Heritage conservation
5.31 Heritage conservation
Objectives The objectives of this section are as follows—
to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
to conserve archaeological sites,
to conserve Aboriginal objects and Aboriginal places of heritage significance.
Requirement for consent Development consent is required for any of the following—
demolishing or moving a heritage item,
altering a heritage item that is a building by making structural changes to its interior,
erecting a building on land on which a heritage item is located.
When consent not required However, development consent under this section is not required if—
the applicant has notified the consent authority 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—
is of a minor nature or is for the maintenance of the heritage item, and
would not adversely affect the heritage significance of the heritage item, or
the development is limited to the removal of vegetation authorised in writing by the Council that the Council is satisfied— poses an imminent risk to human life or habitable property, or
the development is making changes to the exterior of a heritage item, including in the case of a building making structural changes to the detail, fabric, finish or appearance of the building, or
the development is exempt development.
Effect of proposed development on heritage significance The consent authority must, before granting consent under this section in respect of a heritage item, consider the effect of the proposed development on the heritage significance of the item concerned. This subsection applies regardless of whether a heritage management document is prepared under subsection (4) or a heritage conservation management plan is submitted under subsection (5).
Heritage assessment The consent authority may, before granting consent to any development—
on land on which a heritage item is located, or
on land that is within the vicinity of land referred to in paragraph (a),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item.
Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this section.
Demolition of nominated State heritage items The consent authority must, before granting consent under this section for the demolition of a nominated State heritage item—
notify the Heritage Council about the application, and
take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, even though development for that purpose would otherwise not be allowed by this Chapter, if the consent authority is satisfied that—
the conservation of the heritage item is facilitated by the granting of consent, and
the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and
the proposed development would not have any significant adverse effect on the amenity of the surrounding area, and
the proposed development would not be carried out in the Intertrade Industrial Park.
In this section—
heritage item means a building, work, tree or place listed in the Table to this section.
Table 1—Port Botany
Suburb
Item name
Address
Property description
Significance
Banksmeadow
Main Administration Building—‘Orica’ and Mature Ficus, identified as “Item 4” on Heritage Map
16–20 Beauchamp Road
Lot 1105, DP 1227173
Local
Banksmeadow
Pier Hotel, identified as “Item 2” on the Heritage Map
1751 Botany Road
Lot 1, DP 1031248
Local
Banksmeadow
Botany Bay Hotel, identified as “Item 3” on the Heritage Map
1807 Botany Road
Lot A, DP 333268
Local
Botany
Canary Island Date Palms (Phoenix canariensis), identified as “Item 1” on the Heritage Map
23 Byrnes Street
Lot 1, DP 169307
Local
Table 2—Port Kembla
Suburb
Item name
Address
Property description
Significance
Port Kembla
Mobile Block Setting Steam Crane, identified as “4” on the Heritage Map
Eastern Breakwater Harbour
Lot 4, DP 114693
Local
Port Kembla
Hill 60, Illowra Battery (State Heritage Register listing 01492), identified as “5” on the Heritage Map
Gloucester Boulevard
Lot 3, DP 1146913 and Lot 1, DP 825951
Local
Port Kembla
Brick Chimney, Port Kembla Copper, identified as “3” on the Heritage Map
Military Road
Lot 21, DP 546139
Local
Port Kembla
Office and House, Port Kembla Copper, identified as “2” on the Heritage Map
Military Road
Lot 21, DP 546139
Local
Table 3—Port of Newcastle
Suburb
Item name
Address
Property description
Significance
Carrington
Hydraulic Power Station, identified as “Item 10” on the Heritage Map
106 Bourke Street
Lot 30, DP 1190075
State
Carrington
Bullock Island Crane Bases (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15), identified as “Item 9” on the Heritage Map
192 Dyke Road
Part Lot 93, DP 1193181; Part Lot 219, DP 1195310; Part Lot 5, DP 1104199
State (7, 8, 9, 10) Local (1, 2, 3, 4, 5, 6, 13, 14, 15)
Carrington
Former McMyler Hoist, identified as “Item 11” on the Heritage Map
192 Dyke Road
Part Lot 219, DP 1195310
Local
Carrington
Former Armstrong & Royce Timber Mill site *A, identified as “Item 12” on the Heritage Map
45 Fitzroy Street
Part Lot 100, DP 1014244
Local
Carrington
Former Earp Woodcock Beveridge & Co site *A, identified as “Item 13” on the Heritage Map
45 Fitzroy Street
Part Lot 100, DP 1014244
Local
Carrington
Former Morison Bearby Warehouse (Hill Street facade only), identified as “Item 14” on the Heritage Map
92 Hill Street
Part Lot 11, DP 1023961
Local
Kooragang
Palm, identified as “Item 8” on the Heritage Map
2 Greenleaf Road
Part Lot 1, DP 575674
Local
Mayfield North
Former Stewart and Lloyd’s Administration Buildings 2, 3 and 4, identified as “Item 2” on the Heritage Map
51 Industrial Drive
Part Lot 225, DP 1013964
Local
Mayfield North
Former Stewart and Lloyd’s Main Administration Building, identified as “Item 3” on the Heritage Map
51 Industrial Drive
Part Lot 225, DP 1013964
Local
Mayfield North
No 1 Change House, identified as “Item 1”on the Heritage Map
51 Industrial Drive
Part Lot 225, DP 1013964
Local
Mayfield North
1st Mill Building *A, identified as “Item 19” on the Heritage Map
51 Industrial Drive
Part Lot 225, DP 1013964
Local
Mayfield North
Tool Room, identified as “Item 4” on the Heritage Map
133 Ingall Street
Part Lot 31, DP 1116571
Local
Mayfield North
Delprat’s Quarters, identified as “Item 5” on the Heritage Map
133A Ingall Street
Lot 32, DP 1116571
Local
Mayfield North
Apprentice Training Centre, identified as “Item 7” on the Heritage Map
135 Ingall Street
Part Lot 2, DP 1032755
Local
Mayfield North
Cycle Sheds for No 2 Rod Mill, identified as “Item 6” on the Heritage Map
135 Ingall Street
Part Lot 2, DP 1032755
Local
Mayfield North
BHP Administration Building, identified as “Item 17” on the Heritage Map
99 Selwyn Street
Part Lot 332, DP 1176879
Local
Mayfield North
Quality Control Laboratory, identified as “Item 18” on the Heritage Map
99 Selwyn Street
Part Lot 332, DP 1176879
Local
Newcastle
Nobby’s Lighthouse*, Headland and Breakwater (Macquarie Pier), identified as “Item 16” on the Heritage Map
41 Nobbys Road
Lot 1051–1053, DP 1189091, Part Crown Reserve
State
Newcastle
Stone Boat Harbour (Relic), identified as “Item 15” on the Heritage Map
100 Wharf Road
Lot 1–2, DP 1252445
State
1—
Heritage items marked with an asterisk (*) are also subject to National or Commonwealth heritage listings.
2—
Heritage items marked with an (*A) are archaeological sites.
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