22Heritage conservation

22 Heritage conservation

22 Heritage conservation

(1) Development consent is required for any of the following—

(a) demolishing or moving a heritage item,

(b) altering a heritage item 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) erecting a building on land on which a heritage item is located,

(f) subdividing land on which a heritage item is located.

(2) 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 or archaeological site, and

(ii) would not adversely affect the significance of the heritage item, 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 or repairing monuments or grave markers, and

(ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or

(c) the development is limited to the removal of a tree or other vegetation that the council is satisfied is a risk to human life or property, or

(d) the development is exempt development.