New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 34

34 Development of known or potential archaeological sites

(1) The Council may grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:

(a) it has considered an assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) except where the proposed development is integrated development, it has notified the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and taken into consideration any comments received in response within 21 days after the notice was sent, and

(c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.

(2) The Council may grant consent to the carrying out of development on an archaeological site that has non-Aboriginal heritage significance or a potential archaeological site that is reasonably likely to have non-Aboriginal heritage significance only if:

(a) it has considered a heritage impact assessment of how the proposed development would affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

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

(3) Subclause (2) does not apply if the proposed development does not involve disturbance of below ground deposits and the Council is of the opinion that the heritage significance of any above ground deposits would not be adversely affected by the proposed development.