Australian Heritage Commission (AHC) and the Register of the National Estate (Federal Government)

Listing on the Register of the National Estate means that a place has been recognised as part of Australia's natural and/or cultural heritage, and that it merits conservation. Listing helps people to appreciate why such a place is a significant part of Australia's heritage. Through the Register of the National Estate, planners and decision makers, at all levels of government and in the private sector, are able to obtain information about heritage places throughout Australia. This can give listed places a better chance of being conserved.

What Does Listing Mean?

(The following is derived from the AHC World Wide Web site on the Internet).
Entry in the Register means that a place has been assessed to have heritage value, having met various criteria of national estate significance.

Registration

gives planners and decision-makers at all levels of government and in the private sector, objective information about the national estate values of places, so that this can be considered when decisions are being made;
obliges the Commonwealth Government to avoid damaging national estate places (unless there are no 'feasible and prudent alternatives') and to consult with the Commission before taking any action which could harm or affect a registered place;
provides researchers and scientists with information about Australia's National Estate;
makes owners of heritage properties eligible for 20% tax rebates for conservation work expenditure on their properties;
makes places eligible for grants for identification, conservation or promotion, under the National Estate Grants program; and
alerts all Australians to the presence of national estate places and their natural and cultural heritage values.

How Are Places Entered In The Register?

A national estate place can be a site, area or region, a building or other structure and its contents, but generally not movable items like working trams or ships, or artefacts and books.

Many areas proposed for Register entry are identified by regional and thematic surveys, or in consultation with state governments. However, anyone can nominate a place for entry in the Register. Nominations are made on a standard form available from the Commission. In some cases, nominated places dealt with by the Commission do not have enough national estate significance or heritage value to justify registration.

Assessment

Places proposed for entry in the Register are assessed against detailed technical criteria outlining national estate values. Assessments are made solely on the basis of national estate value. Attributes, such as economic values, are not relevant to national estate significance, and are not considered in the assessment process.

The eight national estate criteria include significant evolutionary, historic, rarity, representative, research, aesthetic, technical, creative or social values. Full details on criteria are available from the Commission, together with a Background Note on the subject.

Assessments of places may be carried out by referral to an expert panel; referral to government or voluntary expert bodies; or by a review of existing information by Commission technical staff, possibly with assistance from independent experts. Once assessment is complete, the Commission's technical staff makes a recommendation to Commissioners who decide on Register entries during formal meetings which take place four to six times a year.

Listing Process

Entries approved for listing are advertised in the Commonwealth of Australia Gazette and in public notices in the press. The Commission also tells the owner and local government of its intention to register places. The place is then entered on an Interim List. Any person can object to, or comment on, the interim listing of a place in the Register. Usually, objections must be made within three months of the publication of the notice.

Objections can be submitted on any grounds. However, when assessing objections the Commission, through its Act, must give prime consideration to the national estate significance of a place. An independent expert or panel may be appointed by the Minister to reassess the place. Objectors are given the opportunity to comment on the assessor's report. The final decision on national estate significance is made by the Commission and final approval for entry in the Register is decided during the Commission's formal meetings.

Effects of Listing

Listing is not a land management decision and the Commission does not own or manage registered places. Entry in the Register does not give the Commonwealth any rights to acquire, manage or enter places which are private property.

Places listed in the register are not 'locked up'. There is no legal obligation on the part of owners of listed places to alter the way in which a property is managed or disposed of. Nor does it mean that owners are required to give the public access to listed places.

Commonwealth Obligations

When a place is entered in the Interim List of the Register, and on the Register itself, it has some protection under Section 30 of the Australian Heritage Commission Act. The Commonwealth Government is the only body whose actions are directly constrained as a result of entering a place on the Register.

Commonwealth ministers, departments and authorities are required not to take any action which would adversely affect a place on the Register or Interim List, unless there is no feasible and prudent alternative. If there is no such alternative, then all reasonable measures must be taken to minimise any damaging effects.

Public Access To The Register

Any member of the public can gain access to information from the Register of the National Estate Database. Information about a particular place is usually obtained by making a formal request in writing to the Commission.

Inquirers can obtain information on: the name and location of a place, a statement of significance which outlines the reasons why the place is considered to have national estate values, a bibliography, and a description of the place and its condition at the time of entry on the Register. The Register of the National Estate is also available on the Internet (http://www.erin.gov.au/portfolio/ahc/rned /rne_search.html).

Further Information

For further information about the work of the Australian Heritage Commission or the Register of the National Estate contact:
Public Affairs Section, Australian Heritage Commission, GPO Box 1567, Canberra ACT 2601, Ph: (06) 217 2111, Fax: (06) 217 2095, email: cwells©ahc.gov.au

Income Tax Rebates For Heritage Conservation

In 1994 the Federal government introduced tax incentives for the owners or Crown lessees of places listed on a State or Federal heritage register (Register of the National Estate or Victorian Heritage Register). This 20% rebate is only for approved conservation works worth more than $5000 and able to be completed in 2 years. A certificate of approval or further information can be gained from the Minister of Communications and the Arts via the Australian Cultural Development Office, GPO Box 2154, Canberra, ACT, 2601. The toll free number is 1 800 064 048.

Frankston City Sites On The Register Of The National Estate (RNE ) Or Listed By The Australian Heritage Commission

Registered or sites listed as an Indicative Place (IP) by the Australian Heritage Commission in Frankston City are:

Ballam Park Homestead, Cranbourne Rd, Frankston, VIC
Bathing Boxes, Frankston, VIC (IP)
Gumnuts, 619 Nepean Hwy., Frankston, VIC
The McClelland Studio, 2 Palm Ct., Frankston, VIC (IP)
Westerfield, 86-96 Robinsons Road, Frankston, VIC (IP)
Church's House, 51A McClelland Dr., Langwarrin, VIC (IP)
Cruden Farm Garden, Frankston-Cranbourne Rd., Langwarrin, VIC (garden only)
Langwarrin Military Reserve (Former), McClelland Dr., Langwarrin, VIC (natural values only)
Mulberry Hill, Baxter

Frankston City is not well represented on the Register of the National Estate although many eligible places were recommended for inclusion by the City of Frankston Heritage Study when it was submitted to Council in 1992 (adopted by 1993).

Places proposed for the Register of the National Estate from the eastern part of the City identified in this study (1997) are:

Cruden Farm built elements, Cranbourne Frankston Road, Langwarrin, 1928c, 1932c
Mossbank Park, Cranbourne Frankston Road, Langwarrin, 1944c-
Lloyd's House, Cranhaven Road, Langwarrin, 1920s
Rahilly trees and stables, former outbuildings, Frankston Dandenong Road, Carrum Downs, 1868c-
GK Tucker Brotherhood of St Laurence Settlement, Frankston Dandenong Road, Carrum Downs, 1930c-
Carrum Downs Memorial Hall, Frankston Dandenong Road, Carrum Downs, 1926
Woodleigh Anglican School, Golf Links Road, Baxter, 1976c-
Langwarrin Flora & Fauna Reserve, McClelland Drive, Langwarrin, 1880s- (cultural elements: fountain, reservoirs)
McClelland Gallery, McClelland Drive, Langwarrin, 1971
Blairlogie Training Centre, Newton Avenue, Baxter, 1926c
Bungalow and Canary Island date palm, North Road, Langwarrin, 1923c
Bunya bunyas (2), North Road, Langwarrin, 1890s?

Recommendations

The City, with the aid of this report, should seek addition of the places listed above to the National Estate Register, being sites identified as of State or Regional significance.
The City, with the aid of the 1992 heritage report seek registration for the places proposed for Register of the National Estate for the former City of Frankston;
Before seeking RNE registration, the City should inform each site owner of the City's intention and ensure that they are properly informed about the likely consequences, both negative and positive.

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