Registration Hearings are public processes that allow interested people to present their views on whether or not a place or object is added to the Victorian Heritage Register.
The Executive Director, Heritage Victoria recommends to the Heritage Council of Victoria on whether places or objects should be added to the Victorian Heritage Register.
The Executive Director’s recommendation is based on the assessment of the place’s or object’s cultural heritage significance to Victoria. This assessment is made after Heritage Victoria research the history of the place or object, complete a comparative analysis with similar places or objects, and consider the integrity and condition of the place or object.
Anyone can submit their views about the Executive Director’s recommendation to include or not to include a place or object in the Register by filling out the Registration Submission Form (Word 657 KB). This form must be lodged within 60 days of the publication of the Executive Director’s recommendation. Submitters will be advised whether or not a hearing is to be held. Recommendations open for comment are listed on the Heritage Victoria website.
The Heritage Council of Victoria holds Registration Hearings when:
- the National Trust or a person with a real and substantial interest in the place/object asks for a Hearing
- submissions are received from people objecting to the Executive Director’s recommendation to not include a place/object in the Victorian Heritage Register
- in other cases as necessary.
Registration Hearings are conducted by the Registrations Committee which is made up of at least three (3) members of Heritage Council of Victoria.
- the Executive Director, Heritage Victoria
- the owner
- the National Trust
- a person with a real and substantial interest (Word 668 KB)
- a person who made an initial submission
- the person who requested the hearing
- any person the Heritage Council allows in order to inform itself.
Detailed written submissions must be lodged with the Heritage Council by the deadline provided.
Your submission must include the material that you will rely on in making your case including:
- any written expert evidence
- any photographic or visual evidence
- any audio visual presentations
- reference to the relevant assessment criteria
- any comments on the proposed extent of registration or permit policy and exemptions.
You can also present your submission in person at the Registration Hearing, or have somebody else, including a legal representative, present on your behalf. To ask to verbally present your submission, complete and return the Request to be Heard by HCV (Word 663 KB)
You can also nominate expert witnesses to support your case, as well as presenting material in audio visual form.
Before the Registration Hearing all the detailed written submissions will be circulated to everyone involved in the form they are received. Please note that the Council does not redact personal information so please only provide submissions that you are happy to have circulated.
You can read and respond to one another’s material and evidence before the Hearing. Replying to other submissions is not compulsory but it allows you to review and challenge the claims of other parties.
Replies to submissions (called ‘Submissions in Reply’) must be lodged with the Heritage Council of Victoria by the deadline provided. These replies will also be circulated to all other parties before the Hearing.
All submissions may be accessible to the public through the Freedom of Information Act.
Hearings are open to the public and the media. However, photography, video or audio recording is banned.
A Committee of at least three (3) members of the Heritage Council of Victoria will conduct the Registration Hearing.
A chairperson from the Committee will begin by explaining how things will run. The chairperson will make sure people stay to the time allocated for presentations and do not repeat points or comments made by others.
You can also ask someone else to represent you (e.g. a legal representative).
The order of hearing submissions will generally be:
- the Executive Director
- other parties eg the National Trust, any invited experts
- the owner/applicant or their legal representative.
Direct questioning of expert witnesses by any party is allowed but the chairperson can disallow questions that are deemed inappropriate or badgering.
Questions to all presenters are allowed for the purposes of clarification with the chairperson’s permission.
Your verbal submission should:
- be as brief as possible
- reflect the main arguments of the written material you have lodged
- avoid restating points made by previous speakers
- avoid introducing new material that has not previously been circulated.
If you require more time you can Request an Adjournment (Word 661 KB) of the Hearing.
The Heritage Council of Victoria will communicate their decision by:
- writing to all parties involved in the Hearing
- publishing their decision on the Heritage Council website
- including it on the Australasian Legal Information Institute’s Victorian Law Resources database.