Perth,
Western Australia
(Old Edition)
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Claremont wreck led to $1 million fines
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He said it was the only good thing to have come out of the "horrendous demolition of a landmark building" – 5 Victoria Avenue, Claremont. Home owners who illegally demolish heritage-listed buildings will soon face fines of up to $1 million, with additional daily penalties of up to $50,000 for continuing offences. And their land will be frozen. They will be prohibited from developing their block for up to 10 years if they illegally demolish a house on the State Register of Heritage Places, or up to five years if they illegally demolish a house listed in local government town planning schemes. Heritage Minister Michelle Roberts this week announced that the government would soon be replacing the current penalties, which she described as "woefully inadequate", with a raft of much tougher penalties aimed at deterring the illegal demolition of heritage-listed places. "The legislation will provide real teeth, to protect our built heritage," she said. Penalties for places in the State Register of Heritage Places will be provided under the Heritage of Western Australia Act 1990. The increased penalties are: • A monetary penalty up to $1 million and a daily penalty for continuing offences of $50,000; • A development moratorium of up to 10 years; and • Repair work (whereby the offender is obliged to make good the unauthorised works). Mr Kyron said the Town of Claremont was very pleased that the proposed new penalties would be significant enough to potentially deter people from repeating the illegal demolition in August last year of a 100-year-old home owned by Dr Deryck Foulner and his wife Carolyn. Mr Kyron said the current penalties, soon to be replaced by the tougher ones announced this week, had no teeth, with the maximum fine of $50,000 representing a mere fraction of current land prices. "If you have a $2 million or $10 million property, $50,000 for demolishing a heritage-listed house is nothing," he said. He and mayor Peter Olson said Claremont had "driven hard" for increased penalties, writing to all state ministers and local councils. "We received a tremendous response," Mr Olson said. "The town was stunned by the clandestine overnight demolition of the significant house at 5 Victoria Avenue last year," he said. "It's very unfortunate that we had to lose a house of such social and cultural value in order to get this change. "This does not happen by accident. You just don't have a house there one minute and rubble the next." Mr Olson said the council would not let the issue rest. "We will leave no stone unturned to get those responsible for the illegal demolition to court," he said. While the new penalties cannot be applied retrospectively to the owners of 5 Victoria Avenue, it will apply to all future illegal demolitions – an outcome that Mr Olson said delighted the council. Planning and Infrastructure Minister Alannah MacTiernan said the need for tougher penalties became apparent last August when the home at 5 Victoria Avenue, Claremont, was illegally demolished overnight. "The demolition of the magnificent 100-year-old home at 5 Victoria Avenue, Claremont, despite its protected status under the local planning scheme, outraged many," Ms MacTiernan said. "Clearly, we need to provide a greater deterrent, so property owners will think twice before illegally knocking down a heritage-listed place." The new system of penalties will be two-tiered, recognising the different levels of significance attached to the state register and the local scheme registers. Penalties for places listed in local government town planning schemes will be 50% of the penalties that apply to places listed in the state register. These penalties will apply under the Planning and Development Act 2005. Drafting of amendments to both Acts will begin# soon. The Heritage Council of WA welcomed the move and urged that the changes to penalties be given high priority for progression through parliament so as to come into effect as soon as possible. But a spokesperson for Heritage Minister Michelle Roberts said there was no definite date for the legislation to be introduced to parliament, and could not even say whether it would happen in the next sitting . Heritage Council chairman Gerry Gauntlett said the changes were great news for all Western Australians. "Often we don't fully appreciate what we have until it's gone," he said. "When a heritage place is illegally demolished or damaged, the community asks: why didn't we do more?" Mr Gauntlett said the existing penalties amounted to "barely a slap on the wrist" and did nothing to act as a deterrent. |
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