Question regarding the deterioration of Maddington Homestead despite a Conservation Order and inquiries into whether the Heritage Council has taken action to enforce preservation or considered compulsory acquisition. The answer clarifies the limitations of a Conservation Order and confirms compulsory acquisition was considered.

AnsweredQoN 1004Legislative Assembly
Asked
6 August 2013
Portfolio
Heritage

QuestionView source ↗

I refer the Minister to Question on Notice No. 709, asked by the Member for Southern River on 15 September 2009, and to Question on Notice 2699, asked by the Member for Perth on 18 May 2010, regarding the preservation and protection of the Maddington Homestead, and I ask:
(a) is the Minister aware of the current ruinous state of the property which has deteriorated since the Conservation Order on the property was established on 22 September 2009;
(b) has the Heritage Council sought to enact on the Order, impose work orders or enforce the owner to undertake preservation works, and if not, why not; and
(c) can the Minister advise whether the Heritage Council has investigated the compulsory acquisition of the property as an alternative measure to achieve restoration and if not, why not?

AnswerView source ↗

Answered
10 September 2013
Responded by
Minister for Heritage
Response time
35 days
(b) A Conservation Order issued in respect of a place under Section 59 of the Heritage of Western Australia Act 1990 may not compel the owner of the place to carry out any works, repairs or maintenance to prevent decay. A Conservation Order may only forbid persons generally from altering or damaging a place, or from carrying out activities at the place that are specifically prohibited by the Conservation Order. (c) The Heritage Council considered the possibility of compulsory acquisition as part of its deliberations in reaching a resolution in June 2009 to recommend the Minister for Heritage issue a conservation order under Section 59 of the Heritage Act.
(c) The Heritage Council considered the possibility of compulsory acquisition as part of its deliberations in reaching a resolution in June 2009 to recommend the Minister for Heritage issue a conservation order under Section 59 of the Heritage Act.

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