❓ Hon. Linda Savage questions the Minister for Heritage on the lack of action regarding the deteriorating Guildford Hotel, a heritage-listed site. The Minister responds by clarifying the relevant sections of the Heritage Act and stating that compulsory acquisition is not currently justified.
AnsweredQoN 207Legislative Council
QuestionView source ↗
GUILDFORD HOTEL
207. Hon LINDA SAVAGE to the minister representing the
Minister for Heritage:
I refer to the Barnett government's
failure to address any meaningful restoration of the heritage-listed Guildford
Hotel.
(1) Why has
the Minister for Heritage not taken any action under section 11 of the Heritage
of Western Australia Act 1990, which compels the minister to ensure that no
adverse actions were taken, or not taken, to affect a registered place?
(2) At what point
in the deterioration of the Guildford Hotel will the Minister for Heritage use
his powers of compulsory acquisition under the Heritage Act to save this iconic
building from ruin?
207. Hon LINDA SAVAGE to the minister representing the
Minister for Heritage:
I refer to the Barnett government's
failure to address any meaningful restoration of the heritage-listed Guildford
Hotel.
(1) Why has
the Minister for Heritage not taken any action under section 11 of the Heritage
of Western Australia Act 1990, which compels the minister to ensure that no
adverse actions were taken, or not taken, to affect a registered place?
(2) At what point
in the deterioration of the Guildford Hotel will the Minister for Heritage use
his powers of compulsory acquisition under the Heritage Act to save this iconic
building from ruin?
AnswerView source ↗
I thank the
honourable member for some notice of the question.
(1) Section 11
of the Heritage of Western Australia Act 1990 is a requirement for public
authorities to assist in conservation of registered places. If the member is
referring to subsection (1), this applies to any state authority in a minister's
portfolio that seeks to carry out a public work, or grant an approval that may
affect a registered place. In these cases, subsection (1) requires that the relevant
minister ensure that no action is taken that is detrimental to the registered
place unless there is no feasible and prudent alternative.
Subsection (1) does not confer on any minister
the power to direct that works be undertaken in respect of a registered place.
With regard to the Guildford Hotel, no state authority in any portfolio is
engaged in a public work or approval. Therefore, subsection (1) is not
applicable in this instance. Outside subsection (1), section 11 does not confer
any powers or duties on the Minister for Heritage or any other minister in
relation to a proposal that may affect a registered place. Subsections (2) to
(4) are concerned with the role of the Heritage Council in advising
decision-making authorities, be they state or local government authorities, on
any proposal that may affect a registered place.
(2) Section 73
of the act sets out the powers available where it appears to the minister, in
relation to a place having cultural heritage significance, that the continued
existence of the place in a condition suitable to effect conservation of its
heritage value is in jeopardy. In effect, section 73 allows the Heritage
Council, with the minister's approval, to compulsorily acquire a place
where this condition is satisfied. No evidence that the continued existence of
the Guildford Hotel in a condition suitable to effect conservation of its
heritage value is in jeopardy has been placed before the minister that would
support invoking section 73. The owners of the Guildford Hotel have obtained
planning approval for the restoration and redevelopment of the place from the
City of Swan, subject to 29 conditions, five of which are currently under
review through mediation at the State Administrative Tribunal. Under these
circumstances it cannot be concluded that the conservation of the heritage
value of the Guildford Hotel is in jeopardy.
honourable member for some notice of the question.
(1) Section 11
of the Heritage of Western Australia Act 1990 is a requirement for public
authorities to assist in conservation of registered places. If the member is
referring to subsection (1), this applies to any state authority in a minister's
portfolio that seeks to carry out a public work, or grant an approval that may
affect a registered place. In these cases, subsection (1) requires that the relevant
minister ensure that no action is taken that is detrimental to the registered
place unless there is no feasible and prudent alternative.
Subsection (1) does not confer on any minister
the power to direct that works be undertaken in respect of a registered place.
With regard to the Guildford Hotel, no state authority in any portfolio is
engaged in a public work or approval. Therefore, subsection (1) is not
applicable in this instance. Outside subsection (1), section 11 does not confer
any powers or duties on the Minister for Heritage or any other minister in
relation to a proposal that may affect a registered place. Subsections (2) to
(4) are concerned with the role of the Heritage Council in advising
decision-making authorities, be they state or local government authorities, on
any proposal that may affect a registered place.
(2) Section 73
of the act sets out the powers available where it appears to the minister, in
relation to a place having cultural heritage significance, that the continued
existence of the place in a condition suitable to effect conservation of its
heritage value is in jeopardy. In effect, section 73 allows the Heritage
Council, with the minister's approval, to compulsorily acquire a place
where this condition is satisfied. No evidence that the continued existence of
the Guildford Hotel in a condition suitable to effect conservation of its
heritage value is in jeopardy has been placed before the minister that would
support invoking section 73. The owners of the Guildford Hotel have obtained
planning approval for the restoration and redevelopment of the place from the
City of Swan, subject to 29 conditions, five of which are currently under
review through mediation at the State Administrative Tribunal. Under these
circumstances it cannot be concluded that the conservation of the heritage
value of the Guildford Hotel is in jeopardy.
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