New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 74

74 Development affecting places or sites of known or potential Aboriginal heritage significance

Consent shall not be granted to development that is likely to have an impact on an Aboriginal place, or a potential Aboriginal place, or that will be carried out on an Aboriginal object, unless the consent authority has--

(a) considered a heritage impact statement explaining how the proposed development would affect the conservation of any Aboriginal object known or reasonably likely to be located at a site, or any Aboriginal place, which has been prepared in accordance with any guidelines for the time being notified to it by the Director-General of the Department of Environment and Conservation, and

(b) except where the proposed development is integrated development, notified the local Aboriginal communities (in such a way as it thinks appropriate) of its intention to do so and taken into consideration any comments received in response within 21 days after the relevant notice is sent.