Standard exemptions

In New South Wales, certain activities are exempt from approval under the Heritage Act 1977 for items listed on the State Heritage Register or subject to an interim heritage order.

The standard exemptions are for doing simple things such as maintenance or installing a fire alarm. These activities must have little to no impact on the item’s heritage significance and support its ongoing management.

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette.

Before any activity takes place, follow the steps to:

understand what 'significant fabric' is
determine if your proposed activity can be done under a standard exemption and therefore you do not need to lodge an application for approval
understand how to comply with standard exemption requirements.

Check the heritage listing

Search the State Heritage Inventory to confirm the item is listed on the State Heritage Register or subject to an interim heritage order.

Understand what significant fabric is

The management of a heritage item depends on its significance and significant elements (or fabric). Significant fabric is the material of the heritage item which contributes to its significance. For example, it includes building interiors and exteriors, sub-surface remains, excavated material and natural elements.

You can find information about a heritage item’s significant fabric in:

its statement of significance (check the State Heritage Inventory)
a conservation management plan or strategy
a statement of heritage impact
a heritage collection plan
an archaeological management plan
an Aboriginal Place management plan
written advice prepared by a suitably qualified and experienced heritage professional.

Check if these or other exemptions apply

Refer to the list of standard exemptions below to see what applies.

Some State Heritage Register-listed items also have site-specific exemptions
For nominated or listed State Heritage Register items we can negotiate site-specific exemptions with the property owner/manager to ensure certain activities can be done without needing approval by the Heritage Council. These site-specific exemptions may include activities that:

are necessary for day-to-day management of the property
have been previously approved (by the relevant consent authority)
are overseen by a qualified heritage consultant
are not covered by the standard exemptions.

To find out if site-specific exemptions also apply for a heritage item, check the State Heritage Inventory (search the item and look under the 'Procedures/Exemptions' tab), the Heritage Council endorsed conservation management plan for the item (if applicable) or contact us.

Before doing anything assess for yourself whether the activity can be done under an exemption. The proposed activity may be exempt from needing approval if it:

complies with the general conditions that apply to all standard exemptions
fits the description of one or more standard exemption
complies with the relevant standards for each standard exemption
fits the description of any site-specific exemptions for the item.

If your proposed activity is not covered by any exemption, you must apply and be granted approval before the activity takes place.

Check if any other approvals apply

Activities exempt from approval under the Heritage Act 1977 might still need other approvals. For example, your proposed activity might need an Aboriginal Heritage Impact Permit under the National Parks and Wildlife Act 1974, if Aboriginal objects may be present or the site is a declared Aboriginal Place.

Engage suitably qualified professionals

Heritage projects need the right experts to get the job done. Try searching online or asking around for professionals who have the skills and experience for what you need.

Any activity done under an exemption must be carried out by qualified people with the right knowledge, skills and demonstrated experience.

Keep records

Owners should keep records of any activities completed under a standard exemption or a site-specific exemption. We suggest using the Heritage exemption record keeping form (DOCX 102KB).

When activities are done under site-specific exemptions, follow the documentation requirements indicated for the site-specific exemptions.

A record of the use of exemptions should include (at a minimum):

a reference to the item’s statement of heritage significance
a detailed description of the proposed activities and how this changes the existing fabric
an assessment of whether the activities impact the item’s heritage significance (following the guidelines)
details of any advice received from a suitably qualified and experienced professional
other relevant records – for example, plans, copies of heritage advice received and before and after photos as attachments.

Manage unexpected issues and finds

While carrying out the activity if anything unexpected (such as significant fabric or relics) is found, stop work and evaluate:

whether you can address the issue within the defined activities, relevant standards and conditions of the exemption
whether you need new or additional professional advice and expertise.

If you are not able to address the issue under an exemption, you will need to apply for and be granted a heritage approval before proceeding.

Use the record keeping form to document these issues, your decisions and any advice received which informed those decisions.

List of standard exemptions

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette (PDF 1.4MB) on 7 November 2025 and must be complied with. The standard exemptions first came into effect in 2019. They were reviewed and updated in 2025.

General conditions

These general conditions apply to the use of all standard exemptions and must be complied with.

These exemptions apply only to items listed on the State Heritage Register or subject to an Interim Heritage Order and to the owner of such item, or any person with the consent in writing of that owner, or if the item is situated on Crown Land, as defined in the Crown Land Management Act 2016, the lawful occupier.
These exemptions do not apply to underwater items or parts of an item that are underwater.
These exemptions do not permit moderate or major adverse impacts (see glossary of terms) to the listed heritage values or significance of items on the State Heritage Register, or subject to an Interim Heritage Order, including but not limited to significant views to or from an item.
These exemptions do not permit activities that reduce the ability to interpret the significance of an item.
These exemptions do not permit relics or any Aboriginal objects to be damaged, destroyed or removed.
These exemptions do not permit the removal of any significant fabric, other than in accordance with Activity 3 and the advice of a suitably qualified and experienced professional person.
The proponent is responsible for ensuring that any activities undertaken by them meet the activity description and the relevant standards set out in each exemption and these general conditions.
The class of persons engaging in or carrying out work in accordance with these exemptions must have knowledge, skills and experience appropriate to the work.
Activities or work carried out under these exemptions must not contravene the National Construction Code.

Notes:

If relics are discovered, work must cease in the affected area and the Heritage Council must be notified in writing in accordance with section 146 of the Heritage Act 1977. Depending on the nature of the discovery, assessment and an excavation permit may be required prior to the recommencement of work in the affected area.
If any Aboriginal objects are discovered, excavation or disturbance must cease, and the discovery must be reported in accordance with section 89A of the National Parks and Wildlife Act 1974.
Activities should be carried out in accordance with any relevant practice notes and guidelines available on the Heritage NSW website.
These exemptions are not an authorisation, approval or exemption for the activities or works under any other legislation or local government and state government requirements (including, but not limited to, the Environmental Planning and Assessment Act 1979 and the National Parks and Wildlife Act 1974).
Proponents should keep records of any activities for auditing and compliance purposes by the Heritage Council. Where advice of a suitably qualified and experienced professional has been sought, a record of that advice should be kept. Records should be kept in a current readable electronic file or hard copy for at least 7 years.

1. Maintenance and cleaning

This exemption is for maintenance and cleaning which is part of the continuous protective care of a place, including the fabric and setting of a place. Examples of typical maintenance and cleaning activities include:

washing surfaces to remove grime
removing vegetation and litter from gutters and drainage systems
lubricating equipment which has moving parts
applying protective coatings to surfaces which have previously had such coatings: for example, limewash, polish, oils and waxes.

General conditions apply to the use of all standard exemptions and must be complied with.

The following specified activities do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities are undertaken in accordance with each of the relevant standards prescribed below.

Description of activity

a. The maintenance of an item to retain its condition or operation.
b. Application of protection coatings such as limewash, polish, oils and waxes to an item.
c. Cleaning to remove surface deposits, organic growths or graffiti from an item.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not alter, damage, or remove significant fabric.
f. New materials or finishes may only be introduced to non-significant fabric where this does not impact the significance of the item, uses a colour sympathetic to the item, does not detract from the item and does not reduce the ability to appreciate the item.
g. Protective coatings may only be applied to surfaces which have previously had these coatings. Existing finishes such as oils and waxes for timber must continue to be used rather than modern alternative protective coatings.
h. Surface patina important to the item’s heritage significance must be preserved during maintenance and cleaning.
i. Cleaning of significant fabric with water must only use low-pressure water and neutral detergents appropriate to the surface being cleaned. Water pressure must not exceed 500 kPa (72 psi) or other pressure suitable to the fabric or surface in accordance with written advice prepared by a suitably qualified and experienced heritage professional.

2. Repairs to non-significant fabric

This exemption is for repair or replacement of damaged or deteriorated non-significant fabric of a heritage item that is beyond further maintenance.

Examples of typical repair activities include:

refixing palings that have fallen off a fence
patching damaged plaster
regrouting tiles
replacing decayed/destroyed roof gutters with new gutters on a building.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Repair (such as refixing and patching) of damaged or deteriorated non-significant fabric.
b. Replacement of missing, damaged or deteriorated non-significant fabric of an item.

Relevant standards

c. The specified activities must be carried out in accordance with the general conditions.
d. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
e. Only missing, damaged or deteriorated non-significant fabric that is beyond further repair or maintenance may be replaced.
f. Any new materials or processes must not exacerbate the decay of significant fabric due to chemical incompatibility, obscure existing significant fabric or limit access to significant fabric for future maintenance.

3. Repair and replacement of significant fabric

This exemption is for minor repair and replacement of significant fabric that is beyond further maintenance.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Minor repair (such as refixing and patching) of damaged or deteriorated significant fabric of an item that is beyond further maintenance.
b. Replacement of missing, damaged or deteriorated significant fabric of an item that is beyond repair.
c. Works directly associated with minor repair and replacement of significant fabric of an item.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. Repairs must be based on the principle of doing as little as possible and only as much as is necessary to retain and protect the item. Therefore, replacement must only occur as a last resort where a part of an item has decayed beyond further maintenance.
f. Any new fabric must be sympathetic to the appearance, composition, detailing, size, position and finish of existing fabric.
g. Repair must maximise protection and retention of significant fabric and conserve existing detailing.
h. Any new materials used for repair must not exacerbate the decay of surrounding significant fabric due to chemical incompatibility, obscure existing significant fabric or limit access to existing significant fabric for future maintenance.
i. The specified activities are to be consistent with an assessment and the advice of a qualified and experienced heritage professional.

4. Alterations to non-significant fabric

This exemption is for alterations to non-significant fabric and/or the removal of non-significant fabric. It is not for demolishing or constructing whole structures or buildings.

Examples of typical repair activities include:

reopening a closed pre-existing fireplace
removing single glazed non-significant window and installing double glazed window
replacing non-significant bathroom finishes/surfaces such as tiles, and fixtures such as vanities, shower cabins and baths
installing built-in units (for example, a bookshelf) to non-significant walls.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The introduction of new fabric and/or the removal of non-significant fabric to an item including exteriors but not including demolition or construction of whole buildings or structures.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
d. Significant finishes, surfaces (including flooring) and fixtures must not be impacted.
e. Any new fabric must be sympathetic to but can be distinguished from the appearance, composition, detailing, size, position and finish of existing fabric.
f. Non-significant fabric must be identified as non-significant fabric in the listing on the State Heritage Register, in an Interim Heritage Order, in a heritage management document or identified as non-significant fabric in written advice prepared by a suitably qualified and experienced heritage professional before it can be removed.
g. Installation of new fabric must be in accordance with the policies of a heritage management document or with written advice prepared by a suitably qualified and experienced heritage professional before installation.
h. Any new penetrations, fixings and/or fastenings must:

i. be limited in number
ii. use existing penetrations and/or mortar joints where possible
iii. not damage surrounding significant fabric
iv. be made through non-significant fabric or mortar joints only.

i. Any new fabric must not exacerbate the decay of existing fabric or risk the destruction of existing significant fabric due to chemical incompatibility, vibration, percussion or explosive flammability.

5. Alteration to interiors of non-significant buildings

This exemption is for alterations to the inside of non-significant buildings.

Non-significant buildings must be:

identified as non-significant in a heritage management document or written advice prepared by a suitably qualified and experienced heritage professional and/or
constructed since the listing of the item on the State Heritage Register or protected by an interim heritage order.

Examples of typical alteration activities include:

refurbishment or renovation of interiors of non-significant buildings
replacement of fabric inside non-significant buildings.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Alteration to the interior of a non-significant building, including the removal of non-significant fabric.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
d. The specified activity must not involve construction of extensions or additions where these may adversely impact the item’s setting or obscure existing significant fabric and/or views to or from the item.
e. Non-significant buildings must be either:

i. buildings identified as non-significant in the listing on the State Heritage Register, in an Interim Heritage Order or in a heritage management document or identified as non-significant building in written advice prepared by a suitably qualified and experienced heritage professional, and/or
ii. buildings constructed since the listing of the item on the State Heritage Register or the publication of an Interim Heritage Order in the Gazette, which applies to the land.

6. Repair or replacement of existing non-significant utility and services infrastructure

This exemption is for the repair or replacement of services that are not of heritage significance.

Examples of typical service repair or replacement activities include:

rewiring of electrical fittings
replace light fixtures and fittings with energy efficient alternatives
repair to mechanical parts of a boiler or engine.

For telecommunications facilities and water, wastewater and stormwater infrastructure, see Exemption 7.

For fire safety, suppression and detection and security systems, see Exemption 8.

General conditions apply to the use of all standard exemptions and must be complied with.

The following specified activities to an item do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities/works are undertaken in accordance with each of the relevant standards prescribed below.

Description of activity

a. Repair, replacement or removal of existing non-significant utility and services infrastructure on or in an item, such as cabling, ducts, plumbing and wiring (excluding telecommunications facilities, water, wastewater and stormwater infrastructure and fire safety, suppression and detection and security systems).
b. Activities necessary to upgrade or replace existing non-significant lighting fixtures and fittings within buildings/structures and/or affixed to buildings/structures.

Relevant standards

c. The specified activities must be carried out in accordance with the general conditions.
d. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
e. Any excavation must comply with the relevant standards for Activity 9: Excavation.
f. Any new hardware must not be attached to the primary or significant façade(s) and must be discreetly located to reduce adverse visual impact.
g. Replacement fabric must appear the same, be sympathetic to the item’s fabric and unobtrusive.
h. The specified activities must use existing service routes, cavities or voids or replace existing surface mounted services.
i. Any new fabric must not obscure significant fabric or limit access to significant fabric for future maintenance.
j. Any new fabric must not exacerbate the decay of existing fabric or risk the destruction of existing significant fabric due to chemical incompatibility, vibration, percussion or explosive flammability.
k. Replacement surface mounted services must be the same or less intrusive than the surface mounted services they replace.
l. Existing service routes and/or conduits may be deleted and fabric made good if the installation can be streamlined into one existing service route, cavity or void.

7. Non-significant telecommunications facilities and water, wastewater and stormwater infrastructure

This exemption is for the upgrade or installation of telecommunication facilities and water, wastewater and stormwater infrastructure that is not of heritage significance.

Examples of typical activities include:

increasing the size or number of antennae on an approved tower or fixing point
installation of new telephone and/or internet cabling
upgrade of a communications switchboard.

General conditions apply to the use of all standard exemptions and must be complied with.

The following specified activities to an item do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities are undertaken in accordance with each of the relevant standards prescribed below.

Description of activity

a. Upgrade existing non-significant telecommunications facilities or water, wastewater and stormwater infrastructure.
b. Removal of non-significant telecommunications facilities or water, wastewater and stormwater infrastructure.
c. Installation of non-significant telecommunications facilities (excluding towers and dishes) or water, wastewater and stormwater infrastructure.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not involve alteration to, removal of or damage to significant fabric, other than reuse of existing fixing points.
f. Any excavation must comply with the relevant standards for the Activity 9: Excavation.
g. Any new hardware must not be attached to the primary or significant façade(s) and must be discreetly located to reduce adverse visual impact.
h. Any new fabric must not obscure significant fabric or limit access to significant fabric for future maintenance.
i. Existing service routes and/or conduits may be deleted if the installation can be streamlined into one existing service route, cavity or void.
j. The specified activities must not result in:

i. an increase in height of any existing infrastructure
ii. more than a 20% increase in the size of any existing infrastructure.

k. New elements must be able to be later removed without damage to the significant fabric of the item.

8. Fire safety, suppression and detection and security systems

This exemption is for upgrading, installing and/or removing fire safety detection or alarm systems, fire suppression systems and security systems.

Examples of typical activities include:

installation of fire alarms, sprinklers, hydrants and hose reels
installation of security camera, locks and alarms
rewiring of heat or smoke detectors
upgrade of a fire panel
upgrade of evacuation lighting.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Upgrade to, or installation of:

i. fire safety detection and alarm systems
ii. fire suppression systems including sprinklers, booster assemblies, permitter ring mains, fire service connections, hydrants and hose reels
iii. security systems (including cameras, locks and alarms).

b. Removal of non-significant infrastructure associated with previously installed systems specified in a) i) to iii).
c. Works in accordance with fire orders issued by a local council, the National Construction Code, the Environmental Planning and Assessment Act 1979 and subsidiary regulations.

Relevant standards

i. unnecessarily obscure significant fabric
ii. limit access to significant fabric for future maintenance
iii. exacerbate the decay of significant fabric
iv. risk the destruction of significant fabric due to chemical incompatibility.

g. Elements must be:

i. not attached to primary façade(s)
ii. grouped with existing services and/or existing service routes, cavities or voids where possible
iii. consolidated with existing conduits where possible
iv. discreetly located to reduce adverse visual impact while maintaining the need for easy identification and access.

h. Elements must be able to be later removed without damage to the significant fabric of the item.

9. Excavation

This exemption is for minor excavation or disturbance of land without removal of State significant relics.

Examples of typical minor excavation or disturbance activities include excavation:

to locate services
of an existing service trench to inspect, maintain or repair underground services
to access and repair building foundations
to remove contaminated soil
for the purposes of geotechnical or contamination testing
as part of insect or vermin eradication.

If substantial intact archaeological relics of State or local significance or any Aboriginal objects are discovered during excavation, you must stop all activities and notify Heritage NSW.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Excavation or disturbance of land that is:

i. for the purpose of locating and/or exposing underground utility services infrastructure which occurs within an existing service trench
ii. to carry out inspections or emergency maintenance or repair on underground utility services
iii. to maintain, repair, or replace underground utility services to buildings
iv. to maintain or repair the foundations of an existing building
v. to expose survey marks
vi. associated with feral animal/insect eradication
vii. for other activities exempt by these exemptions.

b. Removing contaminated soils.
c. Excavation for the purposes of geotechnical testing, contamination testing, survey and exploration including:

i. bore holes up to 100mm in width
ii. hydraulic and soil testing up to 100mm in width.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not involve ground disturbance or excavation which may expose, move, damage or destroy known or relics, ruins and/or Aboriginal objects.
f. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric.
g. Excavation must not compromise the structural integrity of any significant item or significant part of an item.
h. The specified activities must be made good, for example filled in and restored to original ground level.

10. Painting

This exemption is for repainting of already painted fabric or the painting of non-significant fabric.

Examples of typical activities include:

removal of peeling, flaking or otherwise failed paint
preparing a surface (for example, by sanding) for painting
painting a surface with a suitable paint.

This exemption does not allow for painting of previously unpainted significant fabric (for example, face brickwork, stone, concrete or metal) as this is likely to adversely affect the item’s heritage significance.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Paint removal, surface preparation and repainting of the already painted fabric of an item.
b. Painting non-significant fabric.
c. Paint scrapes to inform decisions about repainting or to find evidence of original or earlier colour schemes.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not involve the disturbance or removal of earlier paint layers other than those which have failed by chalking, flaking, peeling or blistering.
f. When applying new painted finishes to existing painted significant fabric, activities must involve application of an isolating layer, to protect significant earlier layers and provide a stable basis for repainting.
g. Painting significant fabric must use:

i. the same colour scheme as an earlier or existing scheme, where that earlier colour scheme is sympathetic to the heritage significance of the item
ii. a colour scheme developed as part of a heritage management document, where that scheme has been developed by a suitably qualified and experienced specialist.

h. For removal of earlier failed paint layers, the paint removal method/s used must be verified by a suitably qualified and experienced professional to not affect significant fabric. Paint removal must be immediately followed by recoating using the same colour scheme to protect the exposed surface unless otherwise advised by a suitably qualified and experienced professional to aid in treatment for salts and/or rising damp issues.
i. New paint must be appropriate to the substrate.
j. Painting must not endanger the survival of earlier paint layers.
k. Painting of non-significant fabric must:

i. use a colour sympathetic to the item
ii. not detract from the item
iii. not reduce the ability to appreciate the item.

l. Paint scrapes must be inconspicuous and made by a professional experienced in the technique.

Notes

Preference should be given to the re-establishment of historically significant paint schemes of the item that are appropriate to the item’s significance.
When removing failed paint layers to achieve a stable base for repainting, minimise the intervention as much as possible to avoid losing the significant historical record. If old paint layers are sound, they should be left undisturbed.
Do not strip paint coatings which were intended to be protective as it may expose the substrate to damage and cause the loss of the historical record and significance of the item.
The removal of paint with a high content of lead or other hazardous coatings, requires considerable care and use of experienced tradespeople as its disturbance can create health hazards.

11. Restoration of significant fabric

This exemption is for restoration of an item by returning significant fabric to a known earlier location or revealing a known earlier significant configuration.

Examples of typical restoration activities include:

reassembling and returning significant fabric, such as a garden fountain to its original location
reopening a closed pre-existing doorway that forms part of the item’s earlier significant configuration
repointing of deteriorated brick or stone wall mortar using traditional lime/sand mortar.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Returning significant fabric, which has been removed or dislodged, to a known earlier location.
b. Revealing a known earlier significant configuration, including reassembling existing elements or removing non-significant accretions and/or obstructions.
c. Repointing of deteriorated brick or stone wall mortar using traditional lime/sand mortar.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
f. The specified activities must not introduce new material other than mortar, fixings and fastenings.
g. Any new fixings and fastenings must use existing penetrations where possible.
h. Any new penetrations must be:

i. limited in number; and
ii. made through non-significant fabric or mortar joints only.

i. Any new fabric must not exacerbate the decay of, or risk the destruction of, existing significant fabric due to chemical incompatibility, vibration, percussion or explosive flammability.
j. Activities to reveal a known earlier configuration must be guided by historical evidence for the earlier configuration of that item.
k. Revealing a known earlier configuration must be in accordance with the policies of a heritage management document or written advice prepared by a suitably qualified and experienced heritage professional.
l. Non-significant accretions and/or obstructions must be identified as non-significant fabric in the listing on the State Heritage Register, in an Interim Heritage Order, in a heritage management document or written advice prepared by a suitably qualified and experienced heritage professional, before it can be removed.
m. The specified activities must be carried out by a suitably qualified person with heritage experience.

12. Strata subdivision of buildings

This exemption is for subdivision of the interior of a building that is not of heritage significance or the exterior of a heritage item for car spaces only.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Subdivision under the Strata Schemes Development Act 2015 of the interior of a non-significant building which has been constructed since the listing of the item on the State Heritage Register or the publication of an Interim Heritage Order in the NSW Government Gazette.
b. Subdivision under the Strata Schemes Development Act 2015 of the exterior of a building for car spaces.

Relevant standards

c. The specified activities must be carried out in accordance with the general conditions.
d. Non-significant buildings must be identified as non-significant in the listing on the State Heritage Register, in an Interim Heritage Order, in a heritage management document or written advice prepared by a suitably qualified and experienced heritage professional.
e. Subdivision must not subdivide the curtilage or site of the building other than for car spaces in an existing area identified for carparking.
f. Subdivision must not involve alterations to the external appearance of the building other than that permitted by other exemptions under the Heritage Act 1977.

Guidance

Subdivision and NSW State Heritage Register Items

13. Temporary events and structures

This exemption is for temporary events and/or the erection of a temporary structure(s) for less than 90 consecutive calendar days.

Examples include:

mobile food and beverage outlets and vehicles
marquees, tents or gazebos
portaloos
shipping containers
performance stages and staging equipment
temporary event activities.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The construction or installation of a temporary structure or structures (including mobile outlets and vehicles).
b. Temporary event activities.

Relevant standards

c. The specified activities must be carried out in accordance with the general conditions.
d. The specified activities must not involve alteration to damage to, or the removal of, significant fabric (including penetrations).
e. Any excavation must comply with the relevant standards for Activity 9: Excavation.
f. The specified activities may be internal or external to items or buildings.
g. The specified activities must not be located (other than temporary structures for the purposes of carrying out conservation work, for example scaffolding) where it could:

i. adversely impact the significance of the item including landscape values
ii. obstruct significant views to and from the item or
iii. reduce the ability to appreciate or interpret the item.

h. Existing levels of public access to the item must be maintained and not restricted.
i. The activity must not be carried out for more than 90 consecutive calendar days (inclusive of set-up, pack-down and removal).
j. No further temporary structures may be erected or events undertaken again on the site, under this exemption within a period of 28 calendar days.

14. Vegetation, invasive species management and bush regeneration

This exemption is for vegetation and landscape maintenance-based tasks.

Examples of typical activities include:

weeding
mowing and pruning
planting including seasonal rotation of species
mulching
monitoring, control and removal of pest plants and animals.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Management of invasive plants and animal species including:

i. control and removal of invasive plant species including watering, mowing, manual clearing of paths and drains, top-dressing and fertilizing
ii. installation of monitoring devices relevant to test for pest plant and animal activity
iii. all activities in internal/interior spaces associated with pest control (such as white ants/termites) including replacement of affected timber.

b. Chemical spraying and baiting chemical spraying accordance with the Pesticides Act 1999.
c. New planting of species sympathetic to the item.
d. Pruning to control size, improve shape, condition, flowering or fruiting.
e. Removal of non-significant diseased, dying, dead and/or dangerous vegetation.
f. Tree surgery.
g. Bush regeneration activities including:

i. temporary silt fencing
ii. planting of native species that are part of the ecological community that currently exists (or previously existed) at the site
iii. rubbish removal.

Relevant standards

h. The specified activities must be carried out in accordance with the general conditions.
i. The specified activities must not involve alternation to, damage to or removal of significant fabric or significant vegetation, except in accordance with Activity 3.
j. Stumps and tree boles should be left in place in areas that may contain relics, ruins and/or Aboriginal objects.
k. Pruning of significant vegetation must not exceed 30% of the tree canopy within a period of two years.
l. Tree surgery may only be performed by a qualified arborist, horticulturist or tree surgeon and must be necessary for the health of those plants.
m. Selective herbicide should be used when poisoning weeds. Herbicide should be applied using:

i. spot application around significant elements of the heritage item (for example, ornamental or symbolic plants, remnant native vegetation, structures, exposed relics and moveable items) to avoid adverse impacts to these
ii. spraying in non-significant areas of the heritage item.

15. Burial sites and cemeteries

This exemption is for burial sites, cemeteries and their elements including headstones, footstones, burial markers or monuments, grave kerbing, grave railings, grave furniture, enclosures and plantings.

Examples of typical activities include:

excavation of a new grave
interment of ashes
erection of a monument or grave marker
maintenance of graves.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Creation of a new grave or interment of ashes or continued use of existing family vaults.
b. Erection of monuments or grave markers (excluding above-ground chambers, columbaria or vaults).
c. Traditional maintenance activities/works in accordance with standard exemptions for maintenance, repairs and cleaning including:

i. re-blacking, re-leading or re-gilding of existing inscriptions; or
ii. re-application of traditional coatings such as limewash where these were previously applied.

d. Addition of memorial inscriptions or attachment of memorial plaques to existing monuments or grave furniture (includes grave markers, grave kerbing or grave surrounds).
e. Excavation or disturbance of land for carrying out conservation or repair of monuments or grave markers.

Relevant standards

f. The specified activities must be carried out in accordance with the general conditions.
g. Existing significant fabric must not be disturbed or removed as part of creation of a new grave or interment or use of existing family vault.
h. New monuments or grave markers must be in keeping with and not conflict with the existing character of the item, including materials, size, colour and form; however, new monuments and grave markers should be distinguishable on close inspection from the existing monuments and markers.
i. Additional inscriptions or plaques must be in keeping with the existing size, materials, form, colour and lettering of the original monument.
j. Additional inscriptions or plaques must not overshadow or obscure the original monument.
k. Relettering of existing inscriptions must:

i. be carried out to maintain appearance and legibility.
ii. be carried out using traditional methods and materials which are the same as the existing lettering on the monument or grave marker
iii. not involve re-cutting of existing inscriptions.

l. Conservation, repair or relettering of monuments or grave markers must be directed, supervised and carried out by a suitably qualified and experienced heritage professional.
m. There must be no disturbance to human remains, relics in the form of grave goods, associated landscape features or Aboriginal objects.

16. Signage

This exemption is for installation of certain types of temporary signage and signage for safety, assisting navigation of heritage items and interpretation of their significance.

Examples of typical activities include:

erecting a temporary real estate sign
placing a temporary sign in the window of a business
temporary signage to provide information about safety and/or hazards
replacing deteriorated or tired interpretation signage
installing new waymarking signs.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The installation of temporary signage located behind or on the glass surface of a commercial tenancy window.
b. The installation of temporary real estate signage notifying of an auction, sale or letting.
c. Removal, repairs or replacement of modern non-significant signage.
d. The installation of new signage for the sole purpose of providing information to assist in the interpretation of the item’s heritage significance or to navigate the item.
e. The installation of new temporary signage for the sole purpose of providing information about safety or hazards.
f. The relocation of signage.

Relevant standards

g. The specified activities must be carried out in accordance with the general conditions.
h. The specified activities must not affix to, obscure or involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
i. Signage must not be internally illuminated or flashing.
j. Temporary commercial tenancy window signs must be removed within 60 calendar days of erection and temporary real estate signs must be removed within 14 calendar days after the auction, sale or letting.
k. Signage must not conceal or involve the removal of or damage to significant pre-existing signs.
l. Replacement signage must not exceed the size of the original sign area and must be in the same location.
m. Installation of new signage must:

i. not be in the form of a mural or artwork
ii. be able to be later removed without causing damage to the significant fabric
iii. not be of a cantilever structure, or over 2 square metres in size
iv. not be commercial in any way unless in the form of a freestanding flag or banner associated with a building used for a purpose which requires such promotion, for example a theatre, gallery or museum.

n. Any excavation must comply with the relevant standards for Activity 9: Excavation.

17. Filming

The exemption allows for the use of an item as a set or backdrop for filming.

Examples of typical activities include:

protection of significant fabric using bumpers or gaskets during filming of a television or online commercial, show or movie
temporary movement of non-significant elements of the item within the item
setup of moveable tripods and lighting without penetrations into significant fabric.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The use of an item as a set or backdrop for filming in a manner that may result in the temporary movement and/or alteration of an item.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified use of the item as a set or backdrop for filming is permitted for up to 90 calendar days in a calendar year.
d. The specified activities must be temporary and reversible. Elements must be able to be later removed without damage to the significant fabric of the item.
e. No painting or special effects are to be physically applied to significant fabric.
f. Significant fabric must be protected from damage by using bumpers, gaskets and/or matting.
g. The specified activity must not involve penetrations to, alteration to, damage to, or the removal of, significant fabric other than temporary clamping or bracing.
h. The item must not be moved except as permitted by Activity 18: Temporary Relocation of Moveable Objects.

18. Temporary relocation of moveable objects

This exemption is for temporary relocation of moveable objects (see glossary of terms).

Examples of typical activities include relocation of a/an:

archive during cleaning of the archive’s storage facility
object to a conservator’s premises for the purpose of approved conservation works or repairs exempt from approval under another exemption
collection from storage to a display or vice versa
railway rolling stock for a demonstration or field day.

Permanent relocation of a moveable heritage item requires approval under section 60 of the Heritage Act 1977.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The temporary relocation of moveable objects, including contents, fixtures and objects.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The item must be identified as a moveable object on the State Heritage Register or in an Interim Heritage Order.
d. Relocation of moveable objects must only be for the purpose of ensuring security, maintenance or preservation, conservation or exhibition.
e. Moveable objects must be returned to their location within 180 calendar days of their relocation (inclusive of packing, moving and transit time).
f. Maintenance, preservation or conservation activities/ works are not permitted under this exemption. These activities may be covered under other exemptions or may require approval.
g. Moveable objects must be safely stored and adequately protected from damage during any temporary relocation.
h. An inventory (including photos) and information about the moveable objects and their permanent location must be retained with the moveable objects in their temporary space.

19. Compliance with minimum standards and orders

This exemption is for activities required to meet the minimum standards of maintenance and repair or as part of an order issued for a heritage item.

The Minimum Standards of Maintenance and Repair are contained in Part 3 of the Heritage Regulation 2012. They apply to all items listed on the State Heritage Register (State Heritage Register) or subject to an Interim Heritage Order. Owners of State Heritage Register and Interim Heritage Order are required to ensure their heritage item meets the minimum standards of maintenance and repair.

Orders may be issued to remedy an action or failure to maintain and repair.

Examples of typical activities relate to:

weather protection
fire prevention and protection
security and
essential maintenance and repair to prevent serious or irreparable damage.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Specified actions required for the purposes of compliance with minimum standards set out in:

i. Part 3 of the Heritage Regulation 2012
ii. an Order under section 120 of the Heritage Act 1977, or
iii. an Order under Schedule 5 Part 1 or Part 2 of the Environmental Planning and Assessment Act 1979 which is consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clause 3 (Orders affecting heritage items) of that Act.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. Activities required by an order under the Environmental Planning and Assessment Act 1979 must be consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clause 3 of that Act.

Guidance

Minimum standards of maintenance and repair for heritage items

20. Site safety and security

This exemption is for the temporary or emergency securing of a heritage item for the safety of users or the public. It does not allow for the permanent installation or upgrading of site or building safety and/or security measures.

This exemption may be used where there has been unexpected damage caused by an unexpected event, rather than safety risks that arise from ongoing neglect of maintenance.

Examples of typical activities include:

erection of temporary security fencing around a sink hole to prevent access
placement of a temporary security camera to monitor a vulnerable heritage item
activities to prevent elements of an item that have fallen from causing an accident
installation of suitable material to halt erosion to an archaeological site cause by extreme weather.

Any stabilisation activities under this exemption must be done with minimal intervention to significant fabric.

Emergency maintenance and repairs (such as required following a storm) may be exempt under other standard exemptions. Activities which may damage significant fabric require approval under section 60 of the Heritage Act 1977.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The erection of temporary security fencing, scaffolding, hoardings or surveillance systems to prevent unauthorised access, or to secure public safety.
b. Emergency stabilisation activities (including props or temporary structures) necessary to secure safety where a structure or landscape feature (such as a tree) has been irreparably damaged or destabilised and poses a safety risk to its users or the public.
c. Installing and operating temporary equipment and/or material to prevent water ingress from a weather event.

Relevant standards

d. The specified activities must be carried out in accordance with the general conditions.
e. The specified activities must not involve alteration to, damage to, or the removal of, significant fabric other than the reuse of existing fixing points.
f. Any temporary security fencing, scaffolding, hoardings or surveillance systems must not be erected for more than 180 calendar days (inclusive of setup and pack down).
g. No further temporary fencing, scaffolding, hoardings or surveillance may be erected again on the site, under this exemption within a period of 365 calendar days.
h. The specified activities must not permanently change or alter the structure such as the configuration of the floor space, or any architectural or landscape features.
i. Any new penetrations must be:

i. limited in number
ii. made through non-significant fabric or mortar joints only.

j. The specified activities must not result in an increase in the floor space of any building or structure.
k. Installation and operation of any temporary equipment or material specified in c) of the specified activities, must be to minimise damage to significant fabric.

21. Emergency situations and lifesaving

This exemption is for activities required immediately in an emergency.

Emergencies may be natural or man-made. They are serious, unexpected and often dangerous situations requiring immediate action. The nature of the emergency will vary the type of risk to life, the environment and nature of on-site damage to a heritage item/place.

Incidents likely to cause serious damage and require actions necessary to save or protect life could include:

an uncontrolled escape, spillage or leakage,
an uncontrolled implosion, explosion or fire,
exposed live electrical parts,
collision or fall of something,
collapse or partial collapse of a structure or plant (for example, a crane or shoring supporting an excavation).

This exemption permits people on site and emergency personnel to do what is necessary to save or protect human life and/or secure the safety of a ship, the environment or a heritage item endangered by an incident such as those listed above.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Any activities that would be in contravention of subsection 57(1) of the Heritage Act 1977 that is solely for the purpose of:

i. saving or protecting human life under imminent threat in an emergency.
ii. securing the safety of a ship endangered by stress of weather or navigational hazards.
iii. securing the safety of an item endangered by stress of weather or weather-related hazard
iv. dealing with an emergency involving serious threat to the environment.
v. preventing imminent serious damage to property or any heritage item in an emergency (such as extreme weather, wind, bushfire and/or flood).

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified activities must be immediately necessary for the identified purposes.
d. The specified activities were reasonable and justifiable in the circumstances.
e. The specified activities were proportionate to the damage the item has suffered and to the risk of further damage. The effects of the activities/ works must be adequately mitigated or remedied.

22. Additional or temporary change of use

This exemption allows for minor changes of use that will not affect the item’s heritage significance.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. An additional or temporary use, or change of use, of land on which an item is situated or of a building or work.

Relevant standards

b. The specified activity must be carried out in accordance with the general conditions.
c. The specified activity must not involve the carrying out of activities other than that permitted by other exemptions under these exemptions or the Heritage Act 1977.
d. The specified activity must not involve the cessation of the primary use for which the item was erected, a later significant use, or the loss of significant associations with the item by current users.
e. The specified activity must not involve a temporary use for more than 90 consecutive calendar days (inclusive of set-up, pack-down and removal).

23. Energy saving and sustainable technologies

This exemption is for the installation of energy saving and sustainable technologies such as insulation, draught proofing, small-scale solar energy systems, battery systems, small wind turbine systems (see glossary of terms).

It does not apply to:

State Heritage Register items that have outstanding universal value (cultural and/or natural heritage) and are listed on the UNESCO World Heritage List
State Heritage Register items that are listed on the National Heritage List or Commonwealth Heritage List
fixings that impact slate or timber shingled roofs.

When proponents are undertaking this activity, they should consider the guidance in the Solar panels practice note and the Sustainable heritage buildings guide available on the Heritage NSW website.

Any activities under this exemption must be done with minimal intervention to significant fabric.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Installation of energy saving and sustainable technologies such as insulation, draught proofing, small-scale solar energy systems, battery systems, small wind turbine systems except for:

i. State Heritage Register items that have outstanding universal value (cultural and/or natural heritage) and are listed on the UNESCO World Heritage List
ii. State Heritage Register items that are listed on the National Heritage List or Commonwealth Heritage List
iii. fixings that impact slate or timber shingled roofs.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified activities must be carried out in accordance with advice from a qualified and experienced heritage professional.
d. For ground-mounted solar energy systems, the total area occupied by the system (together with any other ground-mounted solar energy systems on the lot concerned) must not exceed 150m².
e. The specified activities must not involve the removal of significant fabric but may involve new penetrations, fixings and/or fastenings.
f. Any new penetrations, fixings and/or fastenings must:

i. be limited in number
ii. use existing penetrations and/or mortar joints where possible
iii. not damage surrounding significant fabric.

g. The specified activities must not limit access to significant fabric for future maintenance.
h. Any new elements must:

i. minimise impact to significant fabric
ii. not exacerbate the decay of significant fabric
iii. avoid impact to surrounding significant fabric
iv. not be attached to primary/street facing façade(s), including corner sites and front-facing hipped roofs.
v. avoid impact to roof elements such as chimneys, ventilators and parapets
vi. have minimal visual impact
vii. be grouped with existing services and conduits where possible.

i. Any new elements must be able to be later removed without damage to surrounding significant fabric of the item.

Guidance

24. Accessibility measures

This exemption is for activities that make heritage buildings more accessible.

Examples of typical activities include the installation of:

access ramps
lifts
hand rails.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Installation of access measures in accordance with the Disability Discrimination Act 1992 (Cth), Disability (Access to Premises – Buildings) Standards 2010 (Cth) and National Construction Code including:

i. access ramps
ii. upgrades to existing non-Significant bathroom fit outs and layouts with accessible facilities
iii. lifts.

Relevant standards

b. The specified activities must be carried out in accordance with the general conditions.
c. The specified activities must be carried out in accordance with advice from a qualified and experienced heritage professional.
d. The specified activities must not involve the removal of significant fabric but may involve new penetrations, fixings and/or fastenings.
e. Any new penetrations, fixings and/or fastenings must:

i. be limited in number
ii. use existing penetrations and/or mortar joints where possible
iii. not damage surrounding significant fabric.

f. The specified activity must not limit access to significant fabric for future maintenance.
g. The specified activity must:

h. Any new elements must be able to be later removed without damage to surrounding significant fabric of the item.

25. Aboriginal cultural practices

This exemption is for activities that relate to Aboriginal cultural practices.
Examples of typical activities include:

caring for and connecting to Country and heritage places
ceremonies
sharing of knowledge and stories.

This exemption does not apply to commercial activities.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Aboriginal cultural practices by Aboriginal people and the sharing of these practices with others including:

i. Aboriginal people (including any dependants, whether Aboriginal or not) carrying out cultural activities (except commercial activities)
ii. Activities carried out in accordance with the National Parks and Wildlife Act 1974.

Relevant standards

26. Agricultural operations

This exemption is for the day-to-day activities required to manage agricultural property, such as fencing.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. The installation, repair, renewal, replacement or removal of minor non-Significant agricultural infrastructure including:

i. fencing
ii. gates
iii. stock yards
iv. stock grids.

Relevant standards

27. Bushfire management

This exemption is for activities related to bushfire risk management.

Examples of typical activities include:

controlled burning
removal of vegetation
other hazard reduction activities.

General conditions apply to the use of all standard exemptions and must be complied with.

Description of activity

a. Bushfire hazard reduction activities to reduce bushfire vulnerability, maintain defendable space and protect existing components of the item including:

i. controlled burning
ii. removal of vegetation in accordance with the Rural Fires Act 1997 (NSW) and Rural Boundary Clearing Code 2021
iii. other activities relating to hazard reduction.

Relevant standards

Glossary of terms

Term	Definition
Aboriginal object	means an Aboriginal object as defined by section 5 of the National Parks and Wildlife Act 1974.
Adverse impact	means a negative impact to an item’s State heritage significance.
Battery system	means a battery system designed only for the purposes of the storage of photovoltaic solar energy generated from a solar energy system. Includes systems up to 20kWh.
Commercial activities	means any business or professional activity conducted with the aim of generating profit, including the sale of goods or services.
Elements	means parts or characteristics of a heritage item that contribute to the significance of the heritage item/place, including (but not limited to) architectural features, outbuildings, gardens, plantings, fencing, drives, landscaping and natural features.
General conditions	means the conditions listed under clause 3 of Schedule A of the standard exemptions.
Heritage management document	means any conservation management plan, conservation management strategy, heritage collections plan, Aboriginal place management plan, heritage asset action plan, heritage assessment, archaeological management plan, archaeological zoning plan, archaeological assessment or historic landscape management plan prepared for State Heritage Register items.
Interim Heritage Order	means an ‘interim heritage order’ as defined under section 4 of the Heritage Act 1977.
National Construction Code	means the primary set of technical design and construction provisions for buildings produced and maintained by the Australian Building Codes Board, on behalf of the Australian Government and each state and territory government.
Minor repairs	means small, non-structural repairs, maintenance of existing works, buildings or structures that don't require a trade contractor licence.
Moveable object	means a moveable object identified on the State Heritage Register or gazetted in an Interim Heritage Order that is not a relic.
Proponent	means the person or organisation who proposes building or development activities at a site or to a heritage item. The proponent is usually the landholder/owner or manager of the site or item.
Relic	means any deposit, artefact, object or material evidence that: a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and b) is of State or local heritage significance.
Ruin	means a building or work that is listed, and identified as a ruin, on the State Heritage Register.
Signage	means permanent and temporary internal and external signs that provide operational, wayfinding, site interpretation, instructions, directions, safety, hazard and/or or any other information.
Significant	means an item or parts of an item graded as having exceptional, high, moderate or little significance, according to the Assessing Heritage Significance Guideline 2025.
Significant fabric	means all the physical material of the item including elements, components, fabric, fixtures, landscape features, contents, archaeology, relics and objects which contribute to the item’s heritage significance as identified in the listing on the State Heritage Register or the Interim Heritage Order, or a heritage management document or written advice prepared by a suitably qualified and experienced heritage professional.
Small wind turbine system	means a system comprising one or more small wind turbines each of which feed into the same grid or battery bank. Includes systems up to 10kWh.
Small-scale solar energy system	means any of the following systems: a) a photovoltaic electricity generating system up to 10kW used for the primary purpose of generating electricity for a land use carried out on the land on which the system is located, or carried out by the owner of the system on adjoining land b) a solar hot water system c) a solar air heating system.
Standard exemptions	means the order for standard exemptions from approval made under section 57(2) of the Heritage Act 1977 and published in the NSW Government Gazette.
State Heritage Register	means the State Heritage Register as defined in section 4 of the Heritage Act 1977.
Sympathetic	means activities/new fabric that is compatible with the setting, character and context of a heritage item.
Telecommunications facility	means any part of the infrastructure of a telecommunications network including: a) any line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole, or other structure in connection with a telecommunications network b) any other thing used in or in connection with a telecommunications network.
Temporary structure	means any structure not intended for long-term use and installed for a limited time to serve a specific purpose. These structures can include tents, marquees, stages, stalls, hoardings, and scaffolding.
Utility and services infrastructure	means infrastructure associated with essential utilities and services including fuel pipelines, water, electricity, gas, sewerage and communication.
Vegetation	means all native and non-native trees, shrubs, scrub, understorey plants, groundcover and plants. In some circumstances the definition of vegetation extends to dead plants.

More information

Heritage NSW

Phone: 02 9873 8500

Email: [email protected]

Updated 07 November 2025