1.0 General Conditions

 

About the NSW State Heritage Inventory

 

The State Heritage Inventory is a digital database maintained by the Heritage Council of NSW that includes statutory heritage items of State and local heritage significance.  Environmental planning instrument spatial datasets are sourced from the NSW planning database.

 

The State Heritage Inventory is a requirement of s.21(e) of the Heritage Act 1977.

 

Access and use of the State Heritage Inventory

 

The NSW Government grants you a non-exclusive, non-transferable licence to access and use the State Heritage Inventory in accordance with these terms and conditions.

 

Agreement to these terms and conditions of use

 

These terms and conditions (as amended from time-to-time) govern the use of State Heritage Inventory. By clicking the 'I Agree' button you acknowledge that you understand and agree to be bound by these terms and conditions.

 

New or revised terms and conditions

 

The Department may amend or vary these terms and conditions at any time at its own discretion and may do so without giving you any prior notice.

 

Internet charges

 

You are responsible for any internet connection fees that you incur.

 

Service availability

 

The Department is unable to guarantee that the services provided to you by the State Heritage Inventory will be available at any or all specific times and that these services will operate error-free as the provision of these services is influenced by the availability of related computer systems. The Department makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the State Heritage Inventory home page.

 

Governing law

 

Your access to and use of the State Heritage Inventory is governed by the laws of New South Wales and the Commonwealth of Australia. By clicking the “I Agree” button, you agree to submit to the non-exclusive jurisdiction of the courts in NSW and the Commonwealth.

 

2.0 Disclaimer

 

By clicking the ‘I Agree’ button, you agree that the Department will in no way be held liable for any loss, damage or injury arising as a result of your use or reliance on the State Heritage Inventory or linked sites, or any indirect or consequential punitive or special damages or loss of profit arising as a result of your use or reliance on the NSW State Heritage Inventory or linked sites.

 

The Department will in no way be held liable for any loss, damage or injury arising as a result of, or in part by, its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering any information through the State Heritage Inventory or linked sites.

 

While the information on the State Heritage Inventory has been compiled and maintained with all due care, the Department does not warrant or represent the information is free from error or omission, or that it is exhaustive.

 

Links to other websites

 

Third party links have been provided on the State Heritage Inventory in line with the Department’s desire to promote a free exchange of information. The Department does not necessarily endorse or support the views, opinions, standards or information that appear on the linked sites or in any material authorised by third parties and published on the State Heritage Inventory. You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites including intellectual property on those sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link to any other site as a criticism or comment by the Department on the provider of content of that other site.

 

The Department does not make any claim as to the accuracy, authenticity, currency, completeness, reliability or suitability of any information supplied by third parties or linked to third party sites.

 

You should bear in mind that some of the material that appears on the linked sites may possibly cause offence or upset to some people. The Department regrets, but cannot take responsibility for, any such offence or upset caused.

 

In the event that you are offended or upset by the material which appears on this site and/or any linked site, you are entitled to lodge a complaint with the Australian Communications and Media Authority (ACMA) who will then investigate the complaint and take such action as it thinks fit. If you would like to know more about the ACMA's role in regulating Australian internet content, you can visit its website at http://www.acma.gov.au

 

3.0 Information, maps and spatial datasets

 

Content available on the State Heritage Inventory should be treated as being for reference only and you should exercise your own skill and care with respect to the use and reliance of the material.

 

Information

 

The State Heritage Inventory provides access to heritage information sourced by local councils and State government agencies.  The Department is reliant on local councils and State government agencies providing this information as soon as practicable.

 

The Department endeavours to make sure that information available on the State Heritage Inventory is correct at the time of its publication. However, as necessary you should obtain independent advice before making any decision based on the information on the State Heritage Inventory. Information on the State Heritage Inventory is made available on the understanding that the State of NSW, the Heritage Council of NSW, their servants and agents, to the extent permitted by law, accept no responsibility for any damage, cost, loss or expense incurred by you as a result of:

 

• Any error, omission or misrepresentation on the State Heritage Inventory;
• Any malfunction or failure to function of the State Heritage Inventory; and
• Without limiting the above, any delay, failure or error in recording, displaying or updating information, including but not limited to, data relating to credit holdings.

Where there are known limitations to the information provided on the State Heritage Inventory, we will include an explanation of these limitations wherever possible. If there is any material that you consider to be misleading or inaccurate on the State Heritage Inventory, please contact heritagemailbox@environment.nsw.gov.au

 

Maps and spatial datasets

 

The map viewer on the State Heritage Inventory provides access to spatial datasets for certain heritage maps incorporated by reference for State Heritage Register listings and Interim Heritage Orders made under the Heritage Act and environmental planning instruments made under the Environmental Planning and Assessment Act 1979 (EP&A Act).

 

PDF versions of the gazetted State Heritage Register map is available from a map link from the relevant heritage item on the State Heritage Inventory.

 

PDF versions of the gazetted environmental planning instrument maps are available from a map link index from the relevant environmental planning instrument on the NSW legislation website.

 

Environmental planning instrument spatial datasets are sourced from the NSW planning database. Be aware that there may be a delay between when the official PDF maps are published on the NSW legislation website and when the spatial datasets are updated on the NSW planning database.

 

4.0 Privacy statement

 

Personal information

 

The State Heritage Inventory is provided and maintained by the Department. The Department is subject to the requirements of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). Under that Act, you have a right to know what information about you is collected and stored by the Department, as well as access and change your personal information that is held by the Department. For further information please see the Department's privacy statement.

 

Site Visit Data

 

To help the Department improve the State Heritage Inventory and provide better services to its users, the Department creates a record of your visit and logs the following information:

 

• the IP (Internet Protocol) address of the machine which has accessed it;
• your top-level domain name (for example .com, .gov, .au, .uk etc.);
• the date and time of your visit to the site;
• the pages visited; and
• cookies are used on the State Heritage Inventory to collect and store information.

Exceptions to the Rule

 

The Department will not collect, use or disclose personal information other than the personal information stated above, except for the purpose of investigating:

 

• unauthorised attempts to access files that are not published on the State Heritage Inventory;
• unauthorised tampering or interference with files published on the State Heritage Inventory;
• unauthorised attempts to index the contents of the State Heritage Inventory by other sites;
• attempts to intercept messages or any data of other users of the State Heritage Inventory;
• communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed;
• attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or Commonwealth of Australia, or interfere with the enjoyment of the NSW planning portal by other users; and
• any other circumstances permitted under the PPIP Act.

 

5.0 Copyright

 

By using the State Heritage Inventory, you agree that the Department may copy, communicate to the public and otherwise use any intellectual property that you upload to the State Heritage Inventory for: (a) the purpose for which it was uploaded; and (b) more generally for any purposes that are consistent with the Heritage Act and EP&A Act. You warrant that you have the permission of all third parties who own copyright, moral rights or other intellectual property rights in material that you upload to the State Heritage Inventory:    

 

• to upload the material to the State Heritage Inventory and
• for the Department to copy, communicate to the public and otherwise use that material for the purpose for which it was uploaded and more generally for any purposes that are consistent with the Heritage Act and EP&A Act. 

In exercising the above rights, the Department may not be able to observe all moral rights but will do so where it is reasonably able to do so.

 

The copyright material published on the State Heritage Inventory is subject to the Copyright Act 1968 (Commonwealth). The State Heritage Inventory contains third party material and provides access to third party material which may or may not be identified.

 

Consistent with the NSW Government's Open Data Policy, the Department encourages the availability, dissemination and exchange of public information. Unless otherwise stated, material on the State Heritage Inventory where copyright vests in the Crown in right of the State of NSW is licensed under a Creative Commons Attribution 4.0 Licence (‘Creative Commons Attribution Licence’) and should be attributed in the following manner '© State Government of NSW and Heritage NSW’.

 

The Creative Commons licence does not apply to:

 

• The State arms or any emblem, New South Wales logo, symbol or trademark used by any agency of the State of NSW (except where such material is reproduced as an incidental part of using material under the general licence and otherwise in compliance with these terms and conditions of use);
• Intellectual property (including copyright) owned by third parties including photographs, illustrations, artwork, oral recordings and maps unless expressly stated to be published under the Creative Commons licence;
• Any material authored by third parties and published on the State Heritage Inventory; and
• Any material hosted on a different site.

 

To enquire whether photographic images or any other material available on the State Heritage Inventory is Heritage NSW material or whether a third party holds copyright, or permission to use Heritage NSW material , please contact heritagemailbox@environment.nsw.gov.au

 

You may publish the material permitted by the Creative Commons Attribution Licence to another website, however if you publish an entire document, we require that you make a direct link to the State Heritage Inventory to ensure that the latest version is always displayed. If you publish a photograph you must also observe and retain any copyright or related notices that may accompany the material as part of the attribution.

 

6.0 Feedback

 

Help make the State Heritage Inventory even better by letting the Department know of any quality and usability issues you encounter by emailing heritagemailbox@environment.nsw.gov.au

 

We may also request additional feedback from you through email, web questionnaires or other feedback mechanisms. By agreeing to these terms and conditions, you agree that the Department may contact you from time to time about the services provided through the State Heritage Inventory.

 

7.0 Offence to provide false or misleading information

 

It is a serious criminal offence under the Crimes Act 1900 to provide information to the Department knowing that, the information is false or misleading or the information omits any matter or thing without which the information is misleading. 

 

I have read and understood the above.

 

I understand that by submitting information to the State Heritage Inventory, I am providing the information to the Department and confirm that that information is not false or misleading.