State Environmental Planning Policy (Biodiversity and Conservation) 2021

Heritage conservation in Sydney Harbour pt 6.4: Ins 2022 (629), Sch 1[1]. 6.51 Application of Part This Part applies to land in the Sydney Harbour catchment that is— (a) shown on the Heritage Map for the purposes of identifying a heritage item, or (b) an Aboriginal place of heritage significance. Note— Heritage items, other than Aboriginal places of heritage significance, are listed in Schedule 5. s 6.51: Ins 2022 (629), Sch 1[1]. 6.52 Heritage development In this Part— heritage development means development that involves one or more of the following— (a) demolishing or moving, or altering the exterior, including by changing the detail, fabric, finish or appearance of a building, of— (i) a heritage item, or (ii) an Aboriginal object, or (iii) a building, work, relic or tree within a place or site that is a heritage item, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on, or subdividing, land— (i) on which a heritage item or Aboriginal object is located, or (ii) within a place or site that is a heritage item, (f) development near a heritage item, including development that— (i) may have an impact on the setting of the heritage item, including by affecting a significant view to or from the item or by overshadowing, or (ii) may undermine or otherwise cause physical damage to the heritage item, or (iii) will otherwise have an adverse impact on the heritage significance of the heritage item. s 6.52: Ins 2022 (629), Sch 1[1]. 6.53 Requirement for development consent (1) Heritage development may be carried out only with development consent. (2) Despite subsection (1), development consent is not required for the following development— (a) development that— (i) is in a cemetery or burial ground, and (ii) is the creation of a new grave or monument, or excavation or disturbance of land for the purposes of conserving or repairing monuments or grave markers, and (iii) will not cause disturbance to human remains, relics or Aboriginal objects in the form of grave goods or to an Aboriginal place of heritage significance, (b) development that involves only the removal of a tree or other vegetation the consent authority is satisfied is a risk to human life or property. (3) The consent authority may, before work is carried out, give written notice to an applicant for development consent for heritage development that development consent is not required if the consent authority is satisfied the development— (a) is of a minor nature or is for the maintenance of— (i) a heritage item, or (ii) a building, work, relic, tree or place on a site that is a heritage item, or (iii) an Aboriginal object, or (iv) an archaeological site, and (b) will not adversely affect the heritage significance of the item, object or site. (4) In deciding whether to grant development consent to heritage development, the consent authority must consider the effect of the development on the heritage significance of the item, object or site. (5) In considering the effect of heritage development under subsection (4), the consent authority must consider the following— (a) the heritage significance of the item, object or site as part of the environmental heritage of the land to which this Part applies, (b) the impact of the development on the heritage significance of the item, object or site and its setting, including landscape or horticultural features, (c) the measures proposed to conserve the heritage significance of the item, object or site and its setting, (d) whether an archaeological site will be adversely affected by the development, (e) the extent to which the development will affect the form of historic subdivisions, (f) other matters the consent authority considers relevant. s 6.53: Ins 2022 (629), Sch 1[1]. 6.54 Aboriginal places of heritage significance (1) This section applies to heritage development that is— (a) in an Aboriginal place of heritage significance, or (b) likely to have an impact on an Aboriginal place of heritage significance. (2) (3) The consent authority must, before granting development consent to development in an Aboriginal place of heritage significance— (a) conduct an adequate investigation and assessment, which may involve consideration of a heritage impact statement, and (b) consider the effect of the proposed development on the heritage significance of— (i) the place, and (ii) any Aboriginal object known to be, or reasonably likely to be, located at the place. (4) The investigation and assessment under subsection (3)(a) may include consideration of proposals for measures to minimise the impact. s 6.54: Ins 2022 (629), Sch 1[1]. Am 2026 (286), Sch 1.1[10]. 6.55 s 6.55: Ins 2022 (629), Sch 1[1]. Rep 2026 (286), Sch 1.1[4]. 6.56 Demolition of nominated State heritage items (1) Development consent must not be granted to the demolition of a nominated State heritage item unless the consent authority has— (a) notified the Heritage Council of the demolition, and (b) considered any submissions made by the Heritage Council within 28 days after the notice is given. (2) In this section— nominated State heritage item means a heritage item that— (a) is identified as an item of State significance in a publicly exhibited heritage study adopted by a council, and (b) the council has, by written notice to the Heritage Council, nominated as an item of potential State significance. s 6.56: Ins 2022 (629), Sch 1[1]. 6.57 Conservation incentives (1) This section applies to development that— (a) involves a building that is a heritage item, or (b) is on land on which a building that is a heritage item is located, or (c) is in an Aboriginal place of heritage significance. (2) Development consent may be granted to development to which this section applies, even if the development would otherwise be prohibited under this Chapter, if the consent authority is satisfied of the following— (a) the conservation of the heritage item or Aboriginal place of heritage significance will be facilitated by the granting of development consent, (b) if a heritage management document or other document approved by the consent authority contains guidelines for the ongoing management and conservation of, or proposals to minimise the impact of development on, the heritage item or Aboriginal place of heritage significance—the development will be consistent with the guidelines or proposals, (c) the development will not adversely affect the heritage significance of— (i) the heritage item, including its setting, or (ii) the Aboriginal place of heritage significance, (d) the development will not have a significant adverse effect on the amenity of the surrounding area. s 6.57: Ins 2022 (629), Sch 1[1].