New South Wales Consolidated Regulations

NORTH COAST REGIONAL ENVIRONMENTAL PLAN - REG 36

36 Development control-heritage items, generally

(1) A person shall not, in respect of a building, work, relic, tree or place that is a heritage item:

(a) demolish or alter the building or work,

(b) damage or move the relic, or excavate for the purpose of exposing the relic,

(c) damage or despoil the land on which the building, work or relic is situated or the land which comprises the place,

(d) erect a building on, or subdivide, land on which the building, work or relic is situated or on the land which comprises the place, or

(e) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the council.

(2) The council shall not grant a consent required by subclause (1) unless it has made an assessment of:

(a) the heritage significance of the item,

(b) the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the item and its site,

(c) whether the setting of the item and, in particular, whether any stylistic, horticultural or archaeological features of the setting, should be retained,

(d) whether the item constitutes a danger to the users or occupiers of that item or to the public, and

(e) measures to be taken to conserve heritage items, including any conservation plan prepared by the applicant.

Note: The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact ).