109Minister's power to call in or refer matter to VCAT

109 Minister's power to call in or refer matter to VCAT (1) At any time after a request for a review has been made to the Heritage Council but before the review is determined, the Minister may direct the Heritage Council— (a) to refer the review to the Minister for determination; or (b) if in the Minister's opinion the determination of the review may have a significant effect on the achievement or development of planning and heritage objectives, to refer the request for review to VCAT for review of the determination the subject of the review. (2) If the Minister gives a direction under— (a) subsection (1)(a), the Heritage Council must refer the review to the Minister for determination; or (b) subsection (1)(b), the Heritage Council must refer the request for review to VCAT for review of the determination the subject of the review. S. 109(3) amended by No. 5/2023 s. 80. (3) In determining a review, the Minister must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3). S. 109(4) amended by No. 5/2023 s. 80. (4) In determining a review of a determination, VCAT must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3).