Heritage Act 1977 (NSW)

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An Act to conserve the environmental heritage of the State.

Part 1Preliminary1Name of Act

This Act may be cited as the Heritage Act 1977.

2Commencement(1)

Section 1 and this section shall commence on the date of assent to this Act.

(2)

Except as provided in subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3Objects

The objects of this Act are as follows—

  • (a)

    to promote an understanding of the State’s heritage,

  • (b)

    to encourage the conservation of the State’s heritage,

  • (c)

    to provide for the identification and registration of items of State heritage significance,

  • (d)

    to provide for the interim protection of items of State heritage significance,

  • (e)

    to encourage the adaptive reuse of items of State heritage significance,

  • (f)

    to constitute the Heritage Council of New South Wales and confer on it functions relating to the State’s heritage,

  • (g)

    to assist owners with the conservation of items of State heritage significance.

s 3: Am 1979 No 206, Schs 1 (1), 2 (1); 1981 No 83, Sch 1. Rep 1984 No 153, Sch 16. Ins 2009 No 34, Sch 1 [1].

4Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

affected owner or occupier, in relation to an interim heritage order or to listing on the State Heritage Register, means—

  • (a)

    in the case of an order or listing applicable to a place—the owner or any occupier of land that comprises the place, or

  • (b)

    in the case of an order or listing applicable to a building, work or relic (being a relic that is attached to or forms part of land)—the owner or any occupier of land on which the building, work or relic is situated, or

  • (c)

    in the case of an order or listing applicable to a relic that is not attached to or does not form part of land or is applicable to a moveable object—the owner of the relic or moveable object, or

  • (d)

    in the case of an order or listing applicable to a precinct—the owners or occupiers of land in the precinct.

approval includes an authority or a consent or permission.

approved form means a form approved by the Heritage Council.

area has the same meaning as it has in the Local Government Act 1993.

building includes a part of a building, a structure or a part of a structure.

Chairperson means the Chairperson of the Heritage Council, appointed as referred to in section 8 (5).

consent authority, in relation to any act, matter or thing specified in or of a kind specified in the Local Government Act 1993, any instruments made under that Act, the Environmental Planning and Assessment Act 1979 or an environmental planning instrument in force thereunder, or the Strata Schemes…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.