Heritage Regulations 2019

In this regulation —

means anything constructed on land; and

includes roads, paths, jetties, artificial lakes and watercourses, and earthmoving works.

For the purposes of section 73(4)(a) of the Act, proposals for the following matters are exempted from the application of section 73(1) of the Act —

an application for a building permit or demolition permit under the Building Act 2011 if —

the application arises from approval of a proposal that has already been referred under section 73(1) of the Act; and

the Council has given its advice in relation to the referred proposal;

maintenance of buildings, structures and other built forms that does not involve —

the removal of, or damage to, the existing fabric of the building, structure or built form; or

the use of new materials;

cleaning that is low pressure, non‑abrasive and non‑chemical;

gardening or landscape maintenance that does not involve a major alteration of the layout, contours, structures, significant plant species or other significant features on the land;

the repair of buildings, structures and other built forms by replacing missing or deteriorated fabric with like for like fabric;

replacement of utility services using existing routes or voids that does not involve the removal of, or damage to, the fabric of the building;

repainting of the surface of a building —

in the same colour scheme and paint type if they are appropriate to the substrate and do not endanger the survival of earlier paint layers; and

without disturbing or removing an earlier paint layer unless it is chalking, flaking or peeling;

an excavation, that does not affect archaeological remains, for the purpose of exposing, inspecting, maintaining or replacing utility services;

the erection or installation of a temporary security fence, scaffold, hoarding or surveillance system that does not affect the fabric of a building, the landscape or archaeological features of the land;

signage that —

is temporary and does not have a deleterious effect on the fabric of a building; or

is temporarily located behind a shop window but is not internally illuminated or flashing; or

advertises that a place is for sale or lease but does not remain on the place for more than 10 days after the place is sold or leased;

digging a grave or erecting a memorial (as defined in the Cemeteries Act 1986 section 3(1)) of materials, size and form that are consistent with the character of the place.

Subregulation (1) does not apply to a proposal that, if implemented, would, or would be likely to, affect a place mentioned in section 72(1)(c) of the Act.