101AApproval of permit applications subject to security

101A Approval of permit applications subject to security (1) In approving an application under section 101(1)(a), the Executive Director may impose a term or condition on the permit that requires a security to be given to the Heritage Council to ensure— (a) the satisfactory completion of the works or activities for which the permit is issued; or (b) compliance with another condition imposed on the permit. (2) In determining the form and content of a security referred to in subsection (1), the Executive Director must have regard to— (a) in the case of a security for the purposes of subsection (1)(a), the nature and extent of the works or activities; or (b) in the case of a security for the purposes of subsection (1)(b), the nature of the other condition to be complied with. (3) The Heritage Council, for the following purposes, may pay out of the Heritage Fund a security received under subsection (1)— (a) in accordance with the terms and conditions of the permit, for the satisfactory completion of the works or activities in respect of which the security was given; (b) making the security available to the Executive Director under section 159(2); (c) in accordance with the terms and conditions of the permit, for compliance with the other condition imposed on the permit in respect of which the security was given. (4) The Heritage Council must return a security, or the remainder of a security if there has been a partial pay out of the security under subsection (3), to a person if— (a) in the case of a security for the purposes of subsection (1)(a), the works or activities are completed; or (b) in the case of a security for the purposes of subsection (1)(b), the condition is complied with. Division 3—Issue of permits S. 102 substituted by No. 5/2023 s. 73.