20EProtection of heritage items and heritage conservation areas

20E Protection of heritage items and heritage conservation areas

20E Protection of heritage items and heritage conservation areas

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

(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area 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 reasonable cause to suspect, that the disturbance or excavation will, or is likely to, result in a relic or Aboriginal object being discovered, exposed, moved, damaged or destroyed,

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

(f) erecting a building on, or subdividing, land on which a heritage item is located or that is within a heritage conservation area.

(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—

(A) is of a minor nature or consists of maintenance to the heritage item, place of Aboriginal heritage significance or archaeological site or of a building, work, relic, tree or place within a heritage conservation area, and

(B) would not adversely affect the significance of the heritage item, place of Aboriginal heritage significance, archaeological site or heritage conservation area, or

(ii) the proposed development consists of conservation works in accordance with a conservation policy or strategy contained in a conservation management plan endorsed by the consent authority, 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.