Division 8Division 8 Controlling and restricting harm to buildings, works, relics and places not subject to interim heritage orders or State Heritage Register listing
136 Order restricting harm to buildings etc
(1) Where the Minister or the Chairperson of the Heritage Council is of the opinion that a building, work, relic or place (not being a building, work, relic or place the subject of an interim heritage order or listing on the State Heritage Register) is being or is about to be harmed, he or she may order that any work being carried out with respect to that building, work, relic or place shall cease and that no work, other than such work as may be specified in his or her order, shall be carried out with respect to that building, work, relic or place within a period of 40 days after the date of his or her order.(2) An order made by the Minister or the Chairperson of the Heritage Council under subsection (1) shall take effect on and from the date on which a copy of that order is affixed to the building, work, relic or place the subject of that order.(3) Where the Minister makes an order under subsection (1), the Minister shall immediately request the Heritage Council to furnish to him or her, within the period of 40 days after the date of that order, advice with respect to the making of an interim heritage order in respect of the building, work, relic or place the subject of his or her order.(4) The Heritage Council shall comply with the Minister’s request.(5) Where the Chairperson of the Heritage Council makes an order under subsection (1), he or she shall take all such steps as are necessary to enable the Heritage Council to furnish to the Minister, within the period of 40 days after the date of that order, advice with respect to the making of an interim heritage order in respect of the building, work, relic or place the subject of his or her order.(6) The Minister may revoke an order made under subsection (1) at any time after the Minister has received the advice or recommendation of the Heritage Council under subsection (3) or (5) but only during the period of 40 days after the date of that order.
A person shall not, while an order made by the Minister or the Chairperson of the Heritage Council under section 136 (1) is in force, carry out any work, other than such work as may be specified in that order, with respect to the building, work, relic or place the subject of that order.
(1) If an interim heritage order or order under section 136 (1) is in force in relation to a building, work, relic or place, a notice or order (whether made or issued before or after the interim heritage order or order under section 136 (1)) under any other Act which requires or permits the building, work, relic or place to be harmed, other than:(a) an order of the kind referred to in Order No 6 in the Table to section 121B of the Environmental Planning and Assessment Act 1979, or(b) a notice or order which is prescribed for the purposes of this section,is void.(2) On and from the date on which an interim heritage order ceases to have effect in relation to a building, work, relic or place, whether by lapsing, revocation or otherwise, any notice or order that is void under subsection (1) because of the interim heritage order comes back into force in relation to that building, work, relic or place.(3) On and from the date on which an approval is granted by an approval body under Division 3 of Part 4 in relation to a building, work, relic or place to which an interim heritage order applies, any notice or order that is void under subsection (1) because of the interim heritage order comes back into force in relation to that building, work, relic or place, but only to the extent to which it is consistent with the terms of the approval.