The recent uproar around the projection of advertising NSW’s Everest Competition has raised questions with regards to heritage law. The Everest Competition is a horse racing competition with Australia’s largest prize pool of its kind. Sydney Opera house’s management refused the request because it would contravene its policies. The CEO Miss Louis Heroin defended the policy grossly and refused the accede to the request made by Mr Alan Jones on behalf of Everest. The Sydney Opera House policy on elimination of the Opera House sails states;
“No logo or corporate identity shall be permitted to be projected onto the sails, a colour shall not be used to promote a corporate identity. This for a specific artistic purpose in relation to the Sydney Opera House, texts or logos will not be permitted”
However Premier Gladys Berejiklian intervened to allow the promotion of the race and the advertisement was beamed on to the sales of the Opera House as of 9 October 2018. This was based on the argument that the race is an important event for NSW and is crucial to the state’s economy and workforce.
Despite public outrage, including a petition submitted to State Parliament with over 270,000 signatures asking Parliament to overturn the decision, the projection went ahead on 9 October 2018. Approximately 1000 people showed up in protest of the projection chanting and shining torches on the sails to disrupt the advertising.
Sydney Opera House’s Conservation Management Plan states:
Policy 14.3 – Temporary lighting projections: Use of the exterior of the Sydney Opera House, including the shells, for lighting projections is acceptable as long as these are exceptional occasions, non-commercial, infrequent and for a limited period of time, and any equipment or installation required can be erected and completely removed without damage to any fabric. All projections should aim to maintain the legibility of the form of the shells.
The Government’s decision to act in contradiction to the policy reflects a disregard for the authority of the Sydney Opera House Trust who have been established under the Sydney Opera House Trust Act 1961 No 9 (NSW). It is this disregard for the authority of bodies set up for the conservation and management of NSW’s heritage that raises concern about the validity of the Government’s decision.
Part 4 of the Heritage Act 1977 (NSW) outlines the process for the application of an interim heritage order that allows approved peoples to do activities relating to the site. Section 57(1)(g) of the Act states that an approved person must not ‘display any notice or advertisement on the…building.’ The Trust can provide persons with exceptions to these rules, but only where the Minister for the Environment and Heritage publishes the exemption in the Gazette on the recommendation of the Heritage Council according to section 57(2) of the Act. In the decision to display the Everest advertising, no regard was provided to this process. However, the Act does not outline the consequences if the Minister does not follow the process outlined in Part 4 of this act. Whether the Government’s decision can be reviewed remains unclear at this stage.
In response to the 80% of NSW residents who were against the advertisement the Premier stated “a government's role is to find that right balance in making sure that we are promoting NSW."
However, it is even more central to the role of government to ensure they are complying with principles of responsible and good governance.
If you wish to discuss your rights, please do not hesitate to contact Freedman & Gopalan Solicitors.