DSC_6095 Bell's Plumbers Shop, Payneham Road, College Park, South Australia
The Advertiser December 7, 2016:
A SOUTH Australian racing car champion has become the first person found guilty of neglecting a state heritage-listed property in a landmark court ruling heralded by heritage advocates.
Philip Leslie March, of St Peters, faces a maximum fine of $50,000 after he was on Wednesday found criminally responsible for defying a State Government order issued more than six years ago to repair the decaying 133-year-old Bells Plumbers Shop at College Park.
It was the first time a criminal prosecution has been pursued against the owner of a heritage property under the Heritage Places Act.
The Government served Mr March, 56, and his company Hamilton Hill Pty Ltd with the state’s first heritage protection order in October 2010, compelling him to repair the Payneham Rd shop, which he bought in 1998 but has languished in disrepair following an explosion and fire in 2008.
The Environment Resources and Development Court heard on Wednesday that Mr March — a former national sprintcar and speedcar champion — had transferred the property in 2012 to a Panamanian registered company Omega Exploration in what the prosecution submitted was a “sham” arrangement to absolve his responsibility to comply with the order.
Mr March, in response to questioning from Judge Jack Costello, said he transferred the property to “get rid of this headache” and because he “wanted the property gone”.
He said after the transfer went through he was unable to gain access to the property and had made repeated attempts to contact Environment Minister Ian Hunter and Attorney General John Rau’s office to “try and fix the dilemma.”.
In his judgment Judge Costello said he was satisfied beyond reasonable doubt that the act imposed a duty on Mr March to comply with the protection order.
“I’m equally satisfied beyond reasonable doubt that the actions of the defendants in entering into the transaction to transfer the property were clearly designed to avoid the defendants having to comply with the order, so putting it beyond their power to so comply,” he said.
He said the Heritage Places Act did not “contemplate” transferring a property as a defence for not complying with a protection order.
The Bell’s Plumbers Shop, opposite the Maid & Magpie, was listed as a State Heritage Place in 1985 as a fine example of Victorian-era property.
The State Government launched criminal proceedings against Mr March in January a year after a separate ERD court hearing quashed his appeal against the heritage protection order.
National Trust of SA president Norman Etherington applauded the court ruling.
“Without effective means of enforcing compliance with the Act heritage protection is meaningless,” he said.
“Too many owners have in the past tried to get away with demolition by neglect; they should no longer expect to succeed.”
Mr March declined to comment outside court. Judge Cole will hear submissions on Mr March’s penalty in February.
■ 1998 — Philip Leslie March and Hamilton Hill purchase the property from the Bell family.
■ 2008 — Explosion causes estimated $300,000 damage
■ Oct. 2010 — Former Environment and Conservation Minister Paul Caica issues state’s first heritage protection order against Mr March and his company, ordering them to repair the building.
■ November 2010 — The order is suspended pending an appeal by Mr March
■ February 2012 — Mr March transfers ownership of shop to Omega Exploration in return for a 5 per cent share holding in an associated company.
■ December 2013 — Mr March’s appeal is quashed
■ January 2016 — State Government launches criminal prosecution against Mr March alleging he has failed to abide by the control order
■ Wednesday — Mr March is found guilty in the Environment Resources and Development Court of breaching the Heritage Places Act
DSC_6095 Bell's Plumbers Shop, Payneham Road, College Park, South Australia
The Advertiser December 7, 2016:
A SOUTH Australian racing car champion has become the first person found guilty of neglecting a state heritage-listed property in a landmark court ruling heralded by heritage advocates.
Philip Leslie March, of St Peters, faces a maximum fine of $50,000 after he was on Wednesday found criminally responsible for defying a State Government order issued more than six years ago to repair the decaying 133-year-old Bells Plumbers Shop at College Park.
It was the first time a criminal prosecution has been pursued against the owner of a heritage property under the Heritage Places Act.
The Government served Mr March, 56, and his company Hamilton Hill Pty Ltd with the state’s first heritage protection order in October 2010, compelling him to repair the Payneham Rd shop, which he bought in 1998 but has languished in disrepair following an explosion and fire in 2008.
The Environment Resources and Development Court heard on Wednesday that Mr March — a former national sprintcar and speedcar champion — had transferred the property in 2012 to a Panamanian registered company Omega Exploration in what the prosecution submitted was a “sham” arrangement to absolve his responsibility to comply with the order.
Mr March, in response to questioning from Judge Jack Costello, said he transferred the property to “get rid of this headache” and because he “wanted the property gone”.
He said after the transfer went through he was unable to gain access to the property and had made repeated attempts to contact Environment Minister Ian Hunter and Attorney General John Rau’s office to “try and fix the dilemma.”.
In his judgment Judge Costello said he was satisfied beyond reasonable doubt that the act imposed a duty on Mr March to comply with the protection order.
“I’m equally satisfied beyond reasonable doubt that the actions of the defendants in entering into the transaction to transfer the property were clearly designed to avoid the defendants having to comply with the order, so putting it beyond their power to so comply,” he said.
He said the Heritage Places Act did not “contemplate” transferring a property as a defence for not complying with a protection order.
The Bell’s Plumbers Shop, opposite the Maid & Magpie, was listed as a State Heritage Place in 1985 as a fine example of Victorian-era property.
The State Government launched criminal proceedings against Mr March in January a year after a separate ERD court hearing quashed his appeal against the heritage protection order.
National Trust of SA president Norman Etherington applauded the court ruling.
“Without effective means of enforcing compliance with the Act heritage protection is meaningless,” he said.
“Too many owners have in the past tried to get away with demolition by neglect; they should no longer expect to succeed.”
Mr March declined to comment outside court. Judge Cole will hear submissions on Mr March’s penalty in February.
■ 1998 — Philip Leslie March and Hamilton Hill purchase the property from the Bell family.
■ 2008 — Explosion causes estimated $300,000 damage
■ Oct. 2010 — Former Environment and Conservation Minister Paul Caica issues state’s first heritage protection order against Mr March and his company, ordering them to repair the building.
■ November 2010 — The order is suspended pending an appeal by Mr March
■ February 2012 — Mr March transfers ownership of shop to Omega Exploration in return for a 5 per cent share holding in an associated company.
■ December 2013 — Mr March’s appeal is quashed
■ January 2016 — State Government launches criminal prosecution against Mr March alleging he has failed to abide by the control order
■ Wednesday — Mr March is found guilty in the Environment Resources and Development Court of breaching the Heritage Places Act