New South Wales Consolidated Regulations

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 24--HOMEBUSH BAY AREA - REG 28

28 Development affecting known or potential historical archaeological sites of relics of non-Aboriginal heritage significance

(1) Before granting consent for development that will be carried out on an archaeological site or a potential historical archaeological site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also the site of a relic of Aboriginal heritage significance), the consent authority must:

(a) consider a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2) This clause does not apply if the proposed development:

(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b) is integrated development.