(1) Requirement for consent Development consent is required for any of the following—
(a) demolishing or moving a heritage item or a building, work, relic or tree within a heritage conservation area,
(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,
(c) altering a heritage item that is a building by making structural changes to its interior,
(d) disturbing or excavating an archaeological site while knowing, or having 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) disturbing or excavating a heritage conservation area that is a place of Aboriginal heritage significance,
(f) erecting a building on land on which a heritage item is located or that is within a heritage conservation area,
(g) subdividing land on which a heritage item is located or that is within a heritage conservation area.
(2) When consent is not required However, consent under this clause is not required if—
(a) the applicant has notified the consent authority 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—
(i) is of a minor nature, or is for the maintenance of the heritage item, or a building, work, relic, tree or place within the heritage conservation area, and
(ii) would not adversely affect the significance of the heritage item, archaeological site or heritage conservation area, or
(b) the development is in a cemetery or burial ground and the proposed development—
(i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving and repairing monuments or grave markers, and
(ii) would not cause a disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or
Section 150 - Lake Macquarie Local Environmental Plan 2004 - Heritage conservation | Zoe
(c) the development is limited to the removal of a tree or other vegetation that the consent authority is satisfied is a risk to human life or property, or
(d) the development is exempt development.
(3) Effect on heritage significance The consent authority must, before granting consent under this clause, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subclause applies regardless of whether a heritage impact statement is prepared under subclause (4) or a heritage conservation management plan is submitted under subclause (5).
(4) Heritage impact assessment The consent authority may, before granting consent to any development on land—
(a) on which a heritage item is situated, or
(b) within a heritage conservation area, or
(c) within the vicinity of land referred to in paragraph (a) or (b),
require a heritage impact statement to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(5) Heritage conservation management plans The consent authority may require, after considering the significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
Environmental heritage table
| Suburb | Item name | Address | Property description | Significance | Item number |
| Catherine Hill Bay | Wallarah House | 1a Keene Street | Part of Lots 102 and 103, DP 1129872; Part of Lot 1, DP 1151628 | Local | 1 |
| Catherine Hill Bay | Catherine Hill Bay Colliery Railway | | Part of Lots 101, 103 and 104, DP 1129872; Part of Lot 1, DP 1151628 | Local | 2 |
| Catherine Hill Bay | Conservation Area | | Lot 1, DP 1141989; Lots 101–103, DP 1129872; Lot 1, DP 1151628; Lot 1, Section K, DP 163; Lot 2, Section I, DP 163; Lot 204, DP 1164883 | Local | 3 |