Development approvals for State and Local heritage places

Queensland Heritage Places

The Department of Environment and Science is responsible for maintaining the Queensland Heritage Register under the Queensland Heritage Act 1992 (the Heritage Act). As of 2020, there are 36 State heritage places throughout the Mackay region. Any development proposed on a State Heritage Place is required to obtain a development approval from the State Assessment Referral Agency (SARA) part of the Department of State Development, Infrastructure, Local Government and Planning. This is to ensure that future development does not impact upon the heritage value over the State heritage place and that the Place is preserved in their original form. Minor works, maintenances or minor detrimental works may occur (without a development approval) under the listed items of the General Exemption Certificate for State heritage places or through an Exemption Certificate issued under the Heritage Act.

For more information relating to State heritage places listed on the Queensland State Heritage Register or different types of approvals required for different types of work, please visit the Department of Environment and Science’s website.

Council's MiMAPS Online Mapping provides interactive and up to date heritage listings for State heritage places within the Mackay Region Planning Scheme area. State heritage places and Areas adjoining to State heritage places are mapped for informational purposes only. The Mackay Region Planning Scheme does not regulate State Heritage Places.

Local Heritage Places and Neighbourhood Character Areas under the Mackay Region Planning Scheme

The Mackay Region Planning Scheme regulates heritage places using the Heritage and Neighbourhood Character Overlay. The heritage and neighbourhood character overlay code provides requirements for sites that are mapped as local heritage places, areas adjoining a local heritage place, or neighbourhood character areas on the Heritage and neighbourhood character overlay maps. The User Guide – Heritage and Neighbourhood Requirements provides more information about heritage requirements under the Planning Scheme.

Local Heritage Places

The Mackay Region Planning Scheme 2017 (Planning Scheme) identifies and maps Local heritage places throughout the Mackay region and provides a framework to regulate development. The Heritage and neighbourhood character overlay code is purposed with maintaining the heritage value of sites containing a Local heritage place and outlines requirements for future development to preserve heritage values.

Local heritage places – Statements of Significance

Statements of Significance has been prepared for most Local heritage places. The Statements of Significance outline the description, history and details of the Local heritage place and its historical value. The Statements of Significance include criterion that demonstrate which elements are present with a Local heritage place. The criterion used for each Statements of Significance is based on the Department of Environment and Science’s Statement of cultural heritage significance and adjusted to a Local Government context.

Where a Statement of Significance has been prepared for the relevant Local heritage place, it should be considered and help to inform how to avoid or minimise impacts on heritage elements and how to preserve or enhance the historical value of a Place.

Council's MiMAPS Online Mapping also provides interactive and up to date heritage listings for Local heritage places within the Mackay Region Planning Scheme area.

Neighbourhood Character Areas

The Planning Scheme have identified areas in the region with distinctive building character which contributes to an attractive streetscape. The Neighbourhood character areas occupy three main localities in the Mackay region which include: West Mackay, Mackay City (south of Shakespeare Street) and East Mackay. The Neighbourhood character areas are regulated through the Heritage and neighbourhood character overlay code which requires new development to be sympathetic to the existing traditional building character in the area.

Council's MiMAPS Online Mapping provides interactive mapping to show where the Neighbourhood character areas are located. Council has published a User Guide – Heritage and Neighbourhood Requirements to guide information and requirements in the Planning Scheme.

Any questions relating to Local heritage places or neighbourhood character areas are to be addressed to Development Services via email development.services@mackay.qld.gov.au

Exemptions for Local heritage places

There are two forms of Exemption Certificate that may apply to development on a Local heritage place under the Planning Scheme. General Exemption Certificates apply without the need for an application, while Exemption Certificates require an application and must be issued to the individual. Read more below.

General Exemption Certificate – Local heritage places

The General Exemption Certificate – Local heritage place provides upfront approval for certain building works such as those that support ongoing maintenance and activities necessary to keep heritage places in the Mackay Region Planning Scheme 2017 in active use, good repair and optimal operational condition.

Strict limitations and conditions apply to the type and scope of work approved and to how it is carried out. Only development specified in a General Exemption Certificate – Local heritage places and carried out in accordance with the conditions of the certificate is permitted.

No application is required for work carried out in accordance with the General Exemption Certificate – Local heritage places. Please note that the General Exemption Certificate – Local heritage places does not exempt any other type of development that may be triggered by the Planning Scheme, Planning Regulation 2017 or the Building Act 1975.

Exemption Certificate – Local heritage places

Applicants may apply for an Exemption Certificate – Local heritage place if their proposal will have no more than a minor detrimental impact on the significance of the heritage place. If an Exemption Certificate – Local heritage place is issued, it gives approval for the development to occur.

The application must use the heritage exemption certificate application form and be accompanied by the supporting information listed on the form, including a scaled site plan and recent photographs of the place. Technical reports or other information may also be required to allow Council to assess whether the proposed development would have no more than a minor detrimental impact upon the heritage place. An application fee applies for a request for an Exemption Certificate and can be found under Council’s Schedule of Fees and Charges.

Proposed development that may be suitable for an Exemption Certificate – Local heritage places if it:

only involves minor changes to significant features
works that have been previously modified and are not significant as reconstructions
retains or restores the appearance of a significant building or garden
involves the disturbance of known or potential archaeological artefacts in accordance with a management approach agreed to by Council
requires only building work that is shown to have little impact on the values of the place or involves removal of features that are intrusive
retains the existing use of the place or restores a previous significant use; and
is for conservation works such as maintenance and repairs using traditional materials and techniques, such as re-roofing.

What an Exemption Certificate – Local heritage places does not cover

If the proposal will have more than a minor detrimental impact on heritage significance, an application for a development approval is required to be made under the Planning Scheme.

Examples of the types of development that an Exemption Certificate – Local heritage place does not cover include:

changes to significant features that alter their appearance
altering historic or original features
changes to the appearance of a significant building or garden
extensive building work and repairs; and
changing the existing use of the place that will require extensive physical change to its fabric.

Council recommends that applicants book a Pre-lodgement meeting by contacting Development Services - development.services@mackay.qld.gov.au or call 1300 MACKAY (1300 522 629) and ask to speak to an Officer in the Development Planning and Engineering Program.