57Protection of heritage items and relics

57 Protection of heritage items and relics

57 Protection of heritage items and relics

(1) The following development may be carried out only with development consent—

(a) demolishing, defacing or damaging a heritage item,

(b) altering a heritage item by making structural changes to its interior,

(c) altering a heritage item by making structural or non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance,

(d) moving the whole or part of a heritage item,

(e) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

(f) disturbing or excavating a place of Aboriginal heritage significance or an archaeological site while knowing or having a reasonable cause to suspect that the disturbance or excavation is likely to result in a relic being damaged, disturbed or excavated, or

(g) erecting a building on, or subdividing, land on which a heritage item is located.

(2) What exceptions are there? Development consent is not required by this clause if—

(a) in the opinion of the Council—

(i) the proposed development is of a minor nature or consists of maintenance of the heritage item, and

(ii) the proposed development would not adversely affect the significance of the heritage item, and

(b) the proponent has notified the consent authority in writing of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development consent is not otherwise required by this plan.

(3) Development consent is not required by this clause for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance—

(a) the creation of a new grave or monument, or

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers.