142Orders affecting heritage items

#### 142 Orders affecting heritage items 142 Orders affecting heritage items > > (1) This section applies to an item of the environmental heritage— > > > > > (a) which is listed in the Register of the National Estate kept in pursuance of the [Australian Heritage Commission Act 1975](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) to which an interim heritage order or listing on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) applies or to which an order under section 136 of that Act applies, or > > > > > (c) which is identified as such an item in an environmental planning instrument. > > > (2) A council must not give an order under this Part in respect of an item of the environmental heritage to which this section applies until after it has considered the impact of the order on the heritage significance of the item. > > > (3) A council must not give an order under this Part in respect of an item of the environmental heritage to which subsection (1)(a) or (b) applies until after it has given notice of the order to the Heritage Council and has considered any submissions duly made to it by the Heritage Council. > > > (3A) The Heritage Council may, by instrument in writing served on a council, exempt the council from the requirements of subsection (3). > > > (3B) An exemption under subsection (3A) may be given unconditionally or subject to such conditions as the Heritage Council determines, and may be varied or revoked by a subsequent instrument in writing made by the Heritage Council and served on the council. > > > (4) The Heritage Council may make a submission— > > > > > (a) within 28 days after it is given notice by the council, or > > > > > (b) if, within 28 days after it is given notice by the council, the Heritage Council requests that a joint inspection of the item be made, within 28 days after the joint inspection is made. > > > (5) If the Heritage Council notifies a council that it wishes to be consulted in connection with an order under section 141, the council must include a statement to that effect in any order under section 139. > > > (6) This section does not apply to order No 15, 16, 17 or 22A in the Table to section 124 if given by a council in an emergency. > > **s 142:** Am 1994 No 44, Sch 3 (11); 1998 No 138, Sch 2.6; 2006 No 52, Sch 1 \[5\].