1 Name of Act
2 Commencement
3 (Repealed)
4 Definitions
4A Heritage significance—interpretation
5 Act binds Crown
Part 2 The Heritage Council of New South Wales
Division 1 Constitution of the Heritage Council
6 Definitions
7 The Council
8 Members of the Heritage Council
9 Term of office
10 Removal from office
11 Vacation of office
12 Filling of casual vacancy
13 Alternate members
14 Chairperson
14A Deputy Chairperson
15 Absence of Chairperson and Deputy Chairperson
16 Chairperson’s vote
17 Quorum
18 Procedure
19 Minutes of meetings
20 Remuneration
Division 2 Functions of the Heritage Council
21 Functions of the Heritage Council
21A Committees of the Heritage Council
22 Registers
23 Annual report
Part 3 Interim heritage orders for items of State or local heritage significance
24 Minister can make interim heritage orders for items of State or local heritage significance
25 Minister can authorise councils to make interim heritage orders for items of local heritage significance
26 No notice required of intention to make interim heritage order
27 Application of interim heritage orders to curtilage and site
28 Procedure for notifying interim heritage orders
29 Commencement, duration and revocation of IHOs
30 Appeal against IHO made by council
Part 3A State Heritage Register
31 State Heritage Register to be kept by Heritage Council
32 Minister can direct listing on State Heritage Register
33 Procedure before recommendation for listing
34 Action by Minister following recommendation for listing
35 Ministerial Review Panel
36 Planning Assessment Commission
37 Action by Heritage Council on Minister’s decision
38 Removal of items from State Heritage Register
39 Minister can enter into heritage agreements
40 What heritage agreement can provide for
41 Variation and termination of heritage agreements
42 Duration of heritage agreements
43 Registered heritage agreement to run with land
44 Injunction
45 Financial and other assistance
46 Heritage agreement cannot be suspended by EPI
Part 3C Protection of historic shipwrecks
47 Definitions
Division 2 Historic shipwrecks protection
48 Declaration of historic shipwrecks
49 Register of Shipwrecks
50 Heritage Council advice on historic shipwrecks protection orders
51 Movement, damage or destruction of historic shipwrecks
52 Part not to apply to certain waters
53–55B (Repealed)
Part 4 Effect of interim heritage orders and listing on State Heritage Register
56 Definitions
Division 2 Controlled activities
57 Effect of interim heritage orders and listing on State Heritage Register
Division 3 Applications for approval
Subdivision 1 Applications generally
58 Application of Subdivision
59 Making of application
60 Form of application
61 Public notice of certain applications
62 Matters for consideration
63 Determination of application
63A Deferred commencement approvals
63B Partial and conditional approvals
64 Notice of determination
65 Effect of failure to make determination
65A Modification of approvals
Subdivision 2 Prescribed applications
66 Application of Subdivision
67 Order of giving of approvals
68 Consistency of approvals
69 Liability of consent authorities
Subdivision 1 Appeals in respect of applications other than prescribed applications
70 Appeals against certain determinations of the Heritage Council
70A Appeal to the Court against certain council determinations
71 Planning Assessment Commission reports
72 Right of appearance
73 Minister’s decision
74 Effect of the Minister’s decision
Subdivision 2 Appeals in respect of prescribed applications
75 Definition
76 Appeal to Minister in respect of prescribed applications
77 Manner of determining appeal
78 Planning Assessment Commission reports
79 Right of appearance
79A Minister’s decision
79B Effect of the Minister’s decision
Part 5 Environmental planning instruments affecting certain land
80 Definition
81 Application of Part
82 Heritage Council may request preparation of an environmental planning instrument
83 Heritage Council to be consulted in preparation of certain environmental planning instruments
84 Guidelines for preparation of EPIs
85–100 (Repealed)
Part 6 Other measures for the conservation of the environmental heritage
101 Definitions
102 Minister to be corporation sole for certain purposes
103 Heritage Conservation Fund
104 Payments into the Fund
105 Payments out of the Fund
105A Heritage Incentive Fund
106 Making of loans and grants by the corporation
107 Rates of interest on loans, and rental etc on leases by corporation
108 Execution of guarantees
109–111 (Repealed)
Division 3 Acquisition and disposal of property
112 Acquisition of land
113 (Repealed)
114 Acquisition of personal property by corporation
115 Power of corporation to accept gifts etc
116 Disposal of lands, gifts etc
117 (Repealed)
Division 5 Maintenance and repair
118 Minimum standards of maintenance and repair
119 Offence of not maintaining and repairing in accordance with minimum standards
120 Orders to remedy failure to maintain or repair
120A Notice to be given of proposed order
120B Making of representations
120C Procedure after consideration of representations
120D Reasons for orders to be given
120E Period for compliance with order
120F Notice of right to appeal against order
120G Giving and taking effect of orders
120H Order binds successors in title
120I Occupier of land may be required to permit owner to carry out work
120J Modification and revocation of orders
120K Failure to comply with order—carrying out of work by Heritage Council
120L Appeals concerning orders
120M Certificate as to orders
120N Chairperson to have Heritage Council functions
121 Failure to comply with order
122 Failure to comply with order under section 121 (1) (b) or (c)
123 Definitions
124 Request to make heritage valuations
125 Making of heritage valuations with other valuations
126 Application of valuing laws to heritage valuations
127 Payment of rates and taxes
128 Calculation of land tax
Division 7 Curtailment or modification of laws affecting the environmental heritage
129 Making of orders to curtail or modify other laws
129A–135 (Repealed)
136 Order restricting harm to buildings etc
137 Unlawful work
137A Conflicting orders void
Division 9 Protection of certain relics
138 Definitions
139 Excavation permit required in certain cases
140 Application for permit
141 Determination of application
142 Appeals arising from applications for permits
143 Minister’s decision
144 Variation or revocation of permit
145 Appeals arising from variation or revocation of permits
146 Notification of discovery of relic
146A Disposition of certain relics
146B Minister may direct that relic be given to museum or other conservation body
146C Forfeiture of certain relics
Part 7 Implementation and enforcement
147 Value of land compulsorily acquired
148 Entry and inspection
149 Obstruction of authorised person
150 Notices
151 Evidence
Division 2 Orders of the Court
152 Definitions
153 Restraint etc of breaches of this Act
154 Order of the Court
155 Application of Division
156 Offences against this Act and the regulations
157 Penalties
158 Proceedings for offences
158A Time within which proceedings for offences to be brought
159 Offences by corporations
160 Notices to show cause why certain restrictions on development etc should not be imposed
161 Orders restricting development etc
162 Notice of order under sec 161 (1)
163 Revocation of order under sec 161 (1)
164 Failure to comply with order under sec 161 (1)
165 Regulations
166 Submissions by councils to the Heritage Council
166A Heritage Council fees for services
167 Certificates
168 Liability of members of Heritage Council etc
169 Delegation of functions
170 Heritage and Conservation Register
170A Heritage management by government instrumentalities
171 Savings and transitional provisions