New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires--

"affected owner or occupier" , in relation to an interim heritage order or to listing on the State Heritage Register, means--

(a) in the case of an order or listing applicable to a place--the owner or any occupier of land that comprises the place, or

(b) in the case of an order or listing applicable to a building, work or relic (being a relic that is attached to or forms part of land)--the owner or any occupier of land on which the building, work or relic is situated, or

(c) in the case of an order or listing applicable to a relic that is not attached to or does not form part of land or is applicable to a moveable object--the owner of the relic or moveable object, or

(d) in the case of an order or listing applicable to a precinct--the owners or occupiers of land in the precinct.

"approval" includes an authority or a consent or permission.

"approved form" means a form approved by the Heritage Council.

"area" has the same meaning as it has in the Local Government Act 1993 .

"building" includes a part of a building, a structure or a part of a structure.

"Chairperson" means the Chairperson of the Heritage Council, appointed as referred to in section 8 (5).

"consent authority" , in relation to any act, matter or thing specified in or of a kind specified in the Local Government Act 1993 , any instruments made under that Act, the Environmental Planning and Assessment Act 1979 or an environmental planning instrument in force thereunder, or the Strata Schemes Development Act 2015 means--

(a) the person or body with whose approval that act, matter or thing may be done or without whose approval that act, matter or thing may not be done.

"conservation" includes preservation, protection, maintenance, restoration and adaptation.

"council" has the same meaning as it has in the Local Government Act 1993 .

"Court" means the Land and Environment Court.

"deferred commencement approval" means an approval referred to in section 63A (1).

"Department" means the Department of Climate Change, Energy, the Environment and Water.

"development" , in relation to land, means--

(a) the erection of a building on that land,

(b) the carrying out of a work in, on, over or under that land,

(c) the use of that land or of a building or work on that land, and

(d) the subdivision of that land,

but does not include any development of a class or description prescribed by the regulations for the purposes of this definition.

"environmental heritage" means those places, buildings, works, relics, moveable objects, and precincts, of State or local heritage significance.

"functions" includes powers, authorities and duties.

"government instrumentality" means--

(a) a government agency that must give details of land to Property and Development NSW under the Property and Development NSW Act 2006 , section 21A, and

(b) a State owned corporation.

"harm" means--

(a) in relation to a building or work--demolish, or

(b) in relation to a relic or moveable object--damage, despoil, move or alter, or

(c) in relation to a place or precinct--damage, despoil or develop the land that comprises the place or is within the precinct or damage or destroy any tree or other vegetation on, or remove any tree or other vegetation from, the place or precinct.

"heritage agreement" means a heritage agreement under Part 3B.

"Heritage Council" means the Heritage Council of New South Wales constituted under this Act.

"interim heritage order" means an interim heritage order in force under Part 3.

"item" means a place, building, work, relic, moveable object or precinct.

"list" means list on the State Heritage Register.

"local heritage significance" has the meaning given by section 4A.

"moveable object" means a moveable object that is not a relic.

"owner" has the same meaning as it has in the Local Government Act 1993 .

"place" means an area of land, with or without improvements.

"Independent Planning Commission" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .

"precinct" means an area, a part of an area, or any other part of the State.

"regulations" means the regulations made under this Act.

"relic" means any deposit, artefact, object or material evidence that--

(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b) is of State or local heritage significance.

"State heritage significance" has the meaning given by section 4A.

"State Heritage Register" means the State Heritage Register kept under Part 3A.

"Valuer-General" means the valuer-general appointed under the Valuation of Land Act 1916 .

(2) A reference in this Act to an item of the environmental heritage is a reference to an item that comprises part of the environmental heritage.

(2A) A reference in this Act to the excavation of land extends to the excavation of any land beneath State waters within the meaning of Part 3C, and includes a reference to the dredging of a body of water or watercourse.

(3) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.

(4) Where functions are conferred or imposed by or under this Act on a council, those functions may be exercised in respect of an area by the council of that area.

(5) A reference in this Act to--

(a) the erection of a building includes a reference to the rebuilding, enlargement or extension of a building or the placing or relocating of a building on land,

(b) the alteration of a building or work is a reference to the making of changes to the internal or external fabric or appearance of that building or work whether or not involving--

(i) the carrying out of structural work, or

(ii) the repair or renovation, or the painting, plastering or other decoration, of that building or work,

(c) the carrying out of a work includes a reference to the rebuilding, enlargement or extension of a work,

(c1) a work includes a reference to any physical activity in relation to land that is specified by a regulation to be a work for the purposes of this Act but does not include a reference to any activity that is specified by a regulation not to be a work for the purposes of this Act,

(d) the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979 ,

(e) the demolition of a building or work is a reference to the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part, and

(f) the carrying out of development includes a reference to the erection of a building, the carrying out of a work, the use of land or of a building or work, or the subdivision of land, as the case may require.

(6) A reference in this Act to a prescribed form includes a reference to a form that is to the effect of that prescribed form.