development in relation to the features of the place that contribute to its cultural heritage significance.\n- (a) the address of the Queensland heritage place or other information that adequately identifies the location of the place;\n- (b) any reference number given to the place in the Queensland heritage register;\n- (c) a statement that complies with any relevant guideline made under section 173 of the Act that deals with the impact of proposed development on the cultural heritage significance of the place; Editor’s note— Any guideline made under section 173 of the Act is available on the department’s website. See section 173 (3) of the Act .\n- (d) the relevant contents of any reports, plans, assessments or other documents that are referred to in, or support, the statement mentioned in paragraph (c) ; Examples— an engineering report, a conservation management plan, an archaeological management plan\n- (e) photographs, site plans, drawings or other documents showing the proposed development in relation to the features of the place that contribute to its cultural heritage significance.","sortOrder":5},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Prescribed local government— Act , s 83","content":"### sec.3A Prescribed local government— Act , s 83\n\nFor section 83 (1) of the Act , the Brisbane City Council is prescribed.\ns 3A ins 2019 SL No. 32 s 3","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Matters Minister must consider— Act , s 83","content":"### sec.4 Matters Minister must consider— Act , s 83\n\nThis section prescribes, for section 83 (3) of the Act , the matters the Minister must consider in being satisfied that a local government has appropriate procedures in place for exercising a power under section 84 of the Act in relation to the local government.\nThe matters the Minister must consider are the following—\nhow the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example—\nthe criteria the local government uses to assess the significance of the place; and\nwhether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance;\nwhether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act .\nA repair and maintenance notice policy explains—\nhow the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and\nwhether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and\nthe kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and\nhow the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and\nhow the decision-maker considers alternatives to issuing a repair and maintenance notice; and\nhow the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and\nhow the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and\nthe system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and\nthe measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and\nUnder section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place.\nthe measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act .\nIn this section—\ndecision-maker , for a local heritage place, means the decision-maker for the local heritage place as provided for in section 84 (7) of the Act .\nessential repair or maintenance work see section 84 (7) of the Act .\n(sec.4-ssec.1) This section prescribes, for section 83 (3) of the Act , the matters the Minister must consider in being satisfied that a local government has appropriate procedures in place for exercising a power under section 84 of the Act in relation to the local government.\n(sec.4-ssec.2) The matters the Minister must consider are the following— how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example— the criteria the local government uses to assess the significance of the place; and whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; whether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act .\n(sec.4-ssec.3) A repair and maintenance notice policy explains— how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and how the decision-maker considers alternatives to issuing a repair and maintenance notice; and how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and Under section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place. the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act .\n(sec.4-ssec.4) In this section— decision-maker , for a local heritage place, means the decision-maker for the local heritage place as provided for in section 84 (7) of the Act . essential repair or maintenance work see section 84 (7) of the Act .\n- (a) how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example— (i) the criteria the local government uses to assess the significance of the place; and (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance;\n- (i) the criteria the local government uses to assess the significance of the place; and\n- (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance;\n- (b) whether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act .\n- (i) the criteria the local government uses to assess the significance of the place; and\n- (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance;\n- (a) how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and\n- (b) whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and\n- (c) the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and\n- (d) how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and\n- (e) how the decision-maker considers alternatives to issuing a repair and maintenance notice; and\n- (f) how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and\n- (g) how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and\n- (h) the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and\n- (i) the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and Note— Under section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place.\n- (j) the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act .","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Declaration of protected areas— Act , s 103","content":"### sec.5 Declaration of protected areas— Act , s 103\n\nThe area mentioned in schedule 1AA , item 1 of the expired regulation is declared to no longer be a protected area.\nThe area mentioned in schedule 1 —\ncontinues as a protected area; and\nceases to be a protected area on 1 September 2021.\nIn this section—\nexpired regulation means the Queensland Heritage Regulation 2003 as in force immediately before the commencement.\ns 5 amd 2018 SL No. 139 s 3\n(sec.5-ssec.1) The area mentioned in schedule 1AA , item 1 of the expired regulation is declared to no longer be a protected area.\n(sec.5-ssec.2) The area mentioned in schedule 1 — continues as a protected area; and ceases to be a protected area on 1 September 2021.\n(sec.5-ssec.3) In this section— expired regulation means the Queensland Heritage Regulation 2003 as in force immediately before the commencement. s 5 amd 2018 SL No. 139 s 3\n- (a) continues as a protected area; and\n- (b) ceases to be a protected area on 1 September 2021.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Recommending declaration of protected areas— Act , s 103","content":"### sec.6 Recommending declaration of protected areas— Act , s 103\n\nIf the Minister considers it may be helpful in the administration of part 10 of the Act to do so, the Minister may agree, on terms stated by the Minister, to receive from a person a recommendation that an area containing a place of cultural heritage significance be declared to be a protected area.\nWithout limiting subsection (1) , the Minister may require that the recommendation—\ncontain all of the following information—\nthe name and address of the person;\na statement, based on historical research, explaining why the place is of cultural heritage significance;\na statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place;\na history of the place based on historical research;\na description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\nbe accompanied by copies of the material used for the historical research supporting the statement mentioned in paragraph (a) (ii) and the history mentioned in paragraph (a) (iv) , including, for example, photographs, maps, plans and historical land title information; and\nadequately identify the area by reference to survey information or a plan; and\nbe accompanied by a plan showing the relationship between the place’s cadastral boundary, the location of the features mentioned in paragraph (a) (v) and the proposed boundary for the area.\n(sec.6-ssec.1) If the Minister considers it may be helpful in the administration of part 10 of the Act to do so, the Minister may agree, on terms stated by the Minister, to receive from a person a recommendation that an area containing a place of cultural heritage significance be declared to be a protected area.\n(sec.6-ssec.2) Without limiting subsection (1) , the Minister may require that the recommendation— contain all of the following information— the name and address of the person; a statement, based on historical research, explaining why the place is of cultural heritage significance; a statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place; a history of the place based on historical research; a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and be accompanied by copies of the material used for the historical research supporting the statement mentioned in paragraph (a) (ii) and the history mentioned in paragraph (a) (iv) , including, for example, photographs, maps, plans and historical land title information; and adequately identify the area by reference to survey information or a plan; and be accompanied by a plan showing the relationship between the place’s cadastral boundary, the location of the features mentioned in paragraph (a) (v) and the proposed boundary for the area.\n- (a) contain all of the following information— (i) the name and address of the person; (ii) a statement, based on historical research, explaining why the place is of cultural heritage significance; (iii) a statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place; (iv) a history of the place based on historical research; (v) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\n- (i) the name and address of the person;\n- (ii) a statement, based on historical research, explaining why the place is of cultural heritage significance;\n- (iii) a statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place;\n- (iv) a history of the place based on historical research;\n- (v) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and\n- (b) be accompanied by copies of the material used for the historical research supporting the statement mentioned in paragraph (a) (ii) and the history mentioned in paragraph (a) (iv) , including, for example, photographs, maps, plans and historical land title information; and\n- (c) adequately identify the area by reference to survey information or a plan; and\n- (d) be accompanied by a plan showing the relationship between the place’s cadastral boundary, the location of the features mentioned in paragraph (a) (v) and the proposed boundary for the area.\n- (i) the name and address of the person;\n- (ii) a statement, based on historical research, explaining why the place is of cultural heritage significance;\n- (iii) a statement explaining why the person considers the area should be declared to be a protected area and not entered in the register as a State heritage place;\n- (iv) a history of the place based on historical research;\n- (v) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Assessing development applications— Act , s 121","content":"### sec.7 Assessing development applications— Act , s 121\n\nSubsection (2) applies to a development application for, or a change application relating to, assessable development on a local heritage place on a local heritage register, if a local government is the assessment manager or responsible entity under the Planning Act for the application.\nThe code in schedule 2 sets out the assessment benchmarks against which the local government must assess the assessable development.\nSubsection (4) applies to a change application relating to assessable development on a local heritage place on a local heritage register, if a local government is a referral agency for the application.\nThe local government must assess the development application against the assessment benchmarks set out in the code in schedule 2 .\nHowever, this section does not apply if—\nthe local heritage place is also a State heritage place; or\nthe local government’s planning scheme applies, adopts or incorporates the local heritage register.\nIn this section—\nassessable development means development categorised as assessable development under the Planning Act .\ns 7 sub 2017 SL No. 103 s 104\n(sec.7-ssec.1) Subsection (2) applies to a development application for, or a change application relating to, assessable development on a local heritage place on a local heritage register, if a local government is the assessment manager or responsible entity under the Planning Act for the application.\n(sec.7-ssec.2) The code in schedule 2 sets out the assessment benchmarks against which the local government must assess the assessable development.\n(sec.7-ssec.3) Subsection (4) applies to a change application relating to assessable development on a local heritage place on a local heritage register, if a local government is a referral agency for the application.\n(sec.7-ssec.4) The local government must assess the development application against the assessment benchmarks set out in the code in schedule 2 .\n(sec.7-ssec.5) However, this section does not apply if— the local heritage place is also a State heritage place; or the local government’s planning scheme applies, adopts or incorporates the local heritage register.\n(sec.7-ssec.6) In this section— assessable development means development categorised as assessable development under the Planning Act .\n- (a) the local heritage place is also a State heritage place; or\n- (b) the local government’s planning scheme applies, adopts or incorporates the local heritage register.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Fees","content":"### sec.8 Fees\n\nThe fees payable under the Act are stated in schedule 3 .\ns 8 sub 2016 SL No. 79 s 17 sch 1","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.9 Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\ns 9 ins 2022 SL No. 17 s 31\n(sec.9-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.9-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":13},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":14},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Purpose of code","content":"### sch.2-sec.1 Purpose of code\n\nThe purpose of this code is to provide for the conservation of local heritage places by—\npreventing the demolition or removal of local heritage places, unless there is no prudent and feasible alternative to the demolition or removal; and\nmaintaining or encouraging, as far as practicable, the appropriate use of local heritage places; and\nprotecting, as far as practicable, the materials and setting of local heritage places; and\nensuring, as far as practicable, development on local heritage places is compatible with the cultural heritage significance of the places.\nIn considering whether there is no prudent and feasible alternative to the demolition or removal of a local heritage place, the local government that is the assessment manager or responsible entity under the Planning Act for the assessable development must have regard to—\nsafety, health and economic considerations; and\nany other matter the local government considers relevant.\nsch 2 pt 1 s 1 prev s 1 om 2017 SL No. 103 s 106\npres s 1 (prev s 2) amd 2017 SL No. 103 s 107\nrenum 2017 SL No. 103 s 108\n(sch.2-sec.1-ssec.1) The purpose of this code is to provide for the conservation of local heritage places by— preventing the demolition or removal of local heritage places, unless there is no prudent and feasible alternative to the demolition or removal; and maintaining or encouraging, as far as practicable, the appropriate use of local heritage places; and protecting, as far as practicable, the materials and setting of local heritage places; and ensuring, as far as practicable, development on local heritage places is compatible with the cultural heritage significance of the places.\n(sch.2-sec.1-ssec.2) In considering whether there is no prudent and feasible alternative to the demolition or removal of a local heritage place, the local government that is the assessment manager or responsible entity under the Planning Act for the assessable development must have regard to— safety, health and economic considerations; and any other matter the local government considers relevant.\n- (a) preventing the demolition or removal of local heritage places, unless there is no prudent and feasible alternative to the demolition or removal; and\n- (b) maintaining or encouraging, as far as practicable, the appropriate use of local heritage places; and\n- (c) protecting, as far as practicable, the materials and setting of local heritage places; and\n- (d) ensuring, as far as practicable, development on local heritage places is compatible with the cultural heritage significance of the places.\n- (a) safety, health and economic considerations; and\n- (b) any other matter the local government considers relevant.","sortOrder":15},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Compliance with code","content":"### sch.2-sec.2 Compliance with code\n\nThis code is complied with for development on a local heritage place if each specific outcome stated in column 1 of the table in part 2 , and applying to the development, is achieved.\nA specific outcome mentioned in the table, column 1, item S.3, S.4, S.5 or S.6 of the table is achieved if the probable solution stated in column 2 of the table for achieving the specific outcome is complied with.\nsch 2 pt 1 s 2 (prev s 3) renum 2017 SL No. 103 s 108\n(sch.2-sec.2-ssec.1) This code is complied with for development on a local heritage place if each specific outcome stated in column 1 of the table in part 2 , and applying to the development, is achieved.\n(sch.2-sec.2-ssec.2) A specific outcome mentioned in the table, column 1, item S.3, S.4, S.5 or S.6 of the table is achieved if the probable solution stated in column 2 of the table for achieving the specific outcome is complied with.","sortOrder":16},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Specific outcomes and probable solutions","content":"# Specific outcomes and probable solutions","sortOrder":17}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a machinery provision supporting the Queensland Heritage Act. It deals with prescribed details, fees, assessment benchmarks, and administrative procedures as expected for subordinate legislation. The 2017 amendments replaced the assessment code structure and 2022 amendments added fee rounding rules, but these are evolutionary rather than scope-expanding changes."},"complexity_factors":["Multiple nested lists and sub-paragraphs (e.g., section 4 has subsections with 10 separate policy requirements for repair and maintenance notices)","Cross-references to the parent Act (Queensland Heritage Act) throughout, requiring readers to flip between instruments","Conditional application of provisions (e.g., section 7 has multiple conditions about when it applies and exceptions for State heritage places or planning schemes that incorporate registers)","Technical measurement standard (GDA2020) defined by reference to a Commonwealth determination","Schedule-based structure with assessment codes containing tables of specific outcomes and probable solutions","Amendment history notes embedded throughout (e.g., 's 5 amd 2018 SL No. 139 s 3') which clutter the text though don't affect substantive operation"],"plain_english_summary":"This regulation sets out the practical rules for protecting heritage places in Queensland. It covers two types of heritage protection: **State-level** (Queensland heritage places) and **local-level** (local heritage places managed by councils).\n\n**Key things it does:**\n\n- **Development applications**: When someone wants to develop a heritage-listed property, the regulation specifies what information must be included in reports—such as the address, heritage register reference numbers, statements about cultural heritage impact, engineering reports, and photographs showing how the development affects significant features.\n\n- **Local government powers**: It sets out what the Minister must check before approving a local council to manage heritage places, including whether the council has qualified staff and proper policies for repair notices. Brisbane City Council is specifically named as a prescribed council.\n\n- **Protected areas**: It manages special protected zones around heritage sites, including declaring when certain areas stop being protected.\n\n- **Assessment benchmarks**: Schedule 2 contains a code that councils must use when assessing development applications for local heritage places. The code aims to prevent demolition unless there's no practical alternative, protect the materials and setting of heritage places, and ensure new development fits with the heritage character.\n\n- **Fees**: It sets out fees for heritage-related applications and how to round fee calculations.\n\n- **Technical standards**: It specifies that positions must be measured using GDA2020 (a modern geographic coordinate system).\n\n**Who it affects**: Property owners with heritage-listed buildings, developers, local councils (especially Brisbane), heritage consultants, and the Queensland Government's heritage department."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation remains consistent with its original intent as an administrative instrument to support the Queensland Heritage Act. Amendments have updated technical standards (e.g. adopting GDA2020 coordinate system), extended some protected area timeframes, added Brisbane City Council as a prescribed local government, and updated fee provisions — but all changes are within the regulation's original scope of providing procedural and administrative detail for Queensland heritage place management."},"complexity_factors":["Cross-references multiple parent Acts (Queensland Heritage Act, Planning Act, Acts Interpretation Act 1954, National Measurement Determination) requiring familiarity with several legislative instruments","Two-tier heritage system (State heritage places vs local heritage places) with different rules, decision-makers, and processes for each","Layered assessment framework in Schedule 2 using specific outcomes and probable solutions in a table format, which is not reproduced in full in the text provided","Interaction between local government planning schemes and the heritage register creates conditional rules (section 7 exemptions)","Fee calculation provisions involve references to 'fee units' and a separate rounding regime under the Acts Interpretation Act","Historical amendments and renumbering (multiple SL amendments noted throughout) can make tracking the current operative version confusing","Technical geographic reference system (GDA2020) used for position measurement adds a specialist technical dimension"],"plain_english_summary":"## Queensland Heritage Regulation 2015 — What It Does and Why It Matters\n\nThis regulation is the rulebook that sits underneath Queensland's heritage protection laws. It fills in the practical details about **how heritage places are protected, assessed, and managed** across Queensland.\n\n### Who does this affect?\n- **Property owners** of places listed on the Queensland Heritage Register or a local heritage register (a list maintained by your council)\n- **Developers and builders** wanting to carry out work on or near heritage-listed properties\n- **Local councils** responsible for managing heritage places in their area\n- **State government agencies** proposing development near heritage sites\n- **Members of the public** who want to nominate a place for protection\n\n### What does it actually do?\n\n**1. Development reports near heritage places**\nIf the State government wants to develop on or near a Queensland Heritage Place, it must prepare a detailed report. That report must include the property's address, its heritage register number, an assessment of how the development affects the place's cultural significance, supporting documents (like engineering reports or conservation plans), and photos/plans.\n\n**2. Local council powers — repair and maintenance notices**\nCouncils can issue a **repair and maintenance notice** (an official order requiring an owner to fix their heritage property if it's deteriorating due to weather, fire, vandalism, or insects). Before a council gets this power, the Minister must be satisfied the council has proper procedures in place — including qualified staff, clear policies, and safeguards to make sure they don't accidentally issue notices over properties that are actually State-managed.\n\nBrisbane City Council is specifically named as having this power.\n\n**3. Protected areas**\nThe regulation declares which geographic areas remain 'protected areas' (zones around heritage places with extra legal protections). One area from the old 2003 regulation was wound up, and another continued until 1 September 2021.\n\n**4. Nominating new protected areas**\nAnyone can ask the Minister to declare a new protected area around a heritage place. The Minister can require detailed historical research, photographs, maps, and survey plans before considering the nomination.\n\n**5. Development assessment rules for local heritage places**\nIf a developer wants to do work on a locally heritage-listed property, the council assessing that application must use a specific code (set out in Schedule 2). That code aims to:\n- Prevent demolition unless there is absolutely no practical alternative\n- Keep heritage places in active, appropriate use\n- Protect the original materials and surroundings of the place\n- Ensure any new development fits with the place's heritage significance\n\n**6. Fees**\nFees for various applications under the heritage laws are set out in a schedule, with rounding rules for how fee amounts are calculated.\n\n### The bottom line for you\nIf you own, buy, develop, or live near a heritage-listed property in Queensland — whether it's on the State register or your local council's list — this regulation controls what can and can't be done with it, who assesses your applications, and what standards must be met."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.2A","severity":"medium","reasoning":"Section 2A was inserted by 2020 SL No. 94, but the definition of GDA2020 fixes the standard 'as in force on 1 July 2020'. This means the regulation as originally enacted (2015) had no positional reference standard, and the inserted section retrospectively governs positions defined in the regulation from commencement. Any heritage place boundaries defined by position between 2015 and the 2020 amendment may have used the predecessor GDA94 datum, creating a potential mismatch in coordinate systems for existing entries. The frozen 'as in force on 1 July 2020' formulation also means any future updates to the Commonwealth determination are ignored, which could create drift issues over time.","confidence":0.72,"description":"Temporal self-reference paradox: a regulation commencing 1 September 2015 defines position by reference to a standard 'as in force on 1 July 2020', which did not exist at the regulation's commencement."},{"type":"other","section":"sec.5","severity":"low","reasoning":"Section 5(2)(b) mandated that the protected area cease on 1 September 2021. That date has passed, making the subsection entirely spent. The regulation contains no mechanism to clean up or repeal spent transitional provisions, leaving dead text in operative legislation. While not logically contradictory per se, retaining an expired operative provision creates interpretive confusion about the current status of the area and whether the provision was intended to have any residual effect.","confidence":0.65,"description":"A declaration that an area 'ceases to be a protected area on 1 September 2021' is now spent and the provision serves no operative purpose, yet it remains in force as active legislation with no sunset or repeal mechanism for the spent subsection itself."},{"type":"impossible_compliance","section":"sec.5(1)","severity":"medium","reasoning":"The declaration purports to operate on a geographic area defined solely by reference to a schedule in a repealed instrument. If that repealed instrument is not readily accessible, the geographic scope of the declaration is practically unverifiable. This is particularly problematic for a provision that determines whether a specific area receives heritage protection, as affected landowners and planners may be unable to determine whether their land is affected.","confidence":0.7,"description":"Section 5(1) declares an area 'to no longer be a protected area' by reference to 'schedule 1AA, item 1 of the expired regulation'. The expired regulation (Queensland Heritage Regulation 2003) is no longer accessible as in-force law, making the identification of the subject matter of the declaration potentially unverifiable without external archival research."},{"type":"impossible_compliance","section":"sec.6(1)","severity":"medium","reasoning":"A person who wishes to recommend declaration of a protected area has no enforceable right to have that recommendation received, considered, or acted upon. The Minister may simply decline to agree to receive it. Combined with the absence of any review or appeal mechanism in the provision, the pathway is functionally discretionary to the point of being circular: the Minister only receives recommendations the Minister wants to receive, defeating the apparent policy purpose of allowing public input.","confidence":0.75,"description":"The Minister's power to receive recommendations is wholly discretionary and conditioned on the Minister considering receipt 'may be helpful'. There is no obligation, trigger, or standard requiring the Minister to ever agree to receive such a recommendation, effectively rendering the public recommendation pathway illusory."},{"type":"self_contradicting","section":"sch.2-sec.1(1)(a)","severity":"medium","reasoning":"The stated purpose is conservation by preventing demolition. However, the exception allows demolition whenever a 'prudent and feasible alternative' does not exist, and economic considerations are expressly mandated factors in that assessment. Since restoration of heritage places is frequently more expensive than demolition and redevelopment, economic considerations could routinely satisfy the 'no feasible alternative' threshold, making the protection hollow. The code's purpose and its operative exception are in structural tension.","confidence":0.68,"description":"The code's purpose of 'preventing the demolition or removal of local heritage places' is immediately qualified by the exception 'unless there is no prudent and feasible alternative', which is evaluated having regard to 'economic considerations'. This creates a structural tension where economic viability can always justify demolition, potentially nullifying the protective purpose."},{"type":"self_contradicting","section":"sch.2-sec.2(2)","severity":"low","reasoning":"The term 'probable solution' implies a likelihood rather than a certainty of achieving the outcome. However, section 2(2) treats compliance with the probable solution as definitively achieving the specific outcome ('is achieved if'). This creates a logical incongruity: the label 'probable' implies the solution might not work, while the operative text treats it as conclusive proof of compliance. The terminology is internally inconsistent within the same provision.","confidence":0.6,"description":"Section 2(2) states specific outcomes S.3, S.4, S.5 and S.6 are achieved if the 'probable solution' is 'complied with', but the probable solutions are described as 'probable' rather than mandatory, creating ambiguity as to whether compliance with a probable solution guarantees achievement of the specific outcome or merely raises a presumption."},{"type":"other","section":"sec.9(2)","severity":"low","reasoning":"The thresholds use 'not more than $500' for paragraph (c) and 'more than $500' for paragraph (d). A fee of exactly $500 is rounded to nearest 10 cents under (c), whereas a fee of $500.01 is rounded to the nearest dollar under (d). This asymmetry at the boundary means very similar fees receive materially different rounding treatment. While arguably intentional, the practical effect at the precise boundary is anomalous.","confidence":0.55,"description":"The rounding thresholds in section 9(2) create boundary ambiguity at exactly $2.50 and $100 and $500. A result of exactly $2.50 falls within paragraph (a) (not more than $2.50), but the boundary between (b) and (c) at exactly $100 is clear. However, a result of exactly $500 falls within paragraph (c) (not more than $500), meaning the $500 boundary is handled by paragraph (c) not (d), which may produce a different rounding outcome than intended."}],"contradictions":[{"severity":"high","section_a":"sec.7(1)-(2)","section_b":"sec.7(5)(b)","confidence":0.82,"description":"Section 7(1)-(2) requires local governments to assess development on local heritage places against the Schedule 2 code, but section 7(5)(b) disapplies this entire obligation if the local government's planning scheme 'applies, adopts or incorporates the local heritage register'. A local government that incorporates its local heritage register into its planning scheme is simultaneously the entity most likely to be the assessment manager for development on those places, yet is precisely exempted from the code's protection benchmarks."},{"severity":"medium","section_a":"sec.4(2)(a)","section_b":"sec.4(3)(i)","confidence":0.62,"description":"Section 4(2)(a) requires the Minister to consider how a local government assesses cultural heritage significance of places as a precondition to being satisfied the local government has appropriate procedures. Section 4(3)(i) requires the local government's repair and maintenance notice policy to include measures ensuring it does not issue notices in relation to places that are also State heritage places — but the Minister's satisfaction under s.4(2) goes to local heritage place procedures, creating a gap: a local government could satisfy s.4(2)(a) criteria for local heritage assessment while having no adequate procedures to identify State heritage overlaps, and still receive Ministerial approval."},{"severity":"medium","section_a":"sec.7(3)-(4)","section_b":"sec.7(6)","confidence":0.7,"description":"Sections 7(3)-(4) impose an obligation on a local government acting as a referral agency to assess a change application against Schedule 2 benchmarks, referring to it as assessing 'the development application'. However, section 7(6) defines 'assessable development' for the section's purposes. A change application is not itself a development application but relates to one — the use of 'development application' in subsection (4) when subsection (3) refers to a 'change application' creates an internal inconsistency about what instrument is actually being assessed."},{"severity":"medium","section_a":"sch.2-sec.1(1)(a)","section_b":"sch.2-sec.1(2)(a)-(b)","confidence":0.65,"description":"The code's stated purpose in sch.2-sec.1(1)(a) is to prevent demolition 'unless there is no prudent and feasible alternative'. Section 1(2) directs that in considering this question, regard must be had to 'safety, health and economic considerations' and 'any other matter the local government considers relevant'. The open-ended 'any other matter' in (2)(b) effectively allows the local government to consider any factor whatsoever, rendering the 'prudent and feasible' threshold entirely subjective and undermining the objective protective purpose stated in subsection (1)."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-heritage-regulation-2015","history":"/api/acts/queensland-heritage-regulation-2015/history","analysis":"/api/acts/queensland-heritage-regulation-2015/analysis","conflicts":"/api/acts/queensland-heritage-regulation-2015/conflicts","importantCases":"/api/acts/queensland-heritage-regulation-2015/important-cases","documents":"/api/acts/queensland-heritage-regulation-2015/documents"}}