Northern Territory regulation

HERITAGE REGULATIONS 2012

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

3/10 complexity

These Regulations set out what counts as "exempt work" on heritage places and objects in the Northern Territory so that certain minor conservation tasks can proceed without formal heritage approval. They tell owners and tradespeople which routine maintenance, repairs, temporary works, landscape and cemetery works are allowed provided they conserve the place or object and do not harm its heritage significance. This matters because it reduces approval costs and delays for small works while imposing rules to protect significant fabric.

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Current sections

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HERITAGE REGULATIONS 2012

NORTHERN TERRITORY OF AUSTRALIA HERITAGE REGULATIONS 2012 As in force at 1 October 2012 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Exempt work .................................................................................... 1 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 October 2012

HERITAGE REGULATIONS 2012 Regulations under the Heritage Act 2011 1 Citation These Regulations may be cited as the Heritage Regulations 2012. 2 Commencement These Regulations commence on the commencement of the Heritage Act 2011. 3 Exempt work (1) For section 78(1) of the Act, minor work on a heritage place or heritage object is declared to be exempt work if: (a) the work is carried out by, or on the instructions of, the owner of the place or object; and (b) the work is carried out only for the conservation of the place or object; and (c) the work does not detrimentally affect the heritage significance of the place or object. (2) For subregulation (1), minor work is any of the following: (a) routine maintenance or cleaning that does not involve: (i) damage to or the removal of existing fabric; or (ii) the introduction of new material; (b) the repair or replacement of services or equipment such as telecommunication cables, water pipes, electrical wiring and fire extinguishers: (i) by a person who is licensed to carry out the work; and

Heritage Regulations 2012 2 (ii) by the use of existing service routes, cavities or voids, or the replacement of existing surface mounted equipment, in a way that does not involve damage to or the removal of significant fabric; (c) the repair or replacement of deteriorated, damaged or missing fabric: (i) by a person who is licensed to carry out the work and has experience in the conservation of heritage buildings; and (ii) in a way that ensures the repaired or replaced fabric matches the existing fabric and does not involve damage to or the removal of large amounts of fabric; (d) the removal of fabric that is not significant; (e) painting, using paint that: (i) is of the same colour and type as used for the existing scheme; and (ii) is appropriate to the substrate and does not endanger the survival of earlier paint layers; (f) general landscape maintenance that does not damage or substantially alter the layout, contours, plant species or a significant landscape feature of the heritage place or heritage object; (g) tree surgery by a qualified horticulturalist or tree surgeon; (h) the erection of a temporary structure if: (i) the erection or structure does not damage or endanger significant fabric or a significant landscape feature; and (ii) the structure does not obstruct significant views of or from the heritage place or heritage object; (i) the erection of a temporary fence or other structure as a safety or general security measure; (j) if a building is unstable or irreparably damaged – carrying out emergency stabilising measures;

Heritage Regulations 2012 3 (k) the erection of: (i) signage located behind or on the glass surface of a window on commercial premises; or (ii) a temporary real estate sign relating to the sale or leasing of premises; (l) if carried out on a cemetery or burial site – in addition to any other minor work: (i) digging or making a new grave; or (ii) the repair or maintenance of a monument or grave marker. (3) In this regulation: significant, in relation to fabric or a landscape feature on a heritage place or heritage object, means fabric or a feature that: (a) has heritage significance in its own right; or (b) is an essential element of the heritage significance of the place or object.

ENDNOTES Heritage Regulations 2012 4 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2. 3 LIST OF LEGISLATION Heritage Regulations (SL No. 13, 2012) Notified 28 March 2012 Commenced 1 October 2012 (r 2, s 2 Heritage Act 2011 (No. 34 of 2011) and Gaz S43, 31 July 2012)

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 HERITAGE REGULATIONS 2012

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 October 2012