Yurulbin Park and Foreshore - Louisa Road Birchgrove

SHR No. 02112

Direction to the Heritage Council to list Yurulbin Park and Foreshore on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Yurulbin Park and Foreshore, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 16th day of July 2025.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1.Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Yurulbin Park and Foreshore means the item subject to this direction being a precinct that includes harbourside land used as public park on a headland of inner west Sydney Harbour, landscaping, works and features associated with former boatbuilding works, areas of foreshore land north of the Louisa Road reservation and Birchgrove ferry wharf (this wharf is excluded from the listing) and waters of Sydney Harbour offset to c.50m from the shoreline. The precinct comprises Lot 1 Deposited Plan (DP) 1112881, Lot 2 DP 179069, Lot 3 DP 179069, Lot 4 DP 179069, Lot 5 DP 179069, Lot 6 DP 179069, Lot 1 DP 192096 (section 9), Lot 2 DP 192096 (section 9), Lot 1 DP 573639 and Lot 1 DP 860477 as well as waters of Sydney Harbour, located at Louisa Road, Birchgrove, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3345 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Yurulbin Park and Foreshore. I consider Yurulbin Park and Foreshore meets the following State heritage significance criteria established under section 4A(3) of the Act as it:
i. is important in the course, or pattern, of NSW's cultural or natural history because it is one of the first modern Sydney parks created by transforming former derelict industrial sites into public use, bringing native vegetation back to inner-city sites and challenging notions of inner-city parks
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history because of its associations with landscape designer Bruce Mackenzie and associates like Catherin Bull, among a group of practitioners who formulated a modern ecological approach to design, with architect and planner Nigel Ashton, and Lindsay Robertson, a landscape architect in the State Planning Authority who acquired several sites for harbourside parks
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it demonstrates the evolving philosophy of 'Alternative Parkland', as one of the earliest attempts to reclaim the qualities of a pre-colonial landscape in a modern Sydney urban park
iv. possesses uncommon, rare, or endangered aspects of NSW's cultural or natural history because it is an early example of a Sydney Bush School foreshore park on Sydney Harbour and a benchmark as one of the earliest attempts to reclaim the qualities of a landscape before colonisation.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:
i.I consider the item is of State heritage significance assessed against four of the criteria adopted under section 4A of the Act;
ii.Yurulbin Park and Foreshore contributes to an understanding and promotion of the State's heritage;
iii.long-term conservation is required to encourage the preservation and understanding of Yurulbin Park and Foreshore for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the owner has not raised concerns regarding economic use of the item, the listing does not prevent its ongoing current use for public recreation, and site specific exemptions have been developed to facilitate its ongoing use and maintenance for public recreation.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the precinct is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because they do not object to the listing, and the Heritage Council did not receive any submissions that sought to address this factor.

e) I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):
i.to promote an understanding of the State's heritage
ii.to encourage the conservation of the State's heritage
iii.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Yurulbin Park and Foreshore is required to promote and encourage the conservation and understanding of this State significant heritage and raise awareness of 'Alternative Parkland' where former industrial land is turned into public recreation land and challenges notions of inner-city parks.

Balls Head Reserve - Balls Head Drive Waverton

Direction to the Heritage Council to list Balls Head Reserve on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Balls Head Reserve, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 16th day of July 2025

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

1.Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Balls Head Reserve means the item subject to this direction being a precinct comprising part of Lot 106, DP 1162898, part of the Balls Head Drive road reserve, and part of Sydney Harbour, located at Balls Head Drive, Waverton, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3338 in Schedule A, and includes the land and native vegetation of the reserve, the remnant tree plantings and works associated with the 1920s to 1930s reforestation program, and a 100 metre section of the surrounding waters of Sydney Harbour.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Balls Head Reserve. I consider Balls Head Reserve meets the following State heritage significance criteria established under section 4A(3) of the Act as it:
i. is important in the course, or pattern, of NSW's cultural or natural history as a tangible demonstration of early 20th century environmental activism in NSW
ii. Has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history because it has a strong connection with three early 20th century naturalists and conservationists: Annie Wyatt, Walter W. Froggatt, and David Stead
iii. Is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it has landmark qualities and presence as a distinctive remnant 'natural' element of Sydney Harbour
iv. Possesses uncommon, rare or endangered aspects of NSW's cultural or natural history because it is a unique surviving natural headland, which retains its shoreline, landform, and an intertwined Aboriginal cultural landscape, within Sydney Harbour
v. is important in demonstrating the principal characteristics of a class of NSW's cultural or natural places and cultural or natural environments because it is a surviving natural headland with an intertwined Aboriginal cultural heritage landscape within Sydney Harbour, and the greater context of a highly urban city.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:
i. I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act;
ii. Balls Head Reserve contributes to an understanding and promotion of the State's heritage;
iii. Long-term conservation is required to encourage the preservation and understanding of Balls Head Reserve for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the owners and manager have not raised concerns regarding economic use of the item, the listing does not prevent its ongoing use for public recreation, and site specific exemptions have been developed to facilitate its ongoing use and maintenance for public recreation.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or managers because they support, or do not object to, listing, and ongoing management and recreational use will be supported by site specific exemptions.

e) I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):
i. to promote an understanding of the State's heritage
ii. To encourage the conservation of the State's heritage
iii. To provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Balls Head Reserve is required to promote and encourage the conservation and understanding of this State significant heritage and unique surviving natural element of Sydney Harbour that is evocative of the past and contributes to reimaging this maritime landscape as it was before European colonisation.

Australian Museum - 6-8 College Street Sydney

Direction to the Heritage Council to amend the listing of Australian Museum (SHR 00805) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to amend the listing of Australian Museum, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to amend the listing of the item on the State Heritage Register. The reasons for my decision are set out below.

1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Australian Museum means the item subject to this direction being a precinct comprising several buildings which serve the functions of the museum, including the main museum building and connected wings dating from the 1850s to the present, in addition to the former National School Building and associated staff offices, within Lot 1 DP1157811, Lot 3 DP1046458 and Lot 11 DP588102, located at 6-8 College Street, Sydney, and as identified as the “State Heritage Register. SHR: 00805 – Plan: 2504” on the plan in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of the Australian Museum. I consider the Australian Museum meets the following State heritage significance criteria established under section 4A(3) of the Act as it:
i. is important in the course, or pattern, of NSW’s cultural or natural history as Australia’s first public museum and major cultural institution, and for its ability to demonstrate the evolution of museology.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history, with significant historical figures, architects, researchers and trustees who have contributed to the Museum over its history.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it is an excellent and highly intact example of the academic classical and international styles, designed by eminent architects Mortimer Lewis, James Barnet, Walter Liberty Vernon and Ted Farmer.
iv. has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because it is a major cultural institution which has served the people of NSW for almost 200 years and has complex significance to First Nations peoples from Australia, the Torres Strait Islands, and the Pacific.
v. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments because it is an excellent example of a cultural institution in the classical academic style and represents all stages of the institution’s history with high integrity.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:
i. I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act;
ii. Australian Museum contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of Australian Museum for current and future generations.

c) regarding whether the listing amendment would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing amendment would render the item incapable of reasonable or economic use because the listing amendment does not prevent the ongoing current use of the item, which is being appropriately and successfully managed as a public museum and this will be further encouraged by the gazettal of site specific exemptions.

d) regarding whether the listing amendment would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing amendment would cause undue financial hardship to the owners because they support amendment of the listing, and no evidence of the financial status or hardship of the owners was provided to me.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing amendment would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the Australian Museum is required to promote and encourage the conservation and understanding of this State significant heritage and enduring cultural institution, which represents the cultural and scientific history and stories of NSW.

Dated this 30 day of June 2025.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

Ithaca Gardens - 12 Ithaca Road Elizabeth Bay

Direction to the Heritage Council to list Ithaca Gardens on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Ithaca Gardens, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 19 day of June 2025.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

1.1 Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.
1.2 Ithaca Gardens means the item subject to this direction being a building comprising of Lots 1-40 Strata Plan 5704 located at 12 Ithaca Road, Elizabeth Bay, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3333 in Schedule A and includes a 10-storey apartment building constructed of brick and concrete, with a separate one storey garage structure.

2. Reasons for decision to direct the listing

2.1 I received on 17 June 2025 the recommendation of the Heritage Council dated 4 February 2025 that Ithaca Gardens be listed on the State Heritage Register.
2.2 The recommendation of the Heritage Council was comprised of a meeting resolution dated 4 February 2025, which attached a summary paper and the following indexed attachments:
i. Tab 3.2A Detailed report
ii. Tab 3.2B Location map
iii. Tab 3.2C Recommended listing curtilage
iv. Tab 3.2D Recommended site specific exemptions
v. Tab 3.2E Submissions received
vi. Tab 3.2F Heritage database report
2.3 I have considered the above documents at paragraph 2.2. Noting the Heritage Council received 31 submissions, with 23 supporting the listing and eight objecting to the listing. I have also considered the decision brief prepared by Heritage NSW.
2.4 I have considered the submissions and representations from apartments owners, including those in support and those objecting to the listing.
2.5 I have carefully considered the totality of the Act, my responsibilities under the Act and in particular the sections referred to in these reasons.

Whether the item is of State heritage significance
2.6 I have formed the view that Ithaca Gardens meets the definition of State heritage significance in section 4A of the Act.
2.7 I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Ithaca Gardens. I consider Ithaca Gardens meets the following State heritage significance criteria established under section 4A(3) of the Act as it:
i. is important in the course, or pattern, of NSW’s cultural or natural history because it demonstrates the development of the career of Harry Seidler, as well as the growth of modernism in NSW, and set the standard for modernist apartment design.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because of its association with Harry Seidler and Jozef Dusseldorp.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it is a pioneering apartment building with distinctive design elements which uses innovative techniques.
iv. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments for its ability to represent modernist design and as a good and early example of Harry Seidler’s work at a large scale.

The Heritage Council’s recommendation
2.8 Section 32(1)(a) of the Act requires me to consider the Heritage Council’s recommendation. I have considered all the material contained in the Heritage Council’s recommendation, including the submissions received by the Heritage Council. I consider the Heritage Council’s recommendation to be a material factor in deciding to direct the listing.
Whether long-term conservation of the item is necessary
2.9 Section 32(1)(b) of the Act requires me to consider whether the long-term conservation of the item is necessary. I have considered the material provided to me and I have determined long-term conservation necessary because:
i. I consider the item is of State heritage significance assessed against four of the criteria under section 4A(3) of the Act.
ii. Ithaca Gardens contributes to an understanding and promotion of the State’s heritage as it is the first example of the working relationship between Harry Seidler and Jozef Dusseldorp. It also supports the significance of Harry Seidler’s architecture to the people of NSW and recognising modernist architecture in the Australian context.
iii. long-term conservation is required to encourage the preservation and understanding of Ithaca Gardens for current and future generations.

Whether the listing would render the item incapable of reasonable or economic use
2.10 Regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me, including the submission of the owners of 16 apartments objecting to the listing, and do not consider the listing would render the item incapable of reasonable or economic use. I consider the ongoing residential use of the building or as an investment property, will not be affected by the listing and the owners can continue to manage works to individual apartments by exemptions to approvals under the Act.


Whether the listing would cause undue financial hardship to the owner, lessee or mortgagee
2.11 Regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered all the material provided to me, including the submission of the owners of 16 apartments objecting to the listing which stated the listing would cause financial hardship.
2.12 My consideration of any financial hardship must be caused by the listing of Ithaca Gardens and have a logical connection between the status of the owner, mortgagee or lessee affected by the listing and any loss suffered. I must consider the financial status (or likely financial status) of the affected owner, mortgagee or lessee. No evidence of financial status or hardship was submitted and therefore it is open to me on this basis to conclude that no undue financial hardship will occur. Accordingly, I do not consider the listing would cause undue financial hardship to the owners, mortgagees or lessees.

Walter McGrath House - 4 Dunara Gardens Point Piper

Following the recommendation of the Heritage Council to me to list Walter McGrath House, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dates this 22 day of May 2025.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government

1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Walter McGrath House means the item subject to this direction being a house and surrounding land including a small garden, a pathway, and a courtyard area, comprising of Lot 4 DP27451, located at 4 Dunara Gardens, Point Piper, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3343 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Walter McGrath House. I consider Walter McGrath House meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history for its strong association with Peter Muller, one of the most original architects practising in NSW during the second half of the 20th century and instrumental to the development of modernism in NSW.

ii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it demonstrates textural and tactile design techniques typical of the Wrightian (Prairie School) approach, that would become a staple in Muller’s work. It further demonstrates aesthetic values in terms of the use of repeating geometric massing and motifs, as well as creative roof framing systems.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against two of the criteria adopted under section 4A of the Act;

ii. Walter McGrath House contributes to an understanding and promotion of the State’s heritage;

iii. long-term conservation is required to encourage the preservation and understanding of Walter McGrath House for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the owner has not raised concerns regarding the economic use of the item, the listing does not prevent the ongoing residential use of the item, and site specific exemptions have been developed to facilitate its ongoing use and maintenance.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owner because they support the listing, no evidence of the financial status or hardship of the owner was provided to me, and site specific exemptions have been developed to support efficient maintenance of the item.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage

ii. to encourage the conservation of the State’s heritage

iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Walter McGrath House is required to promote and encourage the conservation and understanding of this State significant heritage and will foster an understanding of the development of modern architecture in NSW, the development of the Sydney School style and the career of Peter Muller.

Lady Gowrie Child Centre - 1B Elliott Avenue Erskineville

Direction to the Heritage Council to list Lady Gowrie Child Centre on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Lady Gowrie Child Centre, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 4 day of May 2025.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Lady Gowrie Child Centre means the item subject to this direction including a two-storey brick building and associated landscaping and comprising Lot 2 DP844072, located at 1B Elliott Avenue, Erskineville and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3341a in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Lady Gowrie Child Centre. I consider Lady Gowrie Child Centre meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history because of its profound influence on early childhood education pedagogies, as the first centre of its kind in NSW to conduct onsite research, implement evidence-based practices and train generations of educators and paediatricians. The centre demonstrates the growing national interest in child development and the connections between social welfare, housing and early childhood during the interwar period.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history for its association with Former Vice-Regal Consort Lady Zara Hore-Ruthven (1879-1965), the wife of the 1st Earl of Gowrie and Governor-General of Australia and prominent advocate for early childhood wellbeing.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW for its demonstration of important technical advancement in early childhood institutions in NSW, with innovative design features to facilitate its dual purpose as a research and education facility.
iv. possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history as the only NSW example of the pioneering national initiative in early childhood and as a purpose-built preschool within a state-sponsored public housing scheme of the interwar period.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against four of the criteria adopted under section 4A of the Act;
ii. Lady Gowrie Child Centre contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of Lady Gowrie Child Centre for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the owners and lessee have not raised concerns regarding the economic use of the item, the listing does not prevent the ongoing current use of the item, and site specific exemptions have been developed to facilitate its ongoing use.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owner or lessee because they support the listing, no evidence of the financial status or hardship of the owner or lessee was provided to me, and site specific exemptions have been developed to support efficient operation and management of the item.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Lady Gowrie Child Centre is required to promote and encourage the conservation and understanding of this State significant heritage as the NSW example of the pioneering national education and care initiative that has shaped generations of early childhood educators, paediatricians and children across NSW.

Chelmsford Bridge and Leura Cascades Recreational Reserve - Chelmsford Road Leura

Direction to the Heritage Council to list Chelmsford Bridge and Leura Cascades Recreational Reserve on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Chelmsford Bridge and Leura Cascades Recreational Reserve, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 4 day of May 2025.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Chelmsford Bridge and Leura Cascades Recreational Reserve means the item subject to this direction being a precinct comprising of Part Lot 7308 DP1145096, Lots 32-37 and Lots 48-51 of DP5145, located at Cliff Drive, Leura, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3340 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Chelmsford Bridge and Leura Cascades Recreational Reserve. I consider Chelmsford Bridge and Leura Cascades Recreational Reserve meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history as a recreational ground which contributed to early tourism and leisure activities within NSW
ii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW as an unreinforced concrete bridge which demonstrates creative and technical achievement, and as a picturesque recreational reserve which demonstrates creative landscaping endeavour and appreciation of nature and the sublime
iii. possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history as an example of an unreinforced concrete Monier arch bridge within NSW, being one of only two, and a rare example of gender segregated recreational baths at a shared site and within a mountain setting
iv. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments as a key example of an unreinforced concrete bridge, of Federation period recreational reserves, and as a significant variation of recreational baths on account of their setting within a bushland environment.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against four of the criteria adopted under section 4A of the Act;
ii. Chelmsford Bridge and Leura Cascades Recreational Reserve contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of Chelmsford Bridge and Leura Cascades Recreational Reserve for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the listing would not prevent the precinct’s use for recreation, and the owners and manager have not raised concerns regarding the economic use of the item.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or manager because they support the listing, no evidence of the financial status or hardship of the owners or manager was provided to me, and site specific exemptions have been developed to support efficient operation and management of the precinct.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Chelmsford Bridge and Leura Cascades Recreational Reserve is required to promote and encourage the conservation and understanding of this State significant heritage for its early 20th century engineering technologies, and application of enlightenment principles within tourist sites and recreational reserves.

Ballast Point Park - Ballast Point Road and Ronald Street Birchgrove

Direction to the Heritage Council to list Ballast Point Park on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Ballast Point Park, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 31 day of March 2025.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Ballast Point Park means the item subject to this direction being a precinct comprising of Lots 1, 2, 3 and 4 DP115939, Lots 1 and 2 DP82593, Lot 11 DP792332, Lot 7 DP132691, Lot 413 DP752049, located at Ballast Point Road and Ronald Street, Birchgrove, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3339 in Schedule A, and includes harbourside land used as a public park.


2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Ballast Point Park. I consider Ballast Point Park meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history for of its ability to demonstrate all phases of use from the early 1800s to the present day, encompassing quarrying, residential, industrial and public parkland use.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history as demonstrated by the community and political activism by the Ballast Point Campaign Committee, and former political figures including the Hon. Tom Uren AC, and former Prime Minister, the Hon. Paul Keating.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative and technical achievement in NSW because it is an example of a scenic post-industrial park which contributes to the cultural landscape of Sydney Harbour.
iv. has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because of its ability to demonstrate the successes of community activism and ongoing community connection to Sydney Harbour.
v. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments as an excellent example of a post-industrial parkland landscape which has achieved national and international acclaim.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act;
ii. Ballast Point Park contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of Ballast Point Park for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing will not interfere with the continued use of the item as public parkland and the owners and manager have not raised concerns regarding the economic use of the item.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or manager because they support the listing and no evidence of the financial status or hardship of the owners was provided to me.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Ballast Point Park is required to promote and encourage the conservation and understanding of this State significant heritage and example of a post-industrial landscape which contributes to the cultural landscape of Sydney Harbour.

Berrys Bay Precinct (Carradah Park) - Balls Head Road Waverton

Direction to the Heritage Council to list Berrys Bay Precinct (Carradah Park) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Berrys Bay Precinct (Carradah Park), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 24th day of March 2025.


The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government



1. Interpretation

A) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

B) Berrys Bay Precinct (Carradah Park) means the item subject to this direction being a precinct comprising of Lots 20, 21 and 22 DP1048933, Lots 1, 2 and 3 DP181235, an unidentified parcel of land with no Lot or DP number adjoining Lot 21 DP1048933 facing Sydney Harbour, an unidentified parcel of land with no Lot or DP number adjoining Lot 22 DP1048933 facing Sydney Harbour and Sydney Harbour waters, located at Balls Head Road, Waverton, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3330 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

A) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Berrys Bay Precinct (Carradah Park). I consider Berrys Bay Precinct (Carradah Park) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW's cultural or natural history because it demonstrates the historic pattern of land use around Sydney Harbour foreshores, including exploiting resources, developing industrial enterprises and return of industrial land to public parkland

ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history including sailor Lieutenant Henry Lidgbird Ball, shipping magnates Alexander Berry and Edward Wollstonecraft, benefactors Elizabeth and David Berry, the Anglo-Persian Oil Company, Commonwealth Oil Refineries Ltd., BP Australia Ltd, significant Australian artists including Conrad Martens and Lloyd Rees and prominent landscape designer Bruce Mackenzie

iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW as a contemporary park landscape with technologically advanced, sophisticated and sustainable use of materials demonstrating the philosophy of Bruce Mackenzie and Sydney Bush School landscape architecture; and a prominent harbourside landmark which has inspired artists since colonial days

iv. has potential to yield information that will contribute to an understanding of NSW's cultural or natural history as it has maritime archaeology of State significance, with known maritime heritage, potential for extensive relic deposits in and around former structures and the probable site of the shipwreck of HMAS Tingira, former Sobraon, Australia's first naval cadet training ship

v. is important in demonstrating the principal characteristics of a class of NSW's cultural or natural places and cultural or natural environments as an example of the use of harbour foreshores for mercantile and industrial maritime activity for over a century, and as an example of Sydney Bush School landscape design applied to harbourside parks on former industrial sites.

B) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act;

ii. Berrys Bay Precinct (Carradah Park) contributes to an understanding and promotion of the State's heritage;

iii. long-term conservation is required to encourage the preservation and understanding of Berrys Bay Precinct (Carradah Park) for current and future generations.

C) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing would not prevent the precinct's ongoing use for public recreation, and the owners and manager have not raised concerns regarding the economic use of the item.

D) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or manager because they support the listing, no evidence of the financial status or hardship of the owners or manager was provided to me, and site specific exemptions have been developed to support the owners and manager to manage the item into the future.

E) I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State's heritage
ii. to encourage the conservation of the State's heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Berrys Bay Precinct (Carradah Park) is required to promote and encourage the conservation and understanding of this State significant heritage of a prominent Sydney Harbour site which demonstrates historic land uses over more than a century and has long been the source of inspiration to artists and visitors.

Imperial Hotel, Erskineville - 35-37 Erskineville Road Erskineville

Direction to the Heritage Council to list the Imperial Hotel, Erskineville on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list the Imperial Hotel, Erskineville, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 12 day of March 2025.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Imperial Hotel, Erskineville means the item subject to this direction being a building comprising Lot 1 Deposited Plan 866872, located at 35-37 Erskineville Road, Erskineville, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3336 in Schedule A, and includes the building and the awning to the north and west of the building.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of the Imperial Hotel, Erskineville. I consider the Imperial Hotel, Erskineville meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history because it is a place that has encouraged and promoted the LGBTQIA+ community since 1983, making it one of NSW’s longest running LGBTQIA+ community friendly venues outside of the Oxford Street precinct and was featured in the 1994 Australian film The Adventures of Priscilla, Queen of the Desert.
Ii. Has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because it is one of Dawn O’Donnell’s many LGBTQIA+ businesses, transforming the previously working man’s pub into one of the first major venues for LGBTQIA+ people away from Oxford Street.
Iii. Is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it is an iconic landmark that has been woven into the urban fabric of the LGBTQIA+ community of NSW, significant for its inclusion in the internationally successful Australian film The Adventures of Priscilla, Queen of the Desert.
Iv. Has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because it is a venue of acceptance, tolerance, and artistic expression for the LGBTQIA+ community, including the drag shows which have been a regular feature of the hotel since 1983 and were made famous by the 1994 Australian film The Adventures of Priscilla, Queen of the Desert.

B) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against four of the criteria adopted under section 4A of the Act;
ii. The Imperial Hotel, Erskineville contributes to an understanding and promotion of the State’s heritage;
iii. Long-term conservation is required to encourage the preservation and understanding of the Imperial Hotel, Erskineville for current and future generations.

C) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)© of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing does not prevent the ongoing current use of the item, site specific exemptions have been developed which will facilitate this ongoing use, and the owner has not raised concerns regarding the economic use of the item.

D) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because they support the listing, and no evidence of the financial status or hardship of the owners was provided to me.

E) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. To encourage the conservation of the State’s heritage
iii. To provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the Imperial Hotel, Erskineville is required to promote and encourage the conservation and understanding of this State significant heritage and an iconic landmark of the experience of LGBTQIA+ community in NSW history.

Gosford Courthouse and Police Station (former) - 45 Mann Street (cnr Georgiana Terrace) Gosford

Following the recommendation of the Heritage Council to me to list Gosford Courthouse and Police Station (former), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.


1.Interpretation

a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Gosford Courthouse and Police Station (former) means the item subject to this direction being a precinct comprising of Lot 453 and DP 727721, located at 45 Mann Street, Gosford, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3337 in Schedule A, and containing buildings constructed between 1848 and 2021 and surrounding land.


2.Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Gosford Courthouse and Police Station (former). I consider Gosford Courthouse and Police Station (former) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i.is important in the course, or pattern, of NSW's cultural or natural history for its strong associations with the transition of the Brisbane Water area from a colonial frontier into an established European settlement. The exercise of colonial law and order on Aboriginal, convict and settler populations in Gosford and the Brisbane Water area was instrumental in creating the conditions for the region's later growth
ii.has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history for its association with notable figures in colonial state architecture and contemporary classical music, reflective of the site's transition from one of law and order to musical education in the late 20th century
iii.has potential to yield information that will contribute to an understanding of NSW's cultural or natural history as an example of the interplay between the architectural practices of Colonial Architects Mortimer Lewis and James Barnet. The long tenure of Lewis and Barnet make their bodies of work particularly instructive in understanding architectural practice and the representation of power in the colony.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i.I consider the item is of State heritage significance assessed against 3 of the criteria adopted under section 4A of the Act;
ii.Gosford Courthouse and Police Station (former) contributes to an understanding and promotion of the State's heritage;
iii.Long-term conservation is required to encourage the preservation and understanding of Gosford Courthouse and Police Station (former) for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the development of site specific exemptions in tandem with the standard exemptions allow for adaptive reuse of the item and support its ongoing use as a conservatorium of music.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owner and Crown reserve manager because the listing recognises the contribution of the on-site music education to the heritage values of the item and, therefore, supports a key income source for the Crown reserve manager.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i.to promote an understanding of the State's heritage
ii.to encourage the conservation of the State's heritage
iii.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Gosford Courthouse and Police Station (former) is required to promote and encourage the conservation and understanding of this State significant heritage representative of the consolidation of colonial legal systems and the evolution of State-commissioned architecture.


Dated this 18th day of February 2025.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

Warringah Civic Centre Precinct - 725 Pittwater Road Dee Why

Direction to the Heritage Council not to list the Warringah Civic Centre Precinct on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me for listing the Warringah Civic Centre Precinct, I, Penny Sharpe, the Minister for Heritage, under section 34(1) of the Heritage Act 1977, have decided to direct the Heritage Council not to list the Warringah Civic Centre Precinct on the State Heritage Register. The reasons for my decision are set out below.

Dated this 19th day of December 2024.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government

REASONS
I make this direction to the Heritage Council for the following reasons, noting that the Heritage Council of NSW considers that the Warringah Civic Centre Precinct meets 5 of the 7 State heritage significance criteria (namely (a), (b), (c), (e), and (g)) established under section 4A(3) of the Heritage Act 1977:

a) There are differing opinions as to whether the Warringah Civic Centre Precinct is fit for purpose. There are also differing opinions as to whether State Heritage Register listing would allow reasonable or economic uses of the Warringah Civic Centre Precinct. I am not satisfied at this time that State Heritage Register listing would not render the item incapable of reasonable or economic use.

b) I was not provided with sufficient evidence that listing would result in the suffering of actual financial hardship. As such, I am not of the view that listing would cause undue financial hardship to the owner, mortgagee or lessee of the Warringah Civic Centre Precinct.

Consequently, I have decided not to direct the listing of Warringah Civic Centre Precinct on the State Heritage Register.

St Mary's Catholic Cathedral and Chapter House - College Street Sydney

Direction to the Heritage Council not to list the amendment to the St Mary's Catholic Cathedral and Chapter House (SHR 01709) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me for listing and amendment to the St Mary's Catholic Cathedral and Chapter House (SHR 01709), I, Penny Sharpe, the Minister for Heritage, under section 34(1) of the Heritage Act 1977, have decided to direct the Heritage Council not to list the amendment on the State Heritage Register (SHR). The Reasons for my decision are set out below.

REASONS
I make this direction to the Heritage Council for the following reasons, noting that the Heritage Council of NSW considers that the amended curtilage meets 6 of the 7 State heritage significance criteria (namely (a), (b), (c), (d), (e) and (f) established under section 4A(3) of the Heritage Act 1977:
a)The Heritage Council has recommended the amendment of the existing listing which would expand the curtilage to include archaeological relics, Cathedral House and Cathedral College buildings, and surrounding land and landscaping. I am not convinced that the elements proposed to be included in the amended curtilage satisfy the criteria for significance at a State level. I consider that the State significant elements are adequately captured by the existing listing. I am not satisfied that the long term conservation of many of the elements within the amended curtilage is necessary.
b)The existing listing provides protection to Cathedral and Chapter House and protects these significant elements of the site. Archaeological relics are afforded separate protection under the Heritage Act 1977, regardless of whether they are within the curtilage of a State Heritage Register item.
c)The amended curtilage includes land currently subject to a development application (D/2023/1153) which is before the Land and Environment Court.
d)I was not provided with sufficient evidence that listing would result in the suffering of actual financial hardship. As such, I am not of the view that listing would cause undue financial hardship to the owner, mortgagee or lessee of the St Mary's Roman Catholic Cathedral Precinct.

Consequently I have decided not to direct the amendment of the listing of St Mary's Catholic Cathedral and Chapter House on the State Heritage Register.


Dated this 19 day of December 2024.

The Hon. Penny Sharpe MLC
Minister for Heritage
NSW Government

Greenway - 24 Wentworth Road Vaucluse

Following the recommendation of the Heritage Council to me to list Greenway, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 18th day of December 2024.
The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Greenway means the item subject to this direction being a building, land and gardens comprising of Lot 101 Deposited Plan 621888, located at 24 Wentworth Road, Vaucluse, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3317 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Greenway. I consider Greenway meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history because it is the earliest Inter War Mediterranean house designed by prominent architect Professor Leslie Wilkinson as his family residence and as one of the earliest examples of the architectural style in NSW.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because of its strong association with Professor Leslie Wilkinson and his architectural design principles that characterised his legacy as one of Australia’s most influential 20th century architects. Greenway is built in the Inter War Mediterranean style which Wilkinson is credited with introducing to Australian domestic architecture.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it represents one of the finest examples of Wilkinson designed houses featuring Georgian Revival and Inter War Mediterranean styles and for its intentional siting in the landscape to complement the rare remnant Angophora Costata (Sydney Pink Gums) trees that pre-existed on site.
iv. has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because it is a culturally significant site for architects, landscape architects, students and other professional and community groups. For these groups, Greenway is held in high esteem for representing the pinnacle of Wilkinson’s residential design approach and theory.
v. has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history because it is a reference site of early architectural innovative sustainable design principles and of Wilkinson’s architectural theory and practice. These design principles include orientation to promote ventilation and comfort, and the reuse of recycled materials.
vi. possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history because it is the long-term and only home of Professor Leslie Wilkinson in Australia, designed and built by him as his family residence and as a rare early example of intentional siting on the landscape in relation to existing natural vegetation.
vii. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments because it is a pinnacle design example that can illustrate the key principles of the Inter War Mediterranean style in Australia domestic architecture.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against seven of the criteria adopted under section 4A of the Act;
ii. Greenway contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of Greenway for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the listing will not interfere with the continued use of Greenway as a dwelling and the owner has not raised concerns regarding the economic use of the item.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because there is support for the listing and no evidence of the financial status or hardship of the owners was provided to me.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Greenway is required to promote and encourage the conservation and understanding of this State significant heritage item which is the earliest Inter War Mediterranean house designed by prominent architect Professor Leslie Wilkinson

AMP Building, Sydney Cove (former) - 33 Alfred Street Sydney

Following the recommendation of the Heritage Council of NSW to me to list the AMP Building, Sydney Cove (former), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below. Dated this 17th day of December 2024. The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) The AMP Building, Sydney Cove (former) means the item subject to this direction being a building comprising of Lot 1 DP1073376 and parts of Lots 2 and 3 of DP818565, located at 33 Alfred Street, Sydney, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3335 in Schedule A, and includes a 26-storey office building and sea water tunnel pipeline, designed in the postwar international modernist style.


2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of the AMP Building, Sydney Cove (former). I consider the AMP Building, Sydney Cove (former) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history because it is an exemplar postwar international modernist style skyscraper. It was the first to exceed the 150 feet height limit in NSW which initiated legislative change in NSW and paved the way for a new skyscraper pattern in the history of NSW.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because it is associated with prominent commercial architectural practice, Peddle, Thorp and Walker, consulting architects Kahn and Jacobs of New York and Slocum Fuller of New York, noted Australian sculptor, Tom Bass and with the Australia Mutual Provident Society.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it was the first, tallest and most prominently sited and designed freestanding Sydney skyscraper at the time of construction. It is a good example of postwar international modernist style with cubiform overall shapes complemented by contrasting curved shapes, structural frame expression, curtain walls and large glazed areas complemented by contrasting textures.
iv. is important in demonstrating the principal characteristics of a class of NSW’s cultural or natural places and cultural or natural environments because it is a landmark site at Circular Quay. It is a good example of the postwar international style skyscraper buildings in Sydney having created legislative change in NSW which was the driver for the skyscraper phenomenon that created a new pattern in the history of Sydney.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against 4 of the criteria adopted under section 4A of the Act;
ii. the AMP Building, Sydney Cove (former) contributes to an understanding and promotion of the State’s heritage;
iii. long-term conservation is required to encourage the preservation and understanding of the AMP Building, Sydney Cove (former) for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing does not prevent the ongoing current use of the item and site specific exemptions have been developed which will facilitate this ongoing use.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because they support the listing, and no evidence has been submitted by them that the listing will cause them financial hardship.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the AMP Building, Sydney Cove (former) is required to promote and encourage the conservation and understanding of this State significant heritage. The AMP Building, Sydney Cove (former) is a landmark postwar international modernist style commercial building which initiated NSW legislative change, which in turn, prompted the skyscraper phenomenon creating a new pattern in the history of Sydney.

Mount Kembla Mine Disaster Site Ruins and Setting - Harry Graham Drive Kembla Heights

Following the recommendation of the Heritage Council of NSW to me to list the Mount Kembla Mine Disaster Site Ruins and Setting, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 17th day of December 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1.Interpretation

a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Mount Kembla Mine Disaster Site Ruins and Setting means the item subject to this direction being a place comprising of part of Lot 21 DP1190749, located at Harry Graham Drive, Kembla Heights and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 2476 in Schedule A, and includes relics, the ruins of a range of buildings, a range of works considered to be ruins across the surface of the site, a range of works below ground, and the surrounding land.

2.Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of the Mount Kembla Mine Disaster Site Ruins and Setting. I consider the Mount Kembla Mine Disaster Site Ruins and Setting meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i.is important in the course, or pattern, of NSW's cultural or natural history as the site of the 1902 Mount Kembla Mine disaster, which resulted in the deaths of 96 miners and rescuers and remains the worst mining disaster in State and Australian history. It is also of State heritage significance for its role in the historical development of the NSW coal industry throughout the late 19th and early to mid-20th centuries.
ii.is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW as the mine site displays technical innovation in its use of gravity, via an incline railway and associated features, to transport coal from the mine to Port Kembla.
iii.has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons as it is a place of commemoration and remembrance for the miners who died in the 1902 disaster. For this reason, many people across NSW, especially those in the Illawarra region and coal mining community, have a continuing attachment to this place.
iv.has potential to yield information that will contribute to an understanding of NSW's cultural or natural history as the mine site has archaeological research potential due to the insights it can provide into coal mining operations and technological changes in the coal industry throughout the late 19th and early to mid-20th centuries.
v.possesses uncommon, rare or endangered aspects of NSW's cultural or natural history because it is one of the few historical places in the State where there was a tragic mining disaster.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i.I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act.
ii.the Mount Kembla Mine Disaster Site Ruins and Setting contributes to an understanding and promotion of the State's heritage.
iii.long-term conservation is required to encourage the preservation and understanding of the Mount Kembla Mine Disaster Site Ruins and Setting for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing will not prevent the site from being managed as a ruin by the owner as part of the Illawarra Escarpment State Conservation Area.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because they support the listing, and no evidence has been submitted by them that the listing will cause them financial hardship.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i.to promote an understanding of the State's heritage
ii.to encourage the conservation of the State's heritage
iii.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the Mount Kembla Mine Disaster Site Ruins and Setting is required to promote and encourage the conservation and understanding of this State significant heritage as it is the site of the worst mining disaster in State and Australian history.

Thomas Dick Photographic Collection - Sydney

Direction to the Heritage Council not to list Thomas Dick Photographic Collection (moveable heritage item) on the State Heritage Register under the Heritage Act 1977


Following the recommendation of the Heritage Council for listing the Thomas Dick Photographic Collection (moveable heritage item), I, Penny Sharpe, the Minister for Heritage, under section 34(1) of the Heritage Act 1977, have decided to direct the Heritage Council not to list the Thomas Dick Photographic Collection (moveable heritage item) on the State Heritage Register. The reasons for my decision are set out below.

Dated this 17th day of December 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

REASONS

I make this direction to the Heritage Council for the following reasons, noting that the Heritage Council of NSW considers that the Thomas Dick Photographic Collection (moveable heritage item) meets 5 of the 7 State heritage significance criteria (namely (a), (b), (c), (e) and (f)) established under section 4A(3) of the Heritage Act 1977 (the Act):

- More than 3 years have passed since the recommendation was sent to the former Minister.

- Since the making of the recommendation, there has been an objection made by an owner on the basis of the strong protections afforded to moveable heritage items by the Australian Museum Trust Act 1975.

- The Thomas Dick Birrpai Photograph Collection is now inscribed on the United Nations Educational, Scientific and Cultural Organization’s Australian Memory of the World Register, which has given it international recognition as a documentary collection.

Noting these matters, it is apparent that the recommendation does not address each of the matters that I am required to consider in making a decision under section 34(1) of the Act.

It would not be appropriate to direct the listing based on an out-of-date recommendation, being a matter to which I must then have regard in making a decision under section 34(1).

Consequently, I have decided not to direct the listing of Thomas Dick Photographic Collection (moveable heritage item) on the State Heritage Register.

Macquarie Homestead Group - 3397 O'Connell Road O'Connell

Direction to the Heritage Council not to list Macquarie Homestead Group on the State Heritage Register under the Heritage Act 1977


Following the recommendation of the Heritage Council for listing Macquarie Homestead Group, O’Connell, I, Penny Sharpe, the Minister for Heritage, under section 34(1) of the Heritage Act 1977, have decided to direct the Heritage Council not to list Macquarie Homestead Group on the State Heritage Register. The reasons for my decision are set out below.

Dated this 17th day of December 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

REASONS

I make this direction to the Heritage Council for the following reasons, noting that the Heritage Council of NSW considers that Macquarie Homestead Group meets 6 of the 7 State heritage significance criteria (namely (a), (b), (c), (e), (f) and (g)) established under section 4A(3) of the Heritage Act 1977 (the Act):

- More than 4 years have passed since the recommendation was sent to the former Minister.

- The owner raised an objection to the listing due to circumstances that arose more than a year after the original recommendation. These circumstances were not considered at the time of the Heritage Council’s recommendation.

Noting these matters, it is apparent that the recommendation does not address each of the matters that I am required to consider in making a decision under section 34(1) of the Act.

It would not be appropriate to direct the listing based on an out-of-date recommendation, being a matter to which I must then have regard in making a decision under section 34(1).

Consequently, I have decided not to direct the listing of Macquarie Homestead Group on the State Heritage Register.

The Maltings - Colo Street Mittagong

Direction to the Heritage Council not to list The Maltings on the State Heritage Register under the Heritage Act 1977


Following the recommendation of the Heritage Council for listing The Maltings, Mittagong, I, Penny Sharpe, the Minister for Heritage, under section 34(1) of the Heritage Act 1977, have decided to direct the Heritage Council not to list The Maltings on the State Heritage Register. The reasons for my decision are set out below.

Dated this 17th day of December 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

REASONS

I make this direction to the Heritage Council for the following reasons, noting that the Heritage Council of NSW considers that The Maltings meets 5 of the 7 State heritage significance criteria (namely (a), (b), (c), (f) and (g)) established under section 4A(3) of the Heritage Act 1977 (the Act):

- More than 6 years have passed since the recommendation was sent to the former Minister.

- Since the making of the recommendation, a Development Application (DA) has been approved for the site and a modification to that DA is being considered.

Noting these matters, it is apparent that the recommendation does not address each of the matters that I am required to consider in making a decision under section 34(1) of the Act.

It would not be appropriate to direct the listing based on an out-of-date recommendation, being a matter to which I must then have regard in making a decision under section 34(1).

Consequently, I have decided not to direct the listing of The Maltings on the State Heritage Register.

Toganmain Woolshed Precinct - Sturt Highway Darlington Point

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Toganmain Woolshed Precinct. I consider Toganmain Woolshed Precinct meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i.is important in the course, or pattern, of NSW's cultural or natural history because it demonstrates early shearing, pastoral, wool processing and transportation practices at a major Riverina property in the late 19th and 20th centuries. Toganmain was also significant for union uprisings which contributed to the development of the modern labour movement;
ii.has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history for its association with early European exploration and settlement in the Riverina NSW and for its direct associations with the Macleay family and founder of the Aborigines Progressive Association William Ferguson Jr;
iii.is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because it is one of the last great 'bush cathedrals' left standing to remind us of this era as well as for its capacity to demonstrate early pastoral and technical innovation in NSW.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation is necessary because:

i.I consider the item is of State heritage significance assessed against 3 of the criteria adopted under section 4A of the Act;
ii.Toganmain Woolshed Precinct contributes to an understanding and promotion of the State's heritage;
iii.Long-term conservation is required to encourage the preservation and understanding of Toganmain Woolshed Precinct for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because this portion of the larger Toganmain station was subdivided for the specific purpose of facilitating heritage listing while also ensuring that the surrounding commercial farming enterprise can continue and because exemptions can be negotiated in future when plans are further developed for a proposed interactive museum telling the history of shearing, and potential accommodation for visitors.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because they support the listing, and no evidence has been submitted by them that the listing will cause them financial hardship.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i.to promote an understanding of the State's heritage;
ii.to encourage the conservation of the State's heritage;
iii.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Toganmain Woolshed Precinct is required to promote and encourage the conservation and understanding of this State significant heritage and recognise the importance of its role as an iconic shearing enterprise and in the pastoral development of NSW.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government
27 November 2024

Wyoming (amendment) - 25 Wharf Road Birchgrove

SHR No. 00772

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Wyoming. I consider Wyoming meets the following State significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW's cultural or natural history as it retains evidence in its built form, planting and configuration of all phases of its European history from its initial development in the 1850s through to the substantially built and architecturally accomplished villa with substantial terraced gardens in the 1880s, conversion to maritime industrial use in early to mid-20th century, and late 20th century renewal as a residence with garden setting.

ii. Has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history as the house was largely built by prominent NSW architect G.A. Mansfield for Quarton Levitt Deloitte, Secretary of the Colonial Sugar Refining Co. and pioneer of Sydney Amateur Rowing Club, the 'father of NSW rowing'. Wyoming's State historical associations also extend to eminent Russian scientist, explorer and humanist, Nicholai Mikluho-Maklai.

iii. Is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW as an outstanding, large, substantially built, architecturally accomplished, relatively intact and restored example of Victorian Italianate marine villa of high quality construction and finishes, including a large terraced and restored garden.

iv. Possesses uncommon, rare or endangered aspects of NSW's cultural or natural history as one of a small group of comparable surviving Victorian marine villas on original allotments in landscaped settings, on inner western Sydney Harbour. It is rare for its scale, its retention of numerous original features including a sophisticated garden.

V. is important in demonstrating the principal characteristics of a class of NSW's cultural or natural places and cultural or natural environments as a representative example of a Victorian marine villa on Sydney Harbour, retaining its lot boundaries in an historic garden setting and its house plan form represents a whole class of villas.

B) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against 5 of the criteria adopted under section 4A of the Act

ii. Wyoming contributes to an understanding and promotion of the State's heritage

iii. Long-term conservation is required to encourage the preservation and understanding of Wyoming for current and future generations.

C) regarding whether amending the listing would render the item incapable of reasonable or economic use (section 32(1) of the Act), I have considered the material provided to me and do not consider amendment of the listing would render the item incapable of reasonable or economic use because the amendment would not prevent the ongoing current use as a dwelling.

D) regarding whether amending the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because no evidence has been submitted by them that the amendment will cause them financial hardship and site specific exemptions have been developed to manage the item into the future.

E) I consider, based on the material provided to me and the Heritage Council's recommendation, amending the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State's heritage

ii. To encourage the conservation of the State's heritage

iii. To provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Wyoming is required to promote and encourage the conservation and understanding of this State significant heritage.


The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government
20 November 2024

Elsie Refuge (former) - 73-75 Westmoreland Street Glebe

Direction to the Heritage Council to list Elsie Refuge (former) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Elsie Refuge (former), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 29th day of August 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Elsie Refuge (former) means the item subject to this direction being a place that includes two terrace house buildings, the front porches and back gardens of each of these buildings and comprising of Part Lot 87, Lot 88, and Part Lot 89 Deposited Plan 246729, located at 73-75 Westmoreland Street, Glebe, and as identified as the “State Heritage Register - Recommended Curtilage” on the Plan 3328 in Schedule A.


2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Elsie Refuge (former). I consider Elsie Refuge (former) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history because it is the first women’s refuge to operate in Australia and the nexus point for a change in understanding of domestic violence as an issue that required co-ordinated and continued government and community redress.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because it is associated with the Women’s Liberation Movement in Sydney, Anne Summers, one of Australia’s best known journalists and activists, and Bessie Guthrie, a pioneering advocate for victims of domestic and sexual violence.
iii. has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because it is a well-recognised ignition point in the movement to recognise the impact of violence against women and girls, commemorated in Elsie Walk and events marking its 50th anniversary.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against three of the criteria adopted under section 4A of the Act;
ii. Elsie Refuge (former) contributes to an understanding and promotion of the State’s heritage;
iii. Long-term conservation is required to encourage the preservation and understanding of Elsie Refuge (former) for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing does not prevent the ongoing current use of the item and site specific exemptions have been developed which will facilitate this ongoing use.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because no evidence has been submitted that the listing will cause financial hardship on the owner.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Elsie Refuge (former) is required to promote and encourage the conservation and understanding of this State significant heritage and important part of women’s history in NSW.

Powerhouse Museum Complex - 494 - 500 Harris Street Ultimo

SHR No. 02045

Following the recommendation of the Heritage Council to me to amend the listing of Ultimo Power House to encompass the Powerhouse Museum Complex, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 9th day of July 2024

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1.Interpretation
a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Powerhouse Museum Complex, Ultimo means the item subject to this direction being a place that includes several 19th century industrial buildings and post office, late 20th century museum buildings and courtyards which form a cohesive museum complex, connected visually and spatially and comprising of Lot 1 Deposited Plan 631345; Lot 1 Deposited Plan 781732; Lot 1 Deposited Plan 216854; Lot 3 Deposited Plan 631345; Lot 37 Deposited Plan 822345; Lot 1 Deposited Plan 770031, located at 494 - 500 Harris Street, Macarthur Street, Omnibus Lane, Ultimo, and as identified as the 'State Heritage Register - Recommended Curtilage' on the Plan 3326 in Schedule A.

2 - Reasons for decision to direct the Heritage Council

Material considered
2.1 I have received the recommendation of the Heritage Council dated 8 May 2024, that the Powerhouse Museum Complex be listed on the State Heritage Register. That recommendation comprised a meeting resolution of the Heritage Council of 8 May 2024, which attached a Summary Paper titled "Item 4.1 Recommendation to list (listing amendment) - Powerhouse Museum Complex, Ultimo", which in turn contained attachments as indexed, being:

* Tab 2a - Recommendation to List Powerhouse Museum Complex - Detailed Report (which includes a general location map)
* Tab 1 - Heritage Council Plan # 3326
* Tab 2b - Summary of Submissions
* Tab 2bi - 2bxiii - Submissions
* Tab 2bxiv - Database report
* Tab 2bxv - Existing (2020) Ultimo Power House (SHR 02045) listing and curtilage
* Tab 2c - Heritage Council Action item: 10 May 2024 Assessment Refinement.

2.2 Along with the Heritage Council's recommendation and its attachments, including all submissions, I have considered the Decision Brief prepared by Heritage NSW, together with its attachments.

2.3 I have carefully considered the totality of the Act, my responsibilities under that Act, and in particular the sections referred to in these reasons.

2.4 I note that the land is owned by the Trustees of the Museum of Applied Arts & Sciences (MAAS).

2.5 MAAS made a submission to the Heritage Council which I have considered.

Whether the item is of State heritage significance
2.6 I have formed the view that the Powerhouse Museum Complex meets the definition of State heritage significance in section 4A of the Act. That is, it is an item that is significant to the State because of its historical, scientific, cultural, archaeological, architectural, natural or aesthetic values. I have considered the question of that significance against the criteria established under section 4A (3) of the Act.

2.7 I have considered in particular the Heritage Council's recommendation and the submissions received by the Heritage Council, regarding the heritage values of the place.

2.8 The Heritage Council considered that four criteria were met for State heritage significance, for the detailed reasons set out in their recommendation. Those criteria are:

(a) an item is important in the course, or pattern of NSW's cultural or natural history.
(b) an item has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history.
(c) an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW.
(g) an item is important in demonstrating the principal characteristics of a class of NSW's cultural or natural places or cultural or natural environments.

2.9 MAAS initially raised objection to the listing in its submission on a number of grounds, including as to the identified heritage values of the Powerhouse Museum Complex. It has since provided verbal conditional support for listing subject to gazettal of agreed site-specific exemptions for managing the place.

2.10 I acknowledge the work done to develop site-specific exemptions agreed to by MAAS and note that these will assist ongoing management of the place, and clarifying to the community what its heritage significance is.

2.11 I have considered each of the criteria which the Heritage Council considered were met, and agree that each of those criteria are met:

i. The Powerhouse Museum Complex is important in the course, or pattern, of NSW's cultural or natural history because it was the first NSW state-owned, large electricity generating station and first one supplying power for Sydney's electric tramway network. When built and for years it was Australia's largest such plant and until 1963, one of NSW's largest and most important. It is significant as a place NSW electricity authorities trialled technological advancements, including steam turbines and large-scale, alternating current generation. The complex includes the Ultimo Tram Shed (former), the first tram shed in NSW, first of Sydney's electric tram depots and model for all others.

The complex as a whole has historic significance as an early, major and internationally influential example of adaptive reuse of industrial sites as a museum. It is also Australia's largest museum and a major cultural project marking the 1988 Bicentenary, a significant event in NSW history, including in raising the issue of Aboriginal rights on the international stage, through a major street protest march, challenging the very basis of the event.

ii. The Powerhouse Museum Complex has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history, including champions NSW Premier Neville Wran, Deputy Premier and Minister of Works, Jack Ferguson, designers Lionel Glendenning and Richard Johnson, Museum Director Lindsay Sharp, transport and engineering curator Norman Harwood and Railways' Chief Engineer Henry Deane (the Harwood Building, former Ultimo tram Depot), and the office of the NSW Government Architect, under Walter Liberty Vernon (Vernon was in charge of the office of the NSW Government Architect when the Ultimo Post Office was built).

iii. The Powerhouse Museum Complex has aesthetic value as a landmark group of buildings relating closely to the visual and architectural context and functioning of Ultimo, including one of the largest brick structures of its day (Boiler House and chimneys), original, largest Tram Shed (Ultimo Tram Depot), an outstanding example of a Federation era former (Ultimo) Post Office demonstrating aspects of Federation Classical and Romanesque styles. The former power station has technical significance as a site of technological transfer and innovation in electricity generation in NSW and possibly in Australia.

The complex as a whole has aesthetic and technical significance to NSW as a highly esteemed educational and cultural institution and tourist destination. Its form and use are held in demonstrable public esteem by NSW communities, including the Gadigal and Aboriginal communities, transport, machinery and engineering groups, architects, archaeologists, museum volunteers, historians, museologists, educators, heritage practitioners, tourists, donors, educators and visitors. These strong attachments are reflected in national and state awards, listings, high visitation from (at least) 1988 and long-standing campaigns for retention of the museum.

The Heritage Council's recommendation
2.12 I have considered the material contained in the Heritage Council's recommendation in coming to the conclusion in respect of heritage significance set out above.

2.13 I also consider the Heritage Council's recommendation to be a material factor in the approval of a heritage listing.

Whether long-term conservation of the item is necessary
2.14 I have determined that the long-term conservation of the Powerhouse Museum Complex is necessary for the following reasons:

i. I consider the item is of State heritage significance and meets four of the criteria adopted under section 4A of the Act. I have set out my reasons above regarding those criteria.

ii. Conservation of the Powerhouse Museum Complex is necessary to support intergenerational equity with respect to its State heritage values and to maintain those values for future generations.

iii. Conservation of the Powerhouse Museum Complex is consistent with the objects of the Act and is required to promote and encourage the conservation and understanding of this State significant place with shared Aboriginal and European tangible and intangible heritage values, in particular to promote an understanding of the State's heritage and to encourage the conservation of the State's heritage.

Whether the listing would render the item incapable of reasonable or economic use
2.16 I have considered whether the listing would render the item incapable of reasonable or economic use. In this respect:

i. I acknowledge MAAS's submission which, in summary, concludes that retaining 1988 Bicentenary project built form (the Wran Building) would curtail its opportunities to recognise First Nations peoples and values through considered co-design processes, because of its association with the 1988 Bicentenary. It also argues that retaining all built form would limit museum operations in the type and range of exhibitions it could host and limit its ability to adapt the complex for ongoing use as a museum.

ii. I note MAAS proposes to continue museum related use of the place. Its proposed revitalisation plans appear to be compatible with the assessed State significant values of the proposed amendment.

iv. I recognise that the Heritage Council recommendation focuses on use rather than fabric. The recommended site-specific exemptions have also been designed to allow for changes that support the ongoing function of the museum. I note MAAS supports these recommended exemptions.

Whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated
2.17 I have considered whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated. I note that the Heritage Council did not make a recommendation on this matter.

2.18 I understand there are no other persons who would be the separate mortgagee or lessee of the item. Therefore, my consideration of the matter is focused on MAAS as landowner.

2.19 I must first consider whether the listing will cause the owner to experience or suffer financial hardship, before turning to the question of whether this hardship is 'undue'.

Consideration whether the listing would cause the owner to experience or suffer financial hardship
2.20 I note that MAAS did not raise this factor in its submission.

Consideration whether the financial hardship would be 'undue' when assessed against the contextual heritage values of the item recommended for listing
2.23 I do not consider MAAS will experience or suffer undue financial hardship caused by the listing of the Powerhouse Museum Complex, because MAAS has not provided any claims or evidence that it will suffer financial hardship. It is therefore not possible to conclude, on the material provided, that any hardship to it by reason of the listing would be undue.


Dated this 9th day of July 2024

The Hon. Penny Sharple MLC
Minister for Heritage
NSW Government

Cooma Gaol - 1-5 Vale Street Cooma

Direction to the Heritage Council to list Cooma Gaol on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Cooma Gaol, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the place to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the place on the State Heritage Register. The reasons for my decision are set out below.


Dated this 5 day of July 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government



1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

B) Cooma Gaol means the item subject to this direction being a place that includes the main gaol buildings within the ashlar granite walls, the landscaping and former residences to the east of the gaol walls, the 1950s former staff residences, and industrial workshops to the south of the lot, and comprising of Lot 2, Section 50, DP 758280, located at 1-5 Vale Street, Cooma, and as identified as the ‘State Heritage Register - Recommended Curtilage’ on the Plan 3323 in Schedule A.

2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Cooma Gaol. I consider Cooma Gaol meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history as the oldest operational gaol in NSW and as the site of imprisonment for gay men, trans women and non-binary people in the 1950s
ii. Has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because of its association with the LGBTIQA+ population of NSW, including the Homosexual Law Reform Society and CAMP Inc, as well as the Trethowan Committee
iii. Is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because of its importance in demonstrating the design and construction techniques of a 19th century regional gaol and the ongoing adaptation and upgrade required of a working gaol
iv. Has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because of its historic use as a place for the incarceration of gay and trans individuals in the 1950s, the role of the place in the persecution of gay men and subsequent pursuit of law reform, and the importance of this in community consciousness and current discourse
v. possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history because it is the only known prison facility in the world which was specifically and explicitly used for the incarceration of gay men.

B) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act
ii. Cooma Gaol contributes to an understanding and promotion of the State’s heritage
iii. Long-term conservation is important to preserve Cooma Gaol for current and future generations.

C) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)© of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing does not prevent the ongoing current use of the item and site specific exemptions have been developed which will facilitate this ongoing use.

D) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or managers because they support the listing and no evidence has been submitted by them that the listing will cause them financial hardship.

E) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

a. to promote an understanding of the State’s heritage
b. to encourage the conservation of the State’s heritage
c. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Cooma Gaol is required to promote and encourage the conservation and understanding of this State significant heritage and symbol of the experience of LGBTIQA+ people in NSW history.

Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape - 56R, 63R, 65R, 67-73 Yarra Road Phillip Bay

Direction to the Heritage Council to list Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 27th day of June 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

1.Interpretation

a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape means the item subject to this direction being a precinct that includes the coastal landscapes of Frenchmans Bay and Yarra Bay, their beaches, and a 200 metre wide section of the adjacent sea and comprising of the lots listed in Schedule A, located at Port Botany, Matraville, Phillip Bay, and La Perouse, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3298 in Schedule A.

2.Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape. I consider Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i.is important in the course, or pattern, of NSW's cultural or natural history because it is the place where some of the earliest moments of the shared Aboriginal and European history of Australia occurred. It also has the ability to demonstrate extensive use and occupation by Aboriginal people, long before and after the European invasion and settlement of Australia
ii.has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history because of its strong association with the La Perouse Aboriginal community, the explorer Captain James Cook, Captain (later Governor) Arthur Phillip, and the French scientific expedition led by Jean-Francois de Galaup, Comte de la Perouse
iv.has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons because of its great cultural importance to the La Perouse Aboriginal community and its social value to the French community in Australia and overseas
v.has potential to yield information that will contribute to an understanding of NSW's cultural or natural history because it has the ability to provide information about the history of the Bidjigal or Bediagal people and their connection to this land, as well as the visit of the French scientific expedition
vi.possesses uncommon, rare or endangered aspects of NSW's cultural or natural history because it is a rare place in metropolitan Sydney where an Aboriginal community retained a strong unbroken connection to the land and sea of their Country.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i.I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act
ii.Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape contributes to an understanding and promotion of the State's heritage
iii.long-term conservation is required to encourage the preservation and understanding of Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing will support the continued recreational and commercial uses of the item.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because no evidence has been submitted by the owners or lessees that the listing will cause them financial hardship.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

a.to promote an understanding of the State's heritage
b.to encourage the conservation of the State's heritage
c.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Gooriwal (Frenchmans Bay and Yarra Bay) Cultural Landscape is required to promote and encourage the conservation and understanding of this State significant heritage because it is the place where some of the earliest moments in the shared Aboriginal and European history of Australia occurred.

Captain Moonlite and James Nesbitt's Graves - 58 William Street Gundagai

Direction to the Heritage Council to list Captain Moonlite and James Nesbitt's Graves on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Captain Moonlite and James Nesbitt's Graves, I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 26th day of June 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

1.Interpretation

a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Captain Moonlite and James Nesbitt's Graves means the item subject to this direction being a place including the unmarked grave of James Nesbitt and its relics, and the marked grave of Andrew Scott (Captain Moonlite) including the headstone, any relics, and the associated eucalyptus tree and comprising of part lot 1 Deposited Plan 1041398, located at 58 William Street, Gundagai, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 3324 in Schedule A.

2.Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Captain Moonlite and James Nesbitt's Graves. I consider Captain Moonlite and James Nesbitt's Graves meet the following State heritage significance criteria established under section 4A(3) of the Act as they:

i.are important in the course, or pattern, of NSW's cultural or natural history because they tell the story of Captain Moonlite and his gang (which included James Nesbitt) and the important insight they provide into male same-sex relationships in the 19th century.
ii.Have strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history because of their strong connection with Andrew George Scott, aka Captain Moonlite, and his gang.
iii.Possess uncommon, rare or endangered aspects of NSW's cultural or natural history because they represent a rare counternarrative within the broader historical discourse of masculinity, relationships, and crime in Australian bushranging.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i.I consider the item is of State heritage significance assessed against three of the criteria adopted under section 4A of the Act
ii.Captain Moonlite and James Nesbitt's Graves contribute to an understanding and promotion of the State's heritage
iii.Long-term conservation is required to encourage the preservation and understanding of Captain Moonlite and James Nesbitt's Graves for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing will not impact the continued use of the cemetery and will support the ongoing use of the item for tourism.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners or managers because there is support for the listing and no evidence of the financial status or hardship of the owners was provided to me.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i.to promote an understanding of the State's heritage
ii.To encourage the conservation of the State's heritage
iii.To provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Captain Moonlite and James Nesbitt's Graves is required to promote and encourage the conservation and understanding of this State significant heritage as it provides a rare window into male same-sex relationships in the 19th century and challenges typical stereotypes of Australian bushrangers.

Kwong War Chong Building - 82-84 Dixon Street Haymarket

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of the Kwong War Chong Building. I consider the Kwong War Chong Building meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. Is important in the course, or pattern, of NSW’s cultural or natural history because it is a highly intact early 20th century Chinese Australian commercial premises which represents a rare link to early Chinatown when Dixon Street formed the business and cultural centre of the Chinese Australian community. The use of the building by Chinese Australian-owned and operated businesses was continuous from its construction in 1910 until 2017.
ii. Has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history because it was built for merchants Philip Lee Chun and the Kwong War Chong & Company. The shop, associated stores, and accommodation, have ongoing connections to the wider Chinese migrant communities of Sydney and New South Wales.
iii. Is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW because the primary façade of 82-84 Dixon Street is representative of the Edwardian character of the Haymarket area at the time of Chinatown’s inception. The evocative historic shopfront is the only example from this period fronting the Dixon Street pedestrian mall. It provides a window into the character of development during the historic beginnings of Australia’s largest Chinatown.
iv. Has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history because its façade, interiors and moveable heritage provide unique insights into aspects of the history of the Chinese in Australia including 20th and 21st century trade, banking, culinary, lodging and funerary functions, and the continuing connection with China.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against four of the criteria adopted under section 4A of the Act
ii. the Kwong War Chong Building contributes to an understanding and promotion of the State’s heritage
iii. long-term conservation is required to encourage the preservation and understanding of the Kwong War Chong Building for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because it is already protected by local heritage listing which requires it to be sympathetically managed into the future. In addition, the Heritage Council is committed to working with the City of Sydney Council and the owner to ensure sympathetic commercial use can occur to support ongoing economic viability.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because no evidence of the financial status or hardship of the owners was provided to me.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State’s heritage
ii. to encourage the conservation of the State’s heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the Kwong War Chong Building is required to promote and encourage the conservation and understanding of this State significant heritage as a highly intact early 20th century Chinese Australian commercial premises which represents a rare link to early Chinatown.

Penny Sharpe MLC, Minister for Heritage, 9 June 2024

Transport House, Redfern (former) - 199 Cleveland Street Redfern

SHR No. 02091

Direction to the Heritage Council to list Transport House, Redfern (former) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Transport House, Redfern (former), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.


1.Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Transport House, Redfern (former) means the item subject to this direction being a place comprising of Lot 3 DP 430312, located at 199 Cleveland Street, Redfern, and as identified as the 'State Heritage Register Recommended Curtilage' on the Plan 3309 in Schedule A, and includes a modified Victorian town house, a mid-block courtyard and a rear-block hall/ theatre building.


2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of Transport House, Redfern (former). I consider Transport House, Redfern (former) meets the following State heritage significance criteria established under section 4A (3) of the Act as it:

i. is important in the course, or pattern, of NSW's cultural or natural history because it has made considerable contributions to 'Radical Sydney', a centre for protest, activism, subversion, theatre and arts in NSW, through three decades as the headquarters of the Australian Railways Union. From 1980 to 2020, it hosted experimental performance arts and theatre to the public as The Performance Space, contributing to many careers.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history as headquarters for the NSW Branch of the Australian Railways Union it is associated with three prominent, influential branch secretaries: Arthur Chapman, Lloyd Ross and Jack Ferguson. It has strong associations with Chris Louis, who built a network of cinemas across NSW. It has associations with generations of Australian performance artists associated with 199 Cleveland Street Theatre and The Performance Space, under its founder Mike Mullins and various directors. The place has strong associations with confectioner and philanthropist, James Stedman JP, whose home 'Melrose' it was before 1931.
iii. possesses uncommon, rare or endangered aspects of NSW's cultural or natural history because it is a gentry town house, converted to a union headquarters and public theatre and performance space.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against three of the criteria adopted under section 4A of the Act.
ii. Transport House, Redfern (former) contributes to an understanding and promotion of the State's heritage.
iii. Long-term conservation is required to encourage the preservation and understanding of Transport House, Redfern (former) for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because site specific exemptions have been developed which will assist and support the owner and tenants in ongoing management of the site as a theatre, performance art space and offices.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners because no evidence of the financial status or hardship of the owners was provided to me.

e) I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

i. to promote an understanding of the State's heritage
ii. to encourage the conservation of the State's heritage
iii. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Transport House, Redfern (former) is required to promote and encourage the conservation and understanding of this State significant heritage item of a rare inner city gentry town house, adapted as a major union headquarters with workers' theatre and later adapted as a public experimental theatre and performance arts venue. It has done much to build New South Wales' industrial and labour relations, 'Radical Sydney' activism and has various significant historic associations with notable people in the manufacturing, railways unions and arts world.


Dated this 3rd day of June 2024

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

Fitz Roy Iron Works Precinct (and moveable heritage) - 197 Old Hume Highway Mittagong

Direction to the Heritage Council to list the Fitz Roy Iron Works Precinct (and moveable heritage) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list the Fitz Roy Iron Works Precinct (and moveable heritage), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 28th day of May 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government

1.Interpretation

a)Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b)Fitz Roy Iron Works Precinct (and moveable heritage) means the item subject to this direction being two separate moveable heritage collections, two archaeological sites and a building comprising of Lots 2 and 4 DP 1142703, part Lot A DP 26366, Lot 19 DP 26366, and part untitled road and pathway reserve, located at 3/185 Old Hume Highway, 197 Old Hume Highway, and 42A Bessemer Street, Mittagong, and as identified as the "State Heritage Register - Recommended Curtilage" on the Plan 2835 in Schedule A.

2.Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:

a)regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council's assessment of the State heritage significance of the Fitz Roy Iron Works Precinct (and moveable heritage). I consider that the Fitz Roy Iron Work Precinct (and moveable heritage) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i.is important in the course, or pattern, of NSW's cultural or natural history because it demonstrates the earliest phase of the development of a viable iron industry in NSW and Australia
ii.has strong or special association with the life or works of a person, or group of persons, of importance in NSW's cultural or natural history because of its strong association with Enoch Hughes, one of the most influential figures in the development of the Australian iron industry
iii.has potential to yield information that will contribute to an understanding of NSW's cultural or natural history because both archaeological sites have archaeological and historical research potential due to their rare and unique nature and the insight they can provide into the 19th century iron making process
iv.possesses uncommon, rare or endangered aspects of NSW's cultural or natural history because it was the first site in NSW and Australia where iron was smelted from native ores and processed for commercial purposes
v.is important in demonstrating the principal characteristics of a class of NSW's cultural or natural places and cultural or natural environments because the Fitz Roy Iron Works Archaeological Site retains the most intact known 19th century assemblage relating to the secondary processing of smelted iron.

b)regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i.I consider the item is of State heritage significance assessed against five of the criteria adopted under section 4A of the Act
ii.The Fitz Roy Iron Works Precinct (and moveable heritage) contributes to an understanding and promotion of the State's heritage
iii.Long-term conservation is required to encourage the preservation and understanding of the Fitz Roy Iron Works Precinct (and moveable heritage) for current and future generations.

c)regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because listing will allow the continued use of part of this item as a restaurant and support the continued use of the whole item as an important educational tool for school students and the general public.

d)regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners as the owners support the listing and no evidence of the financial status or hardship of the owners was provided to me.

e)I consider, based on the material provided to me and the Heritage Council's recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

a.to promote an understanding of the State's heritage
b.to encourage the conservation of the State's heritage
c.to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of the Fitz Roy Iron Works Precinct (and moveable heritage) is required to promote and encourage the conservation and understanding of this State significant heritage as it was the first site in NSW where iron was smelted from native ores and processed for commercial purposes.

Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) - 380 Military Road Cremorne

Direction to the Heritage Council to list Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) on the State Heritage Register under the Heritage Act 1977

Following the recommendation of the Heritage Council to me to list Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre), I, Penny Sharpe, the Minister for Heritage, under section 34(1) and in accordance with section 32(1) of the Heritage Act 1977 (the Act), consider the item to be of State heritage significance, and having considered the matters set out in section 32(1) of the Act, have decided to direct the Heritage Council to list the item on the State Heritage Register. The reasons for my decision are set out below.

Dated this 25 May of 2024.

The Hon Penny Sharpe MLC
Minister for Heritage
NSW Government


1. Interpretation

a) Words and expressions in this direction have the same meanings as they do in the Act, except in so far as the context requires or as otherwise defined in this clause.

b) Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) means the item subject to this direction being a building comprising of Lot 10 DP 951095, Lot 9 Section 1 DP 975041, Lot 8 Section 1 DP 978497, and Lots 1 and 2 DP 1106512, located at 380 Military Road, Cremorne, and as identified as the ‘State Heritage Register - Recommended Curtilage’ on the Plan 3318 in Schedule A, and includes a building, its exterior, interiors and fixtures.


2. Mandatory considerations and reasons

I have considered the mandatory matters in accordance with section 32(1) of the Act and make this direction for the following reasons:
a) regarding the recommendation made to me by the Heritage Council (section 32(1)(a) of the Act), I acknowledge and accept the Heritage Council’s assessment of the State heritage significance of Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre). I consider Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) meets the following State heritage significance criteria established under section 4A(3) of the Act as it:

i. is important in the course, or pattern, of NSW’s cultural or natural history as an excellent and rare surviving example of a suburban theatre that played a key role in the heyday of the movie-going phenomenon.
ii. has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history for its association with renowned theatre architects, entrepreneurs, and performers.
iii. is important in demonstrating aesthetic characteristics and a high degree of creative or technical achievement in NSW for its rich decoration of both geometric and symbolic types, representing a notable range of the Art Deco style.
iv. has strong or special association with a particular community or cultural group in NSW for social, cultural or spiritual reasons for its social values to theatre enthusiasts across NSW as a suburban entertainment and social gathering place since 1935.
v. has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history for its potential to yield further information about the history of cinema going and technological developments for cinemas during the 20th century.
vi. possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history as a rare surviving purpose-built Art Deco style theatre from the heyday of the moviegoing phenomenon in NSW that retains its historical use.

b) regarding whether long-term conservation of the item is necessary (section 32(1)(b) of the Act), I have determined long-term conservation necessary because:

i. I consider the item is of State heritage significance assessed against six of the criteria adopted under section 4A of the Act.
ii. Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) contributes to an understanding and promotion of the State’s heritage.
iii. Long-term conservation is important to preserve the building and encourage an understanding of Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) for current and future generations.

c) regarding whether the listing would render the item incapable of reasonable or economic use (section 32(1)(c) of the Act), I have considered the material provided to me and do not consider the listing would render the item incapable of reasonable or economic use because the owners have been consulted in the development of site specific exemptions which will allow them to continue to operate the item as a commercial cinema.

d) regarding whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated (section 32(1)(d) of the Act), I have considered the material provided to me and do not consider the listing would cause undue financial hardship to the owners as they do not object to the listing and no evidence of the financial status or hardship of the owner was provided to me.

e) I consider, based on the material provided to me and the Heritage Council’s recommendation, the listing would further the objectives of the Act, in particular (section 3 of the Act):

a. to promote an understanding of the State’s heritage
b. to encourage the conservation of the State’s heritage
c. to provide for the identification and registration of items of State heritage significance.

This is because I consider the preservation of Hayden Orpheum Picture Palace (formerly Cremorne Orpheum Theatre) is required to promote and encourage the conservation and understanding of this State significant heritage as a rare surviving suburban Art Deco style cinema still in operation.