Heritage Act 1977 (NSW)

TL;DR

The Heritage Act 1977 (NSW) establishes the State Heritage Register (SHR), the Heritage Council of NSW, and the Section 60 works approval regime. Any work on or affecting an SHR-listed place requires a Section 60 approval from the Heritage Council. Section 146 imposes a duty to notify the Heritage Council on discovery of an unmapped “relic” (typically pre-1900 archaeology). Practically, the Act turns every SHR-listed property into a concurrence-style DA: council assesses the planning permit AND Heritage NSW concurs on the Section 60. Builders in NSW heritage country need both pathways managed in parallel.

Scope

The Heritage Act 1977 governs:

Object	What the Act does
State Heritage Register (SHR)	State register of places of state heritage significance
Heritage Council of NSW	Peak NSW heritage advisory body
Section 60 approval	The works approval required for any work affecting an SHR place
Interim Heritage Order (IHO)	Time-limited protection while an item is being assessed
Section 146 relic notification	Duty to report discovery of an unmapped relic
State Heritage Inventory	Broader database including SHR and council-listed items

The Act does NOT cover items listed only on a council’s LEP Heritage Schedule; those are governed by the planning permit regime under the Environmental Planning and Assessment Act 1979.

SHR vs council heritage listing

NSW has two heritage layers builders need to distinguish:

Layer	Authority	Approval required
State Heritage Register (SHR)	Heritage Council of NSW	Section 60 approval + DA / CDC
Council LEP Heritage Schedule	Council	DA only (no Section 60)
Heritage Conservation Area (HCA)	Council	DA only (no Section 60)

Most heritage-listed properties in NSW are LEP-only, not SHR. SHR is the higher tier; SHR places are typically nationally significant (e.g. the Queen Victoria Building, the Sydney Opera House precinct, historic homesteads). Always check both layers.

The Section 60 approval regime

For an SHR-listed place, work requires a Section 60 approval from the Heritage Council:

Any alterations or additions to fabric.
Demolition (full or partial).
Excavation in the curtilage.
Sub-division of the lot.
Change of use affecting heritage values.
External painting in some cases.

The Section 60 application includes:

Document	Source
Heritage Impact Statement	Heritage consultant
Conservation Management Plan (if exists)	Often pre-existing for major SHR places
Drawings	Architect
Photographic record	Heritage consultant
Specifications including materials and methods	Architect + heritage consultant
Owner’s consent	Lot owner

Heritage NSW assesses; the Heritage Council determines.

Integrated development and concurrence

For SHR places, the DA and Section 60 typically run as integrated development under EP&A Act Section 4.46. The council is the consent authority for the DA, but Heritage NSW provides concurrence (effectively a binding input). If Heritage NSW won’t concur, the DA cannot be approved.

This means:

The DA and Section 60 are lodged together (in practice via the Planning Portal).
The council and Heritage NSW assess in parallel.
Heritage NSW’s concurrence either grants or refuses; council follows.

Section 146: discovery of a relic

A relic under the Heritage Act 1977 is broadly defined as a deposit, object, or material evidence of land use in NSW, dating from before 1900.

Section 146 imposes a duty:

Stop work in the affected area.
Notify the Heritage Council “within a reasonable time”.
Do not disturb the relic further until the Heritage Council advises.

Penalties for non-compliance are substantial. The relic notification duty applies to everyone on site, including subcontractors. Brief at engagement.

Aboriginal heritage: separate regime

Aboriginal heritage in NSW is governed under the National Parks and Wildlife Act 1974 (Part 6), not the Heritage Act 1977. The two regimes are independent:

Heritage Act 1977: post-1788 / European-era heritage.
NPW Act Part 6: Aboriginal heritage (objects and places).

An Aboriginal heritage finding triggers separate stop-work and notification duties under NPW Act Part 6 and AHIMS. If the lot has Aboriginal heritage indicators, engage a specialist Aboriginal heritage consultant.

When the Act applies to a residential build

Most NSW residential builds are NOT SHR-listed. The Heritage Act typically applies in:

Situation	Heritage Act involvement
Lot on the SHR	Full Section 60 regime
Lot adjoining an SHR place	May require Heritage NSW concurrence on the DA
Lot on council LEP Heritage Schedule only	Planning regime, no Section 60
Excavation discovers pre-1900 deposits	Section 146 stop-work
Aboriginal heritage discovery	NPW Act Part 6 stop-work (separate from Heritage Act)

The Section 10.7 planning certificate discloses both SHR and LEP heritage listings.

Common builder issues

SHR listing missed at lead: discovered post-design lock-in. Concurrence pathway adds 3-6 months.
Section 146 relic discovery mid-construction: excavation reveals pre-1900 deposits. Work stops; archaeological consultant engaged; permit conditions follow.
Subcontractor not briefed on Section 146 / NPW Act obligations: brief at engagement and document.
Treating LEP-listed and SHR-listed identically: SHR is substantially more rigorous; budget and program accordingly.

Process: Section 60 application

Pre-application meeting with Heritage NSW (recommended). Free for residential.
Engage a heritage consultant: prepares the SoHI and conservation strategy.
Prepare integrated development package: DA + Section 60 together.
Lodge via NSW Planning Portal as integrated development.
Public notification by council (typically 14-28 days).
Concurrence assessment by Heritage NSW, typically 3-6 months.
Council determination following concurrence.
Permit (with conditions) issued if approved.

Total timeline for an SHR-listed residential build: 6-12 months from lodgement to construction start. Plan accordingly.

For builders

Check the SHR at lead (heritage.nsw.gov.au). Free, takes 5 minutes.
Order the Section 10.7 to confirm SHR + LEP heritage listings.
Brief every subcontractor on Section 146 and NPW Act stop-work obligations. Document.
Engage a heritage consultant early for any SHR-listed work.
Plan for integrated development timeline (6-12 months) on SHR sites.
Confirm contract works insurance covers heritage-related work before commencement.

References

Heritage NSW: https://www.heritage.nsw.gov.au (verified 2026-05-15).
State Heritage Register: https://www.hms.heritage.nsw.gov.au (verified 2026-05-15).
Heritage Act 1977 (NSW) full text: https://legislation.nsw.gov.au (verified 2026-05-15).
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