Heritage Regulation 2012

This Regulation is the Heritage Regulation 2012.

This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Heritage Regulation 2005 which is repealed on 1 September 2012 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

ruin has the same meaning as it has in section 118 of the Act.

the Act means the Heritage Act 1977.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of section 60 of the Act, the prescribed fee that is to accompany an application for approval to carry out an activity referred to in section 57 (1) (a)–(h) of the Act is—

$150, if the estimated cost of carrying out the activity is $100,000 or less and the activity is in relation to an owner-occupied private dwelling, or

$300, if the estimated cost of carrying out the activity is $100,000 or less and the activity is not in relation to an owner-occupied private dwelling, or

$400 plus $25 for each $100,000 (or part $100,000) of the estimated cost of carrying out the activity, if the estimated cost of carrying out the activity is more than $100,000 but no more than $500,000, or

$500 plus $100 for each $100,000 (or part $100,000) of the estimated cost of carrying out the activity, if the estimated cost of carrying out the activity is more than $500,000 but no more than $1,000,000, or

$1,000 plus $50 for each $100,000 (or part $100,000) of the estimated cost of carrying out the activity, if the estimated cost of carrying out the activity is more than $1,000,000 but no more than $2,000,000, or

$1,500 plus $33.33 for each $100,000 (or part $100,000) of the estimated cost of carrying out the activity, if the estimated cost of carrying out the activity is more than $2,000,000 but no more than $5,000,000, or

$2,500 plus $10 for each $100,000 (or part $100,000) of the estimated cost of carrying out the activity, if the estimated cost of carrying out the activity is more than $5,000,000 but no more than $10,000,000, or

$3,000 plus $10 for each $100,000 (or part $100,000) in excess of $10,000,000, if the estimated cost of carrying out the activity is more than $10,000,000.

The estimated cost of carrying out an activity is the reasonable cost (estimated on the basis of prices current when the application is made) of carrying out the activity as referred to in the application.

For the purposes of section 140 (2) of the Act, the prescribed fee that is to accompany an application for an excavation permit is—

$100, if the estimated cost of carrying out the development to which the excavation relates is $100,000 or less, and the development is in relation to an owner-occupied private dwelling, or

$250, if the estimated cost of carrying out the development to which the excavation relates is $100,000 or less, and the development is not in relation to an owner-occupied private dwelling, or

$500, plus $10 for each $100,000 in excess of $100,000, if the estimated cost of carrying out the development to which the excavation relates is more than $100,000.

The estimated cost of carrying out a development is the reasonable cost (estimated on the basis of prices current when the application is made) of carrying out the development as referred to in the application.

For the purposes of section 148 (1) of the Act, the prescribed form for a certificate of authority is Form 1 in Schedule 1.

For the purposes of section 167 (1) of the Act, the prescribed fee is $100.

The Secretary of the Department of Planning and Environment or a delegate of the Secretary may, from time to time, determine the fees payable for the review of conservation management plans.

The Secretary of the Department of Planning and Environment or a delegate of the Secretary may determine different fees for the review of different conservation management plans, having regard to the costs incurred in conducting the review (whether the review is conducted by members of staff of the Office of Environment and Heritage or by other persons engaged for that purpose).

In determining the fees payable under this clause, the Secretary of the Department of Planning and Environment or a delegate of the Secretary may include a component (a public notice component) to cover the reasonable costs (including any administrative costs) incurred by the Heritage Council in causing public notice of the review of a conservation management plan to be given.

The Heritage Council may charge an affected owner the fee determined under this clause for the review of a conservation management plan if—

the review is requested by the affected owner, or

the review is for the purpose of the Heritage Council’s endorsement of the plan and the endorsement is requested by the affected owner.

A request for a review of a conservation management plan in respect of which a fee is payable under this clause must be accompanied by the applicable fee.

However, if the fee payable under this clause includes a public notice component, that component is payable within 30 days after written notification of the amount due for the component is given to the affected owner concerned.

A fee is not payable under this clause for the review of a conservation management plan that is undertaken in the process of determining an application for an approval to carry out an act, matter or thing referred to in section 57 (1) of the Act.

In subclauses (1)–(5), a reference to a conservation management plan includes a reference to a preliminary or draft conservation management plan.

In this Part—

application means—

an application for approval, or

an application for a permit.

application for approval means—

an application for approval for the doing or carrying out of an act, matter or thing referred to in section 57(1) of the Act, or

an application for the modification of an approval under section 65A of the Act.

application for a permit means an application for a permit under the Act, section 140.

approval body—see section 56 of the Act.

assessment period means—

for an application for approval—the period of 40 days or 60 days, as the case may require, for the approval body to determine the application as referred to in the Act, section 65(1), or

for an application for a permit—the period of 21 days for the Heritage Council to determine the application as referred to in the Act, section 141(2).

relevant body means—

for an application for approval—an approval body, or

for an application for a permit—the Heritage Council.

In determining an application, the relevant body may request the applicant provide additional information the relevant body considers necessary to properly consider the application.

The request—

must be in writing, and

may specify a reasonable period within which the information must be provided to the relevant body, and

must include the number of days of the assessment period that have elapsed and the effect of clause 8C on the assessment period.

For an application for approval, an approval body may request information including information relating to 1 or more relevant matters referred to in section 62 of the Act.

The applicant to whom a request is made under this clause may notify the relevant body in writing that the information will not be provided.

The applicant is taken to have notified the relevant body the information will not be provided, and the application may be dealt with accordingly, if the applicant has failed to provide the requested information by the end of—

the specified period referred to in subclause (2)(b), or

a further period allowed by the relevant body.

For the Act, sections 65(4) and 141(3)(b), the period of time prescribed as not to be taken into account is that which elapses between the date of issue of a request for additional information by the relevant body under clause 8B and the earlier of the following—

the date on which the information is provided to the relevant body,

the date on which the applicant notifies, or is taken to have notified, the relevant body in writing that the information will not be provided.

Pursuant to section 118 (1) of the Act, the standards set out in this Division are imposed as minimum standards with respect to the maintenance and repair of a building or work (other than a ruin) or a relic that is listed or within a precinct that is listed on the State Heritage Register.

Nothing in this Division affects any requirement for the approval under Part 4 of the Act of any aspect of maintenance or repair.

A conservation management plan endorsed by the Heritage Council for a building, work or relic may—

provide that a standard set out in this Division does not apply to the building, work or relic (in which case the standard does not apply to it), or

provide for additional standards of maintenance and repair for the building, work or relic (in which case those standards are imposed as additional minimum standards with respect to the maintenance and repair of the building, work or relic, in addition to those set out in Division 2).

Note.

Section 119 of the Act requires the owner of the building, work or relic to ensure that it is maintained and repaired to standards that are not less than the minimum standards imposed by this Division.