Minter Ellison's popular report on the fundamentals of doing business in Australia.
Our heritage specialists work with developers, project proponents and indigenous groups to negotiate agreements for European and Aboriginal heritage matters in all Australian jurisdictions at the Commonwealth, state and local levels. We are experienced in optimising the development potential of properties that are already or proposed to be heritage listed at the Commonwealth, state and local government levels. Our lawyers are thoroughly versed in the principles of heritage conservation and the commercial, client and environmental issues that cultural heritage law presents. We liaise with industry bodies, heritage architects, heritage consultants, archaeologists, indigenous groups and regulatory authorities to achieve the best outcome for our clients and for the preservation of our cultural heritage.Our specific expertise includes advising on the nature and effects of heritage listing and protection, the obligations imposed on owners as a result of heritage listing, associated offences and exceptions, how to resist proposed listings and remove listings and how to navigate the assessment, approvals and appeals processes.We manage heritage protection orders issued by state and local governments and advise on duties and obligations following the discovery of aboriginal remains and objects, including notification obligations to relevant authorities and obtaining necessary approvals.We also negotiate and prepare heritage and conservation agreements and advise on ratings and tax exemptions that may apply to heritage listed properties. We liaise with heritage architects and consultants in the preparation of conservation management plans and heritage impact assessment.
One of the more important amendments in Queensland's Sustainable Planning and Other Legislation Amendment Bill 2011 is the introduction of provisions that protect the existing uses of particular premises from new encroaching development. We look at how and when the protection provisions apply, exemptions, the registration process and the obligations of premises owners.