46Heritage items

46 Heritage items

46 Heritage items

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

(a) demolish or alter the building or work, or

(b) damage or move the relic, or

(c) excavate for the purpose of exposing the relic, or

(d) damage or despoil the place or tree, or

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

(f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2) The Council must not grant consent to a development application required by subclause (1) unless it has taken into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the item and any stylistic or horticultural features of its setting.

(3) The Council may decline to grant consent to a development application required by subclause (1) until it has considered a conservation plan to enable the Council to fully consider the heritage significance of the item and the impact of the proposed development on the significance of the item and its setting.

(4), (5) (Repealed)

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 46: Am 2008 (571), Sch 3.96 [1] [2].