WA. Detecting heritage listed sites.

Joined
May 4, 2022
Messages
147
Reaction score
311
Location
Perth WA
I've read that detecting of heritage listed site and national parks is not allowed.

I'm trying to understand this better so as to avoid hassles with rangers etc.

Googling only gives me metal detecting articles stating the above restrictions. I cannot find any definitive information on any government pages.

I downloaded the 2018 Heritage Act and cannot find any mention of metal detectors, detecting, fossicking or prospecting mentioned. To confuse things further it seems there's a few levels of heritage listing.

Has anyone ever gone down the path of finding the source of the heritage site exclusion?

Cheers.
 

mbasko

Matt
Moderating Team
Joined
Jan 27, 2015
Messages
6,450
Reaction score
10,109
Location
Central West NSW

CONSERVATION AND LAND MANAGEMENT REGULATIONS 2002 - REG 35A​


35A . Quarrying, removing or disturbing soil etc.

(1) A person must not, without lawful authority, disturb or remove leaf mould, rotting vegetation, humus, soil, stone or gravel on or in CALM land.

Penalty: a fine of $2 000.

(2) In this regulation —

soil includes sand, shale, clay and evaporites.

HERITAGE ACT 2018 - SECT 129
129 . Damaging registered place (1) Subject to subsection (4), a person must not in, or in relation to, a registered place — (a) alter the fabric of the place or any part of, or thing in, the place so that the cultural heritage significance of the place is detrimentally affected; or (b) authorise, cause or permit another person to do anything mentioned in paragraph (a). Penalty for this subsection: a fine of $1 000 000. Daily penalty for this subsection: a fine of $50 000. (2) Subject to subsection (4), a person must not in, or in relation to, a registered place — (a) demolish, damage or despoil the place or any part of, or thing in, the place; or (b) authorise, cause or permit another person to do anything mentioned in paragraph (a). Penalty for this subsection: a fine of $1 000 000. Daily penalty for this subsection: a fine of $50 000. (3) Subject to subsection (4), a person must not in, or in relation to, a registered place — (a) remove any thing from that place so that the cultural heritage significance of that place is detrimentally affected; or (b) authorise, cause or permit another person to do anything mentioned in paragraph (a). Penalty for this subsection: a fine of $1 000 000. Daily penalty for this subsection: a fine of $50 000. (4) Subsections (1), (2) and (3) do not apply to a person in respect of work that is authorised by — (a) a decision made in accordance with Part 5 Division 2; or (b) a works permit granted under section 79.
 
Joined
May 4, 2022
Messages
147
Reaction score
311
Location
Perth WA
Joined
May 4, 2022
Messages
147
Reaction score
311
Location
Perth WA
Just in case someone as green as me needs the information;

The PlanWA map will show heritage sites on a map when the 'heritage' theme is selected. I must not be driving it correctly - sometimes its confusing as to if an area is actually heritage listed or not.




The inHerit site allows searching by name / address or by the heritage number which you can get from the PlanWA maps.


Both sites are a bit slow and clunky to load and navigate.



Quite a few areas are labelled "Local Heritage Survey" which from what I can gather is not a statutory listing. It's just a means of recording that it may be a place historic interest. Is this correct?

"
 

grubstake

Moderating Team
Joined
Oct 20, 2014
Messages
3,689
Reaction score
5,265
Location
Perth, WA
Quite a few areas are labelled "Local Heritage Survey" which from what I can gather is not a statutory listing. It's just a means of recording that it may be a place historic interest. Is this correct?
My understanding is that these designations are used by WA Councils/Shires to cover areas that include sites of historic interest for which there's no existing provision of funding or other specific protection. If you looked at the title deeds for the land in question, you'd likely find that the Council/Shire has a caveat registered on the title to the effect that no development of the land will be approved until a satisfactory detailed heritage protection plan has been submitted by the landowner.

So if you bought the land and then wanted to build on it, you'd have to bear the cost of satisfying any requirements of the Council/Shire to excise specific historic parts, or to not demolish specific old structures, etc., before a building permit would be issued.

NB: I'm not a lawyer, so please don't take this as gospel.
 
Joined
May 4, 2022
Messages
147
Reaction score
311
Location
Perth WA
My understanding is that these designations are used by WA Councils/Shires to cover areas that include sites of historic interest for which there's no existing provision of funding or other specific protection. If you looked at the title deeds for the land in question, you'd likely find that the Council/Shire has a caveat registered on the title to the effect that no development of the land will be approved until a satisfactory detailed heritage protection plan has been submitted by the landowner.

So if you bought the land and then wanted to build on it, you'd have to bear the cost of satisfying any requirements of the Council/Shire to excise specific historic parts, or to not demolish specific old structures, etc., before a building permit would be issued.

NB: I'm not a lawyer, so please don't take this as gospel.
That makes sense - explains why some 'heritage' properties mysteriously burn down when they have development problems.

From what I can work out the heritage listing types that affect detecting are;

Heritage Listing Types.JPG
 
Joined
Jul 15, 2015
Messages
318
Reaction score
626
G'day Hilux...National parks are no go areas....simple. Registered sites are not 'no go areas" but I personally think if your operating out in these areas then its only right to have an understanding of where you are in relation to heritage sites (I am very much on the side of protecting aborigional heritage). and keep away from them...not because you have to but because it's a healthy sign of respect. Don't forget that here in WA there are a gazillion miles of ground to prospect on that do not have any sites registered. I did a youtube vid some time back about how to look up the location of these sites in areas you intend to prospect:



Any other questions you have just yell out and I will try and help.

cheers

Tony
 

Latest posts

Top