51Development affecting known or potential archaeological sites or relics of European heritage significance

51 Development affecting known or potential archaeological sites or relics of European heritage significance

51 Development affecting known or potential archaeological sites or relics of European heritage significance

(1) Consent must not be granted for development that will be carried out on an archaeological site or potential archaeological site or a relic that has European heritage significance identified in Schedule 4 (whether or not it is also the site of a relic or potential relic of Aboriginal significance) unless the consent authority has considered a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site.

(2) Before granting consent to development under this clause, the consent authority must be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(3) (Repealed)

(4) This clause does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground relics would not be adversely affected by the proposed development.

cl 51: Am 2008 (571), Sch 3.99 [6]; 2011 (276), Sch 1 [3].