Heftier penalties to protect WA's heritage from illegal demolition and development

Heritage Minister John Castrilli and Planning Minister John Day have announced increased penalties of up to $1million for illegal demolition and unauthorised development of heritage-listed properties in Western Australia.

Heritage Minister John Castrilli and Planning Minister John Day have announced increased penalties of up to $1million for illegal demolition and unauthorised development of heritage-listed properties in Western Australia.

Mr Castrilli said amendments to the Heritage Act ensured meaningful protection for the 1,300 properties currently listed in the State Register of Heritage Places.

"Current penalties for illegal works on heritage-listed places are extremely low and offer little deterrence to deliberate destruction," he said.

"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."

Presently, the Heritage Act provides a maximum fine of $5,000 for damaging or despoiling of a place listed on the State Heritage Register.

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

Penalties for persons convicted of this offence are:

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

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

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

Planning Minister John Day also announced amendments to the Planning and Development Act which will result in increased penalties for unauthorised development. 

"Initial penalties will increase from $50,000 to $200,000 and increased daily fines rise from $5,000 to $25,000," he said.

Mr Day said these amendments applied more generally to unauthorised development to any property, including heritage-valued properties listed on municipal inventories protected by local governments.

"The State Government is making it clear it values the retention and conservation of our heritage buildings," he said.

Heritage Minister's office - 9213 6800

Planning Minister's office - 9213 6600