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This is a Bill, not an Act. For current law, see the Acts databases.
Heritage Amendment Bill 2011
No , 2011
A Bill for
An Act to amend the Heritage Act 1977 in relation to the Heritage Council and the
listing of items on the State Heritage Register; and for other purposes.
Clause 1 Heritage Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Heritage Amendment Act 2011. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Heritage Amendment Bill 2011
Amendment of Heritage Act 1977 No 136 Schedule 1
Schedule 1 Amendment of Heritage Act 1977 No 136 1
[1] Section 4 Definitions 2
Omit "Minister" from the definition of approved form in section 4 (1). 3
Insert instead "Heritage Council". 4
[2] Section 4 (1), definition of "Director-General" 5
Omit the definition. 6
[3] Section 8 Members of Heritage Council 7
Omit "11" from section 8 (1). Insert instead "9". 8
[4] Section 8 (2) 9
Omit the subsection. Insert instead: 10
(2) The other member is to be the Director-General of the 11
Department of Planning and Infrastructure. 12
[5] Section 21B 13
Insert after section 21A: 14
21B Publication of certain submissions 15
(1) Any written submission in relation to State significant 16
development that is made by the Heritage Council to a consent 17
authority, or to any other person or body having functions under 18
the Environmental Planning and Assessment Act 1979 with 19
respect to the approval of that development, is to be made 20
publicly available on the internet by the Heritage Council within 21
14 days after the submission is made. 22
(2) In this section, State significant development means: 23
(a) development that, were it not State significant 24
development, State significant infrastructure or a 25
transitional Part 3A project under the Environmental 26
Planning and Assessment Act 1979, would require 27
approval under Part 4 of this Act or an excavation permit 28
under section 139 of this Act, or 29
(b) development that is State significant development, State 30
significant infrastructure or a transitional Part 3A project 31
under the Environmental Planning and Assessment Act 32
1979 and that impacts on an item of State heritage 33
significance that is not on the State Heritage Register or the 34
subject of an interim heritage order. 35
Page 3
Heritage Amendment Bill 2011
Schedule 1 Amendment of Heritage Act 1977 No 136
[6] Section 33 Procedure before recommendation for listing 1
Omit "as soon as possible" from section 33 (1) (f). 2
Insert instead "within 14 days". 3
[7] Section 34 4
Omit the section. Insert instead: 5
34 Action by Minister following recommendation for listing 6
(1) Within 14 days after the Heritage Council makes a 7
recommendation for listing to the Minister, the Minister must: 8
(a) decide whether or not to direct the listing and inform the 9
Heritage Council of that decision, or 10
(b) request the Planning Assessment Commission to review 11
the matter. 12
(2) If the Minister requests a review by the Planning Assessment 13
Commission, the Minister must, within 14 days after the 14
Commission provides its report: 15
(a) consider that report, and 16
(b) decide whether or not to direct the listing, and 17
(c) inform the Heritage Council of that decision. 18
(3) The Minister may make a request under this section on the 19
Minister's own motion or after a request by an affected owner, 20
mortgagee, lessee or occupier. 21
(4) A decision of the Minister to direct, or not to direct, the listing on 22
the State Heritage Register of an item that the Heritage Council 23
has recommended be listed is to contain the reasons for listing or 24
not listing the item and is to be made publicly available on the 25
internet by the Heritage Council within 7 days after the decision 26
is made. 27
[8] Section 35 Ministerial Review Panel 28
Omit the section. 29
[9] Section 36 Planning Assessment Commission 30
Insert "of the Department of Premier and Cabinet" after "Director-General" 31
where firstly occurring in section 36 (1) (e). 32
[10] Section 121 Failure to comply with order 33
Insert "of the Department of Planning and Infrastructure" after 34
"Director-General" in section 121 (5) (c). 35
Page 4
Heritage Amendment Bill 2011
Amendment of Heritage Act 1977 No 136 Schedule 1
[11] Schedule 1 Savings and transitional provisions 1
Insert at the end of clause 1 (1): 2
Heritage Amendment Act 2011 3
[12] Schedule 1, Part 6 4
Insert after clause 18: 5
Part 6 Provisions consequent on enactment of 6
Heritage Amendment Act 2011 7
19 Approved forms 8
Any form approved by the Minister, being a form that is an 9
approved form for the purposes of this Act immediately before 10
the amendment of that definition by Schedule 1 [1] to the 11
Heritage Amendment Act 2011, is taken to have been approved 12
by the Heritage Council on the commencement of that 13
amendment. 14
20 Application of amendments that abolish Ministerial Review Panels 15
The amendments made to this Act by Schedule 1 [7] and [8] to 16
the Heritage Amendment Act 2011 apply only in relation to a 17
recommendation for listing that is made by the Heritage Council 18
after the commencement of those amendments. 19
Page 5
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