Development and heritage
Approval must be gained from the Heritage Council when making changes to a heritage place listed on the State Heritage Register or covered by an interim heritage order (IHO). Approval is also required when excavating any land in NSW where you might disturb an archaeological relic.
Use the pages in the Development section for guidance when making an application to the Heritage Council, to download the forms you need, or to comment on development applications currently on public exhibition.
To carry out work
- Form: Section 60 form (PDF 87KB)
- Reason why this form is required: To carry out activities to an item listed on the State Heritage register (SHR) or to which an interim heritage order (IHO) applies. Approval must gained from the Heritage Council when making changes to these heritage items.
For a step-by-step guide on lodging this application, go to our page on How to submit a section 60 application.
Use the fee calculator to determine the fee payable for this application.
If the works are only minor in nature, and will have minimal impact on the heritage significance of the place, they may be exempted from the requirement to submit a Section 60.
- Standard Exemptions for Works Requiring Heritage Council Approval (StandardExemptions.pdf, 99KB): Download the schedule of standard exemptions;
- Some of the activities require that the Director of the Heritage Division be notified. Check the schedule, and if you need to notify the Director, download the Exemption Notification Form below.
To excavate or disturb land
You will need to make an application to the Heritage Council if you are going to disturb or excavate any land in NSW that is likely to contain archaeological remains. There are two types of applications, depending on whether the site is listed on the State Heritage Register.
Use the fee calculator to determine the fee payable for the application.
SECTION 144 VARIATION OF A PERMIT
Section 144 of the Heritage Act allows the Heritage Council to vary an endorsed S140 excavation permit. Reasons for variations include (but are not limited to) change in archaeological personnel, change in scope of works or change of applicant. The S140/S144 Archaeological Permit & Variation Form (PDF 122KB) should be used for all S144 permit variation requests by the Applicant of the original S140 Approval.
The Heritage Division has drawn up at Checklist for Archaeological Applications (checklist2003.pdf, 59KB)
In some circumstances an excavation permit may not be required when excavating land in NSW. Usually this is where works are only minor in nature, and will have minimal impact on the heritage significance of the place. Again, the particular form to be downloaded (Exception/Exemption) will depend on whether the site is listed on the State Heritage Register.
Form: S139 Exception & S146 Notification of a ‘Relic’ Form (PDF 143KB)
Reason why this form is required: To notify the Director of the Heritage Division of certain activities covered by the Additional Exceptions on a site NOT listed on the State Heritage Register.
Form: Exemption Notification Form (PDF 141KB)
Reason why this form is required: To notify the Executive Director of the Heritage Division of certain exempt activities on a site listed on the State Heritage Register.
Schedule of General Exemptions and Schedule of Additional Exceptions (gazette.pdf, 135KB)
SECTION 146 NOTIFICATION OF A DISCOVERY OF A 'RELIC'.
Section 146 of the Heritage Act requires any person who believes they have discovered or located a relic (in any circumstances) to notify the Heritage Council. The S139 Exception & S146 Notification of a ‘Relic’ Form (PDF 143KB) should be used for all notifications to the Heritage Council regarding the discovery of relics.
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Page last updated: 19 December 2016