New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 63

63 Determination of application

(1) Except as provided by subsection (2), the approval body may determine an application for approval by granting approval to that application, either unconditionally or subject to conditions, or by refusing approval.

(1A) The determination of an application for approval in relation to integrated development is subject to Division 5 of Part 4 of the Environmental Planning and Assessment Act 1979 .

(2) Where--

(a) an application for approval is made to demolish the whole of a building or work, or

(b) an application for approval is made which would, if it were approved, necessitate the demolition of the whole of a building or work,

the approval body shall determine that application by refusing approval.

(3) Nothing in subsection (2) prevents the approval body from approving an application referred to in that subsection if--

(a) it is of the opinion that the building or work constitutes a danger to the users or occupiers of that building or work, the public or a section of the public, or

(b) it is a condition of the approval that the building or work be relocated on other land, or

(c) the building or work is situated (whether wholly or partly) in a place or precinct that is an item of State heritage significance, but is not itself such an item, and the approval body is of the opinion that the demolition of the whole of the building or work will not have a materially detrimental effect on the heritage significance of the place or precinct.

(4) Without limiting or restricting the power of the approval body to impose conditions under subsection (1), it may, in granting approval to an application for approval, impose, as a condition of its approval, a condition--

(a) that the applicant give security in such form and such amount as is determined by the approval body having regard to the nature and extent of the work referred to in the approval to ensure the satisfactory completion of that work, and

(b) that where the approval is to the demolition, in whole or in part, of a building or work, such measures as are specified in the approval be taken in the interests of public safety and convenience with respect to the demolition.