Heritage Act 1977

When an interim heritage order or listing on the State Heritage Register applies to a place, building, work, relic, moveable object, precinct, or land, a person must not do any of the following things except in pursuance of an approval granted by the approval body under Subdivision 1 of Division 3—

demolish the building or work,

damage or despoil the place, precinct or land, or any part of the place, precinct or land,

move, damage or destroy the relic or moveable object,

excavate any land for the purpose of exposing or moving the relic,

carry out any development in relation to the land on which the building, work or relic is situated, the land that comprises the place, or land within the precinct,

alter the building, work, relic or moveable object,

display any notice or advertisement on the place, building, work, relic, moveable object or land, or in the precinct,

damage or destroy any tree or other vegetation on or remove any tree or other vegetation from the place, precinct or land.

In the case of an interim heritage order made by a council, subsection (1) does not apply to—

State significant development within the meaning of the Environmental Planning and Assessment Act 1979, or

development, or demolition of a building or work, carried out by or on behalf of the Crown (with Crown including the persons prescribed for the purposes of Division 4 of Part 4 of the Environmental Planning and Assessment Act 1979 as referred to in section 88 (2) (a) of that Act).

Subsection (1) does not apply to anything that is exempted from the operation of this Part by a heritage agreement.

Subsection (1) (d) does not apply in the case of a relic to which an interim heritage order made by a council applies.

Subsection (1) does not apply to anything that is exempted from the operation of this Part by a conservation management plan (within the meaning of section 38A) endorsed by the Heritage Council.

The Minister, on the recommendation of the Heritage Council, may, by order published in the Gazette, grant an exemption from subsection (1) or such of the provisions of that subsection as are specified in the order in respect of the engaging in or carrying out of such activity or class of activities by such person or class of persons in such circumstances as may be so specified. The Minister’s power under this subsection extends to apply in respect of interim heritage orders made by councils.

A council may, by order published in the Gazette, grant an exemption from subsection (1) or such of the provisions of that subsection as are specified in the order in respect of the engaging in or carrying out of such activity or class of activities by such person or class of persons in such circumstances as may be so specified. Such an exemption has effect only in respect of an interim heritage order made by the council concerned.