(a) in the case of an order or
listing applicable to a place--the owner or any occupier of land that
comprises the place, or
(b) in the case of an order or listing applicable to
a building, work or relic (being a relic that is attached to or forms part of
land)--the owner or any occupier of land on which the building, work or relic
is situated, or
"functions" includes powers, authorities and duties.
"government instrumentality" means--
(a) a government agency that is required
to furnish details of land to Government Property NSW under section 21A of the
Government Property NSW Act 2006, and
(b) a State owned corporation.
"harm" means--
(a) in relation to a building or work--demolish, or
(b) in
relation to a relic or moveable object--damage, despoil, move or alter, or
(c) in relation to a place or precinct--damage, despoil or develop the land
that comprises the place or is within the precinct or damage or destroy any
tree or other vegetation on, or remove any tree or other vegetation from, the
place or precinct.
(2A) A reference in this Act to the excavation of
land extends to the excavation of any land beneath State waters within the
meaning of Part 3C, and includes a reference to the dredging of a body of
water or watercourse.
(3) A reference in this Act to the exercise of a
function includes, where that function is a duty, a reference to the
performance of that duty.
(4) Where functions are conferred or imposed by or
under this Act on a council, those functions may be exercised in respect of an
area by the council of that area.
(5) A reference in this Act to--
(a) the
erection of a building includes a reference to the rebuilding, enlargement or
extension of a building or the placing or relocating of a building on land,
(b) the alteration of a building or work is a reference to the making of
changes to the internal or external fabric or appearance of that building or
work whether or not involving--
(i) the carrying out of structural work, or
(ii) the repair or renovation, or the painting, plastering or other
decoration, of that building or work,
(c) the carrying out of a work includes
a reference to the rebuilding, enlargement or extension of a work,
(c1) a
work includes a reference to any physical activity in relation to land that is
specified by a regulation to be a work for the purposes of this Act but does
not include a reference to any activity that is specified by a regulation not
to be a work for the purposes of this Act,
(e) the demolition of a
building or work is a reference to the damaging, defacing, destruction,
pulling down or removal of that building or work, in whole or in part, and
(f) the carrying out of development includes a reference to the erection of a
building, the carrying out of a work, the use of land or of a building or
work, or the subdivision of land, as the case may require.
(6) A reference in
this Act to a prescribed form includes a reference to a form that is to the
effect of that prescribed form.