New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 129

129 Making of orders to curtail or modify other laws

(1) In this section,
"instrument" means any Act (other than this Act), rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made.

(2) Where the conservation of an item to which an interim heritage order made by the Minister or listing on the State Heritage Register applies is regulated, restricted or prohibited by an instrument, the Minister, if he or she is of the opinion that the conservation of that item is so necessary as to warrant it, may, by order published in the Gazette, declare that the instrument or such part of that instrument as is specified in the order shall not apply to or in respect of that item or shall apply to or in respect of that item subject to such modifications as are so specified in such circumstances, if any, as are so specified.

(3) Where a Minister is responsible for the administration of an instrument referred to in subsection (2), the Minister shall not make an order with respect to that instrument under that subsection except with the prior concurrence in writing of the first-mentioned Minister.

(4) The Minister may, by order published in the Gazette, at any time at which an order made by the Minister under subsection (2) remains in force, revoke that order in whole or in part.

(5) An order made by the Minister under subsection (2) or (4) shall take effect on and from the date of publication of that order in the Gazette.