5.10Heritage conservation
[compulsory]
Note—
Heritage items (if any) are listed and described
in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as
being described in Schedule 5.
Direction—
Heritage items as identified in Schedule 5 must
be shown on the Heritage
Map.
The location and nature of Aboriginal objects and
Aboriginal places of heritage significance may be described in Schedule 5 and
shown on the Heritage
Map (see the direction to Schedule
5).
(1)Objectives
The objectives of this clause are as
follows:
(a)
to conserve the environmental heritage of
[Name of local government area or other relevant
name],
(b)
to conserve the heritage significance of heritage
items and heritage conservation areas, including associated fabric, settings
and views,
(c)
to conserve archaeological
sites,
(d)
to conserve Aboriginal objects and Aboriginal
places of heritage significance.
(2)Requirement for
consent
Development consent is required for any of the
following:
(a)
demolishing or moving any of the following or
altering the exterior of any of the following (including, in the case of a
building, making changes to its detail, fabric, finish or appearance):
(i)
a heritage item,
(ii)
an Aboriginal object,
(iii)
a building, work, relic or tree within a heritage
conservation area,
(b)
altering a heritage item that is a building by
making structural changes to its interior or by making changes to anything
inside the item that is specified in Schedule 5 in relation to the
item,
(c)
disturbing or excavating an archaeological site
while knowing, or having reasonable cause to suspect, that the disturbance or
excavation will or is likely to result in a relic being discovered, exposed,
moved, damaged or destroyed,
(d)
disturbing or excavating an Aboriginal place of
heritage significance,
(e)
erecting a building on land:
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance,
(f)
subdividing land:
(i)
on which a heritage item is located or that is
within a heritage conservation area, or
(ii)
on which an Aboriginal object is located or that
is within an Aboriginal place of heritage
significance.
(3)When consent not
required
However, development consent under this clause is
not required if:
(a)
the applicant has notified the consent authority
of the proposed development and the consent authority has advised the
applicant in writing before any work is carried out that it is satisfied that
the proposed development:
(i)
is of a minor nature or is for the maintenance of
the heritage item, Aboriginal object, Aboriginal place of heritage
significance or archaeological site or a building, work, relic, tree or place
within the heritage conservation area, and
(ii)
would not adversely affect the heritage
significance of the heritage item, Aboriginal object, Aboriginal place,
archaeological site or heritage conservation area,
or
(b)
the development is in a cemetery or burial ground
and the proposed development:
(i)
is the creation of a new grave or monument, or
excavation or disturbance of land for the purpose of conserving or repairing
monuments or grave markers, and
(ii)
would not cause disturbance to human remains,
relics, Aboriginal objects in the form of grave goods, or to an Aboriginal
place of heritage significance, or
(c)
the development is limited to the removal of a
tree or other vegetation that the Council is satisfied is a risk to human life
or property, or
(d)
the development is exempt
development.
(4)Effect of proposed development
on heritage significance
The consent authority must, before granting
consent under this clause in respect of a heritage item or heritage
conservation area, consider the effect of the proposed development on the
heritage significance of the item or area concerned. This subclause applies
regardless of whether a heritage management document is prepared under
subclause (5) or a heritage conservation management plan is submitted under
subclause (6).
(5)Heritage
assessment
The consent authority may, before granting
consent to any development:
(a)
on land on which a heritage item is located,
or
(b)
on land that is within a heritage conservation
area, or
(c)
on land that is within the vicinity of land
referred to in paragraph (a) or (b),
require a heritage management document to be prepared
that assesses the extent to which the carrying out of the proposed development
would affect the heritage significance of the heritage item or heritage
conservation area concerned.
(6)Heritage conservation
management plans
The consent authority may require, after
considering the heritage significance of a heritage item and the extent of
change proposed to it, the submission of a heritage conservation management
plan before granting consent under this clause.
(7)Archaeological
sites
The consent authority must, before granting
consent under this clause to the carrying out of development on an
archaeological site (other than land listed on the State Heritage Register or
to which an interim heritage order under the Heritage Act
1977 applies):
(a)
notify the Heritage Council of its intention to
grant consent, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(8)Aboriginal places of heritage
significance
The consent authority must, before granting
consent under this clause to the carrying out of development in an Aboriginal
place of heritage significance:
(a)
consider the effect of the proposed development
on the heritage significance of the place and any Aboriginal object known or
reasonably likely to be located at the place by means of an adequate
investigation and assessment (which may involve consideration of a heritage
impact statement), and
(b)
notify the local Aboriginal communities, in
writing or in such other manner as may be appropriate, about the application
and take into consideration any response received within 28 days after the
notice is sent.
(9)Demolition of nominated State
heritage items
The consent authority must, before granting
consent under this clause for the demolition of a nominated State heritage
item:
(a)
notify the Heritage Council about the
application, and
(b)
take into consideration any response received
from the Heritage Council within 28 days after the notice is
sent.
(10)Conservation
incentives
The consent authority may grant consent to
development for any purpose of a building that is a heritage item or of the
land on which such a building is erected, or for any purpose on an Aboriginal
place of heritage significance, even though development for that purpose would
otherwise not be allowed by this Plan, if the consent authority is satisfied
that:
(a)
the conservation of the heritage item or
Aboriginal place of heritage significance is facilitated by the granting of
consent, and
(b)
the proposed development is in accordance with a
heritage management document that has been approved by the consent authority,
and
(c)
the consent to the proposed development would
require that all necessary conservation work identified in the heritage
management document is carried out, and
(d)
the proposed development would not adversely
affect the heritage significance of the heritage item, including its setting,
or the heritage significance of the Aboriginal place of heritage significance,
and
(e)
the proposed development would not have any
significant adverse effect on the amenity of the surrounding
area.
cl 5.10 (previously cl
35): Am 2007 (600), Sch 2 [81]–[87]. Renumbered 2007 (600), Sch 2
[182]. Subst 2011 (102), Sch 2 [52]. Am 2011 (362), Sch 1
[11].
5.14Siding Spring
Observatory—maintaining dark sky [optional]
(1)
The objective of this clause is to protect
observing conditions at the Siding Spring Observatory by promoting lighting
practices that minimise light pollution.
(2)Light emissions—general
considerations for all development
Before granting development consent for
development on land to which this Plan applies, the consent authority must
consider whether the development is likely to adversely affect observing
conditions at the Siding Spring Observatory, taking into account the following
matters:
(a)
the amount and type of light to be emitted as a
result of the development and the measures to be taken to minimise light
pollution,
(b)
the impact of those light emissions cumulatively
with other light emissions and whether the light emissions are likely to cause
a critical level to be reached,
(c)
whether outside light fittings associated with
the development are shielded light fittings,
(d)
the measures to be taken to minimise dust
associated with the development,
Note—
Dust tends to scatter light and increase light
pollution.
(e)
the Dark Sky Planning Guideline prepared by
the Secretary and published in the Gazette.
(3)Development on land within 18
kilometres of observatory
Development consent is required for all lit
development on land less than 18 kilometres from the Siding Spring
Observatory.
(4)
The consent authority must consult with the
observatory director before granting development consent to lit development on
land less than 18 kilometres from the Siding Spring
Observatory.
(5)
The consent authority must not (except with the
concurrence of the Secretary) grant development consent to development on land
less than 18 kilometres from the Siding Spring Observatory if the consent
authority considers that the development is likely to result in any one or
more of the following:
(a)
an outside light fitting other than a shielded
light fitting,
(b)
an outside light fitting emitting light of more
than:
(i)
if the development is on land less than 12
kilometres from the Siding Spring Observatory—900 lumens,
or
(ii)
in any other case—1,800
lumens,
(c)
more than 4 shielded outside light
fittings,
(d)
light of more than 7,200 lumens being
emitted.
(6)
The consent authority must not grant development
consent to lit development on land less than 18 kilometres from the Siding
Spring Observatory unless the consent authority is satisfied that the
development will incorporate designs that minimise light pollution and
measures that will prevent the escape of light at night through skylights,
windows or other openings.
(7)Development on land 18
kilometres or more from observatory
The consent authority must not (except with the
concurrence of the Secretary) grant development consent to development on land
that is 18 kilometres or more from the Siding Spring Observatory if the
consent authority considers that the development is likely to result in the
emission of light of 1,000,000 lumens or more.
(8)
The consent authority must consult with the
observatory director before granting development consent to development for
the purposes of a dwelling house, secondary dwelling or dual occupancy on land
that is 18 kilometres or more from the Siding Spring Observatory if the
consent authority considers that the development is likely to result in a
dwelling having:
(a)
an outside light fitting other than a shielded
light fitting, or
(b)
more than 7 shielded outside light fittings or
more than 5 such light fittings that are not automatic light
fittings.
(9)
The consent authority must consult with the
observatory director before granting development consent to development (other
than development for the purposes of a dwelling house, secondary dwelling or
dual occupancy) on land that is 18 kilometres or more from the Siding Spring
Observatory if the consent authority considers that the development is likely
to result in the emission of light of 50,000 lumens or
more.
(10)Granting
concurrence
The Secretary must take the following into
account in deciding whether to grant concurrence under this clause:
(a)
any comments made by the observatory director in
relation to the development,
(b)
the effect the development would have on
observing conditions at the Siding Spring Observatory,
(c)
the quantity of artificial light in the night sky
measured through a telescope at the Siding Spring Observatory on or about the
date the development application is made and the relationship of that level to
the critical level,
(d)
whether any public interest in permitting the
development outweighs the public interest in preserving the observing
conditions at the Siding Spring Observatory.
(11)
A reference in this clause to light emitted as a
result of development for the purposes of a building or work includes light
emitted from any other building or work that is to be used as part of or in
connection with that building or work.
(12)
A requirement in this clause to consult with the
observatory director in respect of development is a requirement to give
written notice of the development to the observatory director and to take into
account any comments received from the observatory director within 21 days
after the notice is given.
(13)
Clause 4.6 does not allow development consent to
be granted for development that would contravene this
clause.
(14)
In this clause:
automatic
light fitting means a light fitting that is activated by a
sensor and switches off automatically after a period of time.
critical
level means the level at which the quantity of artificial
light in the night sky measured through a telescope at the Siding Spring
Observatory is greater than:
(a)
if the telescope is inclined at 30 degrees from
the horizon—10% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest, or
(b)
if the telescope is inclined at 90 degrees from
the horizon—3% of the surface brightness of the night sky attributable
to natural light sources, at the time of the solar cycle when the sky is at
its darkest.
horizontal plane, in relation to a
light fitting, means the horizontal plane passing through the centre of the
light source (for example, the bulb) of the light fitting.
light
pollution means brightening of the night sky caused by
artificial light.
lit
development means development that is likely to result in
the emission of light.
observatory director means the
Director of the Research School of Astronomy and Astrophysics at the
Australian National University.
outside
light fitting means a light fitting that is attached or
fixed outside, including on the exterior, of a building.
shielded
light fitting means a light fitting that does not permit
light to shine above the horizontal plane.
Siding
Spring Observatory means the land owned by the Australian
National University at Siding Spring and the buildings and equipment situated
on that land.
Direction—
This clause may be adopted without subclause
(9).
cll 5.14, 5.15: Ins
2016 (309), Sch 1.