Document ID: chunk:federal_register_of_legislation:F2016L01891:body:0:p71
Version: federal_register_of_legislation:F2016L01891
Segment Type: other
Provision Reference: 
Character Range: 204515–207479

the likely effect of the proposal on the

heritage significance of the item.'

The Plan includes specific objectives and planning controls for the KAVHA site. It encourages use or
development consistent with the KAVHA Conservation Management Plan (CMP); and seeks to avoid use or
development which is not in keeping with the archaeological, historical, landscape, cultural and built heritage
significance of KAVHA.® Where there is an inconsistency between the intent of the zone and the intent of the
CMP, the Plan specifies that the CMP will prevail.°

5.4.3 The Heritage Act 2002 (NI)

The Heritage Act 2002 (NI) (the Heritage Act) establishes: the Norfolk Island Heritage Register; criteria for
listing items in the Heritage Register; a panel of heritage advisers; procedures for a heritage conservation
fund; and requirements for heritage impact statements and conservation management plans. For
development applications that are in relation to, or likely to affect a heritage item, the Heritage Act requires
the applicant to prepare a heritage impact statement, and requires that the responsible Minister (or his or
her delegate responsible for planning) has regard to the heritage impact statement. The responsible
Minister (or his or her delegate) may also require an applicant to prepare a conservation management
plan in relation to a heritage item. The KAVHA site was included on the Norfolk Island Heritage Register
on 17 December 2003.

5.4.4 Norfolk Island Trees Act 1999 (NI)

The Norfolk Island Trees Act 1999 (NI), and its amendment (2002), requires a permit to be obtained prior
to the removal of a protected tree. Protected trees are listed in the Trees Regulation 1999 and Trees
Amendment Regulations 2004. The list included in the Trees Regulation 1999 provides details regarding
the tree species and the height above which certain species are protected. Several Norfolk Island pines

®Norfolk Island Plan—Clause 74.
TNorfolk Island Plan—Clause 75.
8Norfolk Island Plan—Clause 77(5).
8Norfolk Island Plan—Clause 77(6).

Kingston and Arthur's Vale Historic Area—Heritage Management Plan, April 2016
Authorised Version F2016L01891 registered 09/12/2016

and White Oaks within the KAVHA site are protected by the Norfolk Island Trees Act. For example, the
Lone Pine at Point Hunter is protected under this statute.

5.4.5 Building Act 2002 (NI) Building Codes & Standards

Building activity within the KAVHA site is managed by the Building Act 2002 (NI) and the Norfolk Island
Building Code. The Norfolk Island Building Regulations 2004 lists (among other items): details which shall

accompany a building application, "° the Norfolk Island Building Code,'' compulsory inspection stages of
building work,'? and activities for which building approval is not required.'* Building applications are
required for all building activities.

5.4.6 Public Reserves Act (NI)

Several areas of land within the KAVHA site are designated as public reserves and