Environmental Planning and Assessment Act 1979 No 203
121S Orders affecting heritage items
(1) This section applies to an item of the environmental
(a) to which an interim heritage order or listing on the State
Heritage Register under the Heritage Act
1977 applies or to which an order under section 136 of that
Act applies, or
(b) that is identified as such an item in an environmental planning
(2) A person must not give an order under this Division in respect of
an item of the environmental heritage to which this section applies until
after the person has considered the impact of the order on the heritage
significance of the item.
(3) A person must not give an order under this Division in respect of
an item of the environmental heritage to which subsection (1) (a) applies
until after the person has given notice of the order to the Heritage Council
and has considered any submissions duly made to the person by the Heritage
(4) The Heritage Council may, by instrument in writing served on a
person, exempt the person from the requirements of subsection
(5) An exemption under subsection (4) may be given unconditionally or
subject to such conditions as the Heritage Council determines, and may be
varied or revoked by a subsequent instrument in writing made by the Heritage
Council and served on the person.
(6) The Heritage Council may make a submission:
(a) within 28 days after it is given notice by the person,
(b) if, within 28 days after it is given notice by the person, the
Heritage Council requests that a joint inspection of the item be made, within
28 days after the joint inspection is made.
(7) If the Heritage Council notifies a person that it wishes to be
consulted in connection with an order under section 121R, the person must
include a statement to that effect in any order under section
(8) This section does not apply to:
(a) order No 3 in the Table to section 121B if given by a person in an
(b) order No 8, 10 or 11.