28Protection of heritage items

28 Protection of heritage items

28 Protection of heritage items

(1) When is consent required? The following development may be carried out only with development consent—

(a) demolishing or moving a heritage item,

(b) altering a heritage item by making structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance,

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

(d) 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 will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

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

(f) 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 consent authority—

(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 will comply with this subclause and that 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,

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

(4) What must be included in assessing a development application? Before granting a consent required by this clause, the consent authority must assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item concerned.