Document ID: chunk:federal_register_of_legislation:F2021L01306:reg:93:p8
Version: federal_register_of_legislation:F2021L01306
Segment Type: reg
Provision Reference: reg 93 (pt 8/10)
Character Range: 222391–225245

loss of heritage significance - the extent to which the heritage features of the building are essential, or merely incidental, to the heritage significance of the building".

  Human rights and equal opportunities legislation also includes protection against discrimination on the basis of colour, culture or creed. In providing access to Heritage Properties not catering for people from other cultures could be considered as discrimination.

  5.11      Moral Rights

  The Copyright Amendment (Moral Rights) Act 2000 does not prevent a building from being altered without the architect's consent, but it does require the owner to notify the architect before the alterations or demolition take place.

  Some details are:
>         Moral rights include:
– The right of attribution – to identify the architect whenever a project an architect has designed is constructed, or the work is reproduced;
– The right of integrity – the architect to be informed if a project they have designed is to be altered or demolished.
>         The Act also protects architects against false attribution and derogatory treatment of their work.
>         The rights of attribution last 50 years after the death of the architect.

       >        The obligation to honour moral rights extends to anyone who intends to make a visual, spoken or written reference to a work or architecture; anyone who intends to alter, relocate or demolish a work of architecture; and to all members of a team involved in a work of architecture.
>        The difference between copyright and moral rights is that Copyright relates to the commercial value of a design, whereas moral rights relate to the honour and reputation of the designer.
>        Once notified the original architect has the choice of doing nothing or of requesting consultations to discuss the owner's proposals, which are required to be held in 'good faith' and to make a record of the project, before the alterations or demolition take place. However, the architect should promptly inform the person who has notified them of their decision.
>        The original architect can make a record of the building before the alterations or demolition take place. If so, requested the Architect "should notify the owner promptly of their decision". The Architect is required to complete the process within the second period of 3 weeks. The owner is also required to give the architect reasonable access.

  If the original architect wishes to discuss the proposed alterations or demolition with the owner, they must notify the owner of their decision within the initial period of 3 weeks. The architect and the owner are obliged to enter these consultations 'in good faith'. In the consultations, the architect should recognise the owner's rights and avoid unduly frustrating the process. Also remember the architect is more