Culture and heritage

Heritage

Permits and application forms

Section 144 of the Heritage Act allows the Heritage Councilto 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 new S140/S144 combined form should be used for all S144 permit variation requests by the Applicant of the original S140 Approval.Forms for various types of heritage work

To nominate an item for listing

To document a heritage item

  • Form: Heritage data form (dataformlocal.pdf, 101KB)

    Reason Required: To collect information on a heritage item, i.e. for a local council, heritage study, conservation management plan, or to contribute to the online heritage databases.

To make changes to heritage places

  • Form: Section 60 form (s60applicationform.pdf, 78KB)

    Reason 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.

Exemptions

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.

  • Form: Exemption notification form (formexemptionnotifications57.pdf, 42KB)

    Reason Required: To notify the Executive Director of the Heritage Division of certain exempt activities.

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.

  • Form: Section 60 form (s60applicationform.pdf, 78KB)

    Reason Required: To disturb or excavate sites listed on the State Heritage Register or to which an interim heritage order (IHO) applies

  • Form: S140 Archaeological Permit & S144 Permit Variation Form (S140-S144Frm2013.pdf, 45kB) 

    Reason Required: To disturb or excavate sites not listed on the State Heritage Register

Use the following resources to help fill out your application:

Archaeological Exceptions

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 or not.

  • Schedule of General Exemptions and Schedule of Additional Exceptions (gazette.pdf, 135KB)f
  • Form: S139 Exception & S146 Notification of a ‘Relic’ Form (S139-S146Frm2013.pdf, 45kB)
  • Form: Exemption Notification Form (formexemptionnotifications57.pdf, 42KB)  

    Reason Required: To notify the Executive Director of the Heritage Division of certain activities covered by the Additional Exceptions on a site NOT listed on the State Heritage Register.

  • To Vary an Existing Section 140 Archaeological 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 form should be used for all S144 permit variation requests by the Applicant of the original S140 Approval.

    Form: S140 Archaeological Permit & S144 Permit Variation Form (S140-S144Frm2013.pdf, 45kB)

    To Notify the Heritage Council about the 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/S146 form should be used for all notifications to the Heritage Council regarding the discovery of relics.

    Form: S139 Exception & S146 Notification of a ‘Relic’ Form (S139-S146Frm2013.pdf, 45kB)

    To make a property inquiry

    There are a range of options for those wishing to obtain a certificate which documents a listing on the State Heritage Register:

    • The Department of Lands Property Information offers a commercial service that guarantees processing of enquiries within 24 hours for a set fee.

      fGo to the Lands Department website for details and more information on Property inquiry forms.

    • The Department of Lands also provides a network of approved brokers. These brokers have access to a central register which includefs listings for a number of different agencies, such as the RTA, Sydney Water, the Heritage Division etc.
      Go to the Lands Department website to download the list of approved information brokers.

    • The Heritage Divison can process enquiries in five working days for a fee of $100 per search. The Section 167 form should be forwarded to the Heritage Division with your cheque or money order. The Heritage Division will provide a certificate as to whether the property is listed on the State Heritage Register or is subject to an interim heritage order or notice.
    • Form: Section 167 form (section167form2012.pdf, 17KB)

      Reason Required: To obtain an Evidentiary Certificate to document if a site is listed on the State Heritage Register or subject to an interim heritage order. Submit with fee $100.

    Freedom of information

    The Government Information (Public Access) Act 2009 (GIPA) came into effect on 1 July 2010. It replaced the previous Freedom of Information (FOI) laws. The intent of the GIPA Act is to open up government and make government agencies more accountable, transparent, and make information more accessible as a matter of course, as opposed to being released following a formal application.

    GIPAA requests concerning the Heritage Division are managed thfrough the Office of Environment and Heritage.

    Request access under the Government Information (Public Access) Act 2009 through the Office of Environment and Heritage

    More information is available on the NSW Premier's website.

    To apply for advice on fire upgrading, access or services issues

    The Fire, Access and Services Advisory Panel of the Heritage Council of NSW provides formal advice to government agencies, local councils and property owners on ways of achieving acceptable compliance with modern building standards while retaining the heritage significance of places.

    • Form: FASAP application form (FASAPapplicationform2006.pdf, 14KB)

      Reason Required: To seek expert advice from FASAP on fire upgrading, access or services issues

    For further information:

    • Check the FASAP page for further guidance on timing and completing the form;
    • Return by post or fax to:
      Fire Access and Services Advisory Panel,
      Heritage Council of NSW,
      Locked Bag 5020, Parramatta NSW 2124
      Fax: (02) 9873 8599.

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    Page last updated: 11 July 2016