31Heritage conservation

31 Heritage conservation

31 Heritage conservation

(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 not required However, consent under this section 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, archaeological site, or a building, work, relic, tree or place within a 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 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

(c) the development is exempt development.

(3) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item or heritage conservation area concerned. This subsection applies regardless of whether a heritage impact statement is prepared under subsection (4) or a heritage conservation management plan is submitted under subsection (5).