New South Wales Consolidated Regulations New South Wales Consolidated RegulationsWhere the Council has received an application to carry out development on land which, in the opinion of the Council, comprises a potential archaeological site or is of potential archaeological significance, the Council may not grant consent unless:
(a) the Council has considered an assessment of the archaeological potential of the site or place and the impact of the proposed development on the significance of any relic or place, and
(b) in the case of a site or place that is identified as being of archaeological significance in an environmental planning instrument, the Council has considered a conservation plan which includes an assessment of how the proposed development would affect the conservation of the site or place, and
(c) in the case where the significance of a European site would be disturbed or the site would be excavated any necessary excavation permit has been obtained by the applicant under the Heritage Act 1977 , and