NSW Heritage Act 1977 NSW Heritage Office NSW Legislation

Some history…

The Rocks are of Sydney was first earmarked for demolition in 1901 following the outbreak of Bubonic Plague around the foreshore areas. The Government of the day decided to buy up the land in an attempt to improve wharfage facilities and also to provide better quality rental accommodation for local residents who were employed in waterside industries.

At the time, artist Julian Ashton organised his friends and his art students to record The Rocks for posterity as even then, some recognised that The Rocks occupied a special place in Australia's heritage. Many of these art works still survive in public and private collections while Ashton's grandson still operates the family's art school in The Rocks.

Some of the originally proposed wharf schemes were completed and remain to this day, (Walsh, Jones and Woolloomooloo Bays), but the wholesale demolitions were delayed throughout the 20th century due to World War 1, the Great Depression and World War 2.

High-rise plans
In the 1960s new schemes were formulated to transform The Rocks into a sea of high-rise towers and the National Trust was asked to nominate historic buildings in The Rocks it considered worthy of preservation.

Only one was deemed to be worth keeping, Cadman’s Cottage built in 1816. Even then, it was advised, it could be dismantled and re-erected in a park out of the way of the new development.

But as many models and proposals were circulated, a growing awareness developed in the community that places such as The Rocks were an important part of the Nation's built heritage.

The final scheme was exhibited in the Argyle Stores in 1971 and sparked major protests from the local community. The Rocks Residents Action Group, led by the late Nita McRae, contacted the Builders Labourers Federation and its secretary Jack Mundey to try and halt the proposal.

Green bans to save our heritage
What resulted was the imposition of Green Bans on any redevelopment in the area, which prevented any demolition until a compromise could be arranged. Those bans essentially saved The Rocks.

As a result, all buildings north of the Cahill Expressway were to be retained, conserved and restored as commercial tenancies. Residents who were moved out of the terraces in George, Playfair and Atherden Streets were rehoused in the Sirius Building, the newly constructed block of housing units in Cumberland St overlooking The Rocks and the harbour.

The Green Bans also had far reaching political repercussions. In 1975 the Australian Heritage Commission Act was passed following the Commission of Inquiry into the National Estate. This Act set about the identification and protection of both built and natural items considered of importance to the people of Australia.

Within two years the NSW Government passed its own Heritage Act which is still considered one of the strongest legislative controls for managing heritage items in the world.

The NSW Heritage Act 1977 offers protection for ‘relics’, which are defined as:
‘any deposit, object or material evidence: a) which relates to the settlement of the area that comprises New South Wales, not being aboriginal settlement; and b) which is 50 or more years old.’

Division 9 of the Act specifically deals with the protection of relics proscribing that:
‘a person shall not disturb or excavate any land for the purpose of discovering, exposing or moving a relic....except in accordance with an excavation permit.’ (s139)

Indigenous cultural remains are protected under the provisions of the National Parks and Wildlife Act 1974. To date, however, little evidence of occupation by the Cadigal of Sydney Harbour has been uncovered in archaeological works in The Rocks.

Last updated: 25 February 2005