Victorian Heritage Act (State Government)

The Heritage Act 1995 protects a broad range of significant heritage places including historic and archaeological sites, precincts, gardens, cemeteries: shipwrecks and objects, buildings and structures which are entered on the Victorian Heritage Register.

The Act also deals with non-Aboriginal archaeological sites, previously covered under the Archaeological and Aboriginal Relics Preservation Act.

Permits required under the Act for alterations to listed places are dealt with by the Executive Director.

Assessment Criteria For The Victorian Heritage Register

State-wide cultural significance is judged using the following assessment criteria (as of 6 March 1997).

• historical importance;
• rarity or uniqueness;
• educational or research potential;
• representation of a class or type;
• good design or aesthetic characteristics;
• richness, diversity or unusual integration of features;
• scientific or technical innovation or achievement;
• social or cultural associations.

Permits to Undertake Works

Permits for works that alter the physical appearance of a registered place (including interiors of buildings) are required unless a permit exemption has been granted. If the land surrounding a registered building is also registered, alterations such as adding or changing a structure or laying hard paving, will require a permit. However permits for planting, removal or pruning of trees and plants,, or general garden works are not required unless particular trees or gardens have been specifically identified on the Victorian Heritage Register as being of cultural heritage significance.

Permit Exemptions

Exemptions from permit applications can applied for at the time of registration or a permit application. Exemptions may be granted for works in areas of minor cultural heritage significance.

Cost for Permit Applications

Permit fees for conservation works such as repair, restoration and reconstruction or works needed to make a place safe may be waived on the discretion of the Victorian Heritage Council. Pensioners or others eligible under the State Concessions Act who carry out works to their own home are also exempt from fees. It is recommended that applicants employ a recognised heritage consultant to plan the works and prepare their application.

Appeal On Decisions By The Executive Director

Decisions by the Executive Director on permit matters or conditions can be the subject of appeal to the Heritage Council.

Interim Protection Orders

Council or Executive Director can also declare Interim Protection Orders over potentially significant sites which are at risk to allow their conservation until an assessment of their value can be made. Permit exceptions may be made for ongoing works to registered sites (painting, repairs) or, in the case of churches, any works relating to 'liturgical purposes'.

Financial Assistance

Financial assistance can be provided for the conservation of significant trees, gardens. archaeological places and objects, and shipwrecks and shipwreck relics as well as buildings.

Owners of registered places are eligible for low interest loans or rates and land tax abatements as determined by the effect of registration on the site's value. If the site is on the register, approved restoration work can attract 20% Commonwealth income tax rebates (see Income Tax Rebates for heritage conservation).

The HCV also offers free architectural advice for registered building owners and a guide to sources of other specialist help. The Heritage Council of Victoria may be contacted at 22nd Floor, 80 Collins Street, (GPO Box 2240T) Melbourne, telephone (03) 9655 6519.

Existing Victorian Heritage Register Sites In Frankston City

• Ballam Park, Frankston.
• Henty House, Frankston.
• Mulberry Hill, Langwarrin.
• Stokesay, Seaford.

Proposed Additions To The Victorian Heritage Register

Cruden Farm, 60 Cranbourne Frankston Road, Langwarrin.

Recommendations

• The City, with the aid of this report, should seek addition of the above place to the Victorian Heritage Register, being a site of State or National significance;
• The City should seek the addition of unregistered places proposed for the
  Victorian Heritage Register in the City of Frankston Heritage Study 1995;
• Before seeking Victorian Heritage 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.
• If any of these places are threatened by development prior to assessment for the Victorian Heritage Register, the City should seek the advice of the Victorian Heritage Council