sydney-city-centre-review-of-environmental-factors

4.3 Other relevant NSW legislation
The following legislative provisions would apply to the proposal during its
construction and operation.
4.3.1 Heritage Act 1977
The Heritage Act 1977 provides for the conservation of buildings, works,
archaeological relics and places of heritage value. It principally achieves this by
listing, and therefore protecting, heritage values, under a number of registers. This
includes the state heritage register (SHR), the heritage and conservation register
(HCR), LEP heritage schedules, public authority heritage and conservation registers
(termed section 170 registers) and interim heritage orders (IHOs).
The Act requires Roads and Maritime to assess the proposal’s impact on historic
buildings, places, objects and archaeological sites, to ensure their cultural heritage
value is protected (refer to section 6.3).
There are three pertinent provisions of the Act relevant to the proposal. Their
application would depend on the outcome of the detailed design.
The first outcome would be:
The requirement to obtain Heritage Council of NSW approval as the proposal
would adversely harm the following State-listed heritage items (refer to Section
60 of the Act)
The requirement to obtain an excavation permit from the Heritage Council of
NSW as the proposal has the potential to disturb, damage or modify any the
following heritage items (refer to sections 139–144 of the Act):
The second outcome would be:
The requirement to obtain Heritage Council of NSW exemption from the above
approval and permit requirements if it can be demonstrated that the proposal
would only having a minor impact on the following heritage-listed items (refer to
section 57(2) and section 139(4) of the Act):
The non-Aboriginal heritage assessment prepared to support the REF (refer to
Appendix E) provides more specific details relating to the above permitting provisions
as well as section 6.3.4.
4.3.2 Roads Act 1993
Under the Roads Act 1993 the consent of the relevant roads authority is required to
dig up, erect a structure or carry out work in, on or over a road (refer to section 138 of
the act). For classified roads the relevant roads authority is Roads and Maritime and
for unclassified roads it is the relevant local council, in this case City of Sydney.
Although road works are proposed on a number of unclassified roads in the city
centre, Roads and Maritime does not need City of Sydney consent under the Act
prior to starting works on site. This is due to the exclusions set out under clause 5(1),
schedule 2 of the Act.
Sydney City Centre Capacity Improvement 159
Review of Environmental Factors