Heritage protection

The ACT's rich heritage

A heritage place or object is significant because of its role in the history and development of the ACT. It can be anything from the past that we want to preserve for future generations.

The ACT is rich in natural, cultural and Aboriginal heritage. It's important to recognise and protect these places and objects for the future. They tell the story of who we are and the history that has helped shape us.

Historic heritage

The ACT's 19th and 20th-century heritage is important to our story and identity.

Duntroon Dairy is a remarkable survivor of farming days from that era and is believed to be the oldest standing building in the ACT. Built around 1832 the dairy provided milk and butter for the many people living on the Duntroon estate. Today, informative signage makes a visit to this site worthwhile at all times of the year.

The Heritage Register lists many of the ACT's Garden City precincts from the 1920s. These highlight the social, domestic, and planning aspects of our history.

Some of the newest heritage sites include:

• Callum Offices in Woden (completed in 1981)
• Swinger Hill Cluster Housing Precinct (1970s)
• Bunda Street's Cinema Center (1965).

Natural heritage

Natural heritage places in the ACT include native plants, animals and geology. These places might be rare, endangered, or special examples of the ACT’s natural history. They could:

• show how landscapes have evolved
• be important ecological communities or habitats
• have a unique variety of plants and animals.

Examples of natural heritage places protected under the Act include the:

• Tuggeranong Parkway cutting, which shows the ACT's landscape has developed
• Hall Cemetery, where the rare Tarengo Leek Orchid is found.

Damage to heritage places and objects

Heritage protection laws

The Canberra community values our shared heritage and history. Canberrans are passionate about finding better ways to protect it.

The Heritage Act 2004 makes it an offence to diminish the heritage significance of registered places and objects, and damage Aboriginal places or objects. However, there are some exemptions in place, such as approvals by the Council or development approval under the Planning Act 2023.

In some circumstances, a heritage order may be sought to restrain a person from causing material harm to the heritage significance of a place or object. Heritage agreements can also be put in place to protect and conserve heritage places and objects.

The Heritage Amendment Act 2020 introduced new rules to protect heritage sites and objects. These rules help prevent damage and ensure anyone responsible for damage is also responsible for fixing it. The changes make it easier to address both minor and serious damage and align the ACT with other states.

Repair damage directions

"Repair damage directions" allow the Heritage Council to instruct anyone who damages a heritage place or object to repair it. This applies to owners, tenants, and workers. If they need more time to comply, they can request an extension. '

Anyone who doesn't follow these directions may be fined up to:

• $80,000 for individuals
• $405,000 for companies.

If the ACT Government has to fix the damage, it can recover costs from the responsible person. The ACT Civil and Administrative Tribunal can review decisions and may lead to a Heritage Order by the Supreme Court.

Heritage directions

The Council can also issue directions to protect a heritage site or object under threat, even if it’s not on the heritage list. Directions can include orders to:

• perform essential maintenance
• avoid damage to significant features
• stop certain developments.

These directions can include all level of threats from minor to serious.

Infringement notice scheme

This scheme allows compliance officers to issue fines on the spot for damaging Aboriginal or heritage places or objects. Fines are $1,000 for individuals and $5,000 for companies. These fines will be issued regardless of if the places or objects need repairs. This is a more efficient and effective way than taking offenders to court.

The scheme targets less serious offences and ensures penalties are in line with other conservation laws.

Strict liability offences

A strict liability offence doesn't need proof of intent or recklessness. Simply being responsible for the prohibited act is enough. For example, exceeding the speed limit is a strict liability offence, regardless of intention.

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