Statutes Amendment (Heritage) Act 2025
The Statutes Amendment (Heritage) Act 2025 (the Amendments) commenced on 30 July 2026, amending both the Heritage Places Act 1993 (Heritage Act) and the Planning, Development and Infrastructure Act 2016 (PDI Act). The reforms reflect the State Government’s commitment to strengthening heritage protection and preserving South Australia’s cultural and historical assets. The principal reform introduced by the Amendments is a new procedural requirement applicable to development proposals involving the demolition of the whole of a State Heritage Place.
New requirement for demolition applications
Pursuant to the newly inserted section 119A of the PDI Act, an application for development approval involving the demolition of the whole of a State Heritage Place (Place) cannot be lodged unless it is accompanied by a finalised report prepared by the South Australian Heritage Council (Council). The report must be prepared in accordance with the new section 37 of the Heritage Act, which requires the Council to assess the heritage significance of the Place against the criteria set out in section 16(1) of the Heritage Act. These criteria include, amongst other matters, a Place’s historical significance, rarity, cultural or spiritual value, aesthetic or technical qualities, and associations with persons or organisations of historical importance.
Accordingly, prior to lodging a development application, a prospective applicant must first apply to the Council for the preparation of a section 37 report in relation to the Place proposed to be demolished.
Section 37 reporting process
Upon receiving an application for a report, the Council must:
- Within 10 weeks, prepare and publish a copy of its report on a website determined by the Minister and invite written submissions from members of the public;
- Conduct a 4-week public consultation period during which submissions may be made regarding the heritage significance of the Place;
- Within 4 weeks after the conclusion of the consultation period, finalise the report and provide it to the Minister; and
- The Minister must then cause the finalised report to be laid before both Houses of Parliament within 5 sitting days of its receipt.
Practical implications
As a finalised section 37 report must now be obtained before a development application involving the demolition of the whole of a State Heritage Place may be lodged, the Amendments have introduced an additional preliminary stage to the approval pathway. Consequently, developments involving the complete demolition of a State Heritage Place are likely to experience longer approval timeframes. At its maximum, the Council-administered stages of that process may take up to 18 weeks to complete. Additional delay may arise before the report is tabled in Parliament, depending on the parliamentary sitting schedule.
Further, the new requirement is likely to impose a significant additional cost burden on applicants. The most recent fees notice issued under the Heritage Act, published in South Australian Gazette No. 45 of 2026, prescribes a fee of $21,880.00 for an application to the Council for the preparation of a section 37 report.
The Amendments also create an additional opportunity for community participation. By requiring public consultation in relation to the heritage significance of a Place before a demolition application may be lodged, the reforms enable community views regarding a Place to be considered at an earlier stage of the assessment process.
For more specific information in relation to any of the material discussed in this article, please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au
