New South Wales Consolidated Acts
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HERITAGE ACT 1977 - SECT 129
Making of orders to curtail or modify other laws
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.
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.
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