New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 75

75 Development affecting known or potential archaeological sites or relics of non-Aboriginal heritage significance

(1) Consent may be granted to the carrying out of development on an archaeological site or potential archaeological site or site of a relic that has non-Aboriginal heritage significance (whether or not it is, or has the potential to be, also an Aboriginal place or Aboriginal object) only if the consent authority has--

(a) considered a heritage impact statement explaining how the proposed development will affect the conservation of the site and any relic known or reasonably likely to be located at the site, and

(b) satisfied itself that any necessary excavation permit required by the Heritage Act 1977 has been granted.

(2) This clause does not apply if the proposed development--

(a) does not involve disturbance of below-ground deposits and the consent authority is of the opinion that the heritage significance of any above-ground relics would not be adversely affected by the proposed development, or

(b) is integrated development.