New South Wales Consolidated Regulations

WEDDIN LOCAL ENVIRONMENTAL PLAN 2002 - REG 39

39 Development of known or potential archaeological sites

(1) Consent may be granted 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) the consent authority 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 prepared in accordance with any guidelines notified to it by the Director-General of National Parks and Wildlife, 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 consents or permission under the National Parks and Wildlife Act 1974 has been granted.

(2) Consent may be granted 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) the consent authority 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 prepared in accordance with any guidelines notified to it by the Heritage Council, and

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