OUR EXPERTISE

Heritage Law

Land development is often influenced by European and indigenous heritage considerations. We provide guidance on obtaining the necessary approvals and consents for projects involving land or buildings with heritage status or value. Additionally, we offer advice and assistance for places proposed for inclusion in the State Heritage Register, Local Heritage list, or as an Aboriginal heritage site.

How we can support

  • Advising on the heritage status of land and the effect of those constraints on the development potential of that land.

  • Advising on conditions of development or subdivision approval relating to the land’s heritage values.

  • Drafting submissions and acting for landowners in relation to the proposed heritage listing of a building or land.  

  • Representing clients in proceedings brought due to actions that affect the heritage of a building.

Recent Experience

  • Provided advice as to whether the decision of a development assessment panel in respect of a multimillion dollar development in a State heritage-listed property was valid or not based on issues identified in a responsible authority report.

  • Advised a major developer on the re-assessment process by the Department of Aboriginal Affairs in relation to Aboriginal heritage which affected a rural townsite ad had the potential to restrict the use and development of land.

  • Advising major hospitality and tourism developer on the registration of an Aboriginal heritage site affecting key development sites in Broome.

  • Advising a consultant client threatened with prosecution on their obligations pursuant to an investigation into the clearing of land affecting a registered aboriginal heritage site. Making successful submission not to prosecute.

  • Represented a company in the State Administrative Tribunal in proceedings relating to a heritage conservation notice for  house which had been severely damaged by fire.

  • Advised and assisted the proprietors of a heritage-listed hotel on the amalgamation and re-subdivision of the hotel in order to facilitate extensions to the hotel and its integration with several hospitality venues.

  • Advised a company and liaised with the Department of Planning, Lands and Heritage in relation to a proposal to enter a large site into the State Heritage Register and the impact that would have on the development potential of the company’s land.

  •  Acting for a client in relation to the demolition of a heritage listed building and negotiated a development deed for the future redevelopment of the property.