Australian Government agency delays in complying with legislative requirements for heritage strategies are largely the result of inadequate advice to agencies by the Department of Environment, Water, Heritage and the Arts (DEWHA), according to acting Commonwealth Ombudsman Mr Ron Brent.

As at November 2007, only 11 Australian Government agencies had complied with legislation requiring the preparation of heritage strategies for properties under Commonwealth ownership or control, despite the 1 January 2006 deadline.

Releasing the Commonwealth Ombudsman’s investigation report into the delays, Mr Brent said today that the information provided by DEWHA was inadequate for several reasons.

‘It would appear that only a small number of Australian Government agencies received any information at all about their obligations under the Environment Protection and Biodiversity Conservation Act 1999 [the Act], which is a significant problem in and of itself,’ Mr Brent said.

‘Unfortunately, though, the information provided by the Environment Department was so unclear that a majority of agencies that did receive the advice did not actually understand it.

‘For example, most agencies interpreted the requirement to complete a heritage strategy to apply only to property already included on the Commonwealth Heritage List. It was not clear to them that all Australian Government agencies that own or control property are required to develop a strategy to identify its heritage value.’

Mr Brent said that another common misconception related to the timeframe the legislation allowed for development of heritage strategies, and that a lack of compliance mechanisms under the Act meant that agencies were unlikely to commit resources to the task or to make it a priority.

‘However, this did not preclude 11 agencies from meeting their obligations within the timeframe. I commend these agencies for assigning responsibility for the development of their heritage strategies to dedicated officers who had access to their senior management teams and who were able to liaise regularly with the Environment Department,’ Mr Brent said.

The Commonwealth Ombudsman has made six recommendations to DEWHA to help it to improve its administration of the Act, essentially by providing clear, consistent advice on their heritage strategy obligations to all Australian Government agencies.

Download the report: Delays in preparation of Heritage Strategies by Australian Government agencies.

Media contact: Media 02 6276 3759

Date of release: 16 June 2009

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      16 Jun 2009: No time for delay on heritage strategies

      Australian Government agency delays in complying with legislative requirements for heritage strategies are largely the result of inadequate advice to agencies by the Department of Environment, Water, Heritage and the Arts (DEWHA), according to acting Commonwealth Ombudsman Mr Ron Brent.

      As at November 2007, only 11 Australian Government agencies had complied with legislation requiring the preparation of heritage strategies for properties under Commonwealth ownership or control, despite the 1 January 2006 deadline.

      Releasing the Commonwealth Ombudsman’s investigation report into the delays, Mr Brent said today that the information provided by DEWHA was inadequate for several reasons.

      ‘It would appear that only a small number of Australian Government agencies received any information at all about their obligations under the Environment Protection and Biodiversity Conservation Act 1999 [the Act], which is a significant problem in and of itself,’ Mr Brent said.

      ‘Unfortunately, though, the information provided by the Environment Department was so unclear that a majority of agencies that did receive the advice did not actually understand it.

      ‘For example, most agencies interpreted the requirement to complete a heritage strategy to apply only to property already included on the Commonwealth Heritage List. It was not clear to them that all Australian Government agencies that own or control property are required to develop a strategy to identify its heritage value.’

      Mr Brent said that another common misconception related to the timeframe the legislation allowed for development of heritage strategies, and that a lack of compliance mechanisms under the Act meant that agencies were unlikely to commit resources to the task or to make it a priority.

      ‘However, this did not preclude 11 agencies from meeting their obligations within the timeframe. I commend these agencies for assigning responsibility for the development of their heritage strategies to dedicated officers who had access to their senior management teams and who were able to liaise regularly with the Environment Department,’ Mr Brent said.

      The Commonwealth Ombudsman has made six recommendations to DEWHA to help it to improve its administration of the Act, essentially by providing clear, consistent advice on their heritage strategy obligations to all Australian Government agencies.

      Download the report: Delays in preparation of Heritage Strategies by Australian Government agencies.

      Media contact: Media 02 6276 3759

      Date of release: 16 June 2009