42Protection of heritage items, heritage conservation areas and relics

42 Protection of heritage items, heritage conservation areas and relics

42 Protection of heritage items, heritage conservation areas and relics

(1) The following development may be carried out only with development consent—

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

(b) altering a heritage item or a building, work or relic within a heritage conservation area by making structural changes to its exterior, or

(c) altering a heritage item or a building, work or relic within a heritage conservation area by making non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance, or

(d) moving a relic, or excavating land for the purpose of discovering, exposing or moving a relic, or

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

(2) Development consent is not required by this clause if the consent authority is of the opinion that the proposed development would not affect the heritage significance of the heritage item or heritage conservation area.

(3) When determining a development application required by this clause, the consent authority must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

Note.

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 42: Am 2008 (571), Sch 3.175 [11]