27Protection of heritage items and heritage conservation areas

27 Protection of heritage items and heritage conservation areas

27 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 the whole or part of 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 being discovered, exposed, moved, damaged or destroyed,

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

(ii) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area, 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 paragraph (a) (i) and (ii) and that development consent is not otherwise required by this plan, and

(c) the proposed work or development is described in a conservation management plan which has been endorsed by the Council (in the case of items classified in Part 2 of Schedule 1 as being of regional heritage significance) or the Heritage Council (in the case of items classified in Part 2 of Schedule 1 as being of State heritage significance).