Heritage Decisions

SAT reviews decisions made under both the Heritage of Western Australia Act 1990 and the Aboriginal Heritage Act 1972. Heritage considerations also play a role in Town Planning decisions.

For additional information on the particular types of applications, view Applying to SAT.

Reviews under the Aboriginal Heritage Act

The following protocol was agreed by an exchange of correspondence in August 2010 between the President Justice John Chaney and Hon Dr Kim Hames MLA, Deputy Premier and Minister for Indigenous Affairs, in applications for review under s 18(5) of the Aboriginal Heritage Act 1972 (WA):

At the first directions hearing, the presiding member will discuss with the respondent what orders are required to be made to obtain information from the respondent that would identify the Aboriginal groups consulted in the decision-making process under review.

The practice of SAT is then to consider whether it should require either party to give notice of the proceeding and the decision sought by the applicant to any Aboriginal groups consulted in the decision making process by the original decision maker. SAT will have regard to the terms of s 38 of the State Administrative Tribunal Act 2004 (WA) in relation to its power of joinder in this regard.

Further information

Heritage considerations on planning matters are generally based on identified Heritage Council or State policies, such as State Planning Policy 3.5, Historic Heritage Conservation.

State Planning Policy 3.5, Historic Heritage Conservation (SPP3.5), sets out the principles of sound and responsible planning for heritage protection.  It can act as a default policy for local governments in relation to heritage, and is usually given significant weight in any determination by SAT.

The State Heritage Office has developed guidelines and practice notes to assist local governments to implement SPP3.5. These relate to heritage inventories, assessment of local heritage places and local planning policies.

Any scheme amendment or new local planning scheme should be referred to the State Heritage Office for advice.

Last updated: 19-Dec-2013

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