VICIn ForceAct
Heritage Act 2017
105BMinor amendment of permits
Start here
Get a plain-English read of 105B
Turn the raw legal text into a practical explanation grounded in Heritage Act 2017.
105B Minor amendment of permits
(1) The holder of a permit issued under this Part may request the Executive Director to make a minor amendment to the permit.
(2) A request under subsection (1) must be made in the prescribed form.
(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request for a minor amendment to the permit.
(4) Despite subsection (3), if the works or activities for which the minor amendment to the permit is sought relate to only part of the registered place or registered object, the permit holder is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.
(5) The Executive Director must agree to a request to make a minor amendment to the permit in whole or in part, or refuse the request, within 20 business days after receiving the request.
(6) The Executive Director must refuse a request under subsection (5) if the Executive Director considers that the requested amendment—
(a) is not minor in the context of the works or activities authorised by the permit and requires a request for the amendment of the permit under section 105; or
(b) is so substantial that a new permit application is necessary.
(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.
(8) The Executive Director, within 5 business days after making a decision under subsection (5), must notify—
(a) the permit holder; and
(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and
(c) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued or situated and, if the responsible authority is not a municipal council, the relevant municipal council.
(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.
(10) If the Executive Director agrees to a request to make a minor amendment to a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.
Division 5—Reviews of determinations relating to permits