Land and Environment Court

Heritage statutes and subordinate instruments

Statutes

NSW

  Commonwealth


Subordinate instruments

Regulations

Environmental Planning Instruments (EPIs)

The Environmental Planning and Assessment Act 1979 contains extensive provisions for the drafting of EPIs, which place several duties regarding heritage conservation on local councils. Planning proposals are to include maps of heritage areas if applicable and heritage matters are generally to be considered by councils when assessing development applications. EPIs are to be approved by the Minister who is advised by the Heritage Council and the Department of Planning.

There are two main types of EPIs:  state environmental planning policies (SEPPs) and local environmental plans (LEPs). Many of these EPIs deal with heritage issues. Copies of the EPIs are available from the NSW legislation website under the heading EPIs.

The NSW government has moved to standardise LEPs across the State. There is a Standard Instrument Principal Local Environmental Plan.

The Standard LEP contains extensive provisions dealing with heritage conservation (see cl 5.10). Local councils are required to prepare a LEP for their area based on the standard instrument.

Heritage provisions in the older LEPs are based on the Local Government Heritage Guidelines 2002.

HERITAGE

 
 
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