State Environmental Planning Policy (Transport and Infrastructure) 2021

The development must not be carried out on land that—

comprises an item listed on the State Heritage Register under the Heritage Act 1977 or on which an item is located, or

is subject to an interim heritage order under that Act or on which an item subject to an interim heritage order is located, or

is identified as an item of environmental heritage or a heritage item by an environmental planning instrument or on which an item is located.

Subsection (1)(a) or (b) does not apply if the development—

is consistent with a conservation management plan endorsed by the Heritage Council under the Heritage Act 1977, section 38A, or

has been granted an exemption under that Act, section 57(2), or

is subject to an exemption under that Act, section 57(1A) or (3), or

is consistent with an approval granted under that Act, section 63.

Subsection (1)(a) does not apply if the development will be carried out on a part of the land not described or mapped on the State Heritage Register.

Subsection (1)(c) does not apply if—

the council of the area in which the development is proposed to be carried out is satisfied the development will not adversely affect the heritage significance of the item, or

the development will be carried out on a part of the land that is not described or mapped in the environmental planning instrument.