Development application referral rejection

When a Development Application Referral (DAR) is rejected by Heritage NSW in the CNR Portal, a brief reference will be provided to indicate the reason. Local councils and applicants will receive a notification including this reason via email. Here is additional information to explain each reason.

The referral has not been accepted by Heritage NSW because the Aboriginal cultural heritage assessment identifies that Aboriginal objects are known to exist in the project area, and/or the project area includes a gazetted Aboriginal Place, and an Aboriginal Heritage Impact Permit (AHIP) will be required.

The application and relevant supporting documentation must be resubmitted to Heritage NSW as integrated development under s.90 of the National Parks and Wildlife Act 1974.

The referral has not been accepted by Heritage NSW as the project area is either an item or place listed on the State Heritage Register or is subject to an Interim Heritage Order. The application and relevant supporting documentation should be resubmitted to Heritage NSW as integrated development under the Heritage Act 1977.

The referral has not been accepted by Heritage NSW as the application does not include the information required for heritage assessment, specifically:

  • Aboriginal Cultural Heritage Assessment Report 
  • Statement of Environmental Effects  
  • Drawings and drawing table

It is the responsibility of the proponent to ensure that they comply with Part 6 of the National Parks and Wildlife Act 1974. If Aboriginal objects are present, or likely to be present, and the proposed activity will harm those objects, an Aboriginal Cultural Heritage Assessment Report (ACHAR) must be completed. This assessment should inform appropriate management and mitigation measures, which may include the requirement for an Aboriginal Heritage Impact Permit (AHIP).

An ACHAR must be prepared in accordance with the following:

If the Aboriginal cultural heritage assessment identifies that Aboriginal objects are present and an AHIP will be required, the development application needs to be referred to Heritage NSW as integrated development under s.90 of the NPW Act.

or 

The referral has not been accepted by Heritage NSW as the application does not include the information required for heritage assessment, specifically:

  • Statement of Environmental Effects (SEE)
  • Statement of Heritage Impact (SOHI)
  • Drawings and drawing table

and when there are known or suspected relics to manage on site:

  • Historical Archaeological Assessment, or a detailed assessment of impacts to archaeology in the SOHI or SEE

The above documents should be prepared by suitably qualified and experienced professionals in accordance with the Heritage Council of NSW guidelines. 

The referral has not been accepted by Heritage NSW because the Aboriginal Cultural Heritage Assessment Report (ACHAR) has determined that no Aboriginal objects or places, or potential for Aboriginal objects, are known to exist on the land to which the development application applies. No heritage comment is required.

If local council wishes to approve the proposal, the following unexpected finds condition should be included:  

If Aboriginal objects are encountered at any stage during the development works, the proponent must cease all activity in the vicinity and notify Heritage NSW via the Environment Line (phone 131 555). Works cannot recommence in that area until written authorisation is provided by Heritage NSW. If the proponent intends to harm the Aboriginal objects through the development works, an AHIP must be sought and issued under s.90 of the National Parks and Wildlife Act 1974 before works can continue in that area.

The referral has not been accepted by Heritage NSW because a due diligence report has been provided in support of the application. Due diligence is a legal defence against harm under the National Parks and Wildlife Act 1974 (NPW Act). Heritage NSW does not review due diligence reports or certify a person’s compliance with their due diligence requirements. This is the responsibility of the proponent.

It is also the responsibility of the proponent to ensure that they comply with Part 6 of the NPW Act. If Aboriginal objects are present, or likely to be present, and the proposed activity will harm those objects, an Aboriginal Cultural Heritage Assessment Report (ACHAR) must be prepared. This assessment should inform appropriate management and mitigation measures, which may include the requirement for an Aboriginal Heritage Impact Permit (AHIP).

An ACHAR must be prepared in accordance with the following:

If the Aboriginal cultural heritage assessment identifies that Aboriginal objects are present and an AHIP will be required, the development application needs to be referred to Heritage NSW as integrated development under s.90 of the NPW Act.

The referral has not been accepted by Heritage NSW as the project area does not include any identified relics. Heritage NSW does not comment on development relating to local heritage items. 

A 'relic' means any deposits, artefact, object or material evidence that:

  • relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
  • is of local or state significance.

Note: relics are protected under the Heritage Act 1977. If any unexpected archaeological deposits or relics are discovered by any person/s during the development, the Heritage Council of NSW must be notified as required by section 146 of the Heritage Act 1977. See the s146 notifications page. 

The referral has not been accepted by Heritage NSW as the project area does not adjoin and is not adjacent to (i.e. it is not in the vicinity of) an item or place listed on the State Heritage Register (SHR), subject to an Interim Heritage Order, or an SHR nomination.

The referral has not been accepted by Heritage NSW as the information provided (i.e. identification in an AMP or LEP listing, or an archaeological assessment) does not indicate that there are known, or suspected historical archaeological relics located within the project area. No heritage comment is required.

However, please note that relics are protected under the Heritage Act 1977. If any unexpected archaeological deposits or relics are discovered by any person/s during the development, the Heritage Council of NSW must be notified as required by s146 of the Heritage Act 1977.

 

The referral has not been accepted by Heritage NSW as the archaeological assessment provided demonstrates a low likelihood of historical archaeological relics within the project area. If local council wishes to approve the proposal, the following unexpected finds condition should be included:

The applicant must ensure that if any unexpected archaeological deposits or relics not identified and considered in the supporting documents for this approval are discovered, work must cease in the affected area(s) and the Heritage Council of NSW must be notified as required by s146 of the Heritage Act 1977. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.