New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 38G

38G Protection of items of environmental heritage

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

(a) demolish, alter or extend that building or work,

(b) damage or despoil that relic or place or any part of that relic or place, or

(c) excavate any land for the purpose of exposing or removing that relic,

except with the consent of the council.

(2) In deciding whether to grant consent to an application to carry out any such development, the council shall take into consideration the extent to which the carrying out of the development would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.

(3) The council shall not consent to the carrying out of development referred to in subclause (1) unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the Joadja site as a whole and of individual items of environmental heritage.

(4) Where the council has received an application for consent to carry out development on the Joadja site, the council shall not grant the consent unless:

(a) it has considered the archaeological potential of the land to which the application relates and the likely impact of the proposed development on the significance of any relic, place or site on the land to which this Division applies identified by the council as having heritage significance,

(b) in respect of a relic, place or site referred to in paragraph (a), it has considered a conservation plan which includes an assessment of how the proposed development would affect the conservation of the relic, place or site,

(c) an excavation permit has been obtained by the applicant under the Heritage Act 1977 , where the significance of a relic, place or site referred to in paragraph (a) would be disturbed or where the site would be excavated, and