70Appeals against certain determinations of the Heritage Council

70 Appeals against certain determinations of the Heritage Council

70 Appeals against certain determinations of the Heritage Council

(1) An applicant dissatisfied with a determination of the Heritage Council with respect to an application for approval, or application for modification of an approval, made under Subdivision 1 of Division 3, not being the determination of an application referred to in section 63 (2) or 65A (1) (b), may appeal to the Minister or, in the case of the determination of an application for approval, or application for modification of an approval, in respect of integrated development, to the Court—

(a) within 12 months after the date on which the applicant received notice of that determination,

(b) within 12 months after the expiration of the period of 40 days or the period of 60 days, as the case may require, referred to in section 65 (1), or

(c) within such longer period as the Minister or the Court may in special circumstances allow.

(2) An applicant who is dissatisfied with a decision by the Heritage Council to the effect that it is not satisfied as to a matter as to which it must be satisfied before a deferred commencement approval can operate may appeal to the Minister or, in the case of a decision concerning an approval in respect of integrated development, to the Court within 12 months after the Heritage Council notifies the applicant of its decision.

s 70: Am 1987 No 11, Sch 3 (4); 1997 No 152, Sch 4.13 [8] [9]; 2001 No 65, Sch 1 [9]–[11].