Heritage Act Reforms

In May 2021, the NSW Government announced a major review of the Heritage Act, 1977 which would contribute to its legislative reform.

The NSW Heritage Act is the single most important instrument in our state that identifies, protects and conserves our heritage and we believe should only be strengthened.

FOKE participated in a National Trust Forum on the Government’s Discussion Paper on the 9th May with 277 experts, heritage organisations and other participants.

We believe the current Heritage Act is very robust and working well and needs only minor updating.

The stated intention of the review is to make heritage ownership easier, more affordable and maximising a heritage item’s economic value.  

Our main concern is that the discussion paper intends to water down the current Heritage Act’s conservation and protection measures. Under the rationale for the review, the prescriptive controls which have helped conserve and protect heritage items are cited as outdated, with no real comment as to best practice improvements or any strengthening of the Act.

Rather the paper recommends a ‘nuanced’ approach to heritage controls, which will only lead to individual interpretations resulting in legal battles among residents, developers and local and state planning controls. Prescriptive controls have proven to be successful in other countries such as the UK.

The key areas supported in our submission relate to the need to address Aboriginal Heritage, the ability to issue penalty infringement notices for non-compliance or wilful deterioration of a heritage item, and financial incentives for funding conservation.

The issues raised that are not supported are streamlining the delisting process, and extending the levels of heritage protection into four categories.

However, the Act would benefit by excluding heritage from State Significant Developments, which currently can override the provisions of the Heritage Act. As we have just seen with the removal of Willow Grove to make way for the Parramatta Powerhouse museum.

Similarly, Heritage items should have a significant conserved perimeter where no development is allowed. Most heritage is an item in a setting that adds to its value and historic validity, hence the area surrounding it needs to be similarly protected.

Why are only 4% of the 40,000 State Heritage Inventory Items actually listed on the Heritage Register?

The Heritage Council is adding fewer and fewer items each year. Without protection these items will be lost. The National Trust (NSW) have listed over 100 buildings and places that in their view warrant State Heritage listing which the Heritage Office has not registered.

Heritage assessment and relevance to local, state or national significance should be maintained. Any proposed amendments should result in better heritage outcomes rather than a weakening of heritage protections.

Council’s Quiet Divestment of Community Land

In a controversial decision in June, council resolved behind closed doors the future of ‘surplus’ parcels of ‘operational’ land for divestment.

Ratepayers deserve to know which council owned land is described as ‘surplus land’ and why it is being proposed to be divested!  

FOKE has been strongly opposed to public land being sold off particularly when that land will never be returned to community use or replaced. Now over 27 council owned properties that were ‘community classified’ and maintained under Plans of Management are now classified as ‘operational’.  Operational classification allows council to sell and allow the redevelopment of this land without ensuring a replacement. 

Processes around the disposal of public land are supposed to be fully accountable and transparent!  Whilst there are some issues around confidentiality with respect to land valuations, the community deserve openness and transparency as to which land is being divested and whether it will be replaced.


We believe that if community owned land is ‘surplus’ to Ku-ring-gai’s needs then ratepayers should be consulted prior to the land or property being considered for divestment by council!   

As an example, Council’s Havilah Lane public car park in Lindfield which provided public car spaces for 25 cars was considered by Council as surplus council land and was sold to a developer for approximately $4.6 million for 8 storey unit development several years ago!   The 25 carspaces that the Lindfield centre lost from that commercial sale and disposal have not been replaced in the provision of new parking space in the Lindfield Village Green despite the Commissioner’s Reclassification Report recommendation that the money from the sale be spent back in Lindfield.

‘Community’ classification is council owned land which should be kept for use by the general public with the use and management of community land regulated by a plan of management.

Operational land is council owned land held as a temporary asset or as an investment, land which facilitates the carrying out of Council functions or land which may not be open to the general public, such as a works depot! 

The problem that we have in Ku-ring-gai now is that the majority of council owned land is now reclassified ‘operational’.  This includes community facilities and local parks such as Bates Park in Roseville Chase.

Operational classification of land takes the control out of the community and into the control of bureaucrats and councillors in deciding future outcomes which may or may not be in the long term public interest!

This is especially important at a time of increasing population where greater avenues for open space are essential to our residents’ health and amenity.