Culture and heritage

Heritage of NSW

Amendments to the Heritage Act 1977 (2010)

On 29 January 2010 parts of section 170 of the Heritage Act 1977 were amended through the Heritage Amendment Regulation 2010. The amendments are a result of the recommendations made from an independent expert review panel into the Heritage Act 1977 in March 2008 and endorsed by the Minister for Planning.

The amendment inserted a new clause 20 into the Heritage Regulation that prescribed the types of heritage items owned by a Government instrumentality that must be included in its Heritage and Conservation Register.

The types of heritage items that must be included as described in the Amending Regulation are:

  1. Heritage Items listed in environmental planning instruments (eg LEP's);
  2. Items subject to Interim Heritage Orders;
  3. Items listed on the State Heritage Register; and
  4. Items identified by the government instrumentality as having State heritage significance.

The Amending Regulation also prescribed the way in which heritage items are described in Heritage and Conservation Registers.

For items of local significance, the section 170 Register must include the item's name, location and the name of the local government area in which it is situated.

For items of State significance, the section 170 Register must include a fully completed inventory sheet.

You can view the amended Heritage Regulation 2005 relating to section 170 of the Heritage Act 1977 at the NSW Government legislation website.

The Heritage Amendment Act 2009 No. 34 also introduced a range of changes to the Heritage Act 1977 including removal of the requirement for Agencies to report on s.170 Registers and the condition of items entered on those Registers.

The Heritage Branch is currently updating the State Agency Heritage Guide [PDF] to reflect the above changes and to provide additional guidelines for Agency's preparing section 170 Registers.

In the interim you can view a quick summary of frequently asked questions.

Page last updated: 01 September 2012