7.1 Heritage law (NSW)

7.1.1 Overview

Natural, cultural and built heritage is protected in NSW under the Heritage Act 1977.1 The Act allows for heritage items or places to be listed on the State Heritage Register, and for interim heritage orders to be made to protect heritage items or places. Approval must be obtained from the Heritage Council or local council before work can be done which might damage the item or place.

Indigenous heritage items or places are protected under the National Parks and Wildlife Act 1974, although these things can also be listed for protection on the State Heritage Register or under an interim heritage order.

For more information on how Indigenous heritage is protected, see Fact Sheet 8.1 Aboriginal Cultural Heritage.

Local councils also play an important role in protecting local natural and cultural heritage as part of their responsibilities for establishing land use zones and approving development under the Environmental Planning and Assessment Act 1979.

Items and places which are of national heritage significance, Commonwealth Heritage Places, or World Heritage are protected under the main Commonwealth environmental law, the Environment Protection and Biodiversity Conservation Act 1999.

For more information on how the Environment Protection and Biodiversity Conservation Act 1999 protects heritage, see Fact Sheet 3.2 on Commonwealth heritage protection law.

7.1.1.1 Useful legal texts

• Environmental & Planning Law in New South Wales, by Lyster, Lipman, Franklin, Wiffen and Pearson, The Federation Press (2007), Chapter 10, pp 380-420
• The Environmental Law Handbook, Farrier and Stein, eds (2006), Chapter 16, pp 558-594

7.1.2 Protection under the Heritage Act 1977

Environmental heritage in NSW is protected under the Heritage Act 1977.

There are three types of protection available:

• Listing on the State Heritage Register;
• Interim heritage orders; and
• Emergency orders.

Archaeological excavations require a permit if the person knows, or has reasonable cause to suspect, that they might discover, expose, move, damage or destroy a relic.2

Historic shipwrecks are also protected under the Heritage Act 1977, but are not addressed in this Fact Sheet.3

7.1.2.1 Responsible Minister and Department

The Planning Minister is responsible for the Heritage Act 1977.

The Heritage Act 1977 is administered by the Heritage Branch (formerly called the Heritage Office), which is a State government agency within the Department of Planning.

7.1.2.2 Heritage Council of NSW

The work of the Heritage Branch is guided by the Heritage Council http://www.heritage.nsw.gov.au/04_index.htm of NSW. The Council is established under the Heritage Act 1977.4 It is an advisory body whose members are appointed by the Planning Minister, including representatives from the community, DECCW, the conservation profession, and the National Trust of Australia (NSW).

The functions of the Heritage Council include:5

• making recommendations (including carrying out investigations, research and inquiries) to the Planning Minister with respect to the Heritage Act 1977 or any item of environmental heritage;
• maintaining a database (called the 'State Heritage Inventory') listing items of State and local heritage significance;
• conducting community education concerning the State's environmental heritage; and
• making submissions to persons or bodies (such as to consent authorities) regarding draft local environmental plans, state environmental planning policies or environmental impact statements. Also providing opinions or statements on environmental heritage (e.g. to the Land and Environment Court ) if the Council considers it appropriate to do so.

7.1.2.2.1 State Heritage Register and database

The Heritage Council must keep a public register of:6

• all interim heritage orders;
• all orders made under the Heritage Act 1977;
• all notices served under the Heritage Act 1977; and
• any heritage agreements entered into under the Act.

The Heritage Council must also maintain the State Heritage Register.7

7.1.2.3 Listing on the State Heritage Register

Listing on the State Heritage Register provides permanent protection for a heritage item. The effect of a listing is that a person cannot damage, destroy, alter or move the item, building or land without approval from the Heritage Council.8

7.1.2.3.1 Minister decides whether to list

The Planning Minister may decide whether an item is of State heritage significance and should be placed on the State Heritage Register, but only if the Heritage Council recommends the listing.9

The Heritage Council may make such a recommendation to the Planning Minister:10

• at the request of the Planning Minister;
• on the Heritage Council's own initiative;
• at the request of the owner of the item concerned; or
• at the request of the relevant local council.

7.1.2.3.2 What is an item of State heritage significance?

Items of State heritage significance include places, buildings, works, relics, moveable objects or precincts which are of historical, scientific, cultural, social, archaeological, aesthetic or natural significance to the State.11 The criteria that the Heritage Council uses to make decisions about whether or not an item is of State heritage significance must be published by the Planning Minister in the NSW Government Gazette.12

7.1.2.3.3 Procedure before making recommendation for listing

There is a detailed procedure which the Heritage Council must follow before it can make a recommendation to the Planning Minister that an item be placed on the State Heritage Register.13

The procedure includes the following requirements:

• The Heritage Council must give each person that it considers to be an affected owner or occupier written notice of its intention to consider a listing;
• Within 14 days after that, the Heritage Council must publish notice of its intention in a newspaper circulating in the are where the item is located;
• The notice must invite submissions on the listing, with a closing date for submissions (which is at least 14 days after publication of the newspaper notice);
• The Heritage Council must consider any submissions received, and must decide whether or not to recommend that the item be listed within 30 days of the closing date of submissions.

A person may object to a proposed listing on any ground they wish. However some common grounds include: that the item is not of State Heritage significance, the long-term conservation of the item is not necessary, a listing would render the item incapable of reasonable economic use, or that a listing would cause undue financial hardship to the owner.14

After the closing date for submissions, the Heritage Council must then notify its decision to all affected owners or occupiers, as well as all persons who made a submission during the submission period.15 The Heritage Council then makes its recommendation to the Minister (if it recommends a listing).

The Heritage Branch of the Department of Planning assists the Heritage Council with its technical and administrative work.

7.1.2.3.4 Action by Minister

After receiving a recommendation from the Heritage Council that an item be listed, the Planning Minister then has the option to:16

• decide whether or not to list the item;
• refer the matter to a Ministerial Review Panel for advice; or
• refer the matter to the Planning Assessment Commission.

If the matter is referred, the Minister must decide whether to list the item within 14 days of receiving a report from the Ministerial Review Panel or Planning Assessment Commission.17

7.1.2.3.5 Heritage Council notifies affected landowners

Within 14 days of being notified by the Minister that the Minister has decided to list an item, the Heritage Council must notify in writing each person that it considers to be an affected owner or occupier, and publish a notice in the NSW Government Gazette.18 A failure to give notice will not invalidate the listing.19

7.1.2.3.6 Appeals

There is no merits appeal available from a decision by the Minister to make a listing on the State Heritage Register. This means that you cannot appeal the decision because you don't agree with it.

However, if the Minister has not followed the correct legal process in making the listing, a person may bring judicial review proceedings in the Land and Environment Court challenging the validity of the decision.20

For more information on merits appeals and judicial review, see Fact Sheet 2.4 on the Land and Environment Court.

7.1.2.3.7 Removal of items from State Heritage Register

The Minister may direct that an item be removed from the State Heritage Register if the Minister is of the opinion that the item is no longer of State heritage significance.21 As with a listing, this may only be done on the recommendation of the Heritage Council. The procedure for removing an item from the State Heritage Register is the same as for making a listing (see above).22

7.1.2.3.8 Heritage Agreements

If an item has been listed on the State Heritage Register, the Planning Minister may enter into a heritage agreement with the owner of the item to assist in the conservation of the item.23

A heritage agreement can include provisions relating to:24

• the conservation of the item;
• a review of the valuation of the item or the land on which it is situated;
• the restriction on the use of the item or the land on which it is situated;
• the requirements for carrying out further work on the item or land, including any restrictions; and
• the availability of the item for public inspection, including any charges for admission.

The owner of the item or land may receive financial, technical or other professional advice or assistance from the government.25 The financial assistance may only be in the form of assistance to pay land tax, duty or council rates. Heritage agreements may be registered over the title of a property and if so, run with the land (i.e. they can bind future owners of the property).26 Only the Planning Minister may bring proceedings for an injunction to enforce a heritage agreement.27

7.1.2.3.9 Owner must maintain and repair heritage items

The owner of a building, work or relic which is listed on the State Heritage Register has a statutory obligation to maintain and repair the item.28 The Regulations set out the minimum standards of maintenance and repair which must be met, which include weather-proofing, fire protection and security.29

The Heritage Council may issue an owner with an order to maintain or repair a heritage item, but must first give the person notice and an opportunity to make representations.30 The owner may appeal against the notice to the Land and Environment Court within 28 days.31 Failure to comply with an order may mean that the land cannot be used or developed for up to 10 years, or that the government can compulsorily resume the land.32

7.1.2.4 Interim heritage orders

An interim heritage order is a temporary form of protection over an item or land that may be made while further investigation of the heritage value of the item is carried out. The effect of an interim heritage order is that a person cannot damage, destroy, alter or move the item, building or land without approval from the Heritage Council.33 The majority of interim heritage orders are made in response to community representations or concerns raised by local government.

The process for making an interim heritage order is much faster and less procedurally complex compared to making a listing on the State Heritage Register.

Interim heritage orders are made by the Planning Minister if the Planning Minister thinks that an item or land may be found (after further inquiry) to be of State or local heritage significance.34 Unlike listing on the State Heritage Register, the Planning Minister is not required to give anybody notice before making an interim heritage order.35

The Heritage Council should provide advice to the Planning Minister on whether to make an interim heritage order, and can do so either at the request of the Planning Minister or on its own initiative.36

The Planning Minister may authorise local councils to make interim heritage orders for items which are of local heritage significance.37

7.1.2.4.1 Notification of interim heritage orders

Once an interim heritage order has been made, the order must be published in the NSW Government Gazette and in a newspaper circulating in the area, and affected owners or occupiers must be notified.38 Failure to notify will not invalidate the order.39

An interim heritage order remains in force for 12 months, unless the order specifies a shorter period.40

7.1.2.4.2 Appeal by affected owner or occupier

An affected owner or occupier may appeal to the Land and Environment Court against an interim heritage order which is made by a local council.41 There is no appeal if the interim heritage order was made by the Planning Minister.

The appeal must be brought within 28 days of the date that the interim heritage order was published in the Government Gazette.42 The appeal will be heard as a merits appeal.43

If the Planning Minister has not followed the correct legal process in making the interim heritage order, any person can bring judicial review proceedings in the Land and Environment Court challenging the validity of the decision.44

For more information on merits appeals and judicial review, see Fact Sheet 2.4 on the Land and Environment Court.

7.1.2.5 Approvals to damage or demolish environmental heritage

A person who wishes to demolish, move, alter or in some way develop a place, building or land covered by an interim heritage order or a State Heritage Register listing (called 'environmental heritage') must first obtain approval from the Heritage Council.45 Any activity which might damage or destroy a tree or other vegetation on land or within a precinct relating to a heritage item also requires approval.46

An approval is not required for a Part 3A Major project.47

7.1.2.5.1 Public notice and submissions

Public notice of applications for approvals regarding environmental heritage need only be given if the Heritage Council is of the opinion that the application, if granted, would materially affect the significance of the item of environmental heritage. Where this occurs, the Heritage Council must publish notice of the application in a daily, State-wide newspaper.48

Notice is not required if the application relates to integrated development, in which case the integrated development process under the Environmental Planning and Assessment Act 1979 applies.49 See Fact Sheet 2.2 on Development Applications and Consents, for more information on integrated development.

The application for approval must be made available for public inspection for at least 21 days, during which period any person can make a written submission, which must be considered.50

7.1.2.5.2 Heritage Council decides approval

The Heritage Council must refuse approval if the application will result in the whole of a work or building being demolished.51 This is subject to some exceptions, such as where the building constitutes a danger to the public, or can be relocated on other land.52

7.1.2.5.3 Appeal to Planning Minister

An applicant who is dissatisfied with a decision of the Heritage Council regarding an approval may appeal to the Planning Minister. The appeal must be brought within 12 months of the applicant being notified of the decision, or after there has been a deemed refusal.53 If the approval relates to integrated development, then the appeal goes to the Land and Environment Court, and not the Planning Minister. The appeal will be heard as a merits appeal in the Land and Environment Court.54

For appeals which are made directly to the Planning Minister, the Planning Minister can request the Planning Assessment Commission to review the appeal, and to make recommendations as to whether the appeal should be dismissed or allowed.55 The appellant, Heritage Council, or any person who made a written submission during the public exhibition period, are entitled, if they so wish, to appear before the Planning Assessment Commission and to make submissions.56

The Planning Minister must then consider the recommendations of the Planning Assessment Commission, and decide whether to approve or refuse the application. The Planning Minister's decision is final, and there is no merits appeal to the Land and Environment Court.57

7.1.2.6 Emergency protection orders

The Planning Minister or the Chairperson of the Heritage Council may make an emergency order to stop work on a site if a building, work, relic or place is being harmed or is about to be harmed.58 These orders may only be used where the item or land is not already covered by an interim heritage order or listing on the State Heritage Register. They cannot be made in respect of a Part 3A Major project development.59

Emergency orders last for 40 days. Within that time, the Heritage Council must assess the heritage value of the item or place and advise the Minister as to whether an interim heritage order should be made.60

7.1.2.7 Requirements for archaeological excavations

7.1.2.7.1 Excavation permits

A person must not disturb or excavate land if they know, or have reasonable cause to suspect, that they might discover, expose, move or damage a relic, unless they have an excavation permit.61 A 'relic' means any deposit, object, artefact or material evidence which relates to the non-Aboriginal settlement of NSW.62

Excavation permits are issued by the Heritage Council.63 An excavation permit is not required for a Part 3A Major project.64

As soon as practicable after a person obtains a relic from an excavation under a permit, they must notify the Planning Minister of the existence of the relic.65 The Planning Minister can direct that the relic be forfeited and delivered to a museum, in which case no compensation is payable.66

An applicant who is dissatisfied with a decision of the Heritage Council to refuse, vary or revoke a permit (or if the Heritage Council fails to make a decision about the permit within 21 days) may appeal to the Planning Minister, whose decision is final.67

7.1.2.7.2 Notification of relics

All discoveries of relics must be notified to the Heritage Council, whether or not the person has been issued with a permit, and the location of the relic disclosed.68

There are serious penalties under the Act for failing to obtain an excavation permit or failing to notify the Heritage Council of discoveries, such as a fine of up to $1.1 million, or in serious cases, imprisonment for up to 6 months.69

7.1.2.8 Enforcement

7.1.2.8.1 Civil proceedings

Any person may bring civil enforcement proceedings in the Land and Environment Court to remedy or restrain a breach of the Heritage Act 1977.70 Where a breach is established, the Court has broad powers to limit the manner in which a site can be used, or to order the restoration of a building or site.71

7.1.2.8.2 Criminal proceedings

Minor offences against the Heritage Act 1977 may be heard in a Local Court, whereas more serious offences are heard in the Land and Environment Court.72

If a criminal offence has been committed, (e.g. a person has failed to obtain an approval to damage a heritage item, or has breached the terms of an approval) the Land and Environment Court may impose a penalty of up to $1.1 million, or imprisonment for up to 6 months, or both.73 The maximum penalty that a Local Court can impose is $22,000 or 3 months imprisonment, or both.74

Proceedings for an offence against the Heritage Act 1977 or the Regulations must be brought within 12 months of the alleged commission of the offence, or 12 months from when the offence first came to the attention of an authorised person.75

7.1.2.8.3 Order prohibiting use and development for up to 10 years

If an owner of land is convicted of an offence against the Heritage Act 1977 which involved demolishing, damaging or despoiling a heritage item or place, the Planning Minister may make an order directing that the land not be used or developed for up to 10 years.76 Before the order is made, the owner must be given an opportunity to show cause why the order should not be issued.77

7.1.3 Local councils and heritage protection

Local councils now have an increased role in heritage protection. The number of items listed on the State Heritage Register has substantially decreased in recent years, reflecting government policy that local councils take more responsibility for protecting local heritage.

Heritage items and places are now increasingly described in local environmental plans (LEP) and shown on the heritage maps which accompany the LEP.

7.1.3.1 Local environmental plans

Local environmental plans can include special provisions to conserve buildings, landscapes, relics and sites, as well as larger areas like historic precincts. For more information on how LEPs are made, see Fact Sheet 2.1.

Items which are protected are usually listed in a schedule to the LEP. Every local council has a Heritage Officer who is usually available to give information and advice on local heritage matters.

7.1.3.1.1 Role of Heritage Council

A council should not amend its LEP in a way which might affect land to which an interim heritage order or listing on the State Heritage Register applies unless the Heritage Council has been consulted.78

If a local council has failed to adequately protect local heritage in its LEP, the Heritage Council may intervene, if it chooses (but only with the approval of the Planning Minister), and prepare a draft LEP which the Minister can adopt.79

The Heritage Branch (formerly the Heritage Office) has produced Local Government Heritage Guidelines to assist local councils to implement their heritage responsibilities.80

7.1.3.1.2 Standard LEP Instrument

On 31 March 2006, the Planning Minister approved a standard local environmental plan known as the Standard Instrument - Principal Local Environmental Plan which prescribes a standard form and content for all LEPs in NSW.81 The objective of the Standard LEP Instrument is to standardise the provisions in LEPs across NSW. All local councils must adopt a new LEP in accordance with the Standard LEP instrument by 31 March 2011 at the latest.

The Standard LEP contains a clause dealing with heritage conservation (cl. 5.10) which it is compulsory for local councils to adopt.

For example, the provisions concerning heritage:82

• require a council to identify all heritage items, heritage conservation areas, archaeological sites and places of Aboriginal heritage significance on a Heritage Map, and to list the location and nature of those items and places in a schedule to the LEP (Schedule 5);
• set out when development consent is (and is not) required for work which might affect a heritage item (including any trees on or near the heritage place);
• allow a local council to require a heritage impact statement; and
• require a council to consider the effect of any proposed development on the heritage significance of any heritage item or heritage conservation area before granting development consent.

7.1.3.2 Development consent

Until such time as a local council has adopted a Standard LEP, local councils must consider the provisions in their existing LEPs which relate to heritage protection when deciding whether to consent to a development application.83

7.1.3.2.1 Integrated development

If a development will have the effect of demolishing, damaging or altering any item which is covered by an interim heritage order or State Heritage Register listing, then the developer will require approval from the local council or Heritage Council before they can carry out that work.84

Development applications which also require an approval under the Heritage Act 1977 fall within the category of integrated development.85 This means that the consent authority, after receiving a development application, must refer the application to the Heritage Council and obtain its general terms of approval, before consent can be granted.86 If the Heritage Council indicates that it will refuse an approval, then the consent authority must refuse the development application.87

If the approval under the Heritage Act 1977 would be granted by the local council (because it was the local council which made the interim heritage order), then it will not be integrated development.88

For more information on integrated development, see Fact Sheet 2.2 on Development applications and consents.

7.1.3.2.2 Part 3A Major projects are exempt

Major projects, such as infrastructure projects, may be approved by the Planning Minister under a special assessment and approval process which is set out in Part 3A of the Environmental Planning and Assessment Act 1979. Part 3A major projects are exempt from the need to obtain approvals or excavation permits under the Heritage Act 1977, and cannot have an emergency protection order made over them.89

For more information on Part 3A Major projects, see Fact Sheet 2.3 on Part 3A Major projects.

Local councils and other consent authorities must not issue an order for compliance with the Environmental Planning and Assessment Act 1979 if the order will affect an item of environmental heritage to which an interim heritage order or State Heritage Register listing applies unless the Heritage Council has had an opportunity to make submissions.90

7.1.3.3 Local councils can make interim heritage orders

The Planning Minister may authorise a local council to make interim heritage orders for items of local heritage significance in the council's local government area.91 An item of 'Local heritage significance' is defined as an item or land which is of significance to an area, having regard to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item.92 The majority of interim heritage orders are made in response to community representations or concerns held by the local council.

If authorised, a council may make an interim heritage order for a place or land that the council considers, on further inquiry or investigation, may be found to be of local heritage significance, and that the council considers is being or is likely to be harmed.93 A council does not have to give anyone notice before making an interim heritage order.94

7.1.3.3.1 Ministerial Order authorising councils to make interim heritage orders

The Planning Minister has issued a Ministerial Order authorising some councils to make interim heritage orders, although the authorisation is subject to strict conditions which are set out in Schedule 1 to the Order, and require a council to comply with the Local Government Heritage Guidelines (February 2002).95 For example, under Schedule 1 of the Ministerial Order, a council is required to obtain a preliminary heritage assessment of an item before making an interim heritage order, and must refer the proposal to the Heritage Branch (formerly the Heritage Office) if the land is likely to contain any items of significance to Aboriginal people.96

The Ministerial Order specifies that interim heritage orders will lapse after 6 months (but can be extended by council resolution), during which time the local council must decide whether to place the item on the heritage schedule of its local environmental plan, or, if the item is of State heritage significance, must nominate the item for inclusion on the State Heritage Register.97

7.1.3.3.2 What is the effect of an interim heritage order?

The effect of an interim heritage order made by a local council is that a person cannot damage, destroy, alter or move the item, building or land without approval from the council.98

7.1.3.3.3 Appeal by owner or occupier affected by interim heritage order

An affected owner or occupier may appeal to the Land and Environment Court against an interim heritage order which is made by a local council.99

The appeal must be brought within 28 days of the date that the interim heritage order was published in the Government Gazette.100 The appeal will be heard as a merits appeal in the Land and Environment Court.101

If the local council has not followed the correct legal process in making the interim heritage order, any person may bring judicial review proceedings in the Land and Environment Court challenging the validity of the decision.102

For more information on merits appeals and judicial review, see Fact Sheet 2.4 on the Land and Environment Court.

7.1.3.3.4 Approvals to damage or demolish

A person who wishes to demolish, move, alter or in some way develop a place, building or land covered by an interim heritage order which is made by a local council must first obtain approval from that council.103

Public notice of applications for approvals need only be given if the council is of the opinion that the application, if granted, would materially affect the heritage significance of the item or land. Where this occurs, the council must publish notice of the application in a daily, State-wide newspaper.104

The application for approval must be made available for public inspection for at least 21 days, during which period any person can make a written submission, which the council must consider.105

7.1.3.3.5 Heritage Council decides approval

The council must refuse approval if the application will result in the whole of a work or building being demolished.106 This is subject to some exceptions, such as where the building constitutes a danger to the public, or can be relocated on other land.107

7.1.3.3.6 Appeals against approval decisions

An applicant who is dissatisfied with a council decision regarding an application for approval can appeal to the Land and Environment Court within 12 months of receiving notice of the decision or after there has been a deemed refusal of the application.108 The appeal will be heard as a merits appeal in Class 1 of the Land and Environment Court.109

1. See also the Heritage Regulation 2005.
2. Heritage Act 1977, s. 139(1).
3. Heritage Act 1977, ss. 47 - 52.
4. Heritage Act 1977, s. 7-9.
5. Heritage Act 1977, s. 21.
6. Heritage Act 1977, s. 22(1).
7. Heritage Act 1977, ss. 22(2), 31.
8. Heritage Act 1977, s. 57(1).
9. Heritage Act 1977, s. 32(1).
10. Heritage Act 1977, s. 32(2).
11. Heritage Act 1977, s. 4A(1).
12. Heritage Act 1977, s. 4A(3).
13. Heritage Act 1977, s. 33.
14. Heritage Act 1977, s. 33(2).
15. Heritage Act 1977, s. 33(1)(e).
16. Heritage Act 1977, s. 34.
17. Heritage Act 1977, s. 34(2).
18. Heritage Act 1977, s. 37.
19. Heritage Act 1977, s.37(3).
20. Heritage Act 1977, s 153.
21. Heritage Act 1977, s 38(1).
22. Heritage Act 1977, s. 38(3).
23. Heritage Act 1977, s. 39.
24. Heritage Act 1977, s. 40.
25. Heritage Act 1977, ss. 40(b), 45.
26. Heritage Act 1977, s. 43.
27. Heritage Act 1977, s. 44.
28. Heritage Act 1977, s. 119.
29. Heritage Act 1977, s. 118; Heritage Regulation 2005, cll. 10 - 18.
30. Heritage Act 1977, ss. 120, 120A.
31. Heritage Act 1977, ss. 120F, 120L. These appeals are heard in Class 2 of the Land and Environment Court.
32. Heritage Act 1977, s. 121.
33. Heritage Act 1977, s. 57(1).
34. Heritage Act 1977, s. 24.
35. Heritage Act 1977, s. 26.
36. Heritage Act 1977, s. 24(2).
37. Heritage Act 1977, s. 25.
38. Heritage Act 1977, s. 28(1).
39. Heritage Act 1977, s. 28(3).
40. Heritage Act 1977, s. 29(2).
41. Heritage Act 1977, s. 30(1).
42. Heritage Act 1977, s. 30(2).
43. Land and Environment Court Act 1979, s. 17(e). Such appeals are heard in Class 1 of the Court's jurisdiction.
44. Heritage Act 1977, s. 153. These matters are heard in Class 4 of the Court's jurisdiction.
45. Heritage Act 1977, s. 57(1).
46. Heritage Act 1977, s. 57(1)(h).
47. Environmental Planning and Assessment Act 1979, s. 75U(c).
48. Heritage Act 1977, s. 61(1).
49. Heritage Act 1977, ss. 61(1A), 63(1A).
50. Heritage Act 1977, ss. 61(2), (3), 62(b).
51. Heritage Act 1977, s. 63(2).
52. Heritage Act 1977, s. 63(3).
53. Heritage Act 1977, s. 70.
54. Land and Environment Court Act 1979, s. 17(e). Merits appeals are heard in Class 1 of the Court's jurisdiction.
55. Heritage Act 1977, s. 71.
56. Heritage Act 1977, s. 72.
57. Heritage Act 1977, s. 74.
58. Heritage Act 1977, s. 136(1).
59. Environmental Planning and Assessment Act 1979, s. 75U(2).
60. Heritage Act 1977, s. 136.
61. Heritage Act 1977, s. 139(1).
62. Heritage Act 1977, s. 4(1), Definition "relic".
63. Heritage Act 1977, s. 141.
64. Environmental Planning and Assessment Act 1979, s. 75U(c).
65. Heritage Act 1977, s. 146A.
66. Heritage Act 1977, ss. 146B(1), 146C.
67. Heritage Act 1977, ss. 142, 145.
68. Heritage Act 1977, s. 146.
69. Heritage Act 1977, s. 156, 157.
70. Heritage Act 1977, s. 153.
71. Heritage Act 1977, s 154.
72. Heritage Act 1977, s. 158; Land and Environment Court Act 1979, s. 21(e). These matters are heard in Class 5 of the Court's jurisdiction.
73. Heritage Act 1977, ss. 156, 157.
74. Heritage Act 1977, s. 158(4).
75. Heritage Act 1977, s. 158A.
76. Heritage Act 1977, ss. 160, 161.
77. Heritage Act 1977, s. 160.
78. Heritage Act 1977, s. 83.
79. Heritage Act 1977, s. 82.
80. Heritage Act 1977, s. 84.
81. Standard Instrument (Local Environmental Plans) Order 2006, published in NSW Government Gazette, No 42, 31 March 2006, p 1879; Environmental Planning and Assessment Act 1979, ss. 33A(2), 65(1A).
82. Standard Instrument - Principal Local Environmental Plan, cll. 5.10.
83. Environmental Planning and Assessment Act 1979, s. 79C(1).
84. Heritage Act 1977, s. 57.
85. Environmental Planning and Assessment Act 1979, s. 91.
86. Environmental Planning and Assessment Act 1979, s. 91A.
87. Environmental Planning and Assessment Act 1979, s. 91A(4).
88. Environmental Planning and Assessment Act 1979, s. 91(4).
89. Environmental Planning and Assessment Act 1979, s. 75U(c).
90. Environmental Planning and Assessment Act 1979, s. 121B, 121S.
91. Heritage Act 1977, s. 25(1).
92. Heritage Act 1977, s. 4A.
93. Heritage Act 1977, s. 25(2).
94. Heritage Act 1977, s. 26.
95. Heritage Act 1977, s. 25(4), Ministerial Order "Authorisations for local councils to make Interim Heritage Orders", 21 August 2001; the Land and Environment Court has found that it is mandatory for a local council to follow the Local Government Heritage Guidelines issued by the Heritage Office (Feb 2002), when issuing an interim heritage order: Byron Ventilink Pty Ltd v Byron Shire Council (2005) 142 LGERA 215, at 229.
96. Ministerial Order, Sch 1, cl 1.
97. Ministerial Order, Sch 1, cl 5.
98. Heritage Act 1977, s. 57(1).
99. Heritage Act 1977, s. 30(1).
100. Heritage Act 1977, s. 30(2).
101. Land and Environment Court Act 1979, s. 17(e). Merits appeals are heard in Class 1 of the Court's jurisdiction.
102. Heritage Act 1977, s. 153. Judicial Review proceedings are heard in Class 4 of the Court's jurisdiction.
103. Heritage Act 1977, ss. 57(1), 56 see definition "approval body".
104. Heritage Act 1977, s. 61(1).
105. Heritage Act 1977, ss. 61(2), (3), 62(b).
106. Heritage Act 1977, s. 63(2).
107. Heritage Act 1977, s. 63(3).
108. Heritage Act 1977, s. 70A.
109. Land and Environment Court Act 1979, s. 17(e).

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