Part I - Other Considerations - Richmond Valley Council

Richmond Valley Development Control Plan 2012heritage item means a building, work, place, relic, tree, object or archaeological site thelocation and nature of which is described in Schedule 5.Note. An inventory of heritage items is also available at the office of the Council.heritage management document means:(a) a heritage conservation management plan, or(b) a heritage impact statement, or(c) any other document that provides guidelines for the ongoing management andconservation of a heritage item, Aboriginal object, Aboriginal place of heritagesignificance or heritage conservation area.Heritage Map means the Richmond Valley Local Environmental Plan 2012 Heritage Map.heritage significance means historical, scientific, cultural, social, archaeological, architectural,natural or aesthetic value.maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritagesignificance, or a building, work, archaeological site, tree or place within a heritageconservation area, means ongoing protective care, but does not include the removal ordisturbance of existing fabric, alterations (such as carrying out extensions or additions) or theintroduction of new materials or technology.nominated State heritage item means a heritage item that:(a) has been identified as an item of State significance in a publicly exhibited heritagestudy adopted by the Council, and(b) the Council has, by notice in writing to the Heritage Council, nominated as an item ofpotential State significance.relic has the same meaning as in the Heritage Act 1977.Note. The term is defined as follows:relic means any deposit, artefact, object or material evidence that:(a) relates to the settlement of the area that comprises New South Wales, not beingAboriginal settlement, and(b) is of State or local heritage significance.(b) Exempt and Complying DevelopmentTraditionally heritage listed items and properties within conservation areashave been excluded from exempt development. The heritage conservationprovisions of the Standard Instrument LEP changes this arrangement byexcluding the need for development consent for development that is exemptdevelopment (refer to clause 5.10(3)(d)). Notwithstanding however, thatcertain types of exempt development may specify that they can not apply toheritage items, conservation areas, and/or State heritage items.(4) Aboriginal Cultural HeritageAboriginal cultural heritage provisions of the National Parks and Wildlife Act1974 are currently undergoing a comprehensive review. Until this review hasbeen completed and change made to the legislative framework, the currentstatutory regime stands.The management and protection of Aboriginal cultural heritage is provided bythe National Parks and Wildlife Act 1974. The Act specifically provides for thereservation and management of Aboriginal areas, the declaration of AboriginalPlaces, the protection of Aboriginal places and objects, and the maintenanceof a register (AHIMS). It also contains requirements to report known Aboriginalobjects and sites to the Office of Environment and Heritage, and that anAboriginal Heritage Impact Permit (AHIP) is required to harm or desecrate anAboriginal object or Aboriginal Plan.The duty of care lies with the person undertaking, or authorising, works to beundertaken to follow the Due Diligence Code of Conduct for the Protection ofAboriginal Objects in New South Wales (2010). This means that theappropriate searches and consultation needs to be undertaken to ensure thatworks will not harm Aboriginal objects. Where there is reason to believe thatPart I – Other Considerations – Heritage I.9