Heritage Act 1977 (NSW)
An Act to conserve the environmental heritage of the State.
This Act may be cited as the Heritage Act 1977.
Section 1 and this section shall commence on the date of assent to this Act.
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.
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.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(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.
(a) the person or body with whose approval that act, matter or thing may be done or without whose approval that act, matter or thing may not be done.
(b) (Repealed)
(a) the erection of a building on that land,
(b) the carrying out of a work in, on, over or under that land,
(c) the use of that land or of a building or work on that land, and
(d) the subdivision of that land,
but does not include any development of a class or description prescribed by the regulations for the purposes of this definition.
(a) a government agency that must give details of land to Property and Development NSW under the Property and Development NSW Act 2006, section 21A, and
(b) a State owned corporation.
(a) in relation to a building or work—demolish, or
(b) in relation to a relic or moveable object—damage, despoil, move or alter, or
(c) in relation to a place or precinct—damage, despoil or develop the land that comprises the place or is within the precinct or damage or destroy any tree or other vegetation on, or remove any tree or other vegetation from, the place or precinct.
(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.
A reference in this Act to an item of the environmental heritage is a reference to an item that comprises part of the environmental heritage.
A reference in this Act to the excavation of land extends to the excavation of any land beneath State waters within the meaning of Part 3C, and includes a reference to the dredging of a body of water or watercourse.
A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.
Where functions are conferred or imposed by or under this Act on a council, those functions may be exercised in respect of an area by the council of that area.
A reference in this Act to—
(a) the erection of a building includes a reference to the rebuilding, enlargement or extension of a building or the placing or relocating of a building on land,
(b) the alteration of a building or work is a reference to the making of changes to the internal or external fabric or appearance of that building or work whether or not involving—
(i) the carrying out of structural work, or
(ii) the repair or renovation, or the painting, plastering or other decoration, of that building or work,
(c) the carrying out of a work includes a reference to the rebuilding, enlargement or extension of a work,
(c1) a work includes a reference to any physical activity in relation to land that is specified by a regulation to be a work for the purposes of this Act but does not include a reference to any activity that is specified by a regulation not to be a work for the purposes of this Act,
(d) the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979,
(e) the demolition of a building or work is a reference to the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part, and
(f) the carrying out of development includes a reference to the erection of a building, the carrying out of a work, the use of land or of a building or work, or the subdivision of land, as the case may require.
A reference in this Act to a prescribed form includes a reference to a form that is to the effect of that prescribed form.
In this Act—
An item can be both of State heritage significance and local heritage significance. An item that is of local heritage significance may or may not be of State heritage significance.
The Heritage Council must notify the Minister of the proposed criteria for the making of decisions as to whether or not an item is of State heritage significance and of any proposed change to the criteria. If the Minister approves the criteria or any proposed change, the Minister is to cause notice of the criteria or any change to be published in the Gazette.
The Heritage Council must use only criteria published in the Gazette under this section for the making of decisions as to whether or not an item is of State heritage significance.
This Act binds the Crown not only in right of New South Wales but also, as far as the legislative power of Parliament permits, the Crown in all its other capacities.
(Repealed)
There is hereby constituted a Heritage Council of New South Wales.
The Heritage Council is a NSW Government agency.
The Heritage Council is to consist of 9 members. Of the members, 8 are to be appointed by the Minister (the
The other member is to be the Secretary of the Department of Planning, Industry and Environment.
Five of the appointed members are to be persons who, in the opinion of the Minister, possess qualifications, knowledge and skills relating to any of the following areas—
(a) (Repealed)
(b) archaeology,
(c) architecture,
(d) the building, development and property industries,
(e) conservation of the environmental heritage,
(f) engineering,
(g) New South Wales or Australian history,
(h) local government,
(i) moveable heritage,
(j) natural heritage,
(k) planning,
(l) property, planning or environmental law,
(m) property economics,
(n) rural interests,
(o) cultural landscapes.
One of the other appointed members is to be a person who, in the opinion of the Minister, possesses qualifications, knowledge and skills relating to Aboriginal heritage.
One of the other appointed members is to be a person appointed from a panel of 3 persons nominated by the National Trust of Australia (New South Wales).
The other appointed member is to be appointed as Chairperson by the member’s instrument of appointment or a subsequent instrument executed by the Minister.
One member appointed under subsection (3), (3A) or (4) is to be appointed as Deputy Chairperson by the member’s instrument of appointment or a subsequent instrument executed by the Minister.
Schedule 2 contains provisions relating to the members and procedure of the Heritage Council.
(Repealed)
The functions of the Heritage Council are—
(a) to make recommendations to the Minister for or with respect to the exercise by the Minister of any functions conferred or imposed on the Minister by or under this Act or the regulations,
(b) to make recommendations to the Minister relating to the taking of measures for or with respect to—
(i) the conservation of,
(ii) the exhibition or display of,
(iii) the provision of access to, and
(iv) the publication of information concerning,
items of the environmental heritage,
(c) to carry out investigations, research and inquiries relating to the matters referred to in paragraph (b),
(d) to arrange and co-ordinate consultations, discussions, seminars and conferences relating to the matters referred to in paragraph (b), and
(e) to maintain a database (to be called the State Heritage Inventory) listing items of State and local heritage significance, and
(f) to conduct community education concerning the State’s environmental heritage, and
(g) to exercise such other functions as are conferred or imposed on it by or under this or any other Act or the regulations.
Without limiting subsection (1), the Heritage Council may—
(a) make submissions to persons or bodies in respect of—
(i) environmental studies,
(ii) proposed environmental planning instruments, and
(iii) environmental impact statements,
prepared under the Environmental Planning and Assessment Act 1979 in so far as they relate to the environmental heritage, and
(b) provide opinions, statements or other information relating to the environmental heritage to persons or bodies if the Heritage Council considers it appropriate to do so.
The Heritage Council may establish committees to assist it in connection with the exercise of any of its functions.
It does not matter that any or all of the members of a committee are not members of the Heritage Council.
The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Heritage Council or (subject to any determination of the Heritage Council) by the committee.
Any written submission in relation to State significant development that is made by the Heritage Council to a consent authority, or to any other person or body having functions under the Environmental Planning and Assessment Act 1979 with respect to the approval of that development, is to be made publicly available on the internet by the Heritage Council within 14 days after the submission is made.
In this section,
(a) development that, were it not State significant development, State significant infrastructure or a transitional Part 3A project under the Environmental Planning and Assessment Act 1979, would require approval under Part 4 of this Act or an excavation permit under section 139 of this Act, or
(b) development that is State significant development, State significant infrastructure or a transitional Part 3A project under the Environmental Planning and Assessment Act 1979 and that impacts on an item of State heritage significance that is not on the State Heritage Register or the subject of an interim heritage order.
The Heritage Council is to keep a register of the following—
(a) items and land that are the subject of interim heritage orders,
(b) orders made under this Act,
(c) notices served under this Act,
(d) heritage agreements entered into under this Act.
The Heritage Council is also to keep the State Heritage Register under Part 3A.
The register kept under this section and the State Heritage Register are each to be available for public inspection without charge at the office of the Heritage Council during ordinary office hours.
As soon as practicable after 30 June in each year, the Heritage Council shall prepare and present to the Minister a report on its operations and activities during the year ending on that day.
The report shall, in respect of the year for which it is prepared, include—
(a) a summary of the recommendations, advice and opinions made and given by the Heritage Council to the Minister during the year under the following provisions—
(i) section 24 (Minister can make interim heritage orders for items of State or local heritage significance)
(ii) section 32 (Minister can direct listing on State Heritage Register)
(iii) section 38 (Removal of items from State Heritage Register)
(iv) section 39 (Minister can enter into heritage agreements)
(iva) section 50 (Heritage Council advice on historic shipwrecks protection orders)
(v) section 83 (Heritage Council to be consulted in preparation of certain environmental planning instruments)
(vi) section 136 (Order restricting harm to buildings etc), and
(a1) particulars of stop work orders made under section 79C, and
(b) particulars of all additions to, deletions from and other amendments to the register kept under this section and the State Heritage Register during that year, and
(c) particulars of such financial assistance as is provided under Division 2 of Part 6 during that year.
The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after its receipt by the Minister.
The report of the Heritage Council under this section may be included in the annual report of the Department.
The Minister may make an interim heritage order for a place, building, work, relic, moveable object or precinct that the Minister considers may, on further inquiry or investigation, be found to be of State or local heritage significance.
The Heritage Council is to provide advice to the Minister on the making of interim heritage orders, either at the request of the Minister or on its own initiative.
The Minister may, by order published in the Gazette, authorise a council to make interim heritage orders for items in the council’s area.
A council authorised under this section may make an interim heritage order for a place, building, work, relic, moveable object or precinct in the council’s area that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and that the council considers is being or is likely to be harmed.
An interim heritage order made by a council is of no effect in so far as it applies to any of the following items—
(a) an item to which an interim heritage order made by the Minister applies,
(b) an item listed on the State Heritage Register.
An authorisation under this section can be given subject to conditions and a council cannot act in contravention of the conditions of its authorisation.
The Minister may at any time by notice published in the Gazette withdraw a council’s authorisation or change the conditions of its authorisation. The withdrawal of a council’s authorisation does not of itself affect any interim heritage order made before the authorisation was withdrawn.
The Minister or a council is not required, before making an interim heritage order, to notify any person who will be affected by the order of the intention to make the order.
An interim heritage order made in respect of an item may be expressed to apply (and if so expressed does apply) to—
(a) if the item is a building—the curtilage of that building or the site of that building, being the curtilage or site specified or described in the order, or
(b) if the item is a work or a relic that is attached to or forms part of land—the site specified or described in the order for that work or relic.
When an interim heritage order is made, the Minister (in the case of an order made by the Minister) or the council that made the order (in the case of an order made by a council) is to do or cause the following to be done—
(a) the order is to be published in the Gazette,
(b) as soon as possible after the order is published in the Gazette, notice of the making of the order is to be given to the Chairperson and to each person who appears to the Minister or the council to be an affected owner or occupier,
(c) the notice to an affected owner or occupier is to include a statement as to the effect of the order and a statement of the reasons for the making of the order,
(d) within 7 days after the order is published in the Gazette, notice of the making of the order is to be published in a manner that the Minister or the council is satisfied is likely to bring the notice to the attention of members of the public in the area in which the item is situated.
An interim heritage order is taken to have been published in the Gazette even if any map or plan referred to in the order is not published with it.
An interim heritage order is not invalid merely because of—
(a) any failure to give notice of that order as required by this section, or
(b) any failure to include in that notice a statement required by this section to be included in it, or
(c) any error in or omission from such a statement included in the notice.
An interim heritage order takes effect on the date of publication of the order in the Gazette.
An interim heritage order remains in force for 12 months or such shorter period as may be specified in the order, unless it is revoked sooner.
The Minister may revoke an interim heritage order made by the Minister or by a council.
A council may revoke an interim heritage order that the council has made (but cannot revoke one made by the Minister or by another council).
When an interim heritage order is revoked, the Minister (in the case of an order revoked by the Minister) or the council that revoked the order (in the case of an order revoked by a council) is to do or cause the following to be done—
(a) notice of the revocation of the order is to be published in the Gazette,
(b) as soon as possible after the notice of revocation is published in the Gazette, notice of the revocation of the order is to be given to the Chairperson and to each person who appears to the Minister or the council to be an affected owner or occupier,
(c) within 7 days after notice of the revocation of the order is published in the Gazette, notice of the revocation of the order is to be published in a manner that the Minister or the council is satisfied is likely to bring the notice to the attention of members of the public in the area in which the item is situated.
The listing of an item on the State Heritage Register revokes any interim heritage order in respect of that item.
An affected owner or occupier may appeal to the Court against the making of an interim heritage order by a council.
The appeal must be made within 28 days after the interim heritage order takes effect.
The appeal does not stay an interim heritage order except to the extent that the Court may otherwise order.
There is to be a register called the State Heritage Register kept by the Heritage Council. The Register is to be kept in such form and manner as the Heritage Council determines.
Items can only be listed on or removed from the State Heritage Register at the direction of the Minister, as provided by this Part.
Schedule 1 (Savings and transitional provisions) provides for the automatic listing of items that were formerly the subject of permanent conservation orders, or that are owned by government instrumentalities and identified as being of State heritage significance.
The Minister may direct the listing on the State Heritage Register of a place, building, work, relic, moveable object or precinct that the Minister considers is of State heritage significance, but only if the Heritage Council has recommended that the item be listed and the Minister has considered the following—
(a) the recommendation of the Heritage Council that the item should be listed,
(b) whether the long-term conservation of the item is necessary,
(c) whether the listing would render the item incapable of reasonable or economic use,
(d) whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.
The Heritage Council may make a recommendation to the Minister that an item be listed on the State Heritage Register at the request of the Minister, on the Heritage Council’s own initiative or at the request of the owner of the item concerned or the council of the area in which the item is situated.
A listing in respect of an item can be expressed to apply (and if so expressed does apply) to—
(a) if the item is a building—the curtilage of that building or the site of that building, being the curtilage or site specified or described in the listing, or
(b) if the item is a work or a relic that is attached to or forms part of land—the site specified or described in the listing of that work or relic.
Before making a recommendation for the listing of an item on the State Heritage Register, the Heritage Council must follow this procedure—
(a) the Heritage Council is to give notice that it is going to consider whether or not to recommend the listing of the item concerned (a
notice of intention to consider listing )—(i) by written notice given to each person that it considers to be an affected owner or occupier (except in the case of the listing of a precinct), or
(ii) in the case of the listing of a precinct, by notice published in a manner that the Heritage Council is satisfied is likely to bring the notice to the attention of affected owners or occupiers and of members of the public, and
(b) within 14 days after notice of intention to consider listing is given under paragraph (a) (i), the Heritage Council is to cause a notice of intention to consider listing to be published in a manner that the Heritage Council is satisfied is likely to bring the notice to the attention of members of the public in the area in which the item is situated, and
(c) a notice of intention to consider listing is to invite submissions on the listing and is to specify a date as the closing date for the receipt of submissions (being a date that is at least 14 days after notice under paragraph (a) (ii) or (b) was first published) and the manner in which submissions may be made, and
(d) the Heritage Council is to consider the submissions that are received before the closing date for receipt of submissions and is to decide within 30 days after that closing date whether or not to recommend the listing, and
(e) the Heritage Council is to give notice of its decision in the same manner as it is required to give notice of its intention to consider listing under paragraph (a) and is also to give notice to the council of the area in which the item is situated and to each of the persons who made submissions that were considered, and
(f) if the decision of the Heritage Council is to recommend the listing, the Heritage Council is to make that recommendation to the Minister within 14 days after notice is given of the decision under paragraph (e).
Without limiting the submissions that can be made for the purposes of this section, any of the following submissions can be made—
(a) a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that it is not of State heritage significance,
(b) a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that its long-term conservation is not necessary,
(c) a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that listing would render the item incapable of reasonable or economic use,
(d) a submission that conservation of the item the subject of the proposed recommendation could not be achieved without causing undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.
The Heritage Council must not make a decision to recommend the listing of an item on the State Heritage Register unless it considers that—
(a) the item satisfies more than one of the criteria approved as referred to in section 4A for determining whether an item is of State heritage significance, or
(b) if it satisfies only one of those criteria, the item is of such particular significance that it should be listed.
Without limiting any other matter it may consider in determining whether to make a recommendation, the Heritage Council may consider the following (whether or not any submissions are made under subsection (2))—
(a) whether the long-term conservation of the item is necessary,
(b) whether the listing would render the item incapable of reasonable or economic use,
(c) whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.
Within 14 days after the Heritage Council makes a recommendation for listing to the Minister, the Minister must—
(a) decide whether or not to direct the listing and inform the Heritage Council of that decision, or
(b) request the Independent Planning Commission to review the matter.
On receiving a request to review a matter, the Independent Planning Commission is to conduct its review and provide a report to the Minister within the time period specified in the regulations.
If the Minister requests a review by the Independent Planning Commission, the Minister must, within 14 days after the Commission provides its report—
(a) consider that report, and
(b) decide whether or not to direct the listing, and
(c) inform the Heritage Council of that decision.
The Minister may make a request under this section on the Minister’s own motion or after a request by an affected owner, mortgagee, lessee or occupier.
A decision of the Minister to direct, or not to direct, the listing on the State Heritage Register of an item that the Heritage Council has recommended be listed is to contain the reasons for listing or not listing the item and is to be made publicly available on the internet by the Heritage Council within 7 days after the decision is made.
(Repealed)
At a review conducted by the Independent Planning Commission each of the following is entitled to appear before the Commission either personally or, unless otherwise provided by the regulations, by an Australian legal practitioner or agent—
(a) an owner, mortgagee or lessee of land to which the proposed listing will apply or of land on which is situated the building, work or relic (being a relic that is attached to or forms part of land) that will be subject to the proposed listing,
(b) an owner of a relic (not being a relic that is attached to or forms part of land) or moveable object that will be subject to the proposed listing,
(c) the council of the area in which the item or precinct concerned is situated,
(d) the Heritage Council,
(e) the Secretary of the Department or a nominee of the Secretary,
(f) any other person with the leave of the Commission.
At the conclusion of the review, the Independent Planning Commission is to provide a report in writing to the Minister containing a summary of the submissions made to the review, the findings of the Commission with respect to those submissions and a recommendation as to how those submissions should be dealt with. The Minister is to make copies of the report available to the public after the Minister decides whether or not to direct the listing.
(Repealed)
Within 14 days after being notified of the Minister’s decision on a recommendation for listing on the State Heritage Register, the Heritage Council is to do the following—
(a) give notice of the Minister’s decision in the same manner as it is required under section 33 (1) (a) to give notice of its intention to consider the listing,
(b) if the Minister’s decision is to direct the listing, make the listing in accordance with the Minister’s decision and cause notice of the listing to be published in the Gazette.
A listing takes effect on the date of publication of the notice of listing in the Gazette. That notice need not include any map or plan referred to in the listing.
A listing is not invalid merely because of any failure to give notice of the Minister’s decision as required by this section.
Publication in the Gazette before 24 March 2012 of the Minister’s decision to direct a listing on the State Heritage Register is (for the purposes of this section) deemed to be (and always to have been) publication in the Gazette of notice of the listing.
The Minister may, after considering the recommendation of the Heritage Council on the matter, direct the removal of a listing from the State Heritage Register—
(a) if the Minister is of the opinion that the item is not of State heritage significance, or
(b) if the Minister is of the opinion that the long-term conservation of the item is not necessary and that either or both of the following apply to the item—
(i) the listing renders the item incapable of reasonable or economic use,
(ii) the listing causes undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.
The Heritage Council may make such a recommendation to the Minister either at the request of the Minister, or on the Heritage Council’s own initiative, or at the request of the owner of the item or of the council of the area in which the item is situated.
The procedure for the removal of a listing from the State Heritage Register is the same as the procedure for listing on the State Heritage Register and for that purpose the provisions of sections 33–37 (other than section 33 (3)) apply to and in respect of the removal of a listing in the same way as they apply to and in respect of a listing.
The Heritage Council may, for the purposes of this Act, endorse a conservation management plan for an item listed on the State Heritage Register.
The regulations may make provision for or with respect to conservation management plans for items listed on the State Heritage Register.
In this section—
(a) identifies the State heritage significance of an item, and
(b) sets out policies and strategies for the retention of that significance, and
(c) is prepared in accordance with the guidelines for the preparation of conservation management plans (if any) publicly issued from time to time by the Heritage Council.
The Minister may enter into a heritage agreement with the owner of an item that is listed on the State Heritage Register with respect to the conservation of the item. The Minister is to obtain and consider the advice of the Heritage Council before entering into a heritage agreement.
A heritage agreement in respect of an item can include provisions relating to all or any of the following—
(a) the conservation of the item,
(b) the financial, technical or other professional advice or assistance required for the conservation of the item,
(c) the review of the valuation of the item or the land on which it is situated,
(d) the restriction on the use of the item or the land on which it is situated,
(e) requirements for the carrying out of specified works or works of a specified kind,
(f) the standards in accordance with which the works are to be carried out,
(g) the restriction on the kind of works that may be carried out,
(h) the exemption of specified activities or activities of a specified kind from Part 4 (Effect of interim heritage orders and listing on State Heritage Register),
(i) the repayment of money advanced or loaned by the Minister under section 45 (Financial and other assistance),
(j) the public appreciation of the State heritage significance of the item,
(k) the availability of the item for public inspection,
(l) the charges made for admission,
(m) such other matters as the Minister considers, on the advice of the Heritage Council, will assist in the conservation of the item,
(n) such other matters as may be prescribed by the regulations.
The Minister may vary or terminate a heritage agreement by a subsequent agreement with the owner of the item concerned or in a manner specified in the original agreement. The Minister is to obtain and consider the advice of the Heritage Council before varying or terminating a heritage agreement.
A heritage agreement takes effect on a date specified in the agreement and expires on a date specified in the agreement.
A heritage agreement can be registered under this section if the following persons agree to its registration—
(a) if the agreement relates to land under the Real Property Act 1900—each person who has an estate or interest in the land registered under that Act, or
(b) if the agreement relates to land not under the Real Property Act 1900—each person who is seised or possessed of an estate or interest in the land.
On lodgment by the Minister of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the agreement—
(a) by making an entry in the Register kept under the Real Property Act 1900 if the agreement relates to land under that Act, or
(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.
A heritage agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being were the owner who entered into the agreement.
A heritage agreement relating to land under the Real Property Act 1900 about which an entry is made in a folio is an interest recorded in the folio for the purposes of section 42 of that Act.
A reference in this section to a heritage agreement includes a reference to any variation or termination of the heritage agreement.
On the application of the Minister, the Court may grant an injunction restraining a threatened or apprehended breach, or the continuation of a breach, of a heritage agreement.
An injunction may be granted without the Minister being required to show a likelihood of damage.
If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.
When the Minister makes an application to the Court for the grant of an injunction under this section, the Court is not to require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
The Minister may provide or arrange for the provision of such financial, technical or other assistance to the owner of an item or land that is the subject of a heritage agreement as the Minister considers necessary to ensure the conservation of the item or land.
The financial assistance provided under this section can only be for the payment of land tax, duty or council rates. The financial assistance is to be provided out of the Heritage Incentive Fund established under section 105A.
A heritage agreement is not a regulatory instrument for the purposes of section 28 (Suspension of laws etc by environmental planning instruments) of the Environmental Planning and Assessment Act 1979.
In this Part—
(a) that have been situated in State waters, or otherwise within the limits of the State, for 75 years or more, or
(b) that are the subject of a historic shipwrecks protection order.
(a) the coastal waters of the State (within the meaning of Part 10 of the Interpretation Act 1987), or
(b) any other waters within the limits of the State.
In this Part, a reference to an article being
(a) any article that appears to have formed part of the ship, and
(b) any article that appears to have been installed on, or carried in, the ship, and
(c) any article that appears to have been constructed or used by a person associated with the ship.
In this Part, a reference to any remains of a ship, or any article associated with a ship, being
(a) being situated in, or forming part of, the land beneath those waters, or
(b) being situated in, or forming part of, a reef in those waters.
The Minister, by order published in the Gazette, may declare to be a historic shipwreck the remains of any ship situated in State waters or otherwise within the limits of the State, and may do so regardless of the length of time for which it has been so situated.
An order under this section may relate to one or more ships or one or more articles, or to both one or more ships and one or more articles.
An order under this section must identify, in accordance with any requirements imposed by the regulations, the nature and location of the historic shipwreck to which the order relates.
There is to be a register called the Register of Shipwrecks kept by the Heritage Council. The Register is to be kept in such form and manner as the Heritage Council determines.
The Register is to contain particulars of each historic shipwrecks protection order made under this Part.
The Heritage Council is to provide advice to the Minister on the making of historic shipwrecks protection orders, either at the request of the Minister or on its own initiative.
A person must not move, damage or destroy any historic shipwreck otherwise than in accordance with a historic shipwrecks permit.
This section does not apply to a historic shipwreck that is subject to an interim heritage order made by the Minister or a listing on the State Heritage Register.
This section does not prevent a person from moving, damaging or destroying a historic shipwreck situated in any land in accordance with an excavation permit in force in respect of that land.
It is a defence to proceedings for an offence under this section if the defendant establishes that the act giving rise to the offence was done for the purpose of—
(a) saving human life, or
(b) securing the safety of a ship where the ship was endangered by stress of weather or by navigational hazards, or
(c) dealing with an emergency involving a serious threat to the environment.
This Part does not apply to such of the State waters as are waters to which the Historic Shipwrecks Act 1976 of the Commonwealth applies.
(Repealed)
In this Part—
(a) in respect of an interim heritage order made by the Minister or listing on the State Heritage Register—the Heritage Council, or
(b) in respect of an interim heritage order made by a council—the council that made the order.
(a) the Environmental Planning and Assessment Act 1979, not being an application under Part 3A or Part 5.1 or an application relating to State significant development or integrated development,
(b) Part 1 of Chapter 7 of the Local Government Act 1993,
(c) any prescribed provision of the Local Government Act 1993 or any prescribed provision of any instrument made under that Act,
(d) Part 4 of the Strata Schemes Development Act 2015,
(e) (Repealed)
in respect of the doing or carrying out of an act, matter or thing the doing or carrying out of which requires an approval of the Heritage Council under Subdivision 1 of Division 3 of this Part.
When an interim heritage order or listing on the State Heritage Register applies to a place, building, work, relic, moveable object, precinct, or land, a person must not do any of the following things except in pursuance of an approval granted by the approval body under Subdivision 1 of Division 3—
(a) demolish the building or work,
(b) damage or despoil the place, precinct or land, or any part of the place, precinct or land,
(c) move, damage or destroy the relic or moveable object,
(d) excavate any land for the purpose of exposing or moving the relic,
(e) carry out any development in relation to the land on which the building, work or relic is situated, the land that comprises the place, or land within the precinct,
(f) alter the building, work, relic or moveable object,
(g) display any notice or advertisement on the place, building, work, relic, moveable object or land, or in the precinct,
(h) damage or destroy any tree or other vegetation on or remove any tree or other vegetation from the place, precinct or land.
In the case of an interim heritage order made by a council, subsection (1) does not apply to—
(a) State significant development within the meaning of the Environmental Planning and Assessment Act 1979, or
(b) development, or demolition of a building or work, carried out by or on behalf of the Crown (with
Crown including the persons prescribed for the purposes of Division 4 of Part 4 of the Environmental Planning and Assessment Act 1979 as referred to in section 88 (2) (a) of that Act).
Subsection (1) does not apply to anything that is exempted from the operation of this Part by a heritage agreement.
Subsection (1) (d) does not apply in the case of a relic to which an interim heritage order made by a council applies.
Subsection (1) does not apply to anything that is exempted from the operation of this Part by a conservation management plan (within the meaning of section 38A) endorsed by the Heritage Council.
The Minister, on the recommendation of the Heritage Council, may, by order published in the Gazette, grant an exemption from subsection (1) or such of the provisions of that subsection as are specified in the order in respect of the engaging in or carrying out of such activity or class of activities by such person or class of persons in such circumstances as may be so specified. The Minister’s power under this subsection extends to apply in respect of interim heritage orders made by councils.
A council may, by order published in the Gazette, grant an exemption from subsection (1) or such of the provisions of that subsection as are specified in the order in respect of the engaging in or carrying out of such activity or class of activities by such person or class of persons in such circumstances as may be so specified. Such an exemption has effect only in respect of an interim heritage order made by the council concerned.
This Subdivision applies to an application for approval in respect of the doing or carrying out of an act, matter or thing referred to in section 57 (1).
This Subdivision applies in addition to, and not in derogation from, the provisions of any other Act or statutory instrument under which an application for approval in respect of the doing or carrying out of an act, matter or thing referred to in section 57 (1) is required to be made.
An application for approval may be made by—
(a) the owner of the item or land the subject of the application, or
(b) any person with the consent in writing of that owner, or
(c) if the item or land is situated on or comprises Crown land as defined in the Crown Land Management Act 2016, the lawful occupier of the Crown land.
An application for approval shall be made to the approval body in the approved form and shall be accompanied by such fee as may be prescribed.
Where an application for approval is made in respect of an item of the environmental heritage and that application, if approved, would, in the opinion of the approval body, materially affect the significance of that item as an item of the environmental heritage, the approval body shall cause public notice of that application to be given in a manner that the approval body is satisfied is likely to bring the notice to the attention of members of the public.
Public notice is not to be given under this section of an application for approval in respect of integrated development of which public notice has been given under the Environmental Planning and Assessment Act 1979.
A notice referred to in subsection (1) shall contain a statement to the effect that the application for approval referred to in that notice and any plans, specifications or similar documents lodged in connection with that application and in the custody of the approval body may be inspected at the office of the approval body by any person during ordinary office hours within a period of 21 days after the day on which that notice is first published in accordance with subsection (1).
During the period specified in subsection (2), any person may inspect the application and any documents referred to in that subsection which have been lodged in connection with that application at the office of the approval body during ordinary office hours and make representations in writing to the approval body with respect to that application.
The approval body shall not determine the application until the expiration of the period specified in subsection (2).
In determining an application for approval in respect of an item or land, the approval body shall take into consideration—
(a) the extent to which that application, if approved, would affect the significance of any item as an item of the environmental heritage,
(b) the representations, if any, made with respect to that application under section 61 (3),
(c) such matters relating to the conservation of that item or land as to it seem relevant, and
(c1) any applicable conservation management plan (within the meaning of section 38A) endorsed by the Heritage Council, and
(d) such other matters as to it seem relevant.
The regulations may make further provision with respect to the process for determining an application.
Except as provided by subsection (2), the approval body may determine an application for approval by granting approval to that application, either unconditionally or subject to conditions, or by refusing approval.
The determination of an application for approval in relation to integrated development is subject to Division 5 of Part 4 of the Environmental Planning and Assessment Act 1979.
Where—
(a) an application for approval is made to demolish the whole of a building or work, or
(b) an application for approval is made which would, if it were approved, necessitate the demolition of the whole of a building or work,
the approval body shall determine that application by refusing approval.
Nothing in subsection (2) prevents the approval body from approving an application referred to in that subsection if—
(a) it is of the opinion that the building or work constitutes a danger to the users or occupiers of that building or work, the public or a section of the public, or
(b) it is a condition of the approval that the building or work be relocated on other land, or
(c) the building or work is situated (whether wholly or partly) in a place or precinct that is an item of State heritage significance, but is not itself such an item, and the approval body is of the opinion that the demolition of the whole of the building or work will not have a materially detrimental effect on the heritage significance of the place or precinct.
Without limiting or restricting the power of the approval body to impose conditions under subsection (1), it may, in granting approval to an application for approval, impose, as a condition of its approval, a condition—
(a) that the applicant give security in such form and such amount as is determined by the approval body having regard to the nature and extent of the work referred to in the approval to ensure the satisfactory completion of that work, and
(b) that where the approval is to the demolition, in whole or in part, of a building or work, such measures as are specified in the approval be taken in the interests of public safety and convenience with respect to the demolition.
An approval may be granted subject to a condition that it is not to operate until the applicant for the approval satisfies the approval body as to any matter specified in the condition (a
Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition.
A deferred commencement approval must be clearly identified as a deferred commencement approval (whether by the use of that expression or by reference to this section or otherwise).
A deferred commencement approval must clearly distinguish conditions concerning matters as to which the approval body must be satisfied before the approval can operate from any other conditions.
An approval body may specify the period within which the applicant must produce evidence to the approval body sufficient enough to enable it to be satisfied as to those matters.
The applicant may produce evidence to the approval body sufficient to enable it to be satisfied as to those matters and, if the approval body has specified a period for the purpose, the evidence must be produced within that period.
If the applicant produces evidence in accordance with this section, the approval body must notify the applicant whether or not it is satisfied as to the relevant matters.
If the approval body has not notified the applicant within the period of 28 days after the applicant’s evidence is produced to it, the approval body is, for the purposes only of sections 70 and 70A, taken to have notified the applicant that it is not satisfied as to those matters on the date on which that period expires.
An approval may be granted—
(a) for the doing or carrying out of the act, matter or thing for which the approval is sought, or
(b) for the doing or carrying out of that act, matter or thing, except for a specified part or aspect of that act, matter or thing, or
(c) for the doing or carrying out of a specified part or aspect of that act, matter or thing.
An approval referred to in subsection (1) may be granted subject to a condition that—
(a) the act, matter or thing for which the approval is sought, or
(b) the specified part or aspect of that act, matter or thing, or
(c) any thing associated with that act, matter or thing or the doing or carrying out of that act, matter or thing,
must be the subject of another approval.
The approval body shall give notice in writing of its determination of an application for approval to the applicant.
Where the approval body determines an application for approval by granting approval subject to conditions or by refusing approval, the notice shall—
(a) indicate the reasons for the determination, and
(b) except in relation to the determination of an application referred to in section 63 (2) which is required to be determined by refusing approval, notify the applicant that he or she has a right of appeal under this Act against the determination.
Where the approval body has not determined an application for approval (other than an application for approval in respect of integrated development) within a period of 40 days, or, where public notice of that application has been given under section 61, within a period of 60 days, after service of that application on it, it shall, for the purposes only of section 70, be deemed to have determined that application by refusing approval.
Nothing in subsection (1) prevents the approval body from determining an application after the expiration of the period referred to in subsection (1) in relation to that application.
The determination of an application as referred to in subsection (2) shall not, where an appeal in respect of that application has been made under section 70, prejudice or affect the making, continuance or determination of that appeal.
The regulations may prescribe periods of time that are not to be taken into account in calculating the expiration of the periods referred to in subsection (1) in circumstances where the approval body has requested the applicant to provide it with additional information relating to the application.
On application in the approved form by any person entitled to act on an approval, the approval body may modify the approval—
(a) so as to vary any aspect of the original approval, but only if it is satisfied that the act, matter or thing authorised by the modified approval is substantially the same as the act, matter or thing authorised by the original approval, or
(b) so as to correct a minor error, misdescription or miscalculation.
The provisions of sections 61, 62, 64 and 65 apply to an application under subsection (1) (a) in the same way as they apply to an application for an approval, but do not apply to or in respect of an application under subsection (1) (b).
For the purposes of this section—
(a) the Minister is taken to be the approval body in relation to an approval granted by the Minister as a result of an appeal under Division 4, and
(b) the Court is taken to be the approval body in relation to an approval granted by the Court as a result of an appeal under Division 4,
but, in either case, the application for modification of the approval is to be lodged not with the Minister or Court but with the approval body to whom the application for original approval was made.
Modification of an approval under this section is not to be construed as the granting of an approval, but a reference in this or any other Act to an approval includes a reference to the modified approval.
This Subdivision prevails the extent of any inconsistency between this Subdivision and the Environmental Planning and Assessment Act 1979 (Part 3A, the provisions relating to State significant development or integrated development and Part 5.1 excepted), any environmental planning instrument in force under that Act, the Local Government Act 1993, any instrument made under that Act, or the Strata Schemes Development Act 2015.
An approval given by a consent authority to a prescribed application before the Heritage Council’s determination of the application has been notified to the consent authority is void.
An approval given by a consent authority to a prescribed application is, to the extent of any inconsistency with the Heritage Council’s determination of the application, void.
Nothing in this Subdivision affects the liability of a consent authority in respect of an approval granted by it.
An applicant dissatisfied with a determination of the Heritage Council with respect to an application for approval, or application for modification of an approval, made under Subdivision 1 of Division 3, not being the determination of an application referred to in section 63 (2) or 65A (1) (b), may appeal to the Minister or, in the case of the determination of an application for approval, or application for modification of an approval, in respect of integrated development, to the Court—
(a) within 12 months after the date on which the applicant received notice of that determination,
(b) within 12 months after the expiration of the period of 40 days or the period of 60 days, as the case may require, referred to in section 65 (1), or
(c) within such longer period as the Minister or the Court may in special circumstances allow.
An applicant who is dissatisfied with a decision by the Heritage Council to the effect that it is not satisfied as to a matter as to which it must be satisfied before a deferred commencement approval can operate may appeal to the Minister or, in the case of a decision concerning an approval in respect of integrated development, to the Court within 12 months after the Heritage Council notifies the applicant of its decision.
An applicant dissatisfied with a determination of a council with respect to an application for approval, or application for modification of an approval, made under Subdivision 1 of Division 3, not being the determination of an application referred to in section 63 (2) or 65A (1) (b), may appeal to the Court—
(a) within 12 months after the date on which the applicant received notice of that determination, or
(b) within 12 months after the expiration of the period of 40 days or the period of 60 days, as the case may require, referred to in section 65 (1), or
(c) within such longer period as the Court may in special circumstances allow.
An applicant who is dissatisfied with a decision by a council to the effect that it is not satisfied as to a matter as to which it must be satisfied before a deferred commencement approval can operate may appeal to the Court within 12 months after the council notifies the applicant of its decision.
Where an appeal is made to the Minister under section 70, the Minister may request the Independent Planning Commission to furnish a report to the Minister with respect to that appeal containing—
(a) a recommendation as to whether that appeal should, in the opinion of the Commission, be dismissed or allowed either unconditionally or subject to such conditions as may be specified in the report, and
(b) the reasons for that recommendation.
Before making a report under section 71, the Independent Planning Commission shall, if either the appellant, the Heritage Council or a person who has made representations to the Heritage Council under section 61 (3) with respect to the application for approval from the determination of which the appeal has been made so desires, afford the appellant, the Heritage Council or the person an opportunity of appearing personally or, unless otherwise provided by the regulations, by an Australian legal practitioner or agent.
The Minister, after considering such report as may be furnished to the Minister pursuant to section 71, may—
(a) dismiss the appeal,
(b) allow the approval either unconditionally or subject to such conditions as he or she thinks proper to impose,
(c) where the appeal is against the imposition of conditions, refuse to approve the application for approval from the determination of which the appeal has been made, or
(d) return the report to the Independent Planning Commission and request further consideration of the report.
Where a report is returned under subsection (1), sections 71 and 72 and subsection (1) apply in respect of the further consideration of the report in the same way as they apply in respect of the furnishing of the report.
The decision of the Minister under section 73 (1), other than a decision under section 73 (1) (d), shall be final and shall have effect as if it were a determination of the Heritage Council.
In this Subdivision,
If, under the Environmental Planning and Assessment Act 1979, any environmental planning instrument in force under that Act, the Local Government Act 1993, any instrument made under that Act, or the Strata Schemes Development Act 2015, an applicant has a right of appeal arising from the making of a prescribed application, that right is to be exercised by making that appeal to the Minister, despite those Acts or any such instrument.
Where an appeal is made to the Minister under section 76—
(a) if the Minister is of the opinion that the matter the subject of the appeal has special significance for the conservation of an item of the environmental heritage, he or she shall determine that appeal, or
(b) if the Minister is not of that opinion, he or she shall remit that appeal for hearing and determination by the Court.
The Minister shall cause notice of his or her decision under subsection (1) to be given to the person making the appeal.
If the Minister, pursuant to section 77 (1) (a), decides to determine an appeal, the Minister may request the Independent Planning Commission to furnish a report to the Minister with respect to the appeal containing—
(a) a recommendation as to whether the appeal should, in the opinion of the Commission, be dismissed or allowed either unconditionally or subject to such conditions as may be specified in the report, and
(b) the reasons for the recommendation.
Before making a report under section 78, the Independent Planning Commission must, if a party, being—
(a) the appellant, or
(b) the Heritage Council, or
(c) a person who has made representations to the Heritage Council under section 61 (3) with respect to the application for approval from the determination of which the appeal has been made, or
(d) the consent authority from whose determination, or neglect or delay to make a determination, the appeal is made,
so desires, afford the party an opportunity of appearing personally or, unless otherwise provided by the regulations, by an Australian legal practitioner or agent.
The Minister, after considering such report as may be furnished to the Minister under section 78, may—
(a) dismiss the appeal, or
(b) allow the appeal either unconditionally or subject to such conditions as the Minister thinks proper to impose, or
(c) if the appeal is against the imposition of conditions, refuse to approve the application for approval from the determination of which the appeal has been made, or
(d) return the report to the Independent Planning Commission and request further consideration of the report.
If a report is returned under subsection (1), sections 78 and 79 and subsection (1) apply in respect of the further consideration of the report in the same way as they apply in respect of the furnishing of the report.
The decision of the Minister under section 79A (1), other than a decision under section 79A (1) (d), is final and has effect as if it were a decision of the consent authority from whose determination, or neglect or delay to make a determination, the appeal is made.
The Minister or the Chairperson may make a stop work order if the Minister or Chairperson is of the opinion that a building, work, relic, moveable object or place the subject of an interim heritage order or listing on the State Heritage Register is being or is about to be harmed.
A stop work order is an order that—
(a) work being carried out on a building, work, relic, moveable object or place cease, and
(b) no work, other than work specified in the order, be carried out on the building, work, relic, moveable object or place within a period of 40 days after the date of the order.
A stop work order takes effect on and from the date that a copy of the order is affixed to the building, work, relic, moveable object or place the subject of the order.
A person must not, while an order under this section is in force, carry out any work, other than such work as may be specified in that order, with respect to the building, work, relic, moveable object or place the subject of that order.
The Minister or Chairperson—
(a) may only make a stop work order in relation to work for which approval is required under this Part, and
(b) must not make a stop work order in relation to work for which an approval is in force under this Part.
More than one stop work order may not be made in relation to the same work.
Nothing in this section prevents a person from seeking, or the Court from granting, an order under section 154 in relation to work.
A stop work order ceases to have effect if an order is made in relation to the work concerned under section 154 or the work is approved under this Part.
Section 137A applies in respect of a building, work, relic, moveable object or place subject to a stop work order in the same way as it applies to a building, work, relic, moveable object or place subject to an order under section 136 (1).
(Repealed)
In this Part—
The Minister is, for the purpose of exercising those functions expressed to be conferred or imposed on the corporation under this Part, hereby incorporated as a corporation sole with the corporate name “Minister administering the Heritage Act 1977”.
The corporation—
(a) has perpetual succession,
(b) shall have an official seal,
(c) may take proceedings, and be proceeded against, in its corporate name,
(d) may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the corporation is constituted, and
(e) is, for the purpose of any Act, a statutory body representing the Crown.
The seal of the corporation shall not be affixed to any instrument or document except in the presence of the Minister, or a person authorised by the Minister, who shall attest by his or her signature the fact and date of the affixing of the seal.
All courts and persons acting judicially—
(a) shall take judicial notice of the seal of the corporation that has been affixed to any instrument or document, and
(b) shall, until the contrary is proved, presume that the seal was properly affixed.
Financial statements need not be prepared for the Heritage Office in respect of any matters that the financial statements of the corporation contain or provide for.
There shall be established in the Special Deposits Account in the Treasury a Heritage Conservation Fund.
The Fund is administered by the Minister.
The purposes of the Fund are as follows—
See also Heritage (Elizabeth Farm) Amendment Act 1985, sec 4 and Sch 2.
Heritage Act 1977 No 136. Assented to 21.12.1977. Date of commencement of secs 3–168, 14.4.1978, sec 2 (2) and GG No 41 of 14.4.1978, p 1190; date of commencement of sec 169 and Sch 1, 23.6.1978, sec 2 (2) and GG No 73 of 23.6.1978, p 2380. This Act has been amended as follows—
No 206 | Heritage (Amendment) Act 1979. Assented to 21.12.1979. Date of commencement of Sch 1, 1.9.1980, sec 2 (2) and GG No 91 of 4.7.1980, p 3366. | |
No 83 | Miscellaneous Acts (Financial Accommodation) Amendment Act 1981. Assented to 9.6.1981. A proclamation was published in Gazette No 79 of 12.6.1981, p 3097, specifying 11.6.1981 as the date of commencement of Sch 1. The amendments were taken to have commenced on 12.6.1981. | |
No 153 | Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984. | |
No 144 | Heritage (Elizabeth Farm) Amendment Act 1985. Assented to 25.11.1985. | |
No 132 | Miscellaneous Acts (Residential Flat Buildings) Repeal and Amendment Act 1986. Assented to 4.12.1986. Date of commencement of Sch 1, 19.12.1986, sec 2 (2) and GG No 195 of 19.12.1986, p 6189. | |
No 220 | Miscellaneous Acts (Leasehold Strata Schemes) Amendment Act 1986. Assented to 23.12.1986. Date of commencement of Sch 1, 1.3.1989, sec 2 (2) and GG No 21 of 10.2.1989, p 911. | |
No 11 | Heritage (Amendment) Act 1987. Assented to 3.4.1987. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1987 No 209. Assented to 9.12.1987. Date of commencement of the provision of Sch 44 relating to the Heritage (Amendment) Act 1987, assent, sec 2 (1). | |
No 48 | Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987. | |
No 209 | Statute Law (Miscellaneous Provisions) Act (No 2) 1987. Assented to 9.12.1987. Date of commencement of the provision of Sch 44 relating to the Heritage Act 1977, assent, sec 2 (1). | |
No 70 | Crown Proceedings Act 1988. Assented to 23.11.1988. Date of commencement, 1.2.1989, sec 2 and GG No 10 of 27.1.1989, p 406. | |
No 53 | Hunter Water Board (Corporatisation) Act 1991. Assented to 11.12.1991. Date of commencement of Sch 1, 1.1.1992, sec 2 and GG No 180 of 20.12.1991, p 10554. | |
No 34 | Statute Law (Miscellaneous Provisions) Act 1992. Assented to 18.5.1992. Date of commencement of the provision of Sch 2 relating to the Heritage Act 1977, assent, Sch 2. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 88 | Water Board (Corporatisation) Act 1994. Assented to 12.12.1994. Date of commencement of Sch 7, 1.1.1995, sec 2 and GG No 170 of 16.12.1994, p 7400. | |
No 11 | Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995. Date of commencement of Sch 1.57, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279. | |
No 24 | Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996. Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984. | |
No 129 | Heritage Amendment Act 1996. Assented to 4.12.1996. Date of commencement, 8.8.1997, sec 2 and GG No 88 of 8.8.1997, p 6088. | |
No 139 | Strata Schemes Management (Miscellaneous Amendments) Act 1996. Assented to 16.12.1996. Date of commencement, 1.7.1997, sec 2 and GG No 68 of 27.6.1997, p 4770. Amended by Statute Law (Miscellaneous Provisions) Act 1997 No 55. Assented to 2.7.1997. Date of commencement of Sch 2.18, assent, sec 2 (2). | |
No 147 | Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997. Date of commencement of Sch 3, 3 months after assent, sec 2 (3). | |
No 152 | Environmental Planning and Assessment Amendment Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 101 of 1.7.1998, p 5119. | |
No 54 | Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998. Date of commencement of Sch 2.19, 1.7.1998, Sch 2.19 and GG No 101 of 1.7.1998, p 5119. | |
No 138 | Heritage Amendment Act 1998. Assented to 8.12.1998. Date of commencement, 2.4.1999, sec 2 and GG No 27 of 5.3.1999, p 1546. | |
No 145 | Water Legislation Amendment (Drinking Water and Corporate Structure) Act 1998. Assented to 8.12.1998. Date of commencement, 1.1.1999, sec 2 and GG No 176 of 18.12.1998, p 9726. | |
No 31 | Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.115, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2000. Assented to 29.6.2000. Date of commencement of Sch 1.11, assent, sec 2 (2). | |
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.21, assent, sec 2 (2). | |
No 102 | Australian Inland Energy Water Infrastructure Act 2000. Assented to 13.12.2000. Date of commencement, 15.12.2000, sec 2 and GG No 162 of 15.12.2000, p 13169. | |
No 106 | Valuation of Land Amendment Act 2000. Assented to 13.12.2000. Date of commencement of Sch 4.2, 31.12.2000, sec 2 and GG No 168 of 22.12.2000, p 13468. | |
No 65 | Heritage Amendment Act 2001. Assented to 11.10.2001. Date of commencement, 3.12.2001, sec 2 and GG No 180 of 23.11.2001, p 9335. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 53 | Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 2.16, assent, sec 2 (2). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112. Assented to 29.11.2002. Date of commencement of Sch 2.22, assent, sec 2 (3). | |
No 40 | State Water Corporation Act 2004. Assented to 30.6.2004. Date of commencement of Sch 3.6, 1.7.2004, sec 2 and GG No 110 of 1.7.2004, p 4983. | |
No 91 | Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004. Date of commencement of Sch 1.18, assent, sec 2 (2). | |
No 43 | Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005. Assented to 16.6.2005. Date of commencement of Sch 7.6, 1.8.2005, sec 2 and GG No 96 of 29.7.2005, p 4031. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.22, assent, sec 2 (2). | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.49 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 36 | Environmental Planning and Assessment Amendment Act 2008. Assented to 25.6.2008. Date of commencement of Sch 1.4, 1.7.2009, sec 2 and 2009 (254) LW 26.6.2009; date of commencement of Sch 2.3 [1]–[4] and [6]–[10], 3.11.2008, sec 2 and GG No 137 of 29.10.2008, p 10441; date of commencement of Sch 2.3 [5], 1.7.2009, sec 2 and 2009 (255) LW 26.6.2009. | |
No 34 | Heritage Amendment Act 2009. Assented to 9.6.2009. Date of commencement of Sch 1 [1]–[17] [24]–[37] and [39]–[43], 16.10.2009, sec 2 (1) and 2009 (503) LW 16.10.2009; date of commencement of Sch 1 [18]–[23], 3.11.2008, sec 2 (2); date of commencement of Sch 1 [38], 29.1.2010, sec 2 (1) and 2010 (24) LW 29.1.2010. | |
No 97 | Valuation of Land Amendment Act 2009. Assented to 30.11.2009. Date of commencement, assent, sec 2. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 1.16, 7.1.2011, sec 2 (2). | |
No 22 | Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.10, 1.10.2011, sec 2 and 2011 (509) LW 28.9.2011. | |
No 69 | Valuation of Land Amendment Act 2011. Assented to 28.11.2011. Date of commencement, assent, sec 2. | |
No 71 | Heritage Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 1 [1]–[10] and [13]–[16], 1.3.2012, sec 2 and 2012 (47) LW 24.2.2012; date of commencement of Sch 1 [11] and [12], 1.9.2012, sec 2 and 2012 (391) LW 24.8.2012. | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Schs 1.15 and 4.7, 6.7.2012, sec 2 (1). | |
No 93 | Environmental Planning and Assessment Amendment Act 2012. Assented to 21.11.2012. Date of commencement of Sch 2.7, 12.12.2012, sec 2 (3). | |
No 97 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012. | |
No 51 | Strata Schemes Development Act 2015. Assented to 5.11.2015. Date of commencement, 30.11.2016, sec 2 and 2016 (658) LW 4.11.2016. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 60 | Environmental Planning and Assessment Amendment Act 2017. Assented to 23.11.2017. Date of commencement, 1.3.2018, sec 2 and 2018 (64) LW 28.2.2018. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.22, 14.1.2018, sec 2 (3). | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2, 1.8.2018, sec 2 (3). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.51, 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.24, 11.12.2020, sec 2(3); date of commencement of Sch 3, assent, sec 2(1). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Schs 1.11 and 4, assent, sec 2(c). | |
No 27 | Property NSW Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 42 | National Parks and Heritage Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement, assent, sec 2. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 3, assent, sec 2(b). |
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997.
Sec 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]. |
Sec 4 | Am 1979 No 206, Sch 1 (2); 1986 No 132, Sch 1; 1986 No 220, Sch 1; 1987 No 11, Schs 1 (1), 4 (1); 1995 No 11, Sch 1.57 [1] [2]; 1996 No 129, Sch 1 [1]; 1996 No 139, Sch 2.16 [1]–[3] (am 1997 No 55, Sch 2.18 [1] [2]); 1997 No 152, Sch 4.13 [1] [2]; 1998 No 138, Sch 1 [1]–[3]; 2000 No 53, Sch 1.11 [1]–[3]; 2001 No 65, Sch 1 [1] [2]; 2004 No 91, Sch 1.18 [1]; 2008 No 36, Sch 2.3 [1]; 2009 No 34, Sch 1 [2]–[5]; 2011 No 71, Sch 1 [1] [2]; 2012 No 93, Sch 2.7; 2015 No 51, Sch 9.9 [1]; 2017 No 60, Sch 11.3 [1]; 2024 No 27, Sch 2.8; 2024 No 47, Sch 1.17[1]. |
Sec 4A | Ins 1998 No 138, Sch 1 [4]. Am 2009 No 34, Sch 1 [6]. |
Sec 6 | Am 1996 No 129, Sch 1 [2]; 1998 No 138, Sch 1 [5]. Rep 2009 No 34, Sch 1 [7]. |
Sec 7 | Am 2009 No 34, Sch 1 [8]. |
Sec 8 | Am 1979 No 206, Sch 1 (3); 1987 No 11, Sch 4 (2). Subst 1996 No 129, Sch 1 [3]. Am 2000 No 53, Sch 1.11 [4]–[6]; 2004 No 91, Sch 1.18 [2]–[7]; 2005 No 64, Sch 2.22. Subst 2009 No 34, Sch 1 [9]. Am 2011 No 71, Sch 1 [3]–[8]; 2015 No 58, Sch 3.42 [1] [2]; 2020 No 30, Sch 3.20[1]. |
Sec 9 | Subst 1996 No 129, Sch 1 [4]. Am 2004 No 91, Sch 1.18 [8] [9]. Subst 2009 No 34, Sch 1 [9]. |
Sec 10 | Rep 2009 No 34, Sch 1 [9]. |
Sec 11 | Am 1996 No 129, Sch 1 [5] [6]; 1999 No 94, Sch 4.115; 2000 No 53, Sch 1.11 [7]; 2000 No 93, Sch 2.21; 2004 No 91, Sch 1.18 [10]. Rep 2009 No 34, Sch 1 [9]. |
Sec 12 | Rep 2009 No 34, Sch 1 [9]. |
Sec 13 | Am 1996 No 129, Sch 1 [7] [8]. Rep 2009 No 34, Sch 1 [9]. |
Sec 14 | Subst 1996 No 129, Sch 1 [9]. Am 1998 No 138, Sch 1 [6]. Rep 2009 No 34, Sch 1 [9]. |
Sec 14A | Ins 1996 No 129, Sch 1 [9]. Am 1998 No 138, Sch 1 [7]. Rep 2009 No 34, Sch 1 [9]. |
Sec 15 | Subst 1996 No 129, Sch 1 [10]. Rep 2009 No 34, Sch 1 [9]. |
Sec 16 | Am 1996 No 129, Sch 1 [11]. Rep 2009 No 34, Sch 1 [9]. |
Sec 17 | Am 1987 No 11, Sch 4 (3); 1996 No 129, Sch 1 [12]. Rep 2009 No 34, Sch 1 [9]. |
Secs 18–20 | Rep 2009 No 34, Sch 1 [9]. |
Sec 21 | Am 1987 No 11, Sch 4 (4); 1998 No 138, Sch 1 [8]; 2009 No 34, Sch 1 [10]. |
Sec 21A | Ins 1998 No 138, Sch 1 [9]. |
Sec 21B | Ins 2011 No 71, Sch 1 [9]. |
Sec 22 | Subst 1998 No 138, Sch 1 [10]. |
Sec 23 | Am 1998 No 138, Sch 1 [11] [12]; 2001 No 65, Sch 1 [3]; 2009 No 34, Sch 1 [11] [12]; 2015 No 58, Sch 3.42 [3]; 2020 No 30, Sch 3.20[2]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17[2]. |
Part 3 | Ins 1998 No 138, Sch 1 [13]. For information concerning this Part before the commencement of 1998 No 138, Sch 1 [13], see the Historical table of amendments in the Legislative history. |
Secs 24–27 | Ins 1998 No 138, Sch 1 [13]. |
Secs 28, 29 | Ins 1998 No 138, Sch 1 [13]. Am 2018 No 25, Sch 2.13 [1]. |
Sec 30 | Ins 1998 No 138, Sch 1 [13]. |
Part 3A | Ins 1998 No 138, Sch 1 [13]. |
Sec 31 | Ins 1998 No 138, Sch 1 [13]. |
Sec 32 | Ins 1998 No 138, Sch 1 [13]. Am 2009 No 34, Sch 1 [13]. |
Sec 33 | Ins 1998 No 138, Sch 1 [13]. Am 2009 No 34, Sch 1 [14]–[16]; 2011 No 71, Sch 1 [10]; 2018 No 25, Sch 2.13 [2]–[4]. |
Sec 34 | Ins 1998 No 138, Sch 1 [13]. Am 2008 No 36, Sch 2.3 [2]–[4]; 2009 No 34, Sch 1 [17]. Subst 2011 No 71, Sch 1 [11]. Am 2017 No 60, Sch 11.3 [1]. |
Sec 35 | Ins 1998 No 138, Sch 1 [13]. Rep 2011 No 71, Sch 1 [12]. |
Sec 36 | Ins 1998 No 138, Sch 1 [13]. Am 2000 No 53, Sch 1.11 [8]; 2005 No 98, Sch 3.31 [1]; 2009 No 34, Sch 1 [18]–[23]; 2011 No 71, Sch 1 [13]; 2015 No 58, Sch 3.42 [1]; 2017 No 60, Sch 11.3 [1]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17[2]. |
Sec 37 | Ins 1998 No 138, Sch 1 [13]. Am 2009 No 34, Sch 1 [24]; 2012 No 42, Sch 1.15. |
Sec 38 | Ins 1998 No 138, Sch 1 [13]. Am 2009 No 34, Sch 1 [25] [26]. |
Sec 38A | Ins 2009 No 34, Sch 1 [27]. |
Part 3B (secs 39–46) | Ins 1998 No 138, Sch 1 [13]. |
Part 3C, Divs 1–3 (secs 47–52) | Ins 2001 No 65, Sch 1 [4]. |
Part 4, heading | Subst 1998 No 138, Sch 1 [14]. |
Sec 56 | Am 1979 No 206, Sch 1 (12); 1986 No 132, Sch 1; 1986 No 220, Sch 1; 1995 No 11, Sch 1.57 [3] [4]; 1996 No 139, Sch 2.16 [4] [5] (am 1997 No 55, Sch 2.18 [1] [2]). Subst 1997 No 152, Sch 4.13 [3]. Am 1998 No 138, Sch 1 [15]; 2005 No 43, Sch 7.6 [1]; 2011 No 22, Sch 2.10 [1]; 2015 No 51, Sch 9.9 [2]. |
Sec 57 | Am 1987 No 11, Sch 3 (1); 1998 No 138, Sch 1 [16]–[18]; 2001 No 65, Sch 1 [5]; 2008 No 36, Sch 2.3 [5]; 2009 No 34, Sch 1 [28]. |
Sec 59 | Am 1998 No 138, Sch 1 [19] [20]; 2017 No 17, Sch 4.42. |
Sec 60 | Am 1998 No 138, Sch 1 [21]; 2000 No 53, Sch 1.11 [9]. |
Sec 61 | Am 1997 No 152, Sch 4.13 [4]; 1998 No 138, Sch 1 [21]; 2018 No 25, Sch 2.13 [5] [6]. |
Sec 62 | Am 1998 No 138, Sch 1 [21]–[24]; 2009 No 34, Sch 1 [29]; 2020 No 30, Sch 1.24[1] [2]. |
Sec 63 | Am 1987 No 11, Sch 3 (2); 1997 No 152, Sch 4.13 [5]; 1998 No 54, Sch 2.19 [1]; 1998 No 138, Sch 1 [21]; 2001 No 65, Sch 1 [6]. |
Secs 63A, 63B | Ins 2001 No 65, Sch 1 [7]. |
Sec 64 | Am 1998 No 138, Sch 1 [21]. |
Sec 65 | Am 1997 No 152, Sch 4.13 [6]; 1998 No 138, Sch 1 [21]; 2020 No 30, Sch 1.24[3]. |
Sec 65A | Ins 2001 No 65, Sch 1 [8]. |
Part 4, Div 3, Subdiv 2, heading | Am 1979 No 206, Sch 1 (13). |
Sec 66 | Am 1979 No 206, Sch 1 (14); 1986 No 132, Sch 1; 1986 No 220, Sch 1; 1995 No 11, Sch 1.57 [5]; 1996 No 139, Sch 2.16 [6] (am 1997 No 55, Sch 2.18 [1] [2]). Subst 1997 No 152, Sch 4.13 [7]. Am 1998 No 54, Sch 2.19 [2]; 2005 No 43, Sch 7.6 [2]; 2011 No 22, Sch 2.10 [2]; 2015 No 51, Sch 9.9 [3]. |
Secs 67–69 | Am 1979 No 206, Sch 1 (15). Subst 1987 No 11, Sch 3 (3). |
Part 4, Div 4, Subdiv 1, heading | Am 1979 No 206, Sch 1 (16) (a). |
Sec 70 | Am 1987 No 11, Sch 3 (4); 1997 No 152, Sch 4.13 [8] [9]; 2001 No 65, Sch 1 [9]–[11]. |
Sec 70A | Ins 1998 No 138, Sch 1 [25]. Am 2001 No 65, Sch 1 [12]–[14]. |
Sec 71 | Am 1987 No 11, Sch 4 (6); 2008 No 36, Sch 2.3 [6] [7]; 2017 No 60, Sch 11.3 [1]. |
Sec 72 | Am 1987 No 11, Sch 4 (7); 2005 No 98, Sch 3.31 [2]; 2008 No 36, Sch 2.3 [8]; 2009 No 34, Sch 1 [30]; 2017 No 60, Sch 11.3 [1]. |
Sec 73 | Am 1987 No 11, Sch 4 (8); 2008 No 36, Sch 2.3 [9]; 2017 No 60, Sch 11.3 [1]. |
Part 4, Div 4, Subdiv 2, heading | Am 1979 No 206, Sch 1 (16) (b). |
Sec 76 | Am 1979 No 206, Sch 1 (17); 1986 No 220, Sch 1; 1987 No 209, Sch 44; 1995 No 11, Sch 1.57 [6]; 1996 No 139, Sch 2.16 [7] (am 1997 No 55, Sch 2.18 [1] [2]). Subst 1997 No 152, Sch 4.13 [10]. Am 2015 No 51, Sch 9.9 [4]. |
Sec 77 | Am 1979 No 206, Sch 1 (18). |
Sec 78 | Subst 1997 No 152, Sch 4.13 [11]. Am 2008 No 36, Sch 2.3 [7] [10]; 2017 No 60, Sch 11.3 [1]. |
Sec 79 | Rep 1979 No 206, Sch 1 (19). Ins 1997 No 152, Sch 4.13 [11]. Am 2005 No 98, Sch 3.31 [2]; 2008 No 36, Sch 2.3 [8]; 2009 No 34, Sch 1 [31]; 2017 No 60, Sch 11.3 [1]. |
Sec 79A | Ins 1997 No 152, Sch 4.13 [11]. Am 2008 No 36, Sch 2.3 [9]; 2017 No 60, Sch 11.3 [1]. |
Sec 79B | Ins 1997 No 152, Sch 4.13 [11]. |
Part 4, Div 5 (sec 79C) | Ins 2009 No 34, Sch 1 [32]. |
Part 5, heading | Subst 1979 No 206, Sch 1 (20). Rep 2008 No 36, Sch 1.4. |
Part 5 | Rep 2008 No 36, Sch 1.4. |
Secs 80, 81 | Subst 1979 No 206, Sch 1 (20). Rep 2008 No 36, Sch 1.4. |
Sec 82 | Subst 1979 No 206, Sch 1 (20). Am 1998 No 138, Sch 1 [26]; 2000 No 53, Sch 1.11 [10]; 2004 No 91, Sch 1.18 [2]. Rep 2008 No 36, Sch 1.4. |
Sec 83 | Subst 1979 No 206, Sch 1 (20). Am 1998 No 138, Sch 1 [27]. Rep 2008 No 36, Sch 1.4. |
Sec 84 | Rep 1979 No 206, Sch 1 (20). Ins 1998 No 138, Sch 1 [28]. Rep 2008 No 36, Sch 1.4. |
Secs 85–100 | Rep 1979 No 206, Sch 1 (20). |
Sec 101 | Am 1979 No 206, Sch 2 (2); 1987 No 48, Sch 31. |
Sec 102 | Am 1987 No 11, Sch 4 (9); 1998 No 138, Sch 1 [29]. |
Sec 103 | Am 2024 No 42, Sch 2[1]. |
Sec 103A | Ins 2024 No 42, Sch 2[2]. |
Sec 104 | Am 2024 No 42, Sch 2[3]–[5]. |
Sec 105 | Am 2024 No 42, Sch 2[6]–[9]. |
Sec 105A | Ins 1998 No 138, Sch 1 [30]. |
Sec 108 | Am 1996 No 24, Sch 1. |
Secs 109, 110 | Rep 1981 No 83, Sch 1. |
Sec 111 | Subst 1979 No 206, Sch 2 (3). Rep 1981 No 83, Sch 1. |
Sec 112 | Subst 1992 No 34, Sch 2. |
Sec 113 | Rep 1992 No 34, Sch 2. |
Part 6, Div 4 (sec 117) | Rep 1998 No 138, Sch 1 [31]. |
Part 6, Div 5, heading | Subst 1998 No 138, Sch 1 [32]. |
Sec 118 | Subst 1998 No 138, Sch 1 [33]. Am 2010 No 119, Sch 1.16 [1] [2]. |
Sec 119 | Subst 1998 No 138, Sch 1 [33]. |
Sec 120 | Am 1979 No 206, Sch 1 (21). Subst 1998 No 138, Sch 1 [33]. |
Secs 120A–120N | Ins 1998 No 138, Sch 1 [33]. |
Sec 121 | Am 1979 No 206, Sch 1 (22); 1987 No 11, Sch 4 (10); 1998 No 138, Sch 1 [34]–[36]; 2000 No 53, Sch 1.11 [11]; 2004 No 91, Sch 1.18 [2]; 2011 No 71, Sch 1 [14]; 2015 No 58, Sch 3.42 [1] [2]; 2020 No 30, Sch 3.20[2]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17[2]. |
Sec 122 | Am 1998 No 138, Sch 1 [37]. |
Sec 123 | Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1.57 [7] [8]; 1998 No 145, Sch 5.8 [1] [2]; 2000 No 102, Sch 3.5 [1] [2]; 2000 No 106, Sch 4.2; 2004 No 40, Sch 3.6; 2009 No 97, Sch 2 [1] [2]; 2011 No 69, Sch 2 [1]; 2017 No 63, Sch 4.22. |
Sec 124 | Am 1979 No 206, Sch 1 (23); 1998 No 138, Sch 1 [38] [39]. |
Sec 125 | Am 1979 No 206, Sch 1 (24); 1998 No 138, Sch 1 [39]; 2011 No 69, Sch 2 [2]. |
Sec 126 | Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1.57 [9]. |
Sec 127 | Am 1979 No 206, Sch 1 (25); 1998 No 138, Sch 1 [39]. |
Sec 128 | Am 1979 No 206, Sch 1 (26); 1998 No 138, Sch 1 [39] [40]. |
Sec 129 | Am 1998 No 138, Sch 1 [41]. |
Part 6, Div 8, heading | Am 1987 No 11, Sch 2 (1); 1998 No 138, Sch 1 [42]. |
Sec 129A | Ins 1987 No 11, Sch 2 (2). Rep 1998 No 138, Sch 1 [43]. |
Sec 130 | Am 1987 No 11, Sch 2 (3). Rep 1998 No 138, Sch 1 [43]. |
Sec 131 | Am 1979 No 206, Sch 1 (27); 1987 No 11, Sch 2 (4). Rep 1998 No 138, Sch 1 [43]. |
Sec 132 | Am 1987 No 11, Sch 2 (5). Rep 1998 No 138, Sch 1 [43]. |
Sec 133 | Am 1987 No 11, Sch 2 (6). Rep 1998 No 138, Sch 1 [43]. |
Sec 134 | Rep 1998 No 138, Sch 1 [43]. |
Sec 135 | Am 1987 No 11, Sch 2 (7). Rep 1998 No 138, Sch 1 [43]. |
Sec 136 | Am 1987 No 11, Sch 2 (8); 1996 No 129, Sch 1 [13]; 1998 No 138, Sch 1 [44]–[46]; 2000 No 53, Sch 1.11 [12]. |
Sec 137 | Am 1987 No 11, Sch 2 (9); 1996 No 129, Sch 1 [13]. |
Sec 137A | Ins 1987 No 11, Sch 2 (10). Am 1995 No 11, Sch 1.57 [10]; 1998 No 138, Sch 1 [47] [48]; 2001 No 65, Sch 1 [15]. |
Part 6, Div 9, heading | Subst 1998 No 138, Sch 1 [49]; 2001 No 65, Sch 1 [16]. |
Sec 138 | Subst 2001 No 65, Sch 1 [17]. |
Sec 139 | Subst 1998 No 138, Sch 1 [50]. Am 2001 No 65, Sch 1 [18]–[20]; 2009 No 34, Sch 1 [33]. |
Sec 140 | Am 2000 No 53, Sch 1.11 [13]; 2001 No 65, Sch 1 [21]. |
Sec 141 | Am 2001 No 65, Sch 1 [21]; 2023 No 35, Sch 1.11. |
Sec 142 | Am 2001 No 65, Sch 1 [21]. |
Sec 143 | Am 2001 No 65, Sch 1 [21]. |
Sec 144 | Am 2001 No 65, Sch 1 [21]. |
Sec 145 | Am 2001 No 65, Sch 1 [21]. |
Sec 146 | Subst 1998 No 138, Sch 1 [51]. Am 2001 No 65, Sch 1 [21]. |
Sec 146A | Ins 1987 No 11, Sch 4 (11). Am 2001 No 65, Sch 1 [21]. |
Sec 146B | Ins 1987 No 11, Sch 4 (11). Subst 1998 No 138, Sch 1 [52]; 2001 No 65, Sch 1 [22]. |
Sec 146C | Ins 1987 No 11, Sch 4 (11). |
Sec 147 | Am 1979 No 206, Sch 1 (28); 1998 No 138, Sch 1 [53] [54]. |
Sec 148 | Am 1998 No 138, Sch 1 [55] [56]. |
Sec 150 | Am 1987 No 11, Sch 4 (12). |
Sec 151 | Am 1979 No 206, Sch 1 (29); 1998 No 138, Sch 1 [57]–[60]; 2000 No 53, Sch 1.11 [14]; 2009 No 34, Sch 1 [34] [35]; 2015 No 58, Sch 3.42 [3] [4]; 2020 No 30, Sch 3.20[2]; 2023 No 35, Sch 4.17; 2024 No 47, Sch 1.17[2]; 2024 No 82, Sch 3.4[1] [2]. |
Part 7, Div 2, heading | Am 1979 No 206, Sch 1 (30). |
Sec 152 | Am 1998 No 138, Sch 1 [61]. |
Sec 153 | Am 1979 No 206, Sch 1 (31). |
Sec 154 | Am 1979 No 206, Sch 1 (32); 1998 No 138, Sch 1 [62] [63]. |
Sec 155 | Am 1979 No 206, Sch 1 (33). |
Sec 156 | Am 1979 No 206, Sch 1 (34). |
Sec 157 | Am 1987 No 11, Sch 4 (13); 1992 No 112, Sch 1; 1998 No 138, Sch 1 [64] [65]. |
Sec 158 | Am 1979 No 206, Sch 1 (35); 1987 No 11, Sch 4 (13); 1992 No 112, Sch 1; 1998 No 138, Sch 1 [66] [67]; 1999 No 31, Sch 4.39; 2001 No 65, Sch 1 [23]; 2007 No 94, Schs 1.49, 2. |
Sec 158A | Ins 2001 No 65, Sch 1 [24]. |
Sec 159 | Subst 2012 No 97, Sch 1.18. |
Sec 160 | Am 1998 No 138, Sch 1 [68]. |
Sec 161 | Am 1998 No 138, Sch 1 [69]. |
Sec 166A | Ins 2001 No 65, Sch 1 [25]. |
Sec 167 | Am 1979 No 206, Sch 1 (36); 1987 No 11, Schs 1 (21), 2 (11); 1998 No 138, Sch 1 [70]. |
Sec 168 | Subst 1987 No 11, Sch 4 (14). Am 1988 No 70, Sch 1. |
Sec 169 | Rep 1985 No 144, Sch 1 (1). Ins 1987 No 11, Sch 4 (14). Am 1996 No 129, Sch 1 [13] [14]; 1998 No 138, Sch 1 [71]; 2009 No 34, Sch 1 [36] [37]. |
Sec 170 | Ins 1987 No 11, Sch 4 (14). Am 1998 No 138, Sch 1 [72]–[74]; 2004 No 91, Sch 1.18 [11]; 2009 No 34, Sch 1 [38]; 2018 No 70, Sch 4.51[1] [2]. |
Sec 170A | Ins 1998 No 138, Sch 1 [75]. Am 2002 No 53, Sch 2.16 [1] (am 2002 No 112, Sch 2.22); 2009 No 34, Sch 1 [39]. |
Sec 170B | Ins 2009 No 34, Sch 1 [40]. |
Sec 171 | Ins 1996 No 129, Sch 1 [15]. |
Sch 1 | Rep 1985 No 144, Sch 1 (2). Ins 1996 No 129, Sch 1 [16]. Am 1998 No 138, Sch 1 [76]; 2000 No 53, Sch 1.11 [15]; 2001 No 65, Sch 1 [26] [27]; 2001 No 112, Sch 4.1; 2002 No 53, Sch 2.16 [2]; 2007 No 82, Sch 4.6; 2009 No 34, Sch 1 [41] [42]; 2010 No 119, Sch 1.16 [3]; 2011 No 71, Sch 1 [15] [16]; 2012 No 42, Sch 4.7 [1]. |
Sch 2 | Ins 1979 No 206, Sch 2 (4). Rep 1984 No 153, Sch 16. Ins 2009 No 34, Sch 1 [43]. Am 2015 No 58, Sch 3.42 [5]. |
Sch 3 | Ins 2012 No 42, Sch 4.7 [2]. Am 2012 No 42, Sch 4.7 [3] (cll 2, 3 transferred from Walsh Bay Development (Special Provisions) Act 1999, secs 10, 13) [4]–[9]. |
Information concerning Part 3 before the commencement of 1998 No 138, Sch 1 [13]—
Part 3 | Rep 1998 No 138, Sch 1 [13]. |
Part 3, Div 1, heading | Rep 1998 No 138, Sch 1 [13]. |
Sec 24 | Am 1979 No 206, Sch 1 (4); 1987 No 11, Sch 1 (2). Rep 1998 No 138, Sch 1 [13]. |
Secs 25–28 | Rep 1998 No 138, Sch 1 [13]. |
Sec 29 | Am 1979 No 206, Sch 1 (5); 1987 No 11, Sch 1 (3). Rep 1998 No 138, Sch 1 [13]. |
Secs 29A–29D | Ins 1987 No 11, Sch 1 (4). Rep 1998 No 138, Sch 1 [13]. |
Sec 30 | Am 1979 No 206, Sch 1 (6); 1987 No 11, Sch 1 (5). Rep 1998 No 138, Sch 1 [13]. |
Sec 31 | Am 1979 No 206, Sch 1 (7). Subst 1987 No 11, Sch 1 (6). Rep 1998 No 138, Sch 1 [13]. |
Secs 32, 33 | Rep 1998 No 138, Sch 1 [13]. |
Sec 34 | Am 1987 No 11, Sch 1 (7). Rep 1998 No 138, Sch 1 [13]. |
Sec 35 | Rep 1987 No 11, Sch 4 (5). |
Part 3, Div 2, heading | Rep 1998 No 138, Sch 1 [13]. |
Sec 35A | Ins 1987 No 11, Sch 1 (8). Rep 1998 No 138, Sch 1 [13]. |
Sec 36 | Am 1987 No 11, Sch 1 (9). Rep 1998 No 138, Sch 1 [13]. |
Sec 37 | Am 1987 No 11, Sch 1 (10). Rep 1998 No 138, Sch 1 [13]. |
Sec 38 | Rep 1998 No 138, Sch 1 [13]. |
Sec 39 | Am 1979 No 206, Sch 1 (8); 1987 No 11, Sch 1 (11) (12). Rep 1998 No 138, Sch 1 [13]. |
Sec 40 | Am 1987 No 11, Sch 1 (12). Rep 1998 No 138, Sch 1 [13]. |
Sec 41 | Am 1987 No 11, Sch 1 (12) (13). Rep 1998 No 138, Sch 1 [13]. |
Sec 42 | Am 1987 No 11, Sch 1 (14). Rep 1998 No 138, Sch 1 [13]. |
Sec 43 | Am 1987 No 11, Sch 1 (15). Rep 1998 No 138, Sch 1 [13]. |
Sec 44 | Am 1987 No 11, Sch 1 (12) (16). Rep 1998 No 138, Sch 1 [13]. |
Sec 45 | Rep 1998 No 138, Sch 1 [13]. |
Sec 46 | Am 1979 No 206, Sch 1 (9); 1987 No 11, Sch 1 (17). Rep 1998 No 138, Sch 1 [13]. |
Sec 47 | Rep 1979 No 206, Sch 1 (10). |
Secs 48, 49 | Rep 1998 No 138, Sch 1 [13]. |
Sec 50 | Am 1979 No 206, Sch 1 (11); 1987 No 11, Sch 1 (12) (18). Rep 1998 No 138, Sch 1 [13]. |
Sec 51 | Am 1987 No 11, Sch 1 (12). Rep 1998 No 138, Sch 1 [13]. |
Sec 52 | Am 1987 No 11, Sch 1 (12) (19) (am 1987 No 209, Sch 44). Rep 1998 No 138, Sch 1 [13]. |
Sec 53 | Am 1987 No 11, Sch 1 (14). Rep 1998 No 138, Sch 1 [13]. |
Sec 54 | Am 1987 No 11, Sch 1 (15). Rep 1998 No 138, Sch 1 [13]. |
Sec 55 | Am 1987 No 11, Sch 1 (12). Rep 1998 No 138, Sch 1 [13]. |
Part 3, Div 3 | Ins 1987 No 11, Sch 1 (20). Rep 1998 No 138, Sch 1 [13]. |
Sec 55A | Ins 1987 No 11, Sch 1 (20). Rep 1998 No 138, Sch 1 [13]. |
Sec 55B | Ins 1987 No 11, Sch 1 (20). Am 1992 No 112, Sch 1. Rep 1998 No 138, Sch 1 [13]. |
As a result of the substitution of Part 3 and the insertion of Parts 3A and 3B, secs 47–55B have been repealed.
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