New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 137A

137A Conflicting orders void

(1) If an interim heritage order or order under section 136 (1) is in force in relation to a building, work, relic or place, a notice or order (whether made or issued before or after the interim heritage order or order under section 136 (1)) under any other Act which requires or permits the building, work, relic or place to be harmed, other than:

(a) an order of the kind referred to in Order No 6 in the Table to section 121B of the Environmental Planning and Assessment Act 1979 , or

(b) a notice or order which is prescribed for the purposes of this section,

is void.

(2) On and from the date on which an interim heritage order ceases to have effect in relation to a building, work, relic or place, whether by lapsing, revocation or otherwise, any notice or order that is void under subsection (1) because of the interim heritage order comes back into force in relation to that building, work, relic or place.

(3) On and from the date on which an approval is granted by an approval body under Division 3 of Part 4 in relation to a building, work, relic or place to which an interim heritage order applies, any notice or order that is void under subsection (1) because of the interim heritage order comes back into force in relation to that building, work, relic or place, but only to the extent to which it is consistent with the terms of the approval.