Heritage Grant Application Conditions

Heritage Grant Application Conditions

Working together to conserve our past

This document and the completed Heritage Grant Application form will govern and form part of any Heritage Grant you may receive.

1. SCOPE OF A HERITAGE GRANT

A Heritage Grant (‘Grant’) will assist in funding ‘Conservation Projects’. Projects can be Documentation Projects and/or Construction Projects.

‘Documentation Projects’ include:

(a) preparing drawings and specifications associated with conservation work, and preparing conservation plans; and/or

(b) other reports resulting from investigating the built fabric.

‘Construction Projects’ include:

(a) restoring, maintaining, repairing or reinstating elements of the heritage fabric (such as installing new gutters, repairing timber joinery, re-roofing to match the original material/profile); reversing unsympathetic alterations to reveal original form and materials (but not including other types of demolition);

(b) re-painting the building in the original colours or in a colour scheme that reflects its heritage significance, as identified through a paint analysis; removing paint to uncover the original substrate or cleaning masonry; and/or

(c) building work that ensures public safety and prevents structural failure or damage to the heritage fabric, such as improving drainage around the building.

2. ELIGIBILITY FOR A HERITAGE GRANT

The Applicant

The Applicant must:

(a) be the owner of a property on the City Plan Heritage Register (‘Heritage Place’); and not located within an Urban Development Area unless a satisfactory protocol for development assessment of Heritage Places in that area is established between the Council and the Urban Land Development Authority (ULDA); and

(b) not be the Commonwealth, Queensland or local government (or any agency, authority, instrumentality, statutory entity or related body corporate of any of them) nor a person, organisation or voluntary group leasing or caring for a Heritage Place owned by the above; and

(c) not have modified the subject Heritage Place, since its heritage listing or since acquiring the listed property in a manner that detracts from its heritage value.

The Work

The following types of work are not eligible for a Heritage Grant:

(a) total of conservation projects costing less than $1,000; or

(b) routine maintenance work to the Heritage Place, such as termite treatment, unblocking drains or pruning trees; or

(c) work not directly contributing to conserving the Heritage Place, such as replacing non-original kitchen/bathroom fit-outs, re-wiring, re-plumbing, installing security devices, building extensions, new structures or swimming pools, paving and landscaping (unless this work reinstates culturally significant elements or prevents damage to the heritage structure).

(d) work to non-significant parts of a Heritage Place (such as later extensions).

Grant Funding

(i) Small grants may be allocated up to a maximum of $3,000 but not exceeding 30% of the project cost for small conservation projects ($1,000 - $15,000 project cost).

(ii) Large grants may be allocated up to a maximum of $10,000 but not exceeding 20% of the project cost for larger conservation projects (over $15,000 project cost).

(iii) Non-profit organisations may receive up to a maximum of $15,000 but not exceeding 40% of the conservation project cost (over $1,000 project cost). Council may require evidence of non-profit status.

The total amount of grants allocated to a heritage place must not exceed the relevant maximum allowable over two consecutive years.

As funding is limited, not every eligible application will necessarily receive a grant or the maximum grant requested.

3. TIMING OF APPLICATIONS

Applications can only be submitted following preliminary discussion with Council’s City Architecture and Heritage Team. Applications must include plans and drawings, as required to clearly depict the proposed works and a minimum of two written quotes clearly specifying the scope and modality of the work being undertaken. In special circumstances consideration may be given to an Applicant providing only one quote.

Applications can be submitted at any time from 1 July until 30 June for each financial year. Eligible applications will be registered with Council (“Registered Grant”). Upon receipt of confirmation from Council of the Registered Grant, the Applicant may start the work the subject of the Grant, subject to Condition 8 (c).

After the work has been satisfactorily completed, Council will consider the approval of the allocation and payment of grants (see Condition 6).

PLEASE NOTE: Council has discretion to approve or refuse the allocation and payment of grants even after the work has been completed. If the work related to a Registered Grant is not completed within 12 months from the date of registration, the grant will be cancelled unless an extension request, explaining the reasons for the delay, is submitted in writing by the Applicant for Council’s consideration. Council will make a decision to grant or refuse an extension. Council’s decision is final and cannot be appealed.

4. ADMINISTRATION OF DOCUMENTATION PROJECTS

Council’s City Architecture and Heritage Team may assist the Applicant in producing a brief for specialist consultants to prepare a conservation plan, drawings and specifications for Conservation Work.

Upon confirmation of the Registered Grant from Council, the Applicant will provide the above documentation in draft form to Council’s City Architecture and Heritage Team for comment prior to the final issue of the documents.

The Applicant’s heritage consultant must provide final documentation to Council so that the City Architecture and Heritage Team can certify that such documentation complies with the Heritage Grant Application Conditions.

Once the Documentation project has been certified, Council may allocate and reimburse the Applicant the registered Grant amount, subject to Conditions 6 and 9.

5. ADMINISTRATION OF CONSTRUCTION PROJECTS

A Council City Architecture and Heritage Team Architect will make at least one site inspection to ensure the Construction Project has been carried out to a satisfactory standard before the Grant is allocated and paid to the Applicant, subject to conditions 6 and 9.

6. ALLOCATION AND PAYMENT OF THE GRANT

On completion of the Project to Council’s satisfaction, Council will consider the request for funding and decide on the allocation and payment of grant (“Grant Allocation/ Payment”).

Council may approve the Grant Allocation/Payment for each Registered Grant at its discretion in accordance with merit and urgency. Non-profit organisations will be given priority.

If no money is available in the current financial year, Registered Grants may be considered for allocation and payment in the following financial year.

Council’s decision is final and cannot be appealed.

Grant Allocations will be paid in the form of reimbursement.

Grant Allocations/Payments are subject to:

(a) The Applicant notifying the Council City Architecture and Heritage Team when the Project has been completed and providing:

(i) original invoices of costs (including GST);

(ii) original proof of payment (such as receipts);

(iii) a tax invoice (if applicable, see Condition 7); and

(b) A Council City Architecture and Heritage Team Architect making a site inspection to certify that the work has been completed in compliance with:

(i) the Registered Grant terms;

(ii) the Heritage Grant Application Conditions;

(iii) associated support documentation (such as plans, drawings and specifications); and (iv) other relevant approvals.

7. GST

GST may apply to the Grant depending upon the Applicant’s GST registration status.

If an Applicant is not GST-registered then GST does not apply to the Grant funding.

If the Applicant has no Australian Business Number (ABN) and is unable to provide a ‘Statement by a Supplier’ completed to the satisfaction of Council, then Council is required to withhold tax from the Applicant’s allocated Grant amount. The prescribed withholding rate is currently 46.5%.

This rate is subject to change.

Any tax withheld must be remitted to the Australian Taxation Office. A Statement by Supplier is an administrative form that provides the only valid choices for not quoting an ABN. It is available from the Australian Tax Office website at www. ato.gov.au

If an Applicant is GST-registered, then Council will ‘gross-up’ the Applicant’s allocated Grant amount by the rate of GST applicable at the time the grant was approved, provided at the time of payment the Applicant has provided Council with a valid tax invoice in relation to the Grant. Council shall be the sole determinant of whether the tax invoice provided is valid. Currently the rate of GST is 10%. This rate is subject to change.

In detailing the Applicant’s project, as is outlined in the Heritage Grant application, costs, expenses, liability, damages or similar amounts shall include GST. However where the applicant is GST registered the amount determined shall be less any amount for which the Applicant is, or would be, entitled to claim an Input Tax Credit under the GST Law.

8. THE APPLICANT’S OBLIGATIONS

The Applicant agrees:

(a) to perform the Project in accordance with the terms set out in the registration summary and these Conditions, unless otherwise agreed in writing by the Applicant and Council;

(b) that the work the subject of the Grant will contribute to conserving the Heritage Place, and that the work will be in accordance with accepted conservation principles, as outlined in The Burra Charter (The Australia ICOMOS Charter for Places of Cultural Significance);

(c) that, prior to starting any Construction Project, the subject of the Grant, the Applicant will obtain all approvals, authorisations, permits and consents required by statute, regulation or local laws in respect of the proposed Construction Project;

(d) to display the signage provided by Council (acknowledging Council’s Grant contribution) on the subject Heritage Place for the duration of one month after the Grant Allocation has been paid, and ensure it is visible from the street;

(e) to allow a Council City Architecture and Heritage Team Architect, after the Construction Project has been completed, to access the Heritage Place and inspect the work in accordance with Condition 5;

(f) that should the Project run over budget, Council will not be responsible nor obliged to pay any monies additional to the Registered Grant amount;

(g) that should the Project come in under budget, the Grant Allocation/Payment amount will be reduced, at the time of fully acquitting the Grant;

(h) to be responsible and liable for the Project, the subject of the Grant, being carried out to a high professional standard;

(i) not to assign, in whole or in part, their benefits under the Grant without the prior written consent of Council;

(j) to indemnify Council in relation to any loss or expense incurred or sustained by Council arising from the Applicant’s breach of any of its obligations under these Conditions; and

(k) that any inspection, certification, acceptance or direction given by a Council City Architecture and Heritage Team Architect or other staff member in respect of the Project, the subject of the Grant, does not :

(i) derogate from or lessen the Applicant’s responsibility and liability to comply with its obligations in respect of the standard of work carried out on the subject Heritage Place;

(ii) constitute acceptance by Council of any liability or any act which will lessen the Applicant’s liability; or

(iii) constitute either a waiver of the Applicant’s obligations under these Conditions or certification that the Applicant has properly fulfilled its obligations or operate as any other form of estoppels or restriction of Council’s rights pursuant to these Conditions, at law or in equity.

9. ACQUITTAL OF HERITAGE GRANT

If the Project the subject of the Grant is not completed within the financial year in which the Grant was registered, Council will permit the Registered Grant to be carried over to the following financial year up to 12 months from Registration (“the permitted period”). If the Project is not completed by the end of the permitted period, the Registered Grant application will be cancelled, unless an extension request is submitted in writing by the Applicant for Council’s consideration.

10. AUDIT REQUIREMENTS

The Applicant will keep and maintain adequate records and accounts (including all invoices and receipts) in relation to Grant expenditure, the Project generally and the implementation and progress of the Project.

Council reserves the right to appoint an auditor to substantiate the implementation and progress of the Project and any Grant payment claims. Action will be taken for any breaches found.

The Applicant:

(a) agrees to permit Council and its auditors, at reasonable times and with reasonable notice, to inspect and audit records kept by the Applicant regarding the Project;

(b) will give to Council and its auditors all necessary facilities and assistance to enable them to conduct the audit; and

(c) must retain all records and accounts in original form for at least 36 months following the date for acquittal of the Grant.

11. NO FETTER OF COUNCIL’S DISCRETION

Council, in its role as local authority is not obliged to consent to anything to which it would be unlawful to consent, or which relevant officers of Council consider in their discretion to be unlawful, inappropriate or undesirable.

To avoid doubt, nothing contained in these Conditions will affect, prejudice or derogate from the requirements of any statute, proclamation, Order in Council, rule, regulation, ordinance, by-law or local law or from the rights, powers and authorities of Council under the provisions of any such enactment or under any declared policy of Council.

12. TERMINATION & DISPUTE RESOLUTION

Council may refuse to allocate grant money to the Registered Grant or may terminate the Grant Allocation/ Payment immediately upon giving written notice to the Applicant if:

(a) the Applicant fails to observe or perform any of the obligations imposed pursuant to these Conditions;

(b) the Applicant assigns any of its rights or obligations or purports to assign, sub-contract or otherwise divest itself of any of its rights or obligations under these Conditions;

(c) the Applicant enters into any form of insolvency administration;

(d) the Applicant applies any or all of the Grant money for any purpose other than the purpose for which it was allocated by Council;

(e) the Applicant abandons or refuses to proceed with the Project, the subject of the Grant;

(f) the Project is not completed by the end of the acquittal period as provided for in Condition 9; or

(g) Council is of the reasonable opinion that:

(i) the Applicant has engaged in conduct that is detrimental or harmful (or has the potential to be so) to the good name, reputation or interest of Council; or