New South Wales Consolidated Acts

HERITAGE ACT 1977

- As at 20 March 2024 
- Act 136 of 1977 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions
   4A.     Heritage significance
   5.      Act binds Crown

   PART 2 - THE HERITAGE COUNCIL OF NEW SOUTH WALES

           Division 1 - Constitution of the Heritage Council

   6.      (Repealed)
   7.      The Council
   8.      Members of Heritage Council
   9.      Members and procedure of Heritage Council
           10-20. (Repealed)

           Division 2 - Functions of the Heritage Council

   21.     Functions of Heritage Council
   21A.    Committees of the Heritage Council
   21B.    Publication of certain submissions
   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.     (Repealed)
   36.     Independent Planning Commission
   37.     Action by Heritage Council on Minister's decision
   38.     Removal of items from State Heritage Register
   38A.    Conservation management plans for State heritage items

   PART 3B - HERITAGE AGREEMENTS

   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

           Division 1 - Preliminary

   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

           Division 3 - General

   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

           Division 1 - Preliminary

   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.     Process for determination of application
   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

           Division 4 - Appeals

              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.     Independent Planning 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.     Independent Planning Commission reports
   79.     Right of appearance
   79A.    Minister's decision
   79B.    Effect of the Minister's decision

           Division 5 - Stop work orders

   79C.    Order restricting harm to heritage items

   PART 5 - (Repealed)
   None

   PART 6 - OTHER MEASURES FOR THE CONSERVATION OF THE ENVIRONMENTAL HERITAGE

           Division 1 - Preliminary

   101.    Definitions
   102.    Minister to be corporation sole for certain purposes

           Division 2 - Finance

   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

           Division 4 - (Repealed)
           None

           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)

           Division 6 - Rating and taxing

   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

           Division 8 - Controlling and restricting harm to buildings, works, relics and places not subject to interim heritage orders or State Heritage Register listing

           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 circumstances
   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

           Division 1 - General

   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

           Division 3 - Offences

   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.    Liability of directors etc for offences by corporation--accessory to the commission of the offences
   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)

           Division 4 - Regulations

   165.     Regulations

   PART 8 - MISCELLANEOUS

   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
   170B.   Referral to panel of submissions relating to items of local heritage significance
   171.    Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3