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Aboriginal Cultural Heritage (ACH)
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Aboriginal cultural heritage consists of places, traditions, beliefs, customs, values and objects that represent the living history of past Aboriginal generations and are of important cultural and heritage significance to Aboriginal people. Aboriginal cultural knowledge provides crucial links between the past and present and represents an essential part of the identities of Aboriginal people and all Australians.
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Aboriginal object
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Any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
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Aboriginal Place
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Any place declared to be an Aboriginal Place under section 84 of the National Parks and Wildlife Act 1974. These are places that, in the opinion of the Minister, are or were of special significance to Aboriginal culture. The guidelines Declared Aboriginal Places sets out the process for assessing and declaring Aboriginal Places.
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Aboriginal Place Management Plan
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An Aboriginal Place Management Plan is a document that identifies the significance and cultural values of an Aboriginal Place and explains how the place should be managed to maintain, conserve and protect those values. The guidelines Declared Aboriginal Places requires guidance on assessment and management planning to be provided. If an Aboriginal Place is already subject to an appropriate formal management arrangement, such as a plan of management prepared under the Local Government Act 1993, there is usually no need to develop a separate management plan.
However, these existing plans should be updated when the Aboriginal Place is gazetted, or within 12 months of gazettal, to account for all relevant information and community input, and to ensure best practice is being undertaken consistent with these guidelines.
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Accretion
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The process of growth or increase, typically by the gradual accumulation of additional layers or matter.
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Archaeological Management Plan (AMP)
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A document that identifies the potential for archaeological heritage in a specific location and provides management strategies and recommendations on how to manage that archaeology. In an AMP, identified sites are divided
into different areas or zones, which are explained in text and displayed in map format. See also archaeological zoning plan.
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Archaeological potential
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The ability of an area to yield relics and/or other evidence, based on historic development, landform, history etc. as well as the degree of physical evidence present on an archaeological site. Put simply, it is the likelihood that archaeological remains survive within a site. This is usually assessed based on physical evaluation of soil condition and integrity as well as historical/background research. Common terms for describing archaeological potential are:
Known archaeological features/sites (high archaeological potential)
Potential archaeological features/sites (medium archaeological potential)
No archaeological features/sites (low archaeological potential).
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Archaeological Zoning Plan (AZP)
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A graphic plan of a place indicating the relative archaeological potential of areas or zones within the place. An AZP is prepared by undertaking broad- scale, archaeological assessment over a large area. The plan may be incorporated into the provisions of an environmental planning instrument. See also archaeological management plan.
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Burial sites
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Burial Sites includes the following places:
Crown land, or part of Crown land, that is dedicated or reserved under the Crown Land Management Act 2016 for use for the purposes of a public cemetery or crematorium (or both),
a private cemetery or other place approved for that purpose by a local government authority,
land reserved (otherwise than as a historic site) under the National Parks and Wildlife Act 1974 or acquired under Part 11 of that Act, where the location has been approved for that purpose by:
a person or body (including a local council, trust board or board of management within the meaning of that Act) in which the care, control and management of the land is vested, or
if no such person or body has been vested with the care, control and management of the land—the Director-General of the Department of Premier and Cabinet.
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Cemeteries
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A building or place used primarily for the interment and memorialisation of human remains (whether or not it contains an associated building for conducting memorial services) but does not include the following:
an Aboriginal Place, or land reserved as a historic site, within the meaning of the National Parks and Wildlife Act 1974,
a place at which cremated remains are scattered but which is not otherwise used for the disposal of human remains,
a place on private land, where the area of the landholding is 5 hectares
or more and the location has been approved by a local government authority for the purposes of placing a body in a grave or vault,
any other place, or place of a class, prescribed by the regulations.
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Chemical incompatibility
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Incompatible chemicals give an undesired chemical reaction when mixed. This usually refers to substances that will react to cause an imminent threat to health and safety through an explosion, fire, and/or formation of toxic materials but can also include substances that will react to cause degradation to heritage fabric. For example: it is not suitable to use metals that are likely to rust in or around marine environments. Painting masonry heritage buildings with modern plastic paint can prevent the stone from breathing and cause damp and degradation issues.
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Compliance and audit
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It is an offence to do any of the things listed in section 57(1) of the Heritage Act 1977 without a valid exemption or approval.
Authorised persons under the Heritage Act 1977 will carry out audits and inspections for compliance. A person guilty of an offence against the Heritage Act 1977 shall be liable to a penalty or imprisonment, or both under Section 157 of the Heritage Act 1977.
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Conservation Management Plan (CMP)
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A document establishing the significance of a heritage item, place or conservation area and identifies policies and management mechanisms that are appropriate to retain that significance. It can include information about the item/place/area’s condition and guidelines for maintenance or changes to the heritage item, place or area.
Archaeological Management Plans, Aboriginal Place Management Plans and Heritage Collections Plans are types of conservation management planning documents for specific types of heritage.
Conservation management documents of any kind are prepared by suitably qualified heritage professionals with relevant experience.
Heritage NSW and the Heritage Council of NSW strongly encourage all owners of items/places listed on the NSW State Heritage Register to have a conservation management document or plan.
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Crown Land
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Land that is owned and managed by the NSW Government. The NSW government department responsible for Crown Land supports a wide range of uses for such land. To ensure Crown Land is used correctly, the department issues licences, leases and permits.
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Curtilage
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The area of land (including land covered by water) surrounding a heritage item that contributes to its heritage significance and is essential for retaining and interpreting its heritage significance (Principal Local Environment Plan 2006 and Heritage Curtilages 1996). It can apply to:
· land, which includes built or natural features
· a precinct, which includes buildings, works, relics, planting, landscaping or items and their settings (see Heritage Curtilages 1996, p 3).
Curtilage types include:
· lot boundary curtilage, which reaches to the edge of the property lot
· reduced heritage curtilage, which is less than the lot boundary
· expanded heritage curtilage, which exceeds the lot boundary and protects the setting or visual catchment
· composite heritage curtilage, which applies to heritage conservation areas and defines the boundaries of land required to identify and maintain the heritage significance of a historic precinct, village or district
· non-terrestrial curtilage, such as a water’s edge, which are decided case by case with expert advice.
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Damage from erosion and/or compression
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Erosion and compression can cause damage to heritage significant gardens, landscapes, archaeologically sensitive areas and Aboriginal heritage sites.
Erosion is the process of eroding or being eroded (gradual wearing away) by wind, water, or other natural agents. For example, dune landscapes are commonly eroded by wind and water in storm surges, revealing Aboriginal middens and human remains. Increased infrastructure around these landscapes can exacerbate natural erosion by changing wind patterns and increasing water runoff.
Compression – the action of flattening, compacting or squashing (compressing) by pressure. For example, placement of shipping containers, demountable buildings or carparking on soft soil containing relics. The weight of these structures or vehicles compresses the soil and can damage the relics and their archaeological context. This compression damage reduces or prevents relics and their context (the archaeology) from being understood or interpreted in the future.
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Development Control Plan (DCP)
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A plan prepared by a local council to provide more detailed development controls and guidelines to accompany a Local Environmental Plan (LEP). DCPs are often used for heritage conservation areas.
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Elements
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Elements are parts or characteristics of something. For heritage items/places, elements can contribute to the significance of the heritage item/place, including (but not limited to) architectural features, outbuildings, gardens, plantings, fencing, drives, landscaping, fields and natural features.
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Environmental Planning and Assessment Act 1979
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The Environmental Planning and Assessment Act 1979 is the statutory framework within which State Government and local government guide and control land use and development. It is the act responsible for environmental planning instruments through which local heritage is identified and managed.
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Environmental Planning Instrument
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Environmental Planning Instrument is another term for planning controls made by a council or the NSW State Government under the Environmental Planning and Assessment Act 1979. These can include Local Environmental Plans (LEPs), Regional Environmental Plans (REPs), Development Control Plans (DCPs) and State Environmental Planning Policies (SEPPs). Planning instruments and their controls provide a framework for development and conservation of land. They explain the standards and restrictions for new
development and alterations. Planning instruments and controls may apply to a location (suburb, street or single lot), particular types of development (dwellings, businesses) or a component of the development (providing carparking, control of stormwater).
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Excavation
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The action of excavating (or digging up or digging into) something. Excavation can affect archaeological and non-archaeological heritage items. Excavation is used to investigate archaeological sites and relics. Excavation is also required for repairing, planting and installing a range of things for example services, signage and vegetation.
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Excavation Permit
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A permit issued by the Heritage Council of NSW (or its delegate) under Section 60 or Section 140 of the Heritage Act 1977 (the Act) to undertake activities/works which are likely to or will disturb or excavate a relic. See Section 139 of the Act for all the circumstances in which an excavation permit is required.
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Explosive flammability
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Some materials are highly flammable when exposed to high heat or flame. The flammability of a material is defined according to the flammability index and/or flammable limits. These define the concentration range in which a flammable substance can produce a fire or explosion when an ignition source (such as a spark or open flame) is present.
Any concentration between the upper and lower limits in a material or space can ignite or explode. Materials igniting or exploding represent risk to significant heritage fabric. For example: some recycled plastic boardwalk, park bench and other park equipment can explode when exposed to high heat and/or flames during bushfires. An explosion of this material can send liquid plastic onto nearby surfaces, for example, Aboriginal rock art, permanently damaging this cultural heritage.
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Fabric
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Fabric means all the material of the place/item including its surroundings, physical elements, components, fixtures, contents and objects. Significant fabric is all the fabric which contributes to a place/item’s heritage significance. Significant fabric is not always old; more recent or contemporary fabric may be significant.
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Finish
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The surface appearance of a manufactured material or object, or the material used to produce this. In the heritage context, existing finishes must continue to be used rather than modern alternative protective coatings.
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Fire safety systems and fire safety system elements
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Fire safety system means one or any combination of methods used in a building/structure to; warn people of an emergency; provide for safe evacuation; restrict the spread of fire; and/or extinguish a fire. Fire safety systems can be active and passive. Fire safety methods can be grouped into types of systems - detection systems, alarm and evacuation systems, suppression systems.
Fire safety systems are made up of elements. For example, a hydraulic fire suppression system could include fire hydrants, hoses, sprinklers, water pumps and heat or smoke detectors.
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Fitting and fixture
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There is a range of definitions for fittings and fixtures depending on the context. For heritage purposes it is generally considered that ‘fixtures’ are items that are secured or bolted to the walls or floor and ‘fittings’ are free standing items. A fixture is intended to be reasonable permanent and is affixed through the application of plaster, cement, bolts, screws, nuts or nails. A fitting (or furnishing) is any item that is free standing of hung by screw, nails or hooks.
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Grave markers
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A grave marker is any object used to mark a grave site, such as plaques, signs, rocks, timber crosses and monuments.
New grave markers in heritage contexts should be in keeping with (sympathetic to) and not conflict with, detract from or stand out from the existing character of historic grave markers. In being sympathetic to existing grave markers, new grave markers should not replicate historic grave markers. While grave markers should not stand out from existing markers, they should be distinguishable on close inspection. Present-day interpretation of existing markers in new markers, through sensitive design is preferable.
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Guidelines
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Relevant and useful guidelines are listed in the information on the Heritage NSW website for exemption and approval pathways for activities/works to heritage items.
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Hazardous materials (lead paint, asbestos)
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The removal of paint with a high content of lead or other hazardous coatings and/or materials, for example asbestos, requires considerable care and use of experienced tradespeople as its disturbance can create health hazards.
If those materials are or form part of significant fabric and the removal of such materials will negatively affect the heritage significance of the item, approval from Heritage NSW is required prior to activities/works commencing. Alternatives to decontamination via removal or neutralising of hazardous materials includes encapsulation.
Encapsulation or sealing involves coating the material with a protective coating that is either a bridging (surface) or a penetrative covering. It prevents loose fibres and flakes becoming airborne. Activities/works to encapsulate hazardous materials may be eligible for approval under the fast track approval pathway.
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Heritage Act 1977
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The statutory framework for the identification and conservation of heritage in NSW.
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Heritage Collections Plan
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A Heritage Collections Plan or collection management policy is a type of Conservation Management Plan that documents the origin, significance, components, conservation and management requirements of a heritage collection. Heritage collections can include movable heritage items, artwork, books, furniture, specimens, photographs, etc. Museums, galleries, libraries
and other repositories of heritage objects are recommended to have heritage collections plans.
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Heritage Council of NSW
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The Heritage Council of NSW (Heritage Council) is an independent body established under the NSW Heritage Act 1977. It includes members of the community, the public sector, and the heritage conservation profession. The Heritage Council’s role is to make decisions about the care and protection of heritage places and items that have been identified as being of State significance. The Heritage Council advises the Minister responsible for administering the Heritage Act 1977 on heritage matters in NSW and makes recommendations to the Minister for the listing of places and objects on the State Heritage Register.
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Heritage Regulation 2012
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The Heritage Regulation 2012 prescribes:
· fees for applications for approval, excavation permit applications, application for evidentiary certificates and review of conservation management plans
· forms for certificate of authority
· minimum standards of maintenance and repair for items listed on the State Heritage Register
· inspections
· time period for review of recommendation for listing
· classes of items to be included in heritage and conservation registers.
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Interim heritage order (IHO)
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Under the Heritage Act 1977 the Minister administering the Act or a delegated Local Council may place an interim heritage order (IHO) over a heritage item which may, on further inquiry or investigation, be found to be of State or local heritage significance. An IHO may remain in force for up to 12 months.
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Interpretation
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The ways of presenting the heritage significance of a place/item to the users and the community. The need to interpret heritage significance may drive the design of new elements and the layout or planning of the place/item.
Interpretation may be a combination of the treatment and fabric of the item; the use of the item; the use of interpretive media, such as events, activities, signs and publications, or activities, but is not limited to these.
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Landscape
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Landscapes, including gardens, and their features can be of heritage significance. They are often key to the setting of a heritage item/s, its curtilage and important to the appreciation of a heritage item’s significance. Landscape setting is dynamic and evolving and often requires more regular maintenance than other more-static elements of heritage fabric. Horticultural advice may be required to ensure routine maintenance appropriate to conserving the item’s heritage significance.
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Landscape features
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A heritage item’s landscape features might include its layout, components (for example topographic features and vegetation) and their form, materials and detailing. For a designed landscape, features could include layout and built elements (such as paths, drives, garden beds, pergolas, gates, fences, sheds, sculptures or artworks) and planted elements, such as trees, shrubs, climbers, ground covers or grass. Original layout, form, materials and detailing of built elements or of plantings are likely to be the most significant, which is not to say later layers are not significant too.
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Landscape maintenance
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The continuous protective care of a place, and its setting. For landscapes, maintenance includes caring for the setting and landscape features (built, planted or naturally occurring) of a heritage item. Vegetation and views commonly need active maintenance.
Maintenance is to be distinguished from repair which involves restoration or reconstruction. Both landscape restoration and reconstruction may be recommended in Conservation Management Plan policies. Neither is ‘maintenance’ (ICOMOS Burra Charter 2013).
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Landscape setting
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The immediate and extended environment of a place that is part of or contributes to its cultural significance and distinctive character (ICOMOS Burra Charter 2013).
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Landscape views
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Views are often significant, contributory elements to heritage items and their setting. They can be highly functional, for example, allowing surveillance and warning of approaching dangers. Views can be designed, for example, deliberate views from or to particular features or objects, approach views along drives. Views of significance can be from, to and within a heritage item/place. Views need active maintenance.
Significant views or vistas in a garden or other landscape can eventually be screened by natural growth of old trees and shrubs, or inappropriately placed or chosen new vegetation or built elements. Sometimes vegetation or new built elements need removal, pruning or relocation to maintain (e.g. reinstate) significant views.
To maintain or reinstate significant views and landscape character:
modify old plantings by pruning as necessary but not beyond 20 per cent of their individual canopy crowns, remove and replace non-significant intrusive plantings and built elements with more appropriate plantings reinstate documented historic plantings or other features.
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Library
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The NSW Heritage online library holds a wide range of specialist heritage books and materials accessible to the public. Many are digitised. These include heritage studies of areas, conservation management plans for places and much more.
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Making good
/patching /like- for-like
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‘Making good’ or ‘to make good’ refers to the process of repairing or bringing something up to a finished standard or restoring its previous condition.
Patching can be part of making good. Patching is used to fill in holes, missing pieces or other openings and gaps that have occurred either deliberately or due to decay. When making good or patching, any new materials should match (like-for-like) the former fabric as nearly as possible in appearance, material, colour, finish, form, size, method of affixing, grain, bedding, durability, porosity and chemical composition or be based on historical evidence of the significant fabric of that item.
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Minor /minor development
/minor impact
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‘Minor impact’ or ‘minor adverse impacts’ are terms used to describe a level of possible impact that changes to a heritage item could have on the item’s significance. It does not necessarily correspond to the degree of physical change to a heritage item.
Minor adverse impacts to State heritage significance are minor enough that they are outweighed by other benefits of the activities/works in the
application, for example sympathetic alterations to an original non-compliant balustrade to enable continued public use.
Note: the use of the term ‘minor impact’ in relation to exempt development under the Environmental Planning and Assessment Act 1977 does not apply in heritage contexts.
‘Minor development’ commonly describe activities/works that are small in the context of a property and its neighbours, involve small changes and/or have a low cost. However, in the heritage context, development is only considered minor if it will only result in minor adverse impacts or little to no impact. The definition of minor applied in the Environmental Planning and Assessment Act 1977 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not necessarily apply to heritage. What is considered minor development in planning terms can have a major impact on heritage significance.
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Moveable heritage
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Heritage items or objects which are not fixed to a site or place (for example, furniture, locomotives and archives). It can include natural or manufactured objects or collections of heritage significance.
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Percussion
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The striking of one solid object with or against another with some degree of force. Percussion against a heritage item or fabric causes damage and deterioration of the fabric. For example – repetitive hitting of branches against significant sandstone walls or high traffic pedestrian activity (particularly with high heels) on significant surfaces such as timber floors or cobblestones areas can permanently damage these surfaces.
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Proponent
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The person or organisation who proposes building or development activities/works at a site or to a heritage item. The proponent is usually the landholder/owner or manager of the site or item.
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Relic
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A relic is any deposit, artefact, object or material evidence that:
relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and is of State or local heritage significance.
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Repair
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Repair can involve restoration or reconstruction.
Restoration – returning the fabric of a place to a known earlier state by
removing accretions or by reassembling existing components, without introducing new material. For example, fixing loose roof gutters on a building.
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Reconstruction
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Like restoration, it involves returning the fabric of a place to a known earlier state and includes the introduction of new material. For example, replacing decayed/destroyed roof gutters on a building with new roof gutters.
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Replacement
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The action or process of replacing fabric. In the heritage context, fabric that is deteriorated beyond repair is replaced when necessary to support the item’s continuing conservation.
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Restoration
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Returning the fabric of a place to a known earlier state by removing accretions or by reassembling existing components, without introducing new material. For example, fixing loose roof gutters on a building.
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Reversible
/reversibility
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Reversibility or the requirement to be reversible refers to the ability of any new fabric installation or item adaptation to be removed in the future without damage to the heritage item’s significance, and, without damage to significant fabric.
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Significance
/heritage significance
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‘Heritage significance’ or ‘significance’ and ‘significant fabric’ are terms used in the assessment and understanding of heritage items.
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Significant fabric
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Significant fabric is all the material of the place/item including its surroundings, physical elements, components, fixtures, contents and objects which contributes to an item’s heritage significance. Significant fabric is not always old; more recent or contemporary fabric may be significant.
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State Heritage Register
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The State Heritage Register (SHR) is a list of places and items of importance to the people of New South Wales. The SHR was created in April 1999 by the Heritage Amendment Act 1998. Only places of state heritage significance are listed on the SHR. The SHR protects these items and their significance.
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Statement of Heritage Impact, Heritage Impact Statement/Heritage Impact Assessment
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An assessment of the impact of proposed activities/works on a heritage item place that outlines why it is significant, what impact proposed activities/works will have on that significance, what alternatives have been considered, what measures are proposed to mitigate or avoid negative impacts and why other more sympathetic solutions are not viable.
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Statement of significance
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A concise statement of the values of a heritage item/place summarising why it is of importance. The statement will form the basis for policies and management structures that will affect the item’s future.
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Stop work
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If you find relics/unexpected finds or your activities/works is having an unexpected effect/change/impact on significant fabric you should stop the activities/works and seek advice from a suitably qualified and experienced professional and/or Heritage NSW.
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Subdivision
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The legal mechanism for changing the boundaries, sizes and ownership of parcels of land. A subdivision boundary differs to a heritage curtilage in that it is a legally surveyed parcel of land, of itself not dependent on the heritage curtilages of SHR listed places.
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Substrate
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Substrate is an underlying substance or layer. It is any material to which a paint, coating (for example metal plating) or other covering is applied. For example:
Brick, timber or earlier paint layers can be substrates for new paint work.
Stainless steel or silver plating applied to a copper substrate.
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Surface deposits
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Soiling on masonry such as organic growths, light or heavy industrial grime, deteriorated paintwork, graffiti, rust and copper stains, tar, pitch and chewing gum, efflorescence and weathered stone.
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Surface patina
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The processes or evidence of surface use and aging. For example:
colour and/or lustre changes and wear on the surface of bronze, copper and other metals produced by oxidation and touch over a long time
discolouration and/or wear on stone surfaces from organic growths (e.g. algae and lichen) and touch or rubbing over a long time
discolouration, fading and wear on a quilt from everyday use.
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Sympathetic
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Activities/works/new fabric that is compatible with the setting, character and context of a heritage place/item.
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Tree surgery
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The pruning and/or treating of old or damaged trees in order to preserve them.
Specific types of pruning may be necessary to maintain vegetation in healthy, safe and attractive condition:
Cleaning – removal of dead, dying, diseased, weekly attached and low- vigour parts
Thinning – selective branch or vegetation removal to improve structure and increase light penetration and air movement through the crown or access to soil nutrients.
Raising – removal of the lower branches from a tree or shrub to provide clearance for buildings, vehicles, pedestrians and allow clear sightlines or views.
Reduction – reduces the size of a tree.
Pruning should not entirely remove the vegetation or involve decrease of the vegetation beyond 20% of their individual canopy crowns. Horticulturalist, arborists and tree surgeons can provide guidance. Treatment can include activities/works to prevent further decay such as filling of cavities and/or strengthening branches with braces.
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Utility services, utilities, services
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A supply of gas, electricity, water or telecommunications to a structure. Utilities/services can include electricity cables; telecommunications cables; gas pipes and mains; water, stormwater and sewerage pipes and mains. These can be above ground or underground.
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Vibration
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A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed. Vibration can cause damage to heritage items, places and fabric. For example: Rock concerts with loud amps, compactors or pumps being used near heritage fabric can have negative effects such as destabilising or destroying fragile mortars, glass panes etc. Highway and bridge upgrades with approaches near heritage items can also cause similar damage through vibration destabilising the heritage fabric. Demolition and construction using jack hammers can impact Aboriginal rock art platforms.
Where there is a risk of activities/works or new equipment vibrating near a heritage item, a vibration study and monitoring must be undertaken. Such a study should identify the level of risk and appropriate mitigation strategies or alternative options to conserve the heritage item’s current pre-work condition.
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Work/s
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The Heritage Act 1977 Part 4 Section 5 provides an explanation of references to the term ‘work’ in the NSW heritage context. When the term work is used in exemptions and fast track schedules, it refers to carrying out ‘work’ or physical actions and includes the activity, materials and method.
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