Heritage Regulations 2019 (Western Australia)

The Heritage Regulations 2019 prescribe procedural and evidentiary detail to give effect to parts of the Heritage Act 2018. The Regulations specify how the Heritage Council of Western Australia is constituted and operates; how the State Register of Heritage Places is managed; procedural steps and timelines for nominations, amendments, removals and reviews of register entries; the form and content of applications and notices (including repair notices and works permits); interaction rules between decision-makers (planning, building and other regulatory authorities) and the Council; valuation assumptions where heritage status affects land value; and requirements applying to State agencies that hold, dispose of or manage heritage assets. The Regulations also deal with members’ conflict of interest disclosure and voting rules, meeting and committee procedures, consultation and advertising requirements, and prescribed timeframes for a number of Council and Ministerial actions.

Mechanically, the Regulations turn high-level Act provisions into specific obligations and timetables. Examples include: mandatory advertisement of expressions of interest for Council appointment (reg 5); maximum terms of office (reg 6); the prescribed content of a nomination for entry on the register (reg 30); mandatory public access to the register on the Council’s website and maintenance of an electronic database (regs 28-29); a 60‑day preliminary determination period for nominations (reg 30(2)); prescribed types of neglect that may justify a repair notice (reg 38); the Council’s duty to contact owners within specified windows following the issue of a repair notice and to offer negotiation (reg 39); and precise periods for advice and notice between decision‑makers and the Council (for example reg 42(2): 42 days). The Regulations also create discrete procedures for compensation applications where work prohibitions occur (regs 44G-44H).

CrestWestern Australia

Heritage Act 2018

Heritage Regulations 2019

Western Australia

Heritage Regulations 2019

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Heritage Council of Western Australia

Division 1 — How Council is constituted

Additional qualifying fields for nomination 2
Expressions of interest in appointment as Council member 2
Term of office 2
Casual vacancies 3
Leave of absence 4
Alternate members 4
Acting in chairperson’s place 5
Co‑opted members 6

Division 2 — Conflicts of interest

Term used: member 6
Disclosure of interest 6
Voting by interested member 7
Regulation 14 may be declared inapplicable 7
Quorum where regulation 14 applies 8
Minister may declare regulations 14 and 16 inapplicable 8

Division 3 — Council meetings

Holding meetings 9
Quorum 9
Procedure at meetings 9
Voting 9
Holding meetings remotely 10
Resolution without meeting 10
Minutes 10

Division 4 — Committees

Committees 10
Directions to committee 11
Other provisions relating to committees 11

Part 3 — State Register of Heritage Places

Public inspection of register 12
Form and content of register 12
Nomination for entry on the register 12
Section 41 direction 14

31A. Entry in register 14

Request for amendment of land description in register entry 14
Section 45 direction 15

33A. Notice of amendment to land description 15

Request for removal 15
Section 50 direction 16

35A. Notice of removal of register entry 16

Statement of cultural heritage significance: section 52 16
Reviewing statement of cultural heritage significance 17

Part 4 — Repair notices

Neglect giving cause for repair notice: section 64 18
Consultation and negotiation regarding works 18

Part 5 — Proposals affecting places of heritage interest

39A. Term used: decision‑maker 20

Prescribed proposal: section 71 20
Exemptions from requirement to refer proposals: section 73 20
Advice and notification of decision on referred proposal: sections 74 and 75 22
Prescribed proposal: section 76 22

43A. Reconsideration of advice 24

Permit for works affecting registered place 25

Part 5A — Valuation of land

44A. Taking account of matters affecting land use or development 26

44B. Supplementary valuation assumptions 27

Part 5B — Local heritage surveys

44C. Publication of guidelines for local heritage surveys 28

Part 5C — State government heritage

44D. Heritage assets 29

44E. Guidelines about State government heritage 29

44F. Disposal of heritage assets 30

Part 5D — Compensation in relation to work prohibition

44G. Application for compensation 32

44H. Time period for recommendation 32

Part 6 — Miscellaneous

Notice by electronic communication: section 163(1)(b) 33
Other prescribed ways of giving notice to an owner or occupier: section 163(1)(d) 33
General notice 34

47A. Statutory notification 35

Consultation under Act 35
Publication of advertisements 36

Notes

Compilation table 38

Defined terms

Heritage Act 2018

Heritage Regulations 2019

Part 1 — Preliminary

1. Citation

	These regulations are the *Heritage Regulations 2019*.

2. Commencement

These regulations come into operation on the day on which the Heritage Act 2018 section 164 comes into operation.

3. Terms used

In these regulations, unless the contrary intention appears —

Commission means the Western Australian Planning Commission established by the Planning and Development Act 2005 section 7(1);

committee means a committee established under regulation 25;

Council member —

(a) means a member of the Council; and

(b) includes the chairperson; and

[Regulation 3 amended: SL 2022/129 r. 4.]

Part 2 — Heritage Council of Western Australia

Division 1 — How Council is constituted

4. Additional qualifying fields for nomination

The following fields are prescribed under section 14(3)(b)(xii) of the Act —

(a) Aboriginal cultural heritage;

(b) horticulture;

(d) tourism.

5. Expressions of interest in appointment as Council member

(1) Before nominating a person for appointment as a Council member under section 14(1) of the Act, the Minister must publish an advertisement calling for expressions of interest in nomination for appointment.

(2) The advertisement —

(a) must be published for at least 7 days on the Council’s website; and

(b) may be published on any other form of media.

(3) The Minister must consider expressions of interest lodged in accordance with the advertisement but may nominate a person as a Council member whether or not the person has lodged an expression of interest.

6. Term of office

(1) A Council member holds office for the term specified in the member’s instrument of appointment.

(2) The term of office specified in an instrument of appointment must not exceed 5 years.

(3) A person’s eligibility for appointment as a Council member or the term for which a person may be reappointed is not affected by an earlier appointment.

(4) A Council member whose term of office expires without a person having been appointed to fill the vacancy continues in office (unless under regulation 7 the member resigns or is removed from office) until whichever of the following happens first —

(a) a person is appointed to fill the vacancy;

(b) a period of 6 months elapses after the expiry of the term of office.

7. Casual vacancies

(1) In this regulation —

misconduct includes conduct that renders the Council member unfit to hold office as a member even though the conduct does not relate to a duty of the office.

(2) The office of a Council member becomes vacant if the member —

(a) dies, resigns under this regulation or is removed from office under this regulation; or

(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(d) is convicted of an offence under regulation 13(1).

(3) A Council member may resign from office by written notice addressed to the Minister.

(4) The resignation takes effect on the later of the following —

(a) receipt of the notice by the Minister;

(b) the day specified in the notice.

(5) The Minister may remove a Council member from office on the grounds of —

(a) neglect of duty; or

(b) misconduct or incompetence; or

(d) absence, without leave, from 3 consecutive meetings of which the member has had notice.

8. Leave of absence

(1) The Council may, on the terms and conditions determined by the Council, grant a Council member leave to be absent from office for a period not exceeding 2 months.

(2) The Minister may, on the terms and conditions determined by the Minister, grant a Council member leave to be absent from office for a period exceeding 2 months.

9. Alternate members

(1) If a Council member other than the chairperson is unable or unavailable to act because of illness, absence or other cause, the Minister may appoint another person as an alternate member to act temporarily in the member’s place.

(2) If a Council member is acting in place of the chairperson at a meeting, the Minister may appoint another person to act in place of the member as an alternate member.

(3) While acting in accordance with the appointment the alternate member is taken to be, and to have any entitlement of, a Council member.

(4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

10. Acting in chairperson’s place

(1) The Minister may appoint a member of the Council as deputy chairperson.

(1A) If the chairperson of the Council is unable or unavailable to act because of illness, absence or other cause, or if there is no chairperson, the deputy chairperson may act temporarily in the chairperson’s place.

(1B) If, in the circumstances set out in subregulation (1A), the deputy chairperson is unable or unavailable to act because of illness, absence or other cause, or if there is no deputy chairperson, the Council may recommend to the Minister which member will act as chairperson.

(2) If a recommendation is made under subregulation (1B), the Minister may —

(a) appoint the recommended member to act temporarily in the chairperson’s place; or

(b) appoint another Council member to act temporarily in the chairperson’s place.

(3) If neither the chairperson nor the deputy chairperson nor a person appointed to act in the chairperson’s place under subregulation (2) is able to preside at a meeting or at a part of a meeting of the Council, the members present may elect one of their number to be the acting chairperson for the meeting or the part of the meeting as the case may be.

(4) An act or omission of the deputy chairperson or of a Council member acting in the chairperson’s place cannot be questioned on the ground that the occasion to act had not arisen or had ceased.

[Regulation 10 amended: SL 2022/129 r. 5.]

11. Co‑opted members

A person appointed under section 15 of the Act as a co‑opted member of the Council in relation to matters that are specified in the instrument of appointment may vote on questions arising in relation to those matters as if the person were a Council member.

Division 2 — Conflicts of interest

12. Term used: member

In this Division —

member means —

(a) a Council member; and

(b) an alternate member acting under regulation 9; and

13. Disclosure of interest

(1) A member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Council.

Penalty for this subregulation: a fine of $5 000.

(2) A member of a committee who has a material personal interest in a matter being considered or about to be considered by the committee must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the committee.

Penalty for this subregulation: a fine of $5 000.

(3) Subregulation (2) applies to a person who is a member of the committee and also a member as defined in regulation 12 even though the person has already disclosed the nature of the interest at a meeting of the Council.

(4) If a member has, in the opinion of the person presiding at a meeting of the Council or a committee, a material personal interest in a matter being considered or about to be considered by the Council or committee, as the case requires, the person presiding may call on the member to disclose the nature and extent of the interest and, in default of any such disclosure, may determine that the member has the interest.

(5) A disclosure under subregulation (1) or (2) or a determination under subregulation (4) must be recorded in the minutes of the meeting.

14. Voting by interested member

(1) A member as defined in regulation 12, or a member of a committee, who has a material personal interest in a matter being considered or about to be considered by the Council or a committee —

(a) must not vote, whether at a meeting or otherwise, on the matter; and

(b) must not be present while the matter is being considered at a meeting.

(2) A reference in subregulation (1)(a) or (b) to a matter includes a reference to a proposed resolution under regulation 15 in respect of the matter, whether relating to that member or a different member.

15. Regulation 14 may be declared inapplicable

Regulation 14 does not apply if —

(a) a member has disclosed under regulation 13 an interest in a matter; and

(b) the Council or committee, as the case requires, has at any time passed a resolution that —

(i) specifies the member, the interest and the matter; and

(ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter.

16. Quorum where regulation 14 applies

(1) Despite regulation 19, if a Council member or alternate member is disqualified under regulation 14 in relation to a matter, a quorum is present during the consideration of the matter if at least half the number of members who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present.

(2) The Minister may deal with a matter insofar as the Council cannot deal with it because of subregulation (1).

17. Minister may declare regulations 14 and 16 inapplicable

(1) The Minister may by writing declare that regulation 14 or 16 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.

(2) The Minister must cause a copy of the declaration to be laid before each House of Parliament within 14 sitting days after the declaration is made.

Division 3 — Council meetings

18. Holding meetings

(1) Meetings of the Council are to be convened by the chairperson and, unless convened under subregulation (2) or (3), are to be held at times and places determined by the Council.

(2) A special meeting of the Council may at any time be convened by the Minister or the chairperson.

(3) If at least half the number of Council members in office give notice in writing to the chairperson requesting the chairperson to convene a meeting in relation to any matter, the chairperson must convene a meeting to be held within 14 days after the request is made.

19. Quorum

A number of Council members equal to at least half the number of members in office constitutes a quorum.

20. Procedure at meetings

(1) The Council must determine its own meeting procedures to the extent that they are not fixed by these regulations.

(2) In any case of dispute, doubt or difficulty in relation to matters of procedure or order, the decision of the member presiding is final.

21. Voting

(1) At a meeting of the Council, each member present has a deliberative vote unless regulation 14 prevents the member from voting.

(2) In the case of an equality of votes, the member presiding has a casting vote in addition to a deliberative vote.

(3) Questions arising at a meeting must be resolved, in open voting, according to how a majority of votes are cast.

22. Holding meetings remotely

The presence of a person at a meeting of the Council need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.

23. Resolution without meeting

A resolution in writing signed or otherwise assented to in writing by at least half of the Council members in office has the same effect as if it had been passed at a meeting of the Council.

24. Minutes

The Council must cause accurate minutes to be kept of the proceedings at each of its meetings and each meeting of a committee.

Division 4 — Committees

25. Committees

(1) The Council may establish committees to assist in the performance of the Council’s functions.

(2) The Council may discharge, alter or reconstitute any committee.

(3) The Council may —

(a) determine the functions, membership and constitution of a committee; and

(b) appoint such Council members and other persons as it thinks fit to be members of the committee.

(4) A committee must include at least one member who is a Council member.

26. Directions to committee

(1) The Council may give directions to a committee with respect to its functions and procedures.

(2) A committee must comply with a direction given to it by the Council.

27. Other provisions relating to committees

(1) A committee may, with the approval of the Council, invite a person to participate in a meeting of the committee but the person cannot vote on any matter before the committee.

(2) Subject to any directions given by the Council and to the terms of any delegation under which the committee is acting, a committee may determine its own procedures.

Part 3 — State Register of Heritage Places

28. Public inspection of register

(1) The register must be available for public inspection on the Council’s website.

(2) Information regarding amendments to, and removals of, entries in the register must be available for public inspection on the Council’s website.

29. Form and content of register

(1) The register must be kept in the form of an electronic database.

(2) The register must include the following —

(a) a separate entry for each place entered on the register;

(b) a record of amendments made to any entry on the register;

30. Nomination for entry on the register

(1) A nomination of a place for entry on the register must —

(a) be made in writing; and

(b) include the following —

(i) the name and address of the nominator;

(ii) the street address (if any) of the place;

(iii) a land description of the place or other particulars sufficient to identify the location and boundaries of the land included in the place;

(iv) a map showing the precise area of the place;

(v) a description of the place;

(vi) at least one photograph of the place as commonly viewed from the street or nearest public road.

[(vii) deleted]

(1A) A nomination of a place for entry on the register must give reasons why the nominator considers the place to have cultural heritage significance.

(1B) Subregulation (1C) applies in relation to a place that was previously nominated for entry on the register if the outcome of the previous nomination was that —

(a) the Council made a preliminary determination that the place did not warrant review; or

(b) the Council completed a review of the place but did not recommend to the Minister that the place be entered in the register; or

(1C) The statement of reasons required by subregulation (1A) must include significant information relating to the cultural heritage significance of the place that was not provided to the Council in connection with any previous nomination.

(2) Within 60 days after receiving the nomination the Council must make a preliminary determination as to whether the nominated place warrants review under section 40(1) of the Act.

(3) The following persons are prescribed for the purposes of section 39(3) of the Act in relation to a place which the Council determines under section 39(2) of the Act to warrant review —

(a) each local government in whose district the place or any part of it is situated;

(b) the Commission.

[Regulation 30 amended: SL 2022/129 r. 6.]

31. Section 41 direction

(1) Within 30 days after receiving a recommendation made by the Council under section 40(2) of the Act the Minister must give a direction under section 41(1)(a) or (b) of the Act.

(2) The following persons are prescribed for the purposes of section 41(3) of the Act in relation to a place that is the subject of a direction under section 41(1) of the Act —

(a) each local government in whose district the place or any part of it is situated;

(b) the Commission.

[Regulation 31 amended: SL 2022/129 r. 7.]

31A. Entry in register

The following persons are prescribed for the purposes of section 42(2) of the Act in relation to a place that is the subject of an entry in the register —

(a) each local government in whose district the place or any part of it is situated;

(b) the Commission.

[Regulation 31A inserted: SL 2022/129 r. 8.]

32. Request for amendment of land description in register entry

(1) A request under section 43(1) of the Act to amend a land description must —

(a) be made in writing; and

(b) include —

(i) a land description of the land or other particulars sufficient to identify the location and boundaries of the land; and

(ii) the owner or owners’ reasons for seeking the amendment.

(2) Within 60 days after receiving the request the Council must make a determination as to whether the requested amendment warrants consideration in detail.

33. Section 45 direction

Within 30 days after receiving a recommendation made by the Council under section 44(2) of the Act the Minister must give a direction under section 45(1)(a) or (b) of the Act.

33A. Notice of amendment to land description

The following persons are prescribed for the purposes of section 46(2) of the Act in relation to a place, the land description of which is amended —

(a) each local government in whose district the place or any part of it is situated;

(b) the Commission.

[Regulation 33A inserted: SL 2022/129 r. 9.]

34. Request for removal

(1) A request under section 48(1) of the Act to remove an entry in the register must —

(a) be made in writing; and

(b) include —

(i) a land description of the land or other particulars sufficient to identify the location and boundaries of the land; and

(ii) the owner or owners’ reasons for seeking the removal.

(2) Within 60 days after receiving the request the Council must make a determination as to whether the requested removal warrants consideration in detail.

(2A) A request under section 48(4) of the Act to refer the matter to the Minister must be made in writing.

(3) If the matter is referred to the Minister under section 48(4) of the Act, the Minister must act under section 48(4)(a) or (b) of the Act within 30 days after the referral.

[Regulation 34 amended: SL 2022/129 r. 10.]

35. Section 50 direction

Within 30 days after receiving a recommendation made by the Council under section 49(4) or (5)(b) of the Act the Minister must give a direction under section 50(1)(a) or (b) of the Act.

35A. Notice of removal of register entry

The following persons are prescribed for the purposes of section 51(2) of the Act in relation to a place, the registry entry relating to which is removed —

(a) each local government in whose district the place or any part of it is situated;

(b) the Commission.

[Regulation 35A inserted: SL 2022/129 r. 11.]

36. Statement of cultural heritage significance: section 52

A statement of cultural heritage significance in relation to a registered place must include the following —

(a) the name of the place;

(b) a general description of the place;

(d) a description of the features and elements of the place that contribute to its cultural heritage significance.

37. Reviewing statement of cultural heritage significance

The Council must review the statement of cultural heritage significance for a registered place whenever errors or inaccuracies in the statement are brought to the Council’s attention by any person.

Part 4 — Repair notices

38. Neglect giving cause for repair notice: section 64

The following kinds of neglect or extent of neglect of a registered place are prescribed for the purposes of section 64(1)(a) of the Act —

(a) missing or leaking roof fabric, flashings, gutters, downpipes, doors or windows or exterior wall damage that allows rainwater to enter the interior or accumulate adjacent to the foundation of a structure;

(b) missing or damaged roof, wall, sub‑floor or foundation structural elements;

(d) missing or defective hardware on doors or windows preventing them from closing and locking;

(e) any other neglect or disrepair that risks the total or partial loss of any element that contributes to the cultural heritage significance of the place.

[Regulation 38 amended: SL 2022/129 r. 12.]

39. Consultation and negotiation regarding works

(1) The Council must, within the time specified in subregulation (2), contact the owner or occupier to whom a repair notice is given and —

(a) confirm that the owner or occupier —

(i) has received the repair notice; and

(ii) is aware of what works are specified in the notice and what date is specified in the notice for completion of the works; and

(iii) is aware that if the works specified in the repair notice are not completed by the date specified in the repair notice the Council may advise the Minister to issue a repair order and that there is a substantial penalty for failing to comply with a repair order;

and

(b) invite the owner or occupier to meet with the Council at a time within 10 days after the contact is made to discuss any matter in relation to the repair notice and, if the owner or occupier wishes, to negotiate in relation to any aspect of the repair notice.

(2) Subject to subregulation (3), the Council must contact the owner or occupier under subregulation (1) —

(a) if the repair notice specifies a period of less than 30 days for the completion of works, at least 10 days before the end of that period; and

(b) otherwise, within 30 days after giving the notice and at least 10 days before the period specified in the notice for completion of the works.

(3) For the purposes of subregulation (1), contact may be made by giving notice in accordance with section 163 of the Act.

(4) If the owner or occupier accepts the invitation given under subregulation (1)(b), the Council must arrange a time and place for the meeting and notify the owner or occupier accordingly.

(5) The Council may agree with the owner or occupier that the owner or occupier carry out works other than those specified in the repair notice that are satisfactory to the Council for the purposes of preventing irreversible deterioration to the registered place.

(6) The Council may agree with the owner or occupier that the date for completion of the works specified in the repair notice be extended.

Part 5 — Proposals affecting places of heritage interest

39A. Term used: decision‑maker

In this Part —

decision‑maker has the meaning given in section 71 of the Act;

proposal has the meaning given in section 71 of the Act;

referred proposal has the meaning given in section 71 of the Act.

[Regulation 39A inserted: SL 2022/129 r. 13.]

40. Prescribed proposal: section 71

An application for subdivision approval is prescribed to be a proposal for the purposes of Part 5 Division 2 of the Act.

41. Exemptions from requirement to refer proposals: section 73

(1A) In this regulation —

built form —

(a) means anything constructed on land; and

(b) includes roads, paths, jetties, artificial lakes and watercourses, and earthmoving works.

(1) For the purposes of section 73(4)(a) of the Act, proposals for the following matters are exempted from the application of section 73(1) of the Act —

(a) an application for a building permit or demolition permit under the Building Act 2011 if —

(i) the application arises from approval of a proposal that has already been referred under section 73(1) of the Act; and

(ii) the Council has given its advice in relation to the referred proposal;

(b) maintenance of buildings, structures and other built forms that does not involve —

(i) the removal of, or damage to, the existing fabric of the building, structure or built form; or

(ii) the use of new materials;

(d) gardening or landscape maintenance that does not involve a major alteration of the layout, contours, structures, significant plant species or other significant features on the land;

(e) the repair of buildings, structures and other built forms by replacing missing or deteriorated fabric with like for like fabric;

(f) replacement of utility services using existing routes or voids that does not involve the removal of, or damage to, the fabric of the building;

(g) repainting of the surface of a building —

(i) in the same colour scheme and paint type if they are appropriate to the substrate and do not endanger the survival of earlier paint layers; and

(ii) without disturbing or removing an earlier paint layer unless it is chalking, flaking or peeling;

(h) an excavation, that does not affect archaeological remains, for the purpose of exposing, inspecting, maintaining or replacing utility services;

(i) the erection or installation of a temporary security fence, scaffold, hoarding or surveillance system that does not affect the fabric of a building, the landscape or archaeological features of the land;

(j) signage that —

[(i) deleted]

(ii) is temporary and does not have a deleterious effect on the fabric of a building; or

(iii) is temporarily located behind a shop window but is not internally illuminated or flashing; or

(iv) advertises that a place is for sale or lease but does not remain on the place for more than 10 days after the place is sold or leased;

(k) digging a grave or erecting a memorial (as defined in the Cemeteries Act 1986 section 3(1)) of materials, size and form that are consistent with the character of the place.

(2) Subregulation (1) does not apply to a proposal that, if implemented, would, or would be likely to, affect a place mentioned in section 72(1)(c) of the Act.

[Regulation 41 amended: SL 2022/129 r. 14.]

42. Advice and notification of decision on referred proposal: sections 74 and 75

[(1) deleted]

(2) The Council must provide its advice on a proposal referred to it by a decision‑maker under section 73(1) of the Act within 42 days after receiving the referred proposal or within such longer period as the decision‑maker may allow.

(3) A decision‑maker must notify the Council of its decision on a proposal referred by it to the Council under section 73(1) of the Act within 10 days after making the decision.

[Regulation 42 amended: SL 2022/129 r. 15.]

43. Prescribed proposal: section 76

(1) The following proposals are prescribed for the purposes of section 76(1) of the Act —

(a) an application for development approval;

(b) an application for subdivision approval;

(d) an application for development approval as defined in the Metropolitan Redevelopment Authority Act 2011 section 3;

(e) a development application within the meaning given in the Swan and Canning Rivers Management Act 2006 section 67;

(f) an application for a building permit as defined in the Building Act 2011 section 3;

(g) an application for a demolition permit as defined in the Building Act 2011 section 3.

(2) For the purposes of section 76(3) of the Act, the period for which the Council may direct that the operation of a decision is suspended is the period, not exceeding 3 months, specified in the direction.

(3) Subregulation (4) applies to a decision‑maker that —

(a) has been given notice by the Council that a place (the relevant place) is to be reviewed under section 40(1) of the Act; and

(b) has not been given notice by the Council of the conclusion of the review.

(4) A decision‑maker to which this subregulation applies must give the Council notice of a prescribed proposal that, if implemented, would, or would be likely to, affect the relevant place.

(5) A decision‑maker must give the Council notice of a decision to which section 76(3) of the Act applies as soon as is practicable if —

(a) the decision‑maker is given notice by the Council of an entry in the register; and

(b) the decision relates to that place.

[Regulation 43 inserted: SL 2022/129 r. 16.]

43A. Reconsideration of advice

(1) In this regulation —

relevant party means —

(a) in relation to any proposal — the decision‑maker; and

(b) in relation to a proposal that is an application for development approval — the applicant.

(2) A relevant party may request the Council to reconsider the advice it has provided on a referred proposal if —

(a) the proposal has not yet been substantially implemented or acted upon; and

(b) since the advice was provided —

(i) there has been a material change in law; or

(ii) there has been a material change in circumstances relevant to the proposal; or

(iii) there has been a substantial lapse of time.

(3) A request under subregulation (2) —

(a) must be in writing; and

(b) must, if the Council requires, be in a form approved by the Council; and

(c) must set out details of the material change of law, material change in relevant circumstances, or substantial lapse of time since the advice was provided.

(4) On request under subregulation (2), the Council must reconsider the advice provided and either —

(a) affirm it; or

(b) amend it; or

[Regulation 43A inserted: SL 2022/129 r. 16.]

44. Permit for works affecting registered place

(1) An application for a works permit under section 79 of the Act must —

(a) be made in writing; and

(b) include the following —

(i) the name of the applicant;

(ii) a land description of the place where the works are proposed to be done or other particulars sufficient to identify the location and boundaries of the land included in the place;

(iii) a description of the works that are proposed to be done that is sufficiently detailed to enable the identification of possible impacts on the cultural heritage significance of the place.

(2) The period of 30 days after receipt of an application for a works permit is prescribed for the purposes of section 79(3) of the Act.

(3) The period of 10 days after the Council makes a decision under section 79(3) of the Act is prescribed for the purposes of section 79(6) of the Act.

Part 5A — Valuation of land

[Heading inserted: SL 2020/246 r. 4.]

44A. Taking account of matters affecting land use or development

(1) This regulation applies when, under section 82(1)(a) of the Act, the Valuer‑General takes into account restrictions on the use of land arising out of —

(a) the entry of the land in the register; or

(b) a heritage agreement to which the land is subject.

(2) The Valuer‑General may take into account other restrictions on the use of land, including —

(a) a State planning policy as defined in the Planning and Development Act 2005 section 4(1); and

(b) a local planning scheme; and

(c) another planning instrument as defined in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 77; and

(d) a region planning scheme as defined in the Planning and Development Act 2005 section 4(1); and

(e) an improvement plan referred to in the Planning and Development Act 2005 section 119; and

(f) an improvement scheme as defined in the Planning and Development Act 2005 section 4(1); and

(g) an approved redevelopment scheme as defined in the Metropolitan Redevelopment Authority Act 2011 section 3; and

(h) a document referred to in the Metropolitan Redevelopment Authority Act 2011 section 7(1)(b)(i); and

(i) a master plan in force under the Hope Valley‑Wattleup Redevelopment Act 2000 Part 3; and

(j) a State development area declaration in force under the State Development Act 2025 Part 4.

[Regulation 44A inserted: SL 2020/246 r. 4; amended: SL 2026/11 r. 4.]

44B. Supplementary valuation assumptions

(1) This regulation applies when, under section 82(1)(b)(i) of the Act, the Valuer‑General assumes that all improvements to or on land at the date of valuation that contribute to its cultural heritage significance must be conserved and are not to be demolished.

(2) The Valuer‑General may assume —

(a) that the improvements that must be conserved are to be conserved so that the current use of the land may be continued; and

(b) that the improvements that must be conserved are new, so that no allowance need be made in the valuation for their actual condition; and

(c) that the cost of construction of the improvements that must be conserved has no effect on land value, so that no allowance need be made in the valuation in respect of any difference between —

(i) the cost of construction of those improvements as new improvements; and

(ii) the cost of construction of other improvements used as a basis for comparison in the determination of land value.

[Regulation 44B inserted: SL 2020/246 r. 4.]

Part 5B — Local heritage surveys

[Heading inserted: SL 2022/129 r. 17.]

44C. Publication of guidelines for local heritage surveys

(1) Guidelines issued under section 105(1) of the Act, and amendments to and revocations of guidelines made under section 105(3) of the Act, must be published on the Council’s website.

(2) The Council must maintain on its website an up‑to‑date consolidation of guidelines issued under section 105(1) of the Act that are for the time being in effect, reflecting all amendments and revocations that have been made.

[Regulation 44C inserted: SL 2022/129 r. 17.]

Part 5C — State government heritage

[Heading inserted: SL 2022/129 r. 17.]

44D. Heritage assets

For the purposes of Part 9 of the Act, each of the following places, if owned, occupied or controlled by a State agency, is prescribed to be a heritage asset in relation to the State agency —

(a) a place that the Council has determined under section 39(2) of the Act warrants review;

(b) a place that is identified or recorded in a local heritage survey prepared under Part 8 of the Act as a place that is, or may become, of cultural heritage significance;

(i) a heritage list established or maintained under a local planning scheme; or

(ii) a heritage area designated under a local planning scheme;

(d) a place that is the subject of a protection order;

(e) a place that includes land that is the subject of a heritage agreement;

(f) a place that the Council considers to have cultural heritage significance, having regard to the criteria set out in section 38(1) of the Act.

[Regulation 44D inserted: SL 2022/129 r. 17.]

44E. Guidelines about State government heritage

(1) Guidelines issued under section 107(1) or (2) of the Act, and amendments to and revocations of guidelines made under section 107(4) of the Act, must be published on the Council’s website.

(2) The Council must maintain on its website an up‑to‑date consolidation of guidelines issued under section 107(1) or (2) of the Act that are for the time being in effect, reflecting all amendments and revocations that have been made.

[Regulation 44E inserted: SL 2022/129 r. 17.]

44F. Disposal of heritage assets

(1) In this regulation —

heritage asset has the meaning given in section 106 of the Act;

prescribed heritage asset means a place that is prescribed to be a heritage asset by regulation 44D;

State agency has the meaning given in section 106 of the Act.

(2) This regulation does not apply to a prescribed heritage asset mentioned in regulation 44D(b), (c), (d) or (e) if —

(a) the Council has made a preliminary determination under section 39(2) of the Act that it does not warrant review under section 40(1) of the Act; or

(b) having completed a review of the prescribed heritage asset under section 40(1) of the Act, the Council has determined not to recommend to the Minister under section 40(2) of the Act that it be entered into the register; or

(3) Before a State agency disposes of a heritage asset, it must give the Council at least 4 months’ notice in writing of the proposed disposal.

(4) A notice under subregulation (3) of a proposed disposal must include or be accompanied by the following items of information —

(a) the name of the State agency that is to make the disposal;

(b) the street address (if any) of the heritage asset;

(d) whether the disposal involves the sale, lease or demolition of the heritage asset;

(e) the intended or expected date of the disposal;

(f) the State agency’s reasons for making the disposal;

(g) in the case of a prescribed heritage asset —

(i) a description of the heritage asset; and

(ii) a land description of the heritage asset or other particulars sufficient to identify the location and boundaries of the land included in the heritage asset; and

(iii) at least 1 photograph of the heritage asset as commonly viewed from the street or nearest public road.

(5) Before a State agency disposes of a heritage asset, it must consult the Council regarding the preparation of a plan or strategy for the continuing conservation of the heritage asset.

(6) Before a State agency disposes of a heritage asset that is a registered place by way of sale or lease, it must require each purchaser or lessee as a condition of the sale or lease to enter into a heritage agreement in relation to the heritage asset.

(7) Subregulation (6) does not apply to the disposal of a heritage asset if, before the disposal, the Council determines that, having regard to the circumstances of the disposal —

(a) a heritage agreement is not necessary in order to assure the conservation of the heritage asset and to carry into effect the objectives of the Act in relation to the heritage asset; or

(b) a heritage agreement would have no significant conservation benefit.

[Regulation 44F inserted: SL 2022/129 r. 17.]

Part 5D — Compensation in relation to work prohibition

[Heading inserted: SL 2022/129 r. 17.]

44G. Application for compensation

(1) An application for compensation under section 153 of the Act must be made within 90 days after —

(a) in the case of an application that relates to a stop work order — the first day on which a copy of the stop work order is served under section 59(a) of the Act; and

(b) in the case of an application that relates to a direction under section 76(3) of the Act — the first day on which notice of the direction is given under section 76(5)(b) of the Act.

(2) An application for compensation under section 153 of the Act must —

(a) be in writing; and

(b) include details of the compensable loss in respect of which compensation is claimed; and

(c) include a statement as to why the compensable loss is not capable of recovery or mitigation, or further recovery or mitigation.

[Regulation 44G inserted: SL 2022/129 r. 17.]

44H. Time period for recommendation

The Minister must make a recommendation under section 154(1)(b) of the Act in relation to an application for compensation within 90 days after receiving the application.

[Regulation 44H inserted: SL 2022/129 r. 17.]

Part 6 — Miscellaneous

45. Notice by electronic communication: section 163(1)(b)

For the purposes of section 163(1)(b) of the Act —

(a) a notice required or authorised to be given under the Act to the Council may be given by means of electronic communication to the email address specified on the Council’s website as being available for use;

(b) a notice required or authorised to be given under the Act to a person by the Council may be given by means of electronic communication to an email address provided by the person.

46. Other prescribed ways of giving notice to an owner or occupier: section 163(1)(d)

(1) This regulation sets out ways of giving notice to an owner or occupier that are in addition to the ways set out in section 163(1)(a) and (b) of the Act.

(2) A notice required or allowed to be given under the Act to an owner or occupier of land or a place to which the notice relates may be given to the owner or occupier by sending it by prepaid post (including document exchange) addressed to the person —

(a) at the address of the land or place; or

(b) at an address appearing on recent correspondence addressed by or on behalf of the owner or occupier to the Council or otherwise notified to the Council or published by the person; or

(c) at an address shown in the rate book kept by a local government under the Local Government Act 1995 as the address for the service of rate notices under that Act on that person.

(3) If an address for service cannot be identified for the purposes of section 163(1)(a) or (b) of the Act or subregulation (2), the notice may be given —

(a) by advertising the document in accordance with regulation 49; or

(b) if the notice is to be given to a person because the person is the occupier of land or a place — by addressing the notice to the person and affixing it to a conspicuous part of the land or place.

47. General notice

(1) This regulation applies if —

(a) notice is required, or allowed, to be given under the Act to owners affected by a matter; and

(b) it is not reasonably practicable for the Council to give a separate notice to every owner affected by the matter; and

(2) The Council may give general notice by —

(a) publishing the notice —

(i) in a newspaper circulating generally throughout the State; or

(ii) in a newspaper circulating in the area where the land the subject of the notice is situated; or

(iii) on the Council’s website;

and

(b) giving notice to the local government of the area where the land the subject of the notice is situated.

47A. Statutory notification

(1) This regulation applies if the Council gives statutory notification of an event in accordance with section 163(3) of the Act to the Registrar of Titles, the Registrar of Deeds and Transfers, or another person or agency.

(2) The Registrar or other person or agency may take such steps as may be necessary or appropriate to bring particulars of the event to the attention of persons seeking information as to the title to the land affected.

[Regulation 47A inserted: SL 2022/129 r. 18.]

48. Consultation under Act

(1) This regulation applies if —

(a) consultation is required or allowed under the Act in relation to a matter; and

(b) the Act does not otherwise specify the manner in which the consultation must be carried out.

(2) If the Act requires or allows consultation with an owner or occupier, or allows an owner or occupier to make a submission, in relation to a matter that may affect the owner’s or occupier’s land, the Council must give the owner or occupier notice in accordance with section 163(1) of the Act.

(3) The notice must include the following —

(a) details of the matter in respect of which the consultation is to be carried out;

(b) a general description of how the matter may affect the owner’s or occupier’s land;

(4) The notice must specify a period of at least 42 days after the first publication of the notice within which written submissions may be made.

(5) If the Act requires or allows consultation with the public, or allows a member of the public to make a submission, in relation to a matter, the Council must publish an advertisement in accordance with regulation 49.

(6) The advertisement must include the following —

(a) details of the matter in respect of which the consultation is to be carried out;

(b) a general description of how the matter may affect the land to which the matter applies.

(7) The advertisement must specify a period of at least 42 days after the first publication of the advertisement within which written submissions may be made.

49. Publication of advertisements

(1) In this regulation —

statutory action means any of the following —

(a) a decision made by the Council;

(b) an action taken by the Council;

(2) This regulation applies if —

(a) an advertisement is required or allowed under the Act in relation to a matter; and

(b) the Act does not otherwise specify the manner in which the advertisement must be published.

(3) The advertisement must be published on the Council’s website for a period of not less than 14 days commencing —

(a) if the advertisement is of a statutory action — not later than 28 days after the making, taking or giving of the statutory action; or

(b) otherwise — not later than 28 days after the Council becomes aware that an advertisement is required or allowed in respect of the matter.

View image in the official source

Notes

This is a compilation of the Heritage Regulations 2019 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Heritage Regulations 2019	27 Jun 2019 p. 2377-406	1 Jul 2019 (see r. 2 and Gazette 27 Jun 2019 p. 2375)
Heritage Amendment (Valuation of Land) Regulations 2020	SL 2020/246 18 Dec 2020	r. 1 and 2: 18 Dec 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Dec 2020 (see r. 2(b))
Heritage Amendment Regulations 2022	SL 2022/129 5 Jul 2022	r. 1 and 2: 5 Jul 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Jul 2022 (see r. 2(b))
Heritage Amendment (State Development) Regulations 2026	SL 2026/11 18 Feb 2026	r. 1 and 2: 18 Feb 2026 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Feb 2026 (see r. 2(b) and SL 2026/13 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

built form 41(1A)

Commission 3

committee 3

Council member 3

decision-maker 39A

heritage asset 44F(1)

member 12

misconduct 7(1)

prescribed heritage asset 44F(1)

proposal 39A

referred proposal 39A

relevant party 43A(1)

relevant place 43(3)

State agency 44F(1)

statutory action 49(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Heritage Act 2018

Heritage Regulations 2019

Western Australia

Heritage Regulations 2019

Contents

Part 1 — Preliminary

Citation 1
Commencement 1
Terms used 1

Part 2 — Heritage Council of Western Australia

Division 1 — How Council is constituted

Additional qualifying fields for nomination 2
Expressions of interest in appointment as Council member 2
Term of office 2
Casual vacancies 3
Leave of absence 4
Alternate members 4
Acting in chairperson’s place 5
Co‑opted members 6

Division 2 — Conflicts of interest

Term used: member 6
Disclosure of interest 6
Voting by interested member 7
Regulation 14 may be declared inapplicable 7
Quorum where regulation 14 applies 8
Minister may declare regulations 14 and 16 inapplicable 8

Division 3 — Council meetings

Holding meetings 9
Quorum 9
Procedure at meetings 9
Voting 9
Holding meetings remotely 10
Resolution without meeting 10
Minutes 10

Division 4 — Committees

Committees 10
Directions to committee 11
Other provisions relating to committees 11

Part 3 — State Register of Heritage Places

Public inspection of register 12
Form and content of register 12

The Regulations elaborate a number of operational concepts used in the Act. Key defined or operationalised concepts in the Regulations include:

Council membership and constitution. The Regulations prescribe additional qualifying fields for Council nomination (Aboriginal cultural heritage, horticulture, law, tourism) at reg 4, require advertisement for expressions of interest before nomination (reg 5), cap terms of appointment at five years and provide for continuance in office where vacancies are not filled (reg 6). They allow appointment of alternate members and deputy chairpersons, and detail acting arrangements (regs 9-10). Co‑opted members appointed under section 15 of the Act are treated as having a vote on the specified matters (reg 11).
Conflicts of interest. A member, alternate or co‑opted member must disclose a material personal interest as soon as practicable at a meeting (reg 13). Failure to disclose attracts a monetary penalty under the Regulations (fine of $5,000) for both Council members and committee members (reg 13(1)-(2)). Members with a material personal interest are generally disqualified from voting and being present (reg 14), but the Council or committee may declare an interest trivial or insignificant by resolution (reg 15). The Minister may declare regs 14 and 16 inapplicable in writing for specified matters (reg 17).
State Register of Heritage Places. The register must be maintained as an electronic database and made available for public inspection on the Council’s website (regs 28-29). The Regulations specify the mandatory contents of nominations for entry on the register: nominators’ details, land description, map showing precise area, description and at least one exterior photograph, and reasons why the place has cultural heritage significance (reg 30). The Regulations prescribe who must be notified or prescribed for official directions and entries (regs 31, 31A, 33A, 35A).
Proposals and decision‑maker interactions. The Regulations define “decision‑maker”, “proposal” and “referred proposal” in Part 5A (reg 39A). They prescribe which planning and building applications fall within referral and suspension regimes, for example applications for subdivision approval are prescribed as a proposal (reg 40) and a list of development and building‑related approvals are prescribed for the purposes of section 76 (reg 43(1)). The Regulations set out a suite of exemptions from the duty to refer proposals to the Council (reg 41), including maintenance, low‑impact cleaning, and like‑for‑like repairs, subject to the safeguard that exemptions do not apply where implementation would likely affect particular protected places (reg 41(2) referring to s 72(1)(c) of the Act).
Works permits and timeframes. Applications for works permits must be in writing and include particular information (applicant’s name, land description and a description of proposed works sufficient to identify cultural heritage impacts), with a 30‑day period for decision and a 10‑day period for communication under specific Act sections (reg 44).
Valuation and land value assumptions. The Regulations instruct the Valuer‑General how to account for restrictions on land use arising from registration or heritage agreements and permit the Valuer‑General to take into account a list of planning instruments (reg 44A). The Regulations also provide supplementary valuation assumptions, for example that improvements to be conserved are to be treated as new for valuation purposes and that their construction cost has no effect on land value for comparison purposes (reg 44B).
State government heritage and disposal. The Regulations prescribe what counts as a heritage asset for State agencies (reg 44D), impose publication obligations for guidelines (regs 44C, 44E), require notice to the Council at least four months prior to disposal of a heritage asset and set out consultation and heritage agreement preconditions for disposal by sale or lease unless the Council finds a heritage agreement unnecessary (reg 44F).
Compensation and statutory notice. The Regulations set the procedural and temporal framework for compensation claims related to work prohibitions and stop work orders (regs 44G-44H) and clarify permitted means of giving notice, including electronic service, prepaid post, advertising and affixing where addresses are not ascertainable (regs 45-46, 49).

These concepts allocate roles and responsibilities between the Council, Minister, decision‑makers, Valuer‑General, local governments, the Commission and State agencies, and set the mechanics (form, timing, service and record‑keeping) required for the Act’s regulatory architecture to operate.

The Regulations allocate obligations and create rights that affect several discrete cohorts.

Owners and occupiers of heritage places. Owners and occupiers are the primary subjects of regulation when it comes to nominations (reg 30 requires land description, map and photos), repair notices (reg 38 prescribes types of neglect; reg 39 requires the Council to contact and negotiate with owners/occupiers within fixed windows), requests to amend land descriptions or remove register entries (regs 32 and 34 require written requests and reasons), and compensation claims where work prohibitions affect them (reg 44G sets time limits and particulars required). Owners of State agency heritage assets face particular constraints on disposal and sale/lease conditions (reg 44F).
Applicants and approvers (decision‑makers). Planning authorities, building certifiers, local government decision‑makers and the Commission are prescribed participants in referral and notification processes. Reg 40 and reg 43 prescribe which approvals constitute “proposals” or “prescribed proposals” for the purposes of referral under the Act. Decision‑makers must notify the Council in specified circumstances (regs 42(3), 43(4)-(5)) and receive Council advice within specified periods (reg 42(2) prescribes 42 days for the Council to provide advice).
The Heritage Council and its members. The Council is subject to procedural obligations: to keep an electronic register (regs 28-29), review statements of cultural heritage significance when errors are brought to its attention (reg 37), consult with owners under repair notice regimes (reg 39) and publish guidelines on local heritage surveys and State government heritage on its website (regs 44C, 44E). Council members are subject to conflict of interest disclosure duties (reg 13), voting restrictions (reg 14), potential removal grounds (reg 7) and prescribed meeting procedures (regs 18-27).
Minister and other executive decision‑makers. The Minister is given a range of powers and deadlines including giving directions on recommendations arising from Council processes (for example reg 31 requires the Minister to give a direction within 30 days after receiving a recommendation under s 40(2) of the Act). The Minister may declare regs 14 and 16 inapplicable in specified matters (reg 17) and can act on matters the Council cannot complete because of quorum limitations (reg 16(2)).
State agencies and the Valuer‑General. State agencies holding heritage assets must give the Council minimum notice and consult on conservation strategies before disposal (reg 44F). The Valuer‑General is prescribed how to treat heritage‑related restrictions and how to make supplementary valuation assumptions (regs 44A-44B).
Local governments and the Commission. Local governments are repeatedly prescribed recipients for notices and steps in nomination, entry and removal processes (e.g. regs 30(3), 31, 31A, 33A, 35A). The Commission is likewise a recurring prescribed recipient in notification regimes.
Third parties and the public. The Regulations specify public consultation periods (at least 42 days, reg 48(4)-(7)), publication periods for advertisements (reg 49), and public access to the register via the Council’s website (reg 28). Members of the public can make submissions in specified consultations.

In short, the Regulations establish procedural obligations that affect owners and occupiers (compliance with notices, application content and timing), applicants and decision‑makers (referral, notification and timing obligations), Council members (meetings, conflicts and record‑keeping), State agencies (disposal and heritage asset rules), and valuation authorities (valuation assumptions). The cumulative effect is to channel interactions between planning/building processes and heritage protection through specified procedural gates.

The Regulations convert Act provisions into concrete duties and rights for the actors identified above. The following are the principal operational duties and rights, with specific regulation cross‑references.

Duties of the Council and its members

Keep the State Register as an electronic database and make it publicly inspectable via the Council’s website (regs 28-29).
Maintain accurate minutes for Council and committee meetings (reg 24).
Provide advice on referred proposals within 42 days of receipt unless the decision‑maker allows a longer period (reg 42(2)).
Review statements of cultural heritage significance where errors are brought to its attention (reg 37).
Contact owners/occupiers specified in a repair notice within statutory windows and offer negotiation or extension (reg 39).
Publish and maintain guidelines for local heritage surveys and State government heritage on the Council’s website (regs 44C, 44E).

Duties of members and committee members

Disclose material personal interests at meetings as soon as possible and have that disclosure recorded in minutes (reg 13(1)-(5)); failure carries a financial penalty of $5,000 for both Council and committee members (reg 13(1)-(2)).
Abstain from presence and voting on matters where they have a material personal interest unless the Council or committee resolves the interest is trivial or the Minister declares reg 14 inapplicable (regs 14-17).

Duties on nomination, entry, amendment and removal procedures

Nominations for entry must be in writing and include specified details and supporting material, including a map, description, photo and reasons for cultural heritage significance (reg 30(1)-(1A)).
The Council must make a preliminary determination on whether a nominated place warrants review within 60 days of receiving the nomination (reg 30(2)).
Requests to amend land descriptions or remove entries must be in writing with particulars and reasons; the Council must determine within 60 days whether detailed consideration is warranted (regs 32(1)-(2), 34(1)-(2)).

Duties on interactions with decision‑makers

Decision‑makers listed as prescribed proposals (reg 43(1)) must notify the Council in specified circumstances where a relevant review is underway (reg 43(3)-(5)).
The Council must provide advice within 42 days on referred proposals (reg 42(2)). Decision‑makers must notify the Council of their decision on a referred proposal within 10 days (reg 42(3)).

Duties related to works permits and works

Applications for works permits must be in writing and include the applicant’s name, land description and sufficiently detailed description of proposed works to identify cultural heritage impacts (reg 44(1)).
A 30‑day decision period is prescribed for a works permit application (reg 44(2)); a subsequent 10‑day period for notification after Council makes a decision is prescribed for the purposes of the Act (reg 44(3)).

Duties on valuation and State agencies

The Valuer‑General may take into account specified planning instruments when valuing land subject to heritage restrictions and apply supplementary valuation assumptions that conserve improvements as new for valuation purposes (regs 44A-44B).
State agencies must notify the Council at least four months before disposing of a heritage asset and consult on conservation plans; disposal by sale or lease of a registered place must usually require a heritage agreement as a condition of sale or lease (reg 44F).

Rights and procedural safeguards for owners and applicants

Owners and occupiers may request amendment of land descriptions and removal of register entries and must be given processes to seek such changes (regs 32 and 34).
Relevant parties (the decision‑maker or an applicant in the case of development approval) may request the Council to reconsider its advice on a referred proposal in specified circumstances: material change of law, change in circumstances or substantial lapse of time (reg 43A). Upon request the Council must either affirm, amend or set aside and replace its advice (reg 43A(4)).

Notices and service

Notices may be given by electronic communication to an email address listed on the Council’s website or provided by the recipient (reg 45).
Where addresses cannot be identified, notices may be given by advertisement or by affixing to the land (reg 46(3)), and the Regulations set out requirements for general notice and statutory notification (regs 47-47A).

Penalties and enforcement

A specific monetary penalty is provided for failure by members to disclose material personal interests (reg 13). The Regulations also refer to other enforcement powers in the Act, for example repair orders and the prospect of substantial penalties for non‑compliance with a repair order (reg 39(1)(a)(iii)), and set process and timing for compensation claims where work prohibitions apply (regs 44G-44H).

Collectively the duties and rights in the Regulations structure the flow of information, impose time limits and documentation requirements, and create procedural checks (notification, consultation, publication and prescribed recipients) which modify incentives for owners, applicants, decision‑makers and State agencies interacting with heritage processes.

The Regulations themselves contain a limited explicit penalty but establish multiple procedural mechanisms that support enforcement powers described in the Act. The single explicit pecuniary penalty specified in the Regulations is the fine of $5,000 for failing to disclose a material personal interest at a Council or committee meeting (reg 13(1)-(2)). This creates a direct monetary enforcement lever aimed at ensuring transparency in decision‑making.

Beyond that explicit fine, the Regulations create timelines and procedures that operate as preconditions or triggers for enforcement action under the Act. Relevant enforcement‑adjacent mechanisms include:

Repair notices and escalation. Regulation 38 prescribes specific forms of neglect that can justify a repair notice under section 64(1)(a) of the Act, including leaking roofs, missing structural elements, infestation and other neglect risking loss of heritage elements. Regulation 39 then prescribes the Council’s duty to contact owners or occupiers, confirm receipt and invite negotiation, with specific time windows for contact and meetings (reg 39(1)-(4)). The regulation also reminds recipients that failure to comply with a repair order may trigger a substantial penalty under the Act (reg 39(1)(a)(iii)). The Regulations therefore set a defined administrative pathway from notice to potential repair order and penalty.
Ministerial directions and suspension. The Regulations require the Minister to give directions within specified windows after receiving Council recommendations (for example reg 31 requires the Minister to give a direction under s 41(1) within 30 days after receiving the Council’s recommendation). Similar 30‑day windows are prescribed for other Ministerial directions arising from Council recommendations (regs 33 and 35). These timelines intensify accountability and create moments where executive enforcement decisions are made.
Suspension of decision operation. Regulation 43(2) prescribes that where the Council directs suspension of a decision under s 76(3) of the Act, the period for suspension may be specified up to three months. That direction can have immediate practical enforcement effects as it prevents implementation of consented works or developments during the suspension period.
Stop work and compensation. The Regulations give form and timing to compensation claims tied to stop work orders or directions under s 76(3). An affected party seeking compensation must apply within 90 days of service or the date notice is given (reg 44G). The Minister must recommend on the application within 90 days of receipt (reg 44H). Those provisions channel disputes into a statutory claims process which is time‑bounded.
Service and publication. Regulations 45-49 set out permitted forms of service, general notice procedures and publication windows. These procedural rules affect enforceability: where the Council follows the prescribed service and publication regime (for example publishing advertisements on its website for no less than 14 days, reg 49(3)-(4)), subsequent enforcement steps such as notices and orders will be less vulnerable to procedural challenge based on defective service.
Ministerial discretion over conflicts and quorum. The Minister may declare regs 14 and 16 inapplicable for a specified matter (reg 17) and may deal with matters the Council cannot because of quorum restrictions (reg 16(2)). Those tools can be used to break decision deadlocks or remove disqualification barriers, thereby permitting enforcement or decision‑making to proceed when the Council cannot by itself.

Enforcement under the Act is thus supported by the Regulations through procedural precision, time limits and specified recipients. The Regulations do not create a broad rack of new criminal offences or fines beyond the disclosure penalty; instead they structure regulatory processes and provide the administrative scaffolding for enforcement measures that reside in the Act, such as repair orders, stop work orders and directions to suspend decision operations. That design concentrates direct monetary enforcement in the area of member disclosure while relying on procedural compliance and statutory enforcement tools under the Act for broader compliance purposes.

Implementation risk comes from the multiplicity of prescribed timeframes and notification routes. Failure to meet prescribed service or consultation requirements risks invalidating enforcement steps or giving rise to challenges under public law grounds, because many enforcement powers depend on correct notice, consultation and publication processes set out in the Regulations.

The Regulations explicitly reference and integrate with a number of other Western Australian statutory instruments and bodies, making interaction a central feature. The Regulations both call in other statutory regimes and set boundaries where heritage obligations flow into planning, building and land management law.

Key statutory interactions set out in the Regulations include:

Planning and Development Act 2005 and planning instruments. The Commission (defined in reg 3) is the Western Australian Planning Commission established under the Planning and Development Act 2005 s 7(1). Regulation 44A instructs the Valuer‑General to take into account State planning policies, local planning schemes, region planning schemes and other planning instruments listed under the Planning and Development Act and the Planning and Development (Local Planning Schemes) Regulations 2015 when assessing restrictions on land use arising from heritage registration or heritage agreements. That places heritage status alongside statutory planning controls in valuation and compensation assessments.
Building Act 2011. Regulation 41(1)(a) exempts certain applications for building or demolition permits under the Building Act 2011 from the duty to refer if the application arises from approval of a proposal already referred under s 73(1) of the Act and the Council has given advice. Regulation 43(1)(f) and (g) expressly prescribe applications for building permits and demolition permits as “prescribed proposals” under s 76 of the Act. Regulation 44(1) requires works permit applications to include information sufficient to identify heritage impacts, while reg 44(2) prescribes 30 days as the decision period. These cross‑references align building control processes with heritage referral and permit regimes.
Metropolitan Redevelopment Authority Act 2011 and Swan and Canning Rivers Management Act 2006. The Regulations include development approvals and redevelopment scheme approvals from these Acts in the list of prescribed proposals (reg 43(1)(d) and (e)). This brings redevelopment and river management planning processes within the heritage referral and suspension framework.
Cemeteries Act 1986. Regulation 41(1)(k) refers to the meaning of "memorial" in the Cemeteries Act 1986 s 3(1) when exempting certain digging or memorial works from referral obligations, potentially affecting burial grounds and memorials with heritage significance.
Local Government Act 1995. Local governments are repeatedly prescribed as recipients for notifications and must be given notices and copies in many nomination, entry, amendment and removal actions under the Regulations (e.g. regs 30(3), 31, 31A, 33A, 35A). Regulation 46(2)(c) permits service at an address shown in a local government rate book kept under the Local Government Act as the address for service of rate notices.
Planning and Development (Local Planning Schemes) Regulations 2015. Regulation 44A(2)(c) explicitly includes other planning instruments as defined in these Regulations among the land use restrictions the Valuer‑General may take into account, signalling that local planning controls can be relevant to valuation and compensation.
Interpretation Act 1984. Regulation 7(2)(b) uses the Interpretation Act 1984 s 13D concept of bankruptcy/insolvency as a trigger for vacancy of Council office, thus folding interpretative statutory definitions into member eligibility rules.
State Development Act 2025. Regulation 44A(2)(j) lists "a State development area declaration under the State Development Act 2025" among planning instruments that the Valuer‑General may consider. This implies cross‑cutting application where State development area declarations may affect land value assessments involving heritage.

These interactions matter operationally:

Referral and decision timing now requires active coordination between heritage and planning/building authorities. Decision‑makers under other Acts must observe notification duties under reg 43 and reg 42; failure to do so may affect the ability to lawfully implement development consents if the Council suspends operations under s 76.
Valuations and compensation contexts are shaped by both heritage and planning law. Regul 44A-44B instruct the Valuer‑General to treat heritage obligations alongside planning instruments, and to apply particular assumptions about conserved improvements for valuation calculations. That reduces valuation uncertainty by specifying comparators and assumptions the Valuer‑General may adopt, but it also effectively institutionalises a particular treatment of conservation obligations in compensation assessments.
State agency disposals are constrained by heritage rules and cross‑referenced planning categories. A disposal process that would otherwise be governed by financial or asset management rules must also satisfy heritage consultation, notice and heritage agreement requirements in reg 44F.
Service and publication rules interact with local government rate books and land title registries (regs 47A and 46), so heritage notices may be integrated into existing land administration systems.

The Regulations therefore operate as an overlay on numerous planning, building and land administration regimes. Practitioners handling development, valuation, asset disposal or litigation will need to map the relevant obligations imposed by this instrument onto the procedures and timeframes under the other Acts cited.

The Regulations as compiled include several amendments and inserts. The compilation table in the instrument records four items that have modified the Regulations since their original publication. The significant amendment events recorded in the source are:

Heritage Regulations 2019 (Gazette 27 June 2019; commencement 1 July 2019). This is the original instrument.
Heritage Amendment (Valuation of Land) Regulations 2020 (SL 2020/246). Published 18 December 2020 and came into force mostly on 19 December 2020. These amendments inserted Part 5A (regs 44A-44B) concerning valuation of land and supplementary valuation assumptions. They provide specific direction to the Valuer‑General on how to account for heritage constraints and how to treat conserved improvements for valuation purposes.
Heritage Amendment Regulations 2022 (SL 2022/129). Published 5-6 July 2022, with most provisions commencing on 6 July 2022. These amendments made multiple changes: they added the definition and role changes reflected in regs 3, 10, 30 and elsewhere (for example, additional qualifying fields for Council nomination were inserted at reg 4 and there were changes around nominations, committees and prescribed recipients). They also inserted new parts relating to local heritage surveys and State government heritage (Parts 5B and 5C with regs 44C-44F).
Heritage Amendment (State Development) Regulations 2026 (SL 2026/11). Published 18-19 February 2026. These amendments updated reg 44A to include "a State development area declaration in force under the State Development Act 2025 Part 4" among the planning instruments the Valuer‑General may take into account. The 2026 instrument also amended the regulations for other purposes, as reflected by the compilation table entries noting r. 1 and 2 and other commencement dates.

The amendments show an evolutionary pattern: early focus on establishing core administrative procedures and decision‑making structures, followed by targeted insertions to clarify valuation treatment (2020), broaden Council qualifications, notification practices and State heritage obligations (2022), and update planning‑heritage valuation interactions to include State development area instruments (2026). The compilation table documents each amendment instrument and its commencement dates and makes clear which regulations were inserted or amended by each statutory instrument.

For practitioners, the amendment history is relevant because key operational provisions were not in the original 2019 instrument but were added later, affecting valuation (44A-44B), State agency disposal obligations (44D-44F), and procedural definitions and prescriptions in parts dealing with referrals and Council constitution. Any compliance or advice must therefore rely on the consolidated text as current in the compilation.

The Regulations themselves do not record litigation or judicial decisions. The instrument names no cases and contains no judicial interpretations. Accordingly, there is no litigation history contained in the primary source provided.

That said, the Regulations establish multiple procedural hooks and Ministerial discretions that create plausible loci for future legal dispute. The textual features most likely to generate controversy and therefore litigation risk include:

Member disclosure and removal. Reg 13 creates an express $5,000 penalty for failing to disclose a material personal interest and reg 7(5) authorises Ministerial removal of a Council member for neglect of duty, misconduct, incompetence or persistent absence. Challenges could arise about the procedural fairness of removals or the factual basis for a misconduct finding, and about the imposition of the disclosure penalty if a member disputes whether a material personal interest existed or whether disclosure was made in time.
Ministerial declarations and discretionary inapplicability. Reg 17 allows the Minister to declare regs 14 and 16 inapplicable in relation to specified matters. The exercise of that power could be subject to judicial review if a person contends the Minister acted beyond power, failed to follow required procedures, or discriminated unlawfully. Likewise, the Minister’s obligation to lay copies of such declarations before each House of Parliament within 14 sitting days creates a parliamentary notification purpose that could be relevant in procedural challenges.
Quorum adjustments when members are disqualified. Reg 16 modifies quorum rules where members are disqualified. Disputes could arise about whether the Council had the requisite number of members to validly decide a matter, especially where reg 16(1) reduces the quorum threshold to half the number of members entitled to vote. That reduction and any consequent decisions may attract review.
Referral, suspension and decision‑maker interactions. The prescribed 42‑day period for Council advice (reg 42(2)), and the Council’s power to direct suspension of a decision under s 76 of the Act with a limit of up to three months (reg 43(2)), create time‑sensitive points where developers or applicants may seek review for undue delay or improper exercise of the suspension power. The Council’s advice and the decision‑maker’s compliance with notification obligations (reg 43(4)-(5)) are potential grounds for challenge if procedural requirements are not followed.
Repair notices, repair orders and stop work orders. The Regulations specify neglect that can justify a repair notice (reg 38) and procedural steps for contacting owners and negotiating (reg 39). Disputes may arise on whether the prescribed kinds of neglect exist, whether the Council met its consultation obligations, and on the lawful issuance of repair orders or stop work orders under the Act. Compensation claims and the statutory time limits for them (reg 44G) may generate litigation if applicants contend the statutory process was misapplied.
Valuation assumptions. Regulations 44A-44B set the methodology and assumptions the Valuer‑General may adopt in valuing land affected by heritage registration or agreements. Disputes over valuation methodology could be litigated or subjected to administrative review in compensation proceedings because the Regulations effectively define permissible valuation assumptions (for example treating conserved improvements as new). A party disputing valuation outcomes may litigate the proper application of these provisions.
State agency disposal obligations. Regulation 44F imposes notice and consultation duties prior to a State agency disposing of a heritage asset and, in many cases, requires heritage agreements to be entered into by purchasers or lessees. A State agency’s failure to comply with these steps could be challengeable internally or in court, or may give rise to claims by third parties affected by the disposal.

Absent judicial authorities cited in the source, practitioners must assume litigation risk arises from the interaction of these Regulations with the Act’s enforcement and decision‑making powers, and that disputes are most likely to revolve around procedural compliance, Ministerial discretion and valuation/compensation methodology.

The Regulations contain several procedural traps and practical pitfalls that can produce unintended outcomes if parties, counsel or advisers are inattentive.

Strict form and content requirements for nominations, applications and requests. Nominations for register entry must include a map showing the precise area, a land description, a photo and reasons for cultural heritage significance (reg 30(1)-(1A)). Requests to amend land descriptions and requests for removal must be in writing and give owners’ reasons (regs 32 and 34). Failure to include the specified content can result in the Council making an early preliminary determination that a nomination does not warrant review (reg 30(2)) or refusing to consider a request in detail (regs 32(2) and 34(2)). Practitioners must therefore ensure completeness at the outset.
Multiple and short timeframes. The Regulations impose numerous fixed periods: 60 days for preliminary nomination determination (reg 30(2)); 30 days for Ministerial direction after receiving a Council recommendation (regs 31, 33, 35); 42 days for the Council to provide advice on a referred proposal (reg 42(2)); 30 days for works permit decision (reg 44(2)); 90 days for compensation application and 90 days for Minister’s recommendation (regs 44G-44H); 42 days minimum for public submissions in consultations (reg 48(4)-(7)). Missing any of these windows can have substantive consequences, such as suspension lapsing, rights to compensation being time‑barred or procedural invalidity.
Disclosure obligations with a monetary penalty. Reg 13 imposes a $5,000 fine for failing to disclose a material personal interest. The penalty applies to Council members and committee members and to alternate members acting under reg 9. The definition of “material personal interest” is not redefined in the Regulations, so the application of the penalty will turn on the Act and factual circumstances. Practitioners advising members must emphasise timely disclosure and record‑keeping.
Quorum and voting complications. Quorum is defined as at least half the number of members in office (reg 19). Reg 16 modifies quorum where members are disqualified under reg 14. That reduced quorum may permit decisions to proceed with fewer members, but if not properly applied the resulting decisions could be challenged. Additionally, the Minister can declare regs 14 and 16 inapplicable (reg 17), introducing another layer of discretionary intervention that could be controversial.
Exemptions from referrals are subject to caveats. Regulation 41 lists many exempted activities (maintenance, repainting in the same scheme, low‑pressure cleaning, temporary signage etc.). However reg 41(2) makes clear the exemptions do not apply where implementation would be likely to affect a place mentioned in s 72(1)(c) of the Act. Practitioners cannot assume a seemingly routine maintenance action is automatically exempt; applicability depends on the place’s status.
Service challenges and substituted service. The Regulations permit electronic service to email addresses given to the Council, and to those listed on the Council’s website (reg 45). They also permit prepaid post and service via addresses appearing on local government rate books (reg 46). If no address can be identified, the Regulations permit advertising or affixing notices to the land (reg 46(3)). Reliance on these alternate service routes may create factual disputes about whether notice was adequately given.
State agency disposals and heritage agreement requirement. Regulation 44F requires State agencies to give four months’ notice and generally to require purchasers or lessees to enter heritage agreements when disposing of registered places by sale or lease (reg 44F(3) and (6)). There is an escape clause where the Council determines a heritage agreement is unnecessary or would have no significant conservation benefit (reg 44F(7)). Nevertheless, contracting parties must plan for likely negotiation and conditional sale terms which can delay disposal and complicate due diligence.
Valuation assumptions may depress or distort compensation outcomes. Reg 44B permits the Valuer‑General to treat conserved improvements as new and to assume their construction cost has no effect on land value for comparative purposes. That approach may produce valuation outcomes that differ from market practice where heritage constraints materially affect utility and cost. Parties disputing valuations should be aware the Regulations give the Valuer‑General statutory leaning toward particular assumptions.
Reconsideration of Council advice. Reg 43A allows relevant parties to request reconsideration of Council advice where a material change of law, material change of circumstances, or substantial lapse of time has occurred. However, the request must be timely and in writing, and the Council has power upon reconsideration to affirm, amend or set aside and substitute fresh advice (reg 43A(4)). Applicants who proceed to implement proposals without seeking reconsideration risk being unable to undo Council advice later if implementation is extensive.

These “gotchas” underline that the Regulations prioritise procedural correctness and documentation. Missing a prescribed form element or statutory timeframe can substantively impair rights or give rise to enforcement actions. Practitioners should map each action against the specific regulation to avoid these traps.

Compliance under the Regulations requires attention to form, timing, prescribed recipients and prescribed processes. The following practical checklist distils the principal compliance steps for common stakeholder roles.

For owners or occupiers facing a repair notice or considering a nomination/removal:

Read the full notice and identify whether the repair notice cites prescribed neglect in reg 38. If the works in the notice fall within reg 38, prepare to respond.
Expect contact from the Council within the windows in reg 39: if the repair notice specifies under 30 days for completion, the Council must contact the owner/occupier at least 10 days before the end of that period; otherwise contact must be within 30 days after giving the notice and at least 10 days before the specified completion date (reg 39(2)). Prepare to attend a meeting within 10 days of such contact if invited (reg 39(1)(b)-(4)).
Where you seek amendment of a land description or removal of a register entry, make the request in writing and include the land description and reasons as required by regs 32(1) and 34(1). Expect the Council to make a determination within 60 days about whether the request warrants detailed consideration (regs 32(2), 34(2)).

For applicants and decision‑makers (planning/building authorities):

Assess whether an application is a “proposal” or “prescribed proposal” under regs 39A, 40 and 43(1). If so, refer the proposal to the Council as required by the Act and Regulations and be prepared to receive Council advice within 42 days (reg 42(2)).
If the Council notifies a review is underway for a relevant place, ensure you notify the Council of prescribed proposals that would affect the place (reg 43(3)-(4)). If the Council gives a direction under s 76 to suspend operation, be aware the prescribed suspension period cannot exceed three months (reg 43(2)).
When a proposal has been referred, allow for the Council to request reconsideration under reg 43A if material changes occur, and document any material changes to permit efficient reconsideration. When receiving Council advice, notify the Council of your decision within 10 days as required (reg 42(3)).

For Council administration and members:

Ensure Council posts the register and any amendment/removal information on its website as required by regs 28 and 29. Keep the register in an electronic database format and ensure each entry contains the components in reg 29.
Adopt procedures to ensure timely disclosure of material personal interests at meetings and record disclosures in minutes (reg 13). Ensure members are aware of the $5,000 penalty for failure to disclose (reg 13(1)-(2)).
Implement administrative processes to meet all prescribed timeframes: preliminary nomination determinations within 60 days (reg 30(2)); advice on referred proposals within 42 days (reg 42(2)); respond to requests for reconsideration under reg 43A; and meet consultation and publication requirements in regs 48-49.

For State agencies disposing of heritage assets:

If the place is a prescribed heritage asset as per reg 44D, provide the Council at least four months’ notice in writing before disposal (reg 44F(3)) and include the listed particulars required by reg 44F(4). Consult the Council on plans or strategies for continuing conservation (reg 44F(5)).
If disposing by sale or lease a registered place, generally require the purchaser or lessee to enter a heritage agreement as a condition of the sale or lease (reg 44F(6)), unless the Council determines a heritage agreement is unnecessary or would have no significant conservation benefit (reg 44F(7)).

For valuation and compensation practitioners:

Where valuation adjustments are required under s 82 of the Act, be prepared to apply or challenge the Valuer‑General’s consideration of the planning instruments listed at reg 44A(2), and the supplementary valuation assumptions in reg 44B. When advising clients on compensation claims, ensure applications are made within the 90‑day window set out in reg 44G(1) and include the details of compensable loss and statements on recovery/mitigation per reg 44G(2).
Track the Minister’s 90‑day recommendation period under reg 44H(1) to ensure follow up and enforce timeliness.

Across all roles:

Use prescribed service methods: electronic service to Council emails on the Council’s website or to an email provided by the person (reg 45), prepaid post options (reg 46(2)), and advertising or affixing notices where addresses cannot be found (reg 46(3)). Keep records proving service and publication to withstand any challenge.
Plan for public consultation windows of at least 42 days where the Act requires consultation (reg 48(4)-(7)) and ensure advertisements meet the publication minimums and timing in reg 49.

Operationally, compliance is a mix of administrative discipline and legal documentation. Parties should build internal calendars keyed to the specified time limits in the Regulations, retain evidence of service and publication, and ensure initial filings meet the detailed content requirements to avoid early procedural dismissals or delays. Counsel should advise clients to engage early with the Council where works or disposal is contemplated, and to consider the valuation implications of regs 44A-44B when negotiating settlements or compensation claims.

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