Standard exemptions for State Heritage Register items | Heritage

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The standard exemptions are for doing simple things such maintenance or installing a fire alarm. These activities or work must have little to no impact on the item’s heritage significance and support its ongoing management.

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette.

Before any activity or work takes place, follow the steps to:

understand what 'significant fabric' is
determine if your proposed activity or work can be done under a standard exemption and therefore you do not need to lodge an application for approval
understand how to comply with standard exemption requirements.

Check the heritage listing

Search the State Heritage Inventory to confirm the item is listed on the State Heritage Register or subject to an interim heritage order.

Understand what significant fabric is

The management of a heritage item depends on its significance and significant elements (or fabric). Significant fabric is the material of the heritage item which contributes to its significance. For example, it includes building interiors and exteriors, sub-surface remains, excavated material and natural elements.

You can find information about a heritage item’s significant fabric in:

its statement of significance (check the State Heritage Inventory)
a conservation management plan or strategy
a statement of heritage impact
a heritage collection plan
an archaeological management plan
an Aboriginal Place management plan.

Check if these or other exemptions apply

Refer to the list of standard exemptions below to see what applies.

Some State Heritage Register-listed items also have site-specific exemptions
For nominated or listed State Heritage Register items we can negotiate site-specific exemptions with the property owner/manager to ensure certain activities and work can be done without needing approval by the Heritage Council. These site-specific exemptions may include activities and work that:

are necessary for day-to-day management of the property
have been previously approved (by the relevant consent authority)
are overseen by a qualified heritage consultant
are not covered by the standard exemptions.

To find out if site-specific exemptions also apply for a heritage item, check the State Heritage Inventory (search the item and look under the 'Procedures/Exemptions' tab), the Heritage Council endorsed conservation management plan for the item (if applicable) or contact us.

Before doing anything assess for yourself whether the activity or works can be done under an exemption. The proposed activity or work may be exempt from needing approval if it:

complies with the general conditions that apply to all standard exemptions
fits the description of one or more standard exemption
complies with the relevant standards for each standard exemption
fits the description of any site-specific exemptions for the item.

If your proposed activity or work is not covered by any exemption, you must apply and be granted approval before the activity or work takes place.

Check if any other approvals apply

Activities or work exempt from approval under the Heritage Act 1977 might still need other approvals. For example, your proposed activity or work might need an Aboriginal Heritage Impact Permit under the National Parks and Wildlife Act 1974, if Aboriginal objects may be present or the site is a declared Aboriginal Place.

Engage suitably qualified professionals

Heritage projects need the right experts to get the job done. Try searching online or asking around for professionals who have the skills and experience for what you need.

Any activity or work done under an exemption must be carried out by qualified people with the right knowledge, skills and demonstrated experience.

Keep records

Records must be kept of any activities or work completed under a standard exemption. Use the Standard Exemption Record Keeping Form (PDF 70KB).

When work or activities are done under site-specific exemptions, follow the documentation requirements indicated for the site-specific exemptions.

A record of the use of exemptions should include (at a minimum):

a reference to the item’s statement of heritage significance
a detailed description of the proposed activities and works and how this changes the existing fabric
an assessment of whether the activities or works impact the item’s heritage significance (following the guidelines)
details of any advice received from a suitably qualified and experienced professional
other relevant records – for example, plans, copies of heritage advice received and before and after photos as attachments.

Manage unexpected issues and finds

While carrying out the activity or works if anything unexpected (such as significant fabric or relics) is found, stop work and evaluate:

whether you can address the issue within the defined activities/works, relevant standards and conditions of the exemption
whether you need new or additional professional advice and expertise.

If you are not able to address the issue under an exemption, you will need to apply and be granted a heritage approval before proceeding.

Use the record keeping form to document these issues, your decisions and any advice received which informed those decisions.

Standard exemptions

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette on 17 June 2022.

List of standard exemptions

General conditions

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette.

These general conditions apply to the use of all standard exemptions and must be complied with.

These general conditions apply to all of the following standard exemptions.
These standard exemptions apply to all items of all values listed on the NSW State Heritage Register or subject to an Interim Heritage Order (termed ‘item’ or ‘items’ for the purpose of these standard exemptions), including Aboriginal cultural heritage.
These standard exemptions are available to the owner of a listed item or item subject to an Interim Heritage Order, or any person with the consent in writing of that owner, or if the item is situated on Crown Land, as defined in the Crown Land Management Act 2016, the lawful occupier.
Anything done under the standard exemptions must be carried out by people with knowledge, skills and experience appropriate to the work (some exemptions require suitably qualified and experienced professional advice/work).
The standard exemptions do not permit the removal of any significant fabric. Significant fabric means all the physical material of the place/item including elements, fixtures, landscape features, contents, relics and objects which contributes to the item’s heritage significance.
The standard exemptions do not permit the removal of relics or Aboriginal objects.

If relics are discovered, work must cease in the affected area and the Heritage Council must be notified in writing in accordance with section 146 of the Heritage Act 1977. Depending on the nature of the discovery, assessment and an excavation permit may be required prior to the recommencement of work in the affected area.

If any Aboriginal objects are discovered, excavation or disturbance is to cease, and Heritage NSW notified in accordance with section 89A of the National Parks and Wildlife Act 1974. Aboriginal object has the same meaning as in the National Parks and Wildlife Act 1974.
Activities/works that do not fit strictly within the exemptions described below require approval by way of an application under section 60 of the Heritage Act 1977.
The standard exemptions are self-assessed. It is the responsibility of a proponent to ensure that the proposed activities/ works fall within the standard exemptions.
The proponent is responsible for ensuring that any activities/works undertaken by them meet all Relevant standards and have all necessary approvals.
Proponents must keep records of any activities/works for auditing and compliance purposes by the Heritage Council. Where advice of a suitably qualified and experienced professional has been sought, a record of that advice must be kept. Records must be kept in a current readable electronic file or hard copy for a reasonable time.
It is an offence to do any of the things listed in section 57(1) of the Heritage Act 1977 without a valid exemption or approval.
A person guilty of an offence against the Heritage Act 1977 shall be liable to a penalty or imprisonment, or both under section 157 of the Heritage Act 1977.
Authorised persons under the Heritage Act 1977 carry out inspections for compliance.
The standard exemptions under the Heritage Act 1977 are not authorisations, approvals or exemptions for the activities/ works under any other legislation, Local Government and State Government requirements (including, but not limited to, the Environmental Planning and Assessment Act 1979 and the National Parks and Wildlife Act 1974).
The standard exemptions under the Heritage Act 1977 do not constitute satisfaction of the relevant provisions of the National Construction Code for ancillary works.
Activities or work undertaken pursuant to a standard exemption must not, if it relates to an existing building, cause the building to contravene the National Construction Code.
In these exemptions, words have the same meaning as in the Heritage Act 1977 or the relevant guidelines, unless otherwise indicated. Where there is an inconsistency between relevant guidelines and these exemptions, these exemptions prevail to the extent of the inconsistency. Where there is an inconsistency between either relevant guidelines or these exemptions and the Heritage Act 1977, the Act will prevail.
The Heritage Manual (1996, Heritage Office and Department of Urban Affairs & Planning) and The Maintenance Series (1996 republished 2004, NSW Heritage Office and Department of Urban Affairs & Planning) guidelines must be complied with when undertaking any activities/works on an item.

1. Maintenance and cleaning

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for maintenance and cleaning which is part of the continuous protective care of a place, including the fabric and setting of a place. Examples of typical maintenance and cleaning activities/works include:

washing surfaces to remove grime
removing vegetation and litter from gutters and drainage systems
lubricating equipment which has moving parts
applying protective coatings to surfaces which have previously had such coatings: for example, limewash, polish, oils and waxes.

General conditions apply to the use of all Standard Exemptions and must be complied with.

The following specified activities/works to an item do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities/works are undertaken in accordance with each of the relevant standards prescribed below.

Specified activities/works

a. The maintenance of an item to retain its condition or operation.
b. Application of protection coatings such as limewash, polish, oils and waxes to an item.
c. Cleaning to remove surface deposits, organic growths or graffiti from an item.

Relevant standards

d. Specified activities/works must not involve removal of or damage to significant fabric.
e. New materials or new finishes may only be introduced to non-significant fabric where this does not impact the significance of the item, uses a colour sympathetic to the item, does not detract from the item and does not reduce the ability to appreciate the item.
f. Protective coatings may only be applied to surfaces which have previously had these coatings. Existing finishes such as oils and waxes for timber must continue to be used rather than modern alternative protective coatings.
g. Surface patina important to the item’s heritage significance must be preserved during maintenance and cleaning.
h. Cleaning of significant fabric may only use low-pressure water less than 100 psi and neutral detergents.

Guidance

2. Repairs to non-significant fabric

3. Alteration to non-significant fabric

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for alterations to non-significant fabric. It is not for establishing new structures or buildings.

Examples of typical repair activities/works include:

reopening a closed pre-existing fireplace
removing single glazed non-significant window and installing double glazed window
replacing non-significant bathroom finishes/surfaces such as tiles, and fixtures such as vanities, shower cabins and baths
installing built-in units (for example, a bookshelf) to non-significant walls.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. The alteration of an item involving the introduction of new fabric and/or the removal of non-significant fabric.

Relevant standards

b. The specified activities/works must not impact the heritage significance of the item.
c. Significant fabric of the item must not be impacted.
d. Relics must not be impacted.
e. Activities/works must not involve construction of extensions or additions where these may impact the item’s setting, views to or from the item, obscure existing significant fabric, impact relics and/or impact significant landscape layout, landscape elements or vegetation.
f. The positioning and size of walls, windows and doors is not altered.
g. Significant finishes, surfaces (including flooring) and fixtures must not be impacted.
h. Any new fabric must be sympathetic to but can be distinguished from the appearance, composition, detailing, size, position and finish of existing fabric.
i. Non-significant fabric must be identified as non-significant fabric in the listing on the State Heritage Register or the gazetted Interim Heritage Order, or a Conservation Management Plan, Conservation Management Strategy, Heritage Collections Plan, Archaeological Management Plan or Aboriginal Place Management Plan or identified as non-significant fabric in written advice prepared by a suitably qualified and experienced heritage professional before it can be removed.
j. Installation of new fabric must be in accordance with the policies of a Conservation Management Plan, Conservation Management Strategy, Heritage Collections Plan, Archaeological Management Plan or Aboriginal Place Management Plan or in written advice prepared by a suitably qualified and experienced heritage professional before installation.
k. Any new fabric must not impact setting or views to or from the item, obscure existing significant fabric or limit access to existing fabric for future maintenance.
l. Any new penetrations must be:

i. limited in number; and
ii. made through non-significant fabric or mortar joints only.

m. Any excavation must comply with Standard Exemption 8: Excavation relevant standards.
n. Any new fabric must not exacerbate the decay of existing fabric or risk the destruction of existing significant fabric due to chemical incompatibility, vibration, percussion or explosive flammability.

Guidance

4. Alteration to interiors of non-significant buildings

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for alterations to the inside of non-significant buildings.

Non-significant buildings must be:

identified as non-significant in a conservation management document or
constructed since the listing of the item on the State Heritage Register or protected by an interim heritage order.

Examples of typical alteration activities/works include:

refurbishment or renovation of interiors of non-significant buildings
replacement of fabric inside non-significant buildings.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Alteration to the interior of a non-significant building.

Relevant standards

b. The specified activities/works to the non-significant building must not impact the heritage significance of the item.
c. Significant fabric of the item must not be impacted.
d. Relics must not be impacted.
e. Activities/works must not involve construction of extensions or additions where these may impact the item’s setting, views to or from the item, obscure existing significant fabric, impact relics and/or impact landscape values.
f. Non-significant buildings must be either:

i. buildings identified as non-significant in the listing on the State Heritage Register or the gazetted interim heritage order, or a conservation management plan, conservation management strategy, heritage collections plan, archaeological management plan or Aboriginal Place management plan or identified as non-significant building in written advice prepared by a suitably qualified and experienced heritage professional, and/or

ii. buildings constructed since the listing of the item on the State Heritage Register or the publication of an interim heritage order in the Gazette, which applies to the land.

Guidance

5. Repair or replacement of non-significant services (mechanical, electrical and plumbing)

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for the repair or replacement of services that are not of heritage significance.

Examples of typical service repair or replacement activities/works include:

rewiring of electrical fittings
replace light fixtures and fittings with energy efficient alternatives
repair of broken water pipes
repair to mechanical parts of a boiler or engine.

For telecommunications and fire safety see standard exemptions 6 and 7.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Repair or replacement of non-significant services on or in an item, such as cabling, plumbing and wiring (excluding telecommunications and fire safety systems).
b. Activities/works necessary to upgrade or replace existing non-significant lighting fixtures and fittings within buildings/structures and/or affixed to buildings/structures.

Relevant standards

c. The specified activities/works must not involve alteration to, damage to, or the removal of, significant fabric. The specified activities/works must not impact significant views and landscape values.
d. Any excavation must comply with Standard Exemption 8: Excavation relevant standards.
e. Any new hardware must not be attached to the primary or significant façade(s) and must be discreetly located to reduce negative visual impact.
f. Replacement fabric must appear the same, be sympathetic to the item’s fabric and unobtrusive.
g. Activities/works must use existing service routes, cavities or voids or replace existing surface mounted services.
h. Reuse of existing fixing points in significant fabric is permitted.
i. Any new fabric must not obscure significant fabric or limit access to significant fabric for future maintenance.
j. Any new fabric must not exacerbate the decay of existing fabric or risk the destruction of existing significant fabric due to chemical incompatibility, vibration, percussion or explosive flammability.
k. Replacement surface mounted services must be the same or less intrusive than the surface mounted services they replace.
l. Existing service routes and/or conduits may be deleted if the installation can be streamlined into one existing service route, cavity or void.

Guidance

Notes

Energy efficiency includes a wide range of activities to reduce the amount of energy spent in a building for functions such as heating, cooling and lighting while still achieving a sustainably comfortable environment. The Building Code of Australia establishes performance requirements for energy efficiency in buildings. Optimising heritage building performance through energy efficiency measures contributes to the sustainability of the building.

Some energy efficiency activities can damage significant heritage fabric and the significance of the heritage item if not designed and undertaken properly. There are ways to design solutions for heritage buildings to satisfy the performance requirements of the Building Code of Australia (BCA). However, it is important to recognise that the BCA deemed to satisfy provisions may not be appropriate for heritage buildings.

You may be able to do some energy efficiency activities/works at a State Heritage Register listed item or item protected under an interim heritage order without approval, under a standard exemption. For example:

upgrade (including replacement) of non-significant lighting with more energy efficient light fixtures; and
replacement of light globes in significant and non-significant light fittings with more energy efficient globes.

Most other energy efficiency activities to SHR and IHO items require assessment and approval prior to activities/works commencing, due to the risks to significant fabric and the item’s significance.

6. Non-significant telecommunications infrastructure

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for the upgrade or installation of telecommunication infrastructure that is not of heritage significance.

Examples of typical activities/works include:

increasing the size or number of antennae on an approved tower or fixing point
installation of new telephone and/or internet cabling
upgrade of a communications switchboard.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Upgrade or installation of telecommunication infrastructure.
b. Upgrade of existing telecommunication towers.

Relevant standards

c. Activities/works must not involve alteration to, damage to, or the removal of, significant fabric.
d. The specified activities/works must not impact significant views to or from the item and landscape values, including landscape or archaeological features.
e. Any excavation must comply with Standard Exemption 8: Excavation relevant standards.
f. Any new hardware must not be attached to the primary or significant façade(s) and must be discreetly located to reduce negative visual impact.
g. Any new fabric must not obscure significant fabric or limit access to significant fabric for future maintenance.
h. Reuse of existing fixing points in significant fabric is permitted.
i. Existing service routes and/or conduits may be deleted if the installation can be streamlined into one existing service route, cavity or void.
j. There is no increase in height of any existing telecommunication towers or vantage point and no more than a 20% increase in the size of the antenna array on the approved tower or fixing point.
k. Telecommunications infrastructure must be able to be later removed without damage to the significant fabric of the item.

Guidance

7. Fire safety detection and alarm systems

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for upgrading or installing fire safety detection or alarm systems.

Examples of typical activities/works include:

• rewiring of heat or smoke detectors
• upgrade of a fire panel
• upgrade of evacuation lighting
• installing an alarm system to warn people of an emergency.

Upgrading or installing fire suppression systems, such as sprinklers is not permissible under this exemption. For fire suppression systems you will need an approval through Heritage NSW.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Upgrade to, or installation of, a fire safety detection and alarm system. Note: this exemption does not apply to fire suppression systems (for example sprinklers).

Relevant standards

b. Fire safety system elements must not obscure, affix to, penetrate, remove or otherwise damage significant fabric.
c. The specified activities/works must not impact landscape values or obstruct significant views to and from the item.
d. Fire safety system elements must not unnecessarily obscure significant fabric, limit access to significant fabric for future maintenance, exacerbate the decay of significant fabric or risk the destruction of significant fabric due to chemical incompatibility.
e. Reuse of existing fixing points in significant fabric is permitted.
f. Any fire safety system elements must be:

i. not attached to primary façade(s);
ii. grouped with existing services where possible;
iii. consolidated with existing conduits where possible;
iv. discreetly located to reduce negative visual impact while maintaining the need for easy identification and access.

g. Fire safety system elements must be able to be later removed without damage to the significant fabric of the item.

Guidance

8. Excavation

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for minor excavation or disturbance of land without removal of State significant relics.

Examples of typical minor excavation or disturbance activities/works include excavation:

of an existing service trench to inspect, maintain or repair underground services
to access and repair building foundations
as part of insect or vermin eradication.

If substantial intact archaeological relics of State or local significance or any Aboriginal objects are discovered during excavation, you must stop all activities/works notify Heritage NSW.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Excavation or disturbance of land that is:

i. for the purpose of exposing underground utility services infrastructure which occurs within an existing service trench, or
ii. to carry out inspections or emergency maintenance or repair on underground utility services, or
iii. to maintain, repair, or replace underground utility services to buildings, or
iv. to maintain or repair the foundations of an existing building, or
v. to expose survey marks, or
vi. associated with feral animal/insect eradication.

b. Removing contaminated soils.

Relevant standards

c. Activities/works must not disturb or remove any relics.
d. Excavation must not compromise the structural integrity of any heritage structure or significant landscape elements.
e. Activities/works must not affect archaeological evidence, for example the archaeology of foundation trench deposits from the time of original construction.
f. If an environmental assessment is required under (NSW) in relation to (b) of the specified activities/works, the assessment must be undertaken prior to Part 5 of the Environmental Planning and Assessment Act 1979 commencing any work to remove the contaminated soil.

Guidance

9. Painting

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for repainting of already painted fabric or the painting of non-significant fabric.

Examples of typical activities/works include:

removal of peeling, flaking or otherwise failed paint
preparing a surface (for example, by sanding) for painting
painting a surface with a suitable paint.

This exemption does not allow for painting of previously unpainted significant fabric (e.g. face brickwork, stone, concrete or metal) as this is likely to adversely affect the item’s heritage significance.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Paint removal, surface preparation and repainting of the already painted fabric of an item.
b. Painting non-significant fabric.
c. Paint scrapes to inform decisions about repainting or to find evidence of original or earlier colour schemes.

Relevant standards

d. Activities/works must not involve the disturbance or removal of earlier paint layers other than those which have failed by chalking, flaking, peeling or blistering.
e. When painting already painted significant fabric, activities/works must involve application of an isolating layer, to protect significant earlier layers and provide a stable basis for repainting.
f. Painting significant fabric must use the same colour scheme and paint type as an earlier or existing scheme.
g. For removal of earlier failed paint layers, the paint removal method/s used must be verified by a suitably qualified and experienced professional to not affect significant fabric. Paint removal must be immediately followed by recoating using the same colour scheme to protect the exposed surface.
h. New paint must be appropriate to the substrate.
i. Painting must not endanger the survival of earlier paint layers.
j. Painting of non-significant fabric must:

i. use a colour sympathetic to the item
ii. not detract from the item
iii. not reduce the ability to appreciate the item.

k. Paint scrapes must be inconspicuous and made by a professional experienced in the technique.

Guidance

Notes

Preference should be given to the re-establishment of historically significant paint schemes of the item that are appropriate to the item’s significance.
When removing failed paint layers to achieve a stable base for repainting, minimise the intervention as much as possible to avoid losing the significant historical record. If old paint layers are sound, they should be left undisturbed.
Do not strip paint coatings which were intended to be protective as it may expose the substrate to damage and cause the loss of the historical record and significance of the item.
The removal of paint with a high content of lead or other hazardous coatings, requires considerable care and use of experienced tradespeople as its disturbance can create health hazards.

10. Restoration of fabric that forms part of the significance of the item (significant fabric)

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for restoration of an item by returning significant fabric to a known earlier location or revealing a known earlier significant configuration.

Examples of typical restoration activities/works include:

reassembling and returning significant fabric, such as a garden fountain to its original location
reopening a closed pre-existing doorway that forms part of the item’s earlier significant configuration.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Returning significant fabric, which has been removed or dislodged, to a known earlier location.
b. Revealing a known earlier significant configuration, including reassembling existing elements or removing non-significant accretions and/or obstructions.

Relevant standards

c. The specified activities/works must not involve damage to, or the removal of significant fabric.
d. The specified activities/works must not introduce new material other than fixings and fastenings.
e. Any new fixings and fastenings must use existing penetrations where possible.
f. Any new penetrations must be:

i. limited in number; and
ii. made through non-significant fabric or mortar joints only.

g. Activities/works to reveal a known earlier configuration must be guided by historical evidence for the earlier configuration of that item.
h. Significant fabric must be identified as significant fabric in the listing on the State Heritage Register or the gazetted Interim Heritage Order, or a Conservation Management Plan, Conservation Management Strategy, Heritage Collections Plan, Archaeological Management Plan or Aboriginal Place Management Plan or identified as significant fabric in written advice prepared by a suitably qualified and experienced heritage professional.
i. Revealing a known earlier configuration must be in accordance with the policies of a Conservation Management Plan, Conservation Management Strategy, Heritage Collections Plan, Archaeological Management Plan or Aboriginal Place Management Plan or identified as significant fabric in written advice prepared by a suitably qualified and experienced heritage professional.
j. Non-significant accretions and/or obstructions must be identified as non-significant fabric in the listing on the State Heritage Register or the gazetted Interim Heritage Order, or a Conservation Management Plan, Conservation Management Strategy, Heritage Collections Plan, Archaeological Management Plan or Aboriginal Place Management Plan or identified as significant fabric in written advice prepared by a suitably qualified and experienced heritage professional, before it can be removed.
k. Activities/works must be carried out by a suitably qualified person with heritage experience.

Guidance

11. Subdivision of non-significant buildings

12. Temporary structures

13. Vegetation

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for vegetation and landscape maintenance-based tasks.

Examples of typical activities/works include:

weeding
mowing and pruning
planting including seasonal rotation of species
mulching.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Weeding (including poisoning of weeds), watering, mowing, manual clearing of paths and drains, top-dressing, pest control and fertilising.
b. New planting of species sympathetic to the item.
c. Pruning to control size, improve shape, condition, flowering or fruiting.
d. Removal of non-significant diseased, dying, dead and/or dangerous trees and/or plant material.
e. Tree surgery.

Relevant standards

f. Activities/works must not alter the significant layout, contours, plant species or other significant landscape features or views.
g. Pruning of significant vegetation must not exceed 30% of the tree canopy within a period of two years.
h. Tree surgery may only be performed by a qualified arborist, horticulturist or tree surgeon and must be necessary for the health of those plants.
i. Selective herbicide should be used when poisoning weeds. Herbicide should be applied using:

i. spot application around significant elements of the heritage item (for example, ornamental or symbolic plants, remnant native vegetation, structures, exposed relics and moveable items) to avoid adverse impacts to these; and
ii. spraying in non-significant areas of the curtilage.

j. Removal of diseased, dead, dying or dangerous trees and/or plant material must not disturb archaeological relics (for example through stump grinding or removal of tree boles, in such situations stumps and tree boles should be left in place).

Guidance

14. Burial sites and cemeteries

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for burial sites, cemeteries and their elements including headstones, footstones, burial markers or monuments, grave kerbing, grave railings, grave furniture, enclosures and plantings.

Examples of typical activities/works include:

excavation of a new grave
interment of ashes
erection of a monument or grave marker
maintenance of graves.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Creation of a new grave or interment of ashes or continued use of existing family vaults.
b. Erection of monuments or grave markers (excluding above-ground chambers, columbaria or vaults).
c. Traditional maintenance activities/works in accordance with Standard Exemptions for maintenance, repairs and cleaning including:

i. re-blacking, re-leading or re-gilding of existing inscriptions; or
ii. re-application of traditional coatings such as limewash where these were previously applied.

d. Addition of memorial inscriptions or attachment of memorial plaques to existing monuments or grave furniture (includes grave markers, grave kerbing or grave surrounds).
e. Excavation or disturbance of land for carrying out conservation or repair of monuments or grave markers.

Relevant standards

f. Existing significant fabric must not be disturbed or removed as part of creation of a new grave or interment or use of existing family vault.
g. New monuments or grave markers must be in keeping with and not conflict with the existing character of the place, including materials, size, colour and form; however, new monuments and grave markers should be distinguishable on close inspection from the existing monuments and markers.
h. Additional inscriptions or plaques must be in keeping with the existing size, materials, form, colour and lettering of the original monument.
i. Additional inscriptions or plaques must not overshadow or obscure the original monument.
j. Relettering of existing inscriptions must only be carried out to maintain appearance and legibility.
k. Relettering must only be carried out using traditional methods and materials which are the same as the existing lettering on the monument or grave marker.
l. Relettering of monuments must not involve re-cutting of existing inscriptions.
m. Conservation, repair or relettering of monuments or grave markers must be directed, supervised and carried out by a suitably qualified and experienced heritage professional.
n. There must be no disturbance to human remains, relics in the form of grave goods, associated landscape features or Aboriginal cultural heritage values.

Guidance

15. Signs

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for installation of certain types of temporary signage and signage for assisting navigation of heritage items and interpretation of their significance.

Examples of typical activities/works include:

erecting a temporary real estate sign
placing a temporary sign in the window of a business
replacing deteriorated or tired interpretation signage
installing new waymarking signs.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. The installation of temporary signs located behind or on the glass surface of a commercial tenancy window.
b. The installation of temporary real estate signs notifying of an auction, sale or letting.
c. Removal, repairs or replacement of modern non-significant site interpretation and/or waymarking signs.
d. The installation of new non-illuminated site interpretation and/or waymarking signs.
e. Relocation of non-illuminated site interpretation and/or waymarking signs.

Relevant standards

f. Temporary signs must not be affixed to significant fabric of the item, internally illuminated or flashing.
g. Temporary commercial tenancy window signs must be removed within 60 calendar days of erection and temporary real estate signs must be removed within 14 calendar days after the auction, sale or letting.
h. Temporary signs must not conceal or involve the removal of or damage to significant pre-existing signs.
i. Replacement interpretation and/or waymarking signs must not exceed the size of the original sign area and must be in the same location.
j. Installation of new interpretation and/or waymarking signs or relocation or interpretive and/or waymarking signs must:

i. not obscure, affix to, penetrate or otherwise damage heritage fabric, including landscape or archaeological features, or obstruct significant views to and from the heritage item. Reuse of existing fixing points is permitted,
ii. not be in the form of a mural or artwork,
iii. be for the sole purpose of providing information to assist in the interpretation of the item’s heritage significance or to navigate the item,
iv. be able to be later removed without causing damage to the significant fabric of the item,
v. not be of a modular or cantilever structure, or over 2 square metres in size,
vi. not be commercial in any way unless in the form of a freestanding flag or banner associated with a building used for a purpose which requires such promotion, for example a theatre, gallery or museum.

k. Any excavation must comply with Standard Exemption 8: Excavation relevant standards.

Guidance

16. Filming

17. Temporary relocation of moveable heritage items

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for temporary relocation of moveable heritage items or objects.

Examples of typical activities/works include relocation of a/an:

archive during cleaning of the archive’s storage facility
object to a conservator’s premises for the purpose of approved conservation works or repairs exempt from approval under another exemption
collection from storage to a display or vice versa
railway rolling stock for a demonstration or field day.

Permanent relocation of a movable heritage item requires approval under section 60 of the Heritage Act 1977.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. The temporary relocation of moveable heritage items, including contents, fixtures and objects.

Relevant standards

b. The item must be identified as a moveable heritage item on the State Heritage Register or gazetted Interim Heritage Order.
c. Relocation must only be for the purpose of ensuring the moveable heritage items’ security, maintenance or preservation, conservation or exhibition of moveable heritage items.
d. The moveable heritage items must be returned to their location within 180 calendar days of their relocation (inclusive of packing, moving and transit time).
e. Maintenance, preservation or conservation activities/works are not permitted under this exemption. These activities may be covered under other exemptions or may require approval.
f. The moveable heritage items must be safely stored and adequately protected from damage during any temporary relocation.
g. An inventory (including photos) and information about the items and their permanent location must be retained with the moveable heritage items in their temporary space.

Guidance

18. Compliance with minimum standards and orders

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for work required to meet the minimum standards of maintenance and repair or as part of an order issued for a heritage item.

The Minimum Standards of Maintenance and Repair are contained in Part 3 of the Heritage Regulation 2012. They apply to all items listed on the State Heritage Register (SHR) or subject to an interim heritage order (IHO). Owners of SHR and IHO are required to ensure their heritage item meets the minimum standards of maintenance and repair.

Orders may be issued to remedy an action or failure to maintain and repair.

Examples of typical activities/works relate to:

weather protection
fire prevention and protection
security and
essential maintenance and repair to prevent serious or irreparable damage.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Specified actions required for the purposes of compliance with minimum standards set out in:

i. Part 3 of the Heritage Regulation 2012, or
ii. an Order under section 120 of the Heritage Act 1977, or
iii. an Order under Schedule 5 Part 1 or Part 2 of the Environmental Planning and Assessment Act 1979 which is consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clause 3 (Orders affecting heritage items) of that Act.

Relevant standards

b. Activities/works required by an order under the Environmental Planning and Assessment Act 1979 must be consistent with a submission by the Heritage Council under Schedule 5 Part 4 Clauses 3 of that Act.

Guidance

19. Safety and security

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for the temporary or emergency securing of a heritage item for the safety of users or the public. It does not allow for the permanent installation or upgrading of site or building safety and/or security measures.

This exemption may be used where there has been unexpected damage caused by an unexpected event, rather than safety risks that arise from ongoing neglect of maintenance.

Examples of typical activities/works include:

erection of temporary security fencing around a sink hole to prevent access
placement of a temporary security camera to monitor a vulnerable heritage item
activities to prevent elements of an item that have fallen from causing an accident
installation of suitable material to halt erosion to an archaeological site cause by extreme weather.

Any stabilisation activities/works under this exemption must be done with minimal intervention to significant fabric.

Emergency maintenance and repairs (such as required following a storm) may be exempt under other standard exemptions. Activities/works which may damage significant fabric require approval under section 60 of the Heritage Act 1977.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. The erection of temporary security fencing, scaffolding, hoardings or surveillance systems to prevent unauthorised access, or to secure public safety.
b. Emergency stabilisation works necessary to secure safety where a structure or landscape feature (such as a tree) has been irreparably damaged or destabilised and poses a safety risk to its users or the public.
c. Installing and operating temporary equipment and/or material to prevent water ingress from a weather event.

Relevant standards

d. Installation and operation of any temporary equipment specified in a) and b) above must not impact on significant fabric (including landscape or archaeological features) and the item’s overall heritage significance.
e. Any temporary security fencing, scaffolding, hoardings or surveillance systems must not be erected for more than 180 calendar days (inclusive of setup and pack down).
f. No further temporary fencing, scaffolding, hoardings or surveillance may be erected again on the site, under this exemption within a period of 365 calendar days.
g. Activities/work must not permanently change or alter the structure such as the configuration of the floor space, or any architectural or landscape features.
h. Any new penetrations must be:

i. limited in number and
ii. made through non-significant fabric or mortar joints only.

i. Activities/work must not result in an increase in the floor space of any building or structure.
j. Installation and operation of any temporary equipment or material specified in (c) must be to minimise damage to significant fabric.

Guidance

20. Emergency situations and lifesaving

These standard exemptions were made under the Heritage Act 1977 and published in the NSW Government Gazette and must be complied with.

This exemption is for activities/works required immediately in an emergency.

Emergencies may be natural or man-made. They are serious, unexpected and often dangerous situations requiring immediate action. The nature of the emergency will vary the type of risk to life, the environment and nature of on-site damage to a heritage item/place.

Incidents likely to cause serious damage and require actions necessary to save or protect life could include:

an uncontrolled escape, spillage or leakage,
an uncontrolled implosion, explosion or fire,
exposed live electrical parts,
collision or fall of something,
collapse or partial collapse of a structure or plant (for example a crane or shoring supporting an excavation).

This exemption permits people on site and emergency personnel to do what is necessary to save or protect human life and/or secure the safety of a ship, the environment or a heritage item endangered by an incident such as those listed above.

General conditions apply to the use of all standard exemptions and must be complied with.

Specified activities/works

a. Any activities/works that would be in contravention of subsection 57(1) of the Heritage Act 1977 that is solely for the purpose of:

i. saving or protecting human life under imminent threat in an emergency.
ii. securing the safety of a ship endangered by stress of weather or navigational hazards.
iii. dealing with an emergency involving serious threat to the environment.
iv. preventing imminent serious damage to property or any heritage item in an emergency.

Relevant standards

b. The activities/works must have been immediately necessary for the identified purposes.
c. The activities/works were reasonable and justifiable in the circumstances.
d. The activities/works were proportionate to the damage the item has suffered and to the risk of further damage. The effects of the activities/works must be adequately mitigated or remedied.

Guidance

21. Change of use

Glossary of terms

Aboriginal Cultural Heritage (ACH)	Aboriginal cultural heritage consists of places, traditions, beliefs, customs, values and objects that represent the living history of past Aboriginal generations and are of important cultural and heritage significance to Aboriginal people. Aboriginal cultural knowledge provides crucial links between the past and present and represents an essential part of the identities of Aboriginal people and all Australians.
Aboriginal object	Any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal Place	Any place declared to be an Aboriginal Place under section 84 of the National Parks and Wildlife Act 1974. These are places that, in the opinion of the Minister, are or were of special significance to Aboriginal culture. The guidelines Declared Aboriginal Places set out the process for assessing and declaring Aboriginal Places.
Aboriginal Place Management Plan	An Aboriginal Place Management Plan is a document that identifies the significance and cultural values of an Aboriginal Place and explains how the place should be managed to maintain, conserve and protect those values. The guidelines Declared Aboriginal Places require guidance on assessment and management planning to be provided. If an Aboriginal Place is already subject to an appropriate formal management arrangement, such as a plan of management prepared under the Local Government Act 1993, there is usually no need to develop a separate management plan. However, these existing plans should be updated when the Aboriginal Place is gazetted, or within 12 months of gazettal, to account for all relevant information and community input, and to ensure best practice is being undertaken consistent with these guidelines.
Accretion	The process of growth or increase, typically by the gradual accumulation of additional layers or matter.
Archaeological Management Plan (AMP)	A document that identifies the potential for archaeological heritage in a specific location and provides management strategies and recommendations on how to manage that archaeology. In an AMP, identified sites are divided into different areas or zones, which are explained in text and displayed in map format. See also archaeological zoning plan.
Archaeological potential	The ability of an area to yield relics and/or other evidence, based on historic development, landform, history etc. as well as the degree of physical evidence present on an archaeological site. Put simply, it is the likelihood that archaeological remains survive within a site. This is usually assessed based on physical evaluation of soil condition and integrity as well as historical/background research. Common terms for describing archaeological potential are: Known archaeological features/sites (high archaeological potential) Potential archaeological features/sites (medium archaeological potential) No archaeological features/sites (low archaeological potential).
Archaeological Zoning Plan (AZP)	A graphic plan of a place indicating the relative archaeological potential of areas or zones within the place. An AZP is prepared by undertaking broad-scale, archaeological assessment over a large area. The plan may be incorporated into the provisions of an environmental planning instrument. See also archaeological management plan.
Burial sites	Burial Sites includes the following places: Crown land, or part of Crown land, that is dedicated or reserved under the Crown Land Management Act 2016 for use for the purposes of a public cemetery or crematorium (or both), a private cemetery or other place approved for that purpose by a local government authority, land reserved (otherwise than as a historic site) under the National Parks and Wildlife Act 1974 or acquired under Part 11 of that Act, where the location has been approved for that purpose by: a person or body (including a local council, trust board or board of management within the meaning of that Act) in which the care, control and management of the land is vested, or if no such person or body has been vested with the care, control and management of the land—the Director-General of the Department of Premier and Cabinet.
Cemeteries	A building or place used primarily for the interment and memorialisation of human remains (whether or not it contains an associated building for conducting memorial services) but does not include the following: an Aboriginal Place, or land reserved as a historic site, within the meaning of the National Parks and Wildlife Act 1974, a place at which cremated remains are scattered but which is not otherwise used for the disposal of human remains, a place on private land, where the area of the landholding is 5 hectares or more and the location has been approved by a local government authority for the purposes of placing a body in a grave or vault, any other place, or place of a class, prescribed by the regulations.
Chemical incompatibility	Incompatible chemicals give an undesired chemical reaction when mixed. This usually refers to substances that will react to cause an imminent threat to health and safety through an explosion, fire, and/or formation of toxic materials but can also include substances that will react to cause degradation to heritage fabric. For example: it is not suitable to use metals that are likely to rust in or around marine environments. Painting masonry heritage buildings with modern plastic paint can prevent the stone from breathing and cause damp and degradation issues.
Compliance and audit	It is an offence to do any of the things listed in section 57(1) of the Heritage Act 1977 without a valid exemption or approval. Authorised persons under the Heritage Act 1977 will carry out audits and inspections for compliance. A person guilty of an offence against the Heritage Act 1977 shall be liable to a penalty or imprisonment, or both under section 157 of the Heritage Act 1977.
Conservation Management Plan (CMP)	A document establishing the significance of a heritage item, place or conservation area and identifies policies and management mechanisms that are appropriate to retain that significance. It can include information about the item/place/area’s condition and guidelines for maintenance or changes to the heritage item, place or area. Archaeological Management Plans, Aboriginal Place Management Plans and Heritage Collections Plans are types of conservation management planning documents for specific types of heritage. Conservation management documents of any kind are prepared by suitably qualified heritage professionals with relevant experience. Heritage NSW and the Heritage Council of NSW strongly encourage all owners of items/places listed on the NSW State Heritage Register to have a conservation management document or plan.
Crown Land	Land that is owned and managed by the NSW Government. The NSW Government department responsible for Crown Land supports a wide range of uses for such land. To ensure Crown Land is used correctly, the department issues licences, leases and permits.
Curtilage	The area of land (including land covered by water) surrounding a heritage item that contributes to its heritage significance and is essential for retaining and interpreting its heritage significance (Principal Local Environment Plan 2006 and Heritage Curtilages 1996). It can apply to: land, which includes built or natural features a precinct, which includes buildings, works, relics, planting, landscaping or items and their settings (see Heritage Curtilages 1996, p 3). Curtilage types include: lot boundary curtilage, which reaches to the edge of the property lot reduced heritage curtilage, which is less than the lot boundary expanded heritage curtilage, which exceeds the lot boundary and protects the setting or visual catchment composite heritage curtilage, which applies to heritage conservation areas and defines the boundaries of land required to identify and maintain the heritage significance of a historic precinct, village or district non-terrestrial curtilage, such as a water’s edge, which are decided case by case with expert advice.
Damage from erosion and/or compression	Erosion and compression can cause damage to heritage significant gardens, landscapes, archaeologically sensitive areas and Aboriginal heritage sites. Erosion is the process of eroding or being eroded (gradual wearing away) by wind, water, or other natural agents. For example, dune landscapes are commonly eroded by wind and water in storm surges, revealing Aboriginal middens and human remains. Increased infrastructure around these landscapes can exacerbate natural erosion by changing wind patterns and increasing water runoff. Compression – the action of flattening, compacting or squashing (compressing) by pressure. For example, placement of shipping containers, demountable buildings or carparking on soft soil containing relics. The weight of these structures or vehicles compresses the soil and can damage the relics and their archaeological context. This compression damage reduces or prevents relics and their context (the archaeology) from being understood or interpreted in the future.
Development Control Plan (DCP)	A plan prepared by a local council to provide more detailed development controls and guidelines to accompany a Local Environmental Plan (LEP). DCPs are often used for heritage conservation areas.
Elements	Elements are parts or characteristics of something. For heritage items/places, elements can contribute to the significance of the heritage item/place, including (but not limited to) architectural features, outbuildings, gardens, plantings, fencing, drives, landscaping, fields and natural features.
Environmental Planning and Assessment Act 1979	The Environmental Planning and Assessment Act 1979 is the statutory framework within which State Government and local government guide and control land use and development. It is the act responsible for environmental planning instruments through which local heritage is identified and managed.
Environmental Planning Instrument	Environmental Planning Instrument is another term for planning controls made by a council or the NSW Government under the Environmental Planning and Assessment Act 1979. These can include Local Environmental Plans (LEPs), Regional Environmental Plans (REPs), Development Control Plans (DCPs) and State Environmental Planning Policies (SEPPs). Planning instruments and their controls provide a framework for development and conservation of land. They explain the standards and restrictions for new development and alterations. Planning instruments and controls may apply to a location (suburb, street or single lot), particular types of development (dwellings, businesses) or a component of the development (providing carparking, control of stormwater).
Excavation	The action of excavating (or digging up or digging into) something. Excavation can affect archaeological and non-archaeological heritage items. Excavation is used to investigate archaeological sites and relics. Excavation is also required for repairing, planting and installing a range of things for example services, signage and vegetation.
Excavation Permit	A permit issued by the Heritage Council of NSW (or its delegate) under section 60 or section 140 of the Heritage Act 1977 (the Act) to undertake activities/works which are likely to or will disturb or excavate a relic. See section 139 of the Act for all the circumstances in which an excavation permit is required.
Explosive flammability	Some materials are highly flammable when exposed to high heat or flame. The flammability of a material is defined according to the flammability index and/or flammable limits. These define the concentration range in which a flammable substance can produce a fire or explosion when an ignition source (such as a spark or open flame) is present. Any concentration between the upper and lower limits in a material or space can ignite or explode. Materials igniting or exploding represent risk to significant heritage fabric. For example: some recycled plastic boardwalk, park bench and other park equipment can explode when exposed to high heat and/or flames during bushfires. An explosion of this material can send liquid plastic onto nearby surfaces, for example, Aboriginal rock art, permanently damaging this cultural heritage.
Fabric	Fabric means all the material of the place/item including its surroundings, physical elements, components, fixtures, contents and objects. Significant fabric is all the fabric which contributes to a place/item’s heritage significance. Significant fabric is not always old; more recent or contemporary fabric may be significant.
Finish	The surface appearance of a manufactured material or object, or the material used to produce this. In the heritage context, existing finishes must continue to be used rather than modern alternative protective coatings.
Fire safety systems and fire safety system elements	Fire safety system means one or any combination of methods used in a building/structure to; warn people of an emergency; provide for safe evacuation; restrict the spread of fire; and/or extinguish a fire. Fire safety systems can be active and passive. Fire safety methods can be grouped into types of systems – detection systems, alarm and evacuation systems, suppression systems. Fire safety systems are made up of elements. For example, a hydraulic fire suppression system could include fire hydrants, hoses, sprinklers, water pumps and heat or smoke detectors.
Fitting and fixture	There is a range of definitions for fittings and fixtures depending on the context. For heritage purposes it is generally considered that ‘fixtures’ are items that are secured or bolted to the walls or floor and ‘fittings’ are free standing items. A fixture is intended to be reasonable permanent and is affixed through the application of plaster, cement, bolts, screws, nuts or nails. A fitting (or furnishing) is any item that is free standing of hung by screw, nails or hooks.
Grave markers	A grave marker is any object used to mark a grave site, such as plaques, signs, rocks, timber crosses and monuments. New grave markers in heritage contexts should be in keeping with (sympathetic to) and not conflict with, detract from or stand out from the existing character of historic grave markers. In being sympathetic to existing grave markers, new grave markers should not replicate historic grave markers. While grave markers should not stand out from existing markers, they should be distinguishable on close inspection. Present-day interpretation of existing markers in new markers, through sensitive design is preferable.
Guidelines	Relevant and useful guidelines are listed in the information on the Heritage NSW website for exemption and approval pathways for activities/works to heritage items.
Hazardous materials (lead paint, asbestos)	The removal of paint with a high content of lead or other hazardous coatings and/or materials, for example asbestos, requires considerable care and use of experienced tradespeople as its disturbance can create health hazards. If those materials are or form part of significant fabric and the removal of such materials will negatively affect the heritage significance of the item, approval from Heritage NSW is required prior to activities/works commencing. Alternatives to decontamination via removal or neutralising of hazardous materials includes encapsulation. Encapsulation or sealing involves coating the material with a protective coating that is either a bridging (surface) or a penetrative covering. It prevents loose fibres and flakes becoming airborne. Activities/works to encapsulate hazardous materials may be eligible for approval under the fast track approval pathway.
Heritage Act 1977	The statutory framework for the identification and conservation of heritage in New South Wales.
Heritage Collections Plan	A Heritage Collections Plan or collection management policy is a type of Conservation Management Plan that documents the origin, significance, components, conservation and management requirements of a heritage collection. Heritage collections can include movable heritage items, artwork, books, furniture, specimens, photographs, etc. Museums, galleries, libraries and other repositories of heritage objects are recommended to have heritage collections plans.
Heritage Council of NSW	The Heritage Council of NSW (Heritage Council) is an independent body established under the NSW Heritage Act 1977. It includes members of the community, the public sector, and the heritage conservation profession. The Heritage Council’s role is to make decisions about the care and protection of heritage places and items that have been identified as being of State significance. The Heritage Council advises the Minister responsible for administering the Heritage Act 1977 on heritage matters in New South Wales and makes recommendations to the Minister for the listing of places and objects on the State Heritage Register.
Heritage Regulation 2012	The Heritage Regulation 2012 prescribes: fees for applications for approval, excavation permit applications, application for evidentiary certificates and review of conservation management plans forms for certificate of authority minimum standards of maintenance and repair for items listed on the State Heritage Register inspections time period for review of recommendation for listing classes of items to be included in heritage and conservation registers.
Interim heritage order (IHO)	Under the Heritage Act 1977 the Minister administering the Act or a delegated Local Council may place an interim heritage order (IHO) over a heritage item which may, on further inquiry or investigation, be found to be of State or local heritage significance. An IHO may remain in force for up to 12 months.
Interpretation	The ways of presenting the heritage significance of a place/item to the users and the community. The need to interpret heritage significance may drive the design of new elements and the layout or planning of the place/item. Interpretation may be a combination of the treatment and fabric of the item; the use of the item; the use of interpretive media, such as events, activities, signs and publications, or activities, but is not limited to these.
Landscape	Landscapes, including gardens, and their features can be of heritage significance. They are often key to the setting of a heritage item/s, its curtilage and important to the appreciation of a heritage item’s significance. Landscape setting is dynamic and evolving and often requires more regular maintenance than other more-static elements of heritage fabric. Horticultural advice may be required to ensure routine maintenance appropriate to conserving the item’s heritage significance.
Landscape features	A heritage item’s landscape features might include its layout, components (for example topographic features and vegetation) and their form, materials and detailing. For a designed landscape, features could include layout and built elements (such as paths, drives, garden beds, pergolas, gates, fences, sheds, sculptures or artworks) and planted elements, such as trees, shrubs, climbers, ground covers or grass. Original layout, form, materials and detailing of built elements or of plantings are likely to be the most significant, which is not to say later layers are not significant too.
Landscape maintenance	The continuous protective care of a place, and its setting. For landscapes, maintenance includes caring for the setting and landscape features (built, planted or naturally occurring) of a heritage item. Vegetation and views commonly need active maintenance. Maintenance is to be distinguished from repair which involves restoration or reconstruction. Both landscape restoration and reconstruction may be recommended in Conservation Management Plan policies. Neither is ‘maintenance’ (ICOMOS Burra Charter 2013).
Landscape setting	The immediate and extended environment of a place that is part of or contributes to its cultural significance and distinctive character (ICOMOS Burra Charter 2013).
Landscape views	Views are often significant, contributory elements to heritage items and their setting. They can be highly functional, for example, allowing surveillance and warning of approaching dangers. Views can be designed, for example, deliberate views from or to particular features or objects, approach views along drives. Views of significance can be from, to and within a heritage item/place. Views need active maintenance. Significant views or vistas in a garden or other landscape can eventually be screened by natural growth of old trees and shrubs, or inappropriately placed or chosen new vegetation or built elements. Sometimes vegetation or new built elements need removal, pruning or relocation to maintain (e.g. reinstate) significant views. To maintain or reinstate significant views and landscape character: modify old plantings by pruning as necessary but not beyond 20 per cent of their individual canopy crowns, remove and replace non-significant intrusive plantings and built elements with more appropriate plantings reinstate documented historic plantings or other features.
Library	The NSW Heritage online library holds a wide range of specialist heritage books and materials accessible to the public. Many are digitised. These include heritage studies of areas, conservation management plans for places and much more.
Making good/patching/ like-for-like	‘Making good’ or ‘to make good’ refers to the process of repairing or bringing something up to a finished standard or restoring its previous condition. Patching can be part of making good. Patching is used to fill in holes, missing pieces or other openings and gaps that have occurred either deliberately or due to decay. When making good or patching, any new materials should match (like-for-like) the former fabric as nearly as possible in appearance, material, colour, finish, form, size, method of affixing, grain, bedding, durability, porosity and chemical composition or be based on historical evidence of the significant fabric of that item.
Minor/minor development/minor impact	‘Minor impact’ or ‘minor adverse impacts’ are terms used to describe a level of possible impact that changes to a heritage item could have on the item’s significance. It does not necessarily correspond to the degree of physical change to a heritage item. Minor adverse impacts to State heritage significance are minor enough that they are outweighed by other benefits of the activities/works in the application, for example sympathetic alterations to an original non-compliant balustrade to enable continued public use. Note: the use of the term ‘minor impact’ in relation to exempt development under the Environmental Planning and Assessment Act 1977 does not apply in heritage contexts. ‘Minor development’ commonly describe activities/works that are small in the context of a property and its neighbours, involve small changes and/or have a low cost. However, in the heritage context, development is only considered minor if it will only result in minor adverse impacts or little to no impact. The definition of minor applied in the Environmental Planning and Assessment Act 1977 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 does not necessarily apply to heritage. What is considered minor development in planning terms can have a major impact on heritage significance.
Moveable heritage	Heritage items or objects which are not fixed to a site or place (for example, furniture, locomotives and archives). It can include natural or manufactured objects or collections of heritage significance.
Percussion	The striking of one solid object with or against another with some degree of force. Percussion against a heritage item or fabric causes damage and deterioration of the fabric. For example – repetitive hitting of branches against significant sandstone walls or high traffic pedestrian activity (particularly with high heels) on significant surfaces such as timber floors or cobblestones areas can permanently damage these surfaces.
Proponent	The person or organisation who proposes building or development activities/works at a site or to a heritage item. The proponent is usually the landholder/owner or manager of the site or item.
Relic	A relic is any deposit, 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 State or local heritage significance.
Repair	Repair can involve restoration or reconstruction. Restoration – returning the fabric of a place to a known earlier state by removing accretions or by reassembling existing components, without introducing new material. For example, fixing loose roof gutters on a building.
Reconstruction	Like restoration, it involves returning the fabric of a place to a known earlier state and includes the introduction of new material. For example, replacing decayed/destroyed roof gutters on a building with new roof gutters.
Replacement	The action or process of replacing fabric. In the heritage context, fabric that is deteriorated beyond repair is replaced when necessary to support the item’s continuing conservation.
Restoration	Returning the fabric of a place to a known earlier state by removing accretions or by reassembling existing components, without introducing new material. For example, fixing loose roof gutters on a building.
Reversible/reversibility	Reversibility or the requirement to be reversible refers to the ability of any new fabric installation or item adaptation to be removed in the future without damage to the heritage item’s significance, and, without damage to significant fabric.
Significance/heritage significance	‘Heritage significance’ or ‘significance’ and ‘significant fabric’ are terms used in the assessment and understanding of heritage items.
Significant fabric	Significant fabric is all the material of the place/item including its surroundings, physical elements, components, fixtures, contents and objects which contributes to an item’s heritage significance. Significant fabric is not always old; more recent or contemporary fabric may be significant.
State Heritage Register	The State Heritage Register (SHR) is a list of places and items of importance to the people of New South Wales. The SHR was created in April 1999 by the Heritage Amendment Act 1998. Only places of state heritage significance are listed on the SHR. The SHR protects these items and their significance.
Statement of Heritage Impact, Heritage Impact Statement/Heritage Impact Assessment	An assessment of the impact of proposed activities/works on a heritage item place that outlines why it is significant, what impact proposed activities/works will have on that significance, what alternatives have been considered, what measures are proposed to mitigate or avoid negative impacts and why other more sympathetic solutions are not viable.
Statement of significance	A concise statement of the values of a heritage item/place summarising why it is of importance. The statement will form the basis for policies and management structures that will affect the item’s future.
Stop work	If you find relics/unexpected finds or your activities/works is having an unexpected effect/change/impact on significant fabric you should stop the activities/works and seek advice from a suitably qualified and experienced professional and/or Heritage NSW.
Subdivision	The legal mechanism for changing the boundaries, sizes and ownership of parcels of land. A subdivision boundary differs to a heritage curtilage in that it is a legally surveyed parcel of land, of itself not dependent on the heritage curtilages of SHR listed places.
Substrate	Substrate is an underlying substance or layer. It is any material to which a paint, coating (for example metal plating) or other covering is applied. For example: Brick, timber or earlier paint layers can be substrates for new paint work. Stainless steel or silver plating applied to a copper substrate.
Surface deposits	Soiling on masonry such as organic growths, light or heavy industrial grime, deteriorated paintwork, graffiti, rust and copper stains, tar, pitch and chewing gum, efflorescence and weathered stone.
Surface patina	The processes or evidence of surface use and aging. For example: colour and/or lustre changes and wear on the surface of bronze, copper and other metals produced by oxidation and touch over a long time discolouration and/or wear on stone surfaces from organic growths (e.g. algae and lichen) and touch or rubbing over a long time discolouration, fading and wear on a quilt from everyday use.
Sympathetic	Activities/works/new fabric that is compatible with the setting, character and context of a heritage place/item.
Tree surgery	The pruning and/or treating of old or damaged trees in order to preserve them. Specific types of pruning may be necessary to maintain vegetation in healthy, safe and attractive condition: Cleaning – removal of dead, dying, diseased, weekly attached and low- vigour parts Thinning – selective branch or vegetation removal to improve structure and increase light penetration and air movement through the crown or access to soil nutrients. Raising – removal of the lower branches from a tree or shrub to provide clearance for buildings, vehicles, pedestrians and allow clear sightlines or views. Reduction – reduces the size of a tree. Pruning should not entirely remove the vegetation or involve decrease of the vegetation beyond 20% of their individual canopy crowns. Horticulturalist, arborists and tree surgeons can provide guidance. Treatment can include activities/works to prevent further decay such as filling of cavities and/or strengthening branches with braces.
Utility services, utilities, services	A supply of gas, electricity, water or telecommunications to a structure. Utilities/services can include electricity cables; telecommunications cables; gas pipes and mains; water, stormwater and sewerage pipes and mains. These can be above ground or underground.
Vibration	A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium when that equilibrium has been disturbed. Vibration can cause damage to heritage items, places and fabric. For example: Rock concerts with loud amps, compactors or pumps being used near heritage fabric can have negative effects such as destabilising or destroying fragile mortars, glass panes etc. Highway and bridge upgrades with approaches near heritage items can also cause similar damage through vibration destabilising the heritage fabric. Demolition and construction using jack hammers can impact Aboriginal rock art platforms. Where there is a risk of activities/works or new equipment vibrating near a heritage item, a vibration study and monitoring must be undertaken. Such a study should identify the level of risk and appropriate mitigation strategies or alternative options to conserve the heritage item’s current pre-work condition.
Work/s	The Heritage Act 1977 Part 4, Section 5 provides an explanation of references to the term ‘work’ in the NSW heritage context. When the term work is used in exemptions and fast track schedules, it refers to carrying out ‘work’ or physical actions and includes the activity, materials and method.

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Heritage NSW

Phone: 02 9873 8500

Email: heritagemailbox@environment.nsw.gov.au

Standard exemptions

Check the heritage listing

Understand what significant fabric is

Check if these or other exemptions apply

Check if any other approvals apply

Engage suitably qualified professionals

Keep records

Manage unexpected issues and finds

Standard exemptions

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More information

Contact us