A Committee of Inquiry into the National estate was appointed by the Federal Government in 1973. The report from the Committee indicated an overwhelming recognition that the national environmental heritage was coming under the threat of damage and potential destruction due to the influence and pressures of development and other human action.
The Australian Heritage Commission Act of 1975 is based on the recommendations made in the National Estate Report. The Act is primarily concerned with the identification and registration of items comprising the National Estate, which is taken to consist of:
"those places being components of the natural environment of Australia or the cultural environment of Australia, that have aesthetic, historic or social significance or other special value for future generations as well as for the present community." (Australian Heritage Commission Act 54 {1}).
The powers of the Australian Heritage Commission are related solely to properties controlled by the Crown and do not extend to privately owned property. However, the Register of the National Estate lists those places which have been identified to date as comprising part of the nation's heritage. A number of items within the Wentworth Shire are registered as items of the National Estate including:
Registered
Mallee Cliffs National Park
Nearie Lake Nature reserve
Rufus Creek Massacre Burial Site
Snaggy Bend Aboriginal Burial Ground
Willandra Lakes proposed Aboriginal area
Wentworth Courthouse
Former Wentworth Goal
Nominated for Registration
Tarawi Mallee Area
Lake Nitchie Skeleton
Of utmost significance is the Willandra Lakes Region which has World Heritage Listing because of its outstanding universal value based on both cultural and natural features. The landforms provide valuable information on late Pleistocene climates. An aboriginal cremation, dated some 26,000 years old is the oldest cremation in the world and a burial some 30,000 years old has parallels to customs in upper Paleolithic France.
The Heritage Act, 1977 ensures the cultural and natural heritage of New South Wales is adequately identified and conserved. The Act was established in response to the demands of the community, including conservationists, developers, trade unionists and others, for the rational conservation of the environment. For the purposes of the Heritage Act, the term "environmental heritage" describes those buildings, works, relics or places of historic, cultural, social, archaeological, architectural or aesthetic significance for the State of New South Wales.
Responsibility of the administration of the act lies with the Minister for Planning,. The Heritage act established the Heritage Council of New South Wales, which is responsible to the Minister for recommendations and advice pertaining to the conducting of his functions under the Act. The Heritage Council consists of eleven members representing expertise and interest of a comprehensive nature. The council is supported by a professional and administrative staff within the Heritage and Conservation Branch of the Department of Planning.
The Heritage Council is obliged to keep a public register of buildings, works, relics and places that are the subject of conservation instruments and any orders made and notices served under the Act, including:
Interim conservation orders.
Permanent conservation orders.
Approvals of controlled activities.
Notices and orders for repairs.
Orders for curtailment of modification of other laws.
Notices and orders for prevention of demolition.
Emergency prevention of demolition orders.
A conservation instrument is an interim or permanent conservation order and is the major instrument of the Act for the conservation of the environmental heritage. The conservation instruments control the following activities:
Demolition of buildings or works.
Damage or despoliation of relics, places or land.
Excavation of any land to expose or move relics.
Development of land on which buildings, works or relics are situated.
Alteration of the buildings works or relics.
Displaying of any notice or advertisement.
Removal damaging or destroying of any trees.
A person intending to carry out any of the above activities, on an item registered by the State, must first obtain permission from the Heritage Council.
Interim conservation orders are placed upon items likely to warrant permanent protection. The order takes effect when published in the Government Gazette, and remains for a maximum period of two years in which time further investigation into the significance of the item is undertaken. Upon the recommendation of the Heritage Council, the Minister may then make a permanent conservation order over the site. Public notice of the intention to place an order is required and submissions may be made within a twenty eight day period. Not all items recommended for permanent protection require interim protection due to their obvious significance.
An order under Section 130 of the Act may be placed by the Minister to control demolition or alteration of an identified heritage item. The order is principally a holding measure which allows the Heritage Council forty days to investigate the significance of the item and determine the effect of the proposed demolition or alteration and any further protective action that may be required.
An item under immediate threat of demolition or damage may be subject to a Section 136 Order which halts demolition for a period of twenty eight days in which time further investigation into the significance of the item may be undertaken.
The Minister is enacted with the power to:
make available grants and loans to assist the conservation of heritage items;
execute guarantees for the repayment of money expended in acquiring or conserving items of environmental heritage;
acquire property or accept gifts or bequests of any property, (acquisition usually being a last resort measure to ensure conservation of an item);
provide a rating and land tax value based on existing use as opposed to highest or best potential use on land subject to a permanent conservation order.
Two items within the Wentworth township are currently listed under the State Heritage register, being:
St John's Anglican Church and Rectory, Darling Street (Permanent Conservation Orders)
Wentworth Hotel, Darling Street (Interim Conservation Order)
Historic sites and natural areas owned or being acquired by the Crown come under the ambit of the National Parks and Wildlife Act. Much of the land within the Wentworth Shire comes under the jurisdiction of the Western Lands Commission and the New South Wales Department of Water resources. As such, some of the responsibility of the Shire's heritage falls under the control of the National Parks and Wildlife Service.
It is the legislative intention the Heritage Act be complementary to the National Parks and Wildlife Act. The Director of National Parks and Wildlife, by nature of office, is a member of the Heritage Council.
The National Parks and Wildlife Act has sole jurisdiction and control over aboriginal relics and places. All sites or items identified or discovered must be notified to the National Parks and Wildlife Service who record and assess the significance of the item. The items are given instantaneous protection.
Permits to disturb, excavate or interfere with any land for the purpose of discovering an aboriginal relic must be obtained from the Director. Any person aware of the location of a relic who does not notify the Director within a reasonable time is guilty of an offence under the Act, unless that person believes the Director is already aware of the location.
The National Trust of Australia (New South Wales) is a private conservation body established by an Act of Parliament but which has no statutory powers. The non-government community organisation is concerned with the promotion and conservation of items of heritage significance. The Trust has a register of buildings and sites considered to be of significance to the State's Heritage. The trust plays an active role in the conservation and enhancement of items of environmental heritage by local advice and publications, purchase and restoration of properties, community awareness campaigns and recommendations for urban conservation areas and subsequent advice to local government authorities.
An active branch of the National Trust is established in Wentworth and has been responsible for the recognition, enhancement and restoration of some items, the most notable being the St Ignatius Convent in Cadell Street, Wentworth.
The Wentworth Shire Council has limited planning control over the vast expanse of land within the Shire boundaries, due to the extent of Crown land managed by the Western Lands Commission and the Department of Water Resources. However, much of the Shire's environmental heritage is located within townships or on freehold land which is subject to Council planning controls.
The New South Wales Environmental Planning and Assessment Act 1979, requires that all development applications should be determined according to their compliance with a number of matters detailed in Section 90, including:
The provisions of any conservation agreement or management plan entered into under the National Parks and Wildlife Act.
The impact of the development on the environment.
The effect of the development on the landscape or scenic quality of the locality.
The social effect of the development.
The character and appearance of the development.
The relationship of the development to adjoining land or development.
These matters for consideration can be directly relevant to an application proposing to develop, amend, or demolish an item, or land adjacent to an item of heritage significance, or potential heritage significance.
The New South Wales Department of Planning requires that Local Governments have suitable regard to the environmental heritage. The Shire is currently in the process of undertaking a comprehensive review of its planning legislation which will result in the formulation of a new Local Environmental Plan to replace the existing Interim Development Order No 1. As a result, the draft Local Environmental Plan will include specific clauses relating to conservation, preservation, and enhancement of items of environmental heritage significance. Particular reference will be given to items identified within this report as being of heritage significance.
The Department of Planning recommend clauses be provided within Local Environmental Plans as detailed in Circular No 84, to cater for development, and protection of the Shire's environmental heritage. These clauses are set out in Appendix 6. The recommended clauses are currently under review and it is expected that additions and alterations will be provided later this year.
Construction, extension, additions and renovations of buildings are required to be submitted for approval by the Council. Such applications are assessed by Council's Building Department according to the requirements of ordinances of the Local Government Act. Additionally, the health and building officer has the power to place demolition orders on structures. Most of these functions have significant bearing on retention and enhancement of heritage items within the Shire.
Many building regulations and accepted building standards can have a negative impact on the retention of items of heritage significance. For instance, the change of use of the structure may require alterations for fire safety or health requirements. Compliance with these regulations could result in the damage to
the interior of valuable heritage buildings.
Building officers are empowered to use flexibility and discretion in requiring compliance with building regulations for heritage items. Clauses in Ordinance 70 of the Local Government Act limit the extent of compliance required for existing buildings. Additionally, Section 129 of the Heritage Act can revoke the strict application of fire control regulations on items of heritage significance thus reducing unsympathetic internal or external alterations that may otherwise ensue. These discretionary clauses can only be utilised providing the Council is satisfied that the building has structural and fire safety.
In assessing building applications submitted for heritage items or for structures adjacent to heritage items, positive advice on suitable building materials and design styles to compliment the traditional building form should be forthcoming from the Council, and in particular from the building department.