New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 70

70 Protection of heritage items and heritage conservation areas

(1) Notwithstanding clause 32 (Land use matrix), the following development may be carried out only with consent--

(a) demolishing or moving a heritage item or a building, work, relic, tree or place within a heritage conservation area,

(b) moving the whole or part of a heritage item,

(c) altering a heritage item or a building, work, relic, tree or place within a heritage conservation area by making structural or non-structural changes to its exterior, including to its detail, fabric, finish or appearance,

(d) altering a heritage item by making structural changes to its interior,

(e) disturbing or excavating an Aboriginal place while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in an Aboriginal object being discovered, exposed, moved, damaged or destroyed,

(f) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(g) erecting a building on, or subdividing, land upon which a heritage item is located or which is within a heritage conservation area.

(2) Development consent is not required under this clause if, in the opinion of the consent authority--

(a) the proposed development--

(i) is of a minor nature or consists of maintenance of the item or of a building, work, archaeological site, tree or place within a heritage conservation area, and

(ii) would not adversely affect the heritage significance of the heritage item or heritage conservation area, and

(b) the proponent has notified the consent authority in writing of the proposed work and the consent authority advises the applicant in writing before any work is carried out that it is satisfied that the proposed development will comply with this clause and that development consent is not required by this Division.

(3) Development consent is not required by this clause for--

(a) the creation of a new grave or monument, or

(b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers,

in a cemetery or burial ground where there will be no disturbance to human remains, relics in the form of grave goods or to an Aboriginal place.