The Queensland Government is proposing to reinstate a
state heritage referral trigger for development applications on
land adjoining a State heritage place.
On 20 July 2016, the Government announced the proposed
reinstatement of a state trigger for development applications that
are lodged on land that shares a common boundary with a Queensland
heritage place or that shares a common boundary with a lot
containing a Queensland heritage place.
A similar referral trigger existed prior to 2012.
The new referral trigger will require the development
application to be referred to the State Assessment and Referral
Agency (SARA). It is understood that the
Department of Environment and Heritage Protection will then be
required to provide technical advice, as it currently does for
development applications for development of a Queensland heritage
The details of the new trigger are currently unknown as it is
understood that the Government will undertake consultation with the
Local Government Association of Queensland and industry groups
prior to the creation of the new state trigger.
Although the date of commencement has yet to be announced, the
Government has indicated that the new regulation will commence
later this year.
If you are proposing to lodge a development application on land
adjoining a Queensland heritage place or that shares a common
boundary with a lot containing a Queensland heritage place after
the regulation comes into effect, it may be referred to SARA. The
regulation is expected to commence later this year.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
Persons listed may not be admitted in all states and
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