Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Part, where the Minister is of the opinion, having regard to any advice given
by the Council in relation to that place and to any report of the Council as
to submissions made to the Council under
subsection (3) —
(a) that
a place —
(i)
is of cultural heritage significance; or
(ii)
possesses special interest related to or associated with
the cultural heritage,
and is of value for
the present community and future generations; and
(b) that
the protection afforded by this Act is appropriate notwithstanding that the
place may be afforded protection by the operation of any other written law or
law of the Commonwealth,
the Minister may
direct the Council to enter that place in the Register, either as an interim
registration or on a permanent basis, and effect shall be given to the
direction in accordance with section 50 or 51 as may be specified.
(2) Without prejudice
to the generality of subsection (1) and with the intent that there should
be compiled a comprehensive register of the heritage rather than merely an
index of examples, in considering the significance which any place may have to
the cultural heritage of the State regard may be had to —
(a) any
distinctive features or scarcity value, the character of the environs of the
place, its landscape or townscape value and, in the case of a building, its
beauty and proportions, the degree of unity of its materials, design and
scale, and any contribution it makes to the significance of any area,
precinct, group of buildings, or amenity of which it forms part, or to its
setting or the setting of any other place or feature;
(b) any
strong association which the place has with any historic personage or
significant event or discovery or any development or cultural phase, or
whether or not the place provides a notable example of a particular period or
type important for general educational, architectural or archaeological
reasons that distinguish it from other such examples, or has intrinsic merit
and is commonly agreed to be —
(i)
a work of art in itself that enriches the environment; or
(ii)
held in high public esteem or sentiment;
and
(c) in
the case of places of particular scientific or other special interest, the
extent to which the place has contributed, or may be likely to contribute, to
knowledge or research,
but a place shall not
be excluded from the Register on the ground only that like examples are
already included.
(3) In advising the
Minister as to the significance of any place the Council shall consider any
submissions which may be made —
(a) as
to such places generally, by the Australian Heritage Commission, the National
Trust of Australia (W.A.) Inc., local governments and community organizations
concerned with the cultural heritage generally; and
(b) in
relation to any particular place, by —
(i)
the owner;
(ii)
any occupier;
(iii)
the local government of the district in which the place
is situate; and
(iv)
any other person having a special knowledge of, or
interest in, that particular place,
as to its relevance to
the cultural heritage in the State.
(4) On a request being
made by the Council to any public authority the recommendations of that
authority in relation to the conservation or presentation of any place shall
be made known by that authority to the Council.
(5) The Council shall
publish by public advertisement any advice given by it to the Minister under
this section or sections 49, 52 or 53 in relation to the entry in the
Register of a place vested in the Crown, or in a person on behalf of the
Crown, in right of the State.
[Section 47 amended by No. 14 of 1996
s. 4.]