Hon. Margaret Rowe questions the Minister for Heritage regarding the lack of inclusion of ministerial directions in the Heritage Council's annual report, specifically concerning approvals for heritage place registration and the removal of Druid's Hall. Minister Doust clarifies the interpretation of the Heritage Act and provides related documents.

AnsweredQoN 574Legislative Council
Asked
29 June 2006
Portfolio
Heritage

QuestionView source ↗

HERITAGE COUNCIL - MINISTERIAL DIRECTIONS
I draw the minister’s attention to references in the Heritage Council’s 2004-05 annual report to directions given by the previous minister concerning approvals for entry in the Register of Heritage Places, and the removal of Druid’s Hall in Geraldton from the register, and ask - (1) Why was the text of those ministerial directions not included in the annual report as required by section 6(4) of the Heritage of Western Australia Act? (2) Will the minister table copies of those directions now; and, if not, why not? Hon KATE DOUST

AnswerView source ↗

I thank the honourable member for some notice of the question. (1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]
(1) Why was the text of those ministerial directions not included in the annual report as required by section 6(4) of the Heritage of Western Australia Act? (2) Will the minister table copies of those directions now; and, if not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of the question. (1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]
(2) Will the minister table copies of those directions now; and, if not, why not? Hon KATE DOUST replied: I thank the honourable member for some notice of the question. (1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]
Hon KATE DOUST replied: I thank the honourable member for some notice of the question. (1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]
I thank the honourable member for some notice of the question. (1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]
(1)-(2) Section 6 of the Heritage of Western Australia Act 1990 deals with ministerial powers and delegation to the Heritage Council. Section 6(4) deals with the publication of directions of a general nature issued under section 6(2) by the Minister for Heritage to the Heritage Council. The matter of the minister not approving the Heritage Council’s recommendation for entry of the place in the Register of Heritage Places on an interim basis is different from the intent of this section of the act. I provide a copy of the Heritage Council recommendation, and Minister Logan’s non-approval, for the member’s information. The practice to date has been that this section of the act applies when the Minister for Heritage directs the Heritage Council in relation to a matter, and not when the minister responds, approving or otherwise, to a recommendation by the council. All directions initiated by the Minister for Heritage, as opposed to responses to Heritage Council recommendations, are published in terms of section 6(4) of the act. There were no such directions during 2004-05. [See paper 1663.]

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more