18Items of environmental heritage

18 Items of environmental heritage

18 Items of environmental heritage

(1) A person shall not, in respect of a building, work, relic or place that is an item of environmental heritage—

(a) demolish, renovate or extend any such building or work,

(b) damage or despoil any such relic or any part of any such relic,

(c) excavate any land for the purpose of exposing or removing any such relic,

(d) erect a building on the land on which that building, work or relic is situated or the land which comprises that place, or

(e) subdivide the land on which that building, work or relic is situated or the land which comprises that place,

except with the consent of the council.

(2) The council shall not grant development consent to a development application in respect of an item of environmental heritage unless it has made an assessment of—

(a) the significance of the item as an item of the environmental heritage of the Shire of Ballina,

(b) the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the item and its site,

(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting should be retained, and

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public.

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 18: Am 2008 (571), Sch 3.4 [2].