Harsher penalties for illegal works on heritage-listed properties

Proposed amendments to the Heritage Act and the Planning Act would increase penalties to up to $1million for illegal demolition and unauthorised development of properties.

Heritage Minister John Castrilli said current penalties for illegal works on heritage-listed places in Western Australia were extremely low and offered little deterrence to deliberate destruction.

Mr Castrilli said property values had escalated rapidly during the past decade, overtaking a penalty regime which was devised more than 20 years ago.

The maximum penalty under the Heritage of Western Australia Act 1990 for unauthorised demolition or other works on a State-registered place is currently $5,000.  The Planning and Development Act 2005 imposes an additional penalty of $50,000 for failure to obtain a permit for works.

The increased penalties under the Heritage Act would apply to damaging or despoiling a State-registered place without a valid approval under sections 11 and 78 of the Heritage Act.

Proposed penalties for persons convicted of this offence are:

·           monetary penalty of up to $1million with a daily penalty for continuing offences of $50,000

·           a development moratorium placed on the property for up to 10 years

·           restoration orders (where the offender is obliged to make good the unauthorised works).

The Minister said the prospect of a redevelopment moratorium and financial penalty should deter owners from illegally demolishing property.

"With this legislation, properties which have been recognised for their heritage value through entry on the State Register of Heritage Places will be assured meaningful protection for current and future generations," he said.

"Increasing the penalties makes it clear that the State and this Government values its heritage."