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Environmental Planning and Assessment Act 1979 No 203
Historical version for 26 October 2009 to 7 January 2010 (accessed 15 August 2020 at 11:09) Current version
121S Orders affecting heritage items
(1) This section applies to an item of the environmental heritage:(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 instrument.(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 Council.(4) The Heritage Council may, by instrument in writing served on a person, exempt the person from the requirements of subsection (3).(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, or(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 121P.(8) This section does not apply to:(a) order No 3 in the Table to section 121B if given by a person in an emergency, or(b) order No 8, 10 or 11.