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Heritage Act 2017
118ADetermination by the Executive Director as to archaeological value
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118A Determination by the Executive Director as to archaeological value
(1) The Executive Director, within 20 business days after being provided with a site card under section 127, must—
(a) determine to record the archaeological site described in the card in the Heritage Inventory; or
(b) determine that the archaeological site has low archaeological value.
(2) In making a determination under subsection (1), the Executive Director may request from the person who provided the site card any additional information that the Executive Director considers necessary to assist the Executive Director in making the determination.
(3) A request under subsection (2) must be made in writing and include the following information—
(b) the date by which the information must be provided, being a date which is at least 20 days after the request.
(4) The person who provided the site card may request the Executive Director to grant an extension of time to provide the requested information.
(5) The Executive Director must—
(a) agree or refuse to agree to a request under subsection (4); and
(b) give written notice to the person of the Executive Director's decision.
(6) A notice under subsection (5)(b) must state—
(c) if the extension of time is refused and the date specified in accordance with subsection (3)(b) has passed or is due to pass within 10 business days, the date by which the information must be provided, being a date which is at least 10 business days after the notice.
(7) The Executive Director must notify the applicant within 5 business days after agreeing or refusing to agree to the extension.
(8) The period within which the Executive Director must make a determination under subsection (1)—
(a) stops to run on the day when a request under subsection (2) is made by the Executive Director; and
(b) starts to run when the information is provided to the Executive Director.
(9) The Executive Director, within 5 business days of making a determination under subsection (1), must notify the following of the determination—
(a) the person who provided the site card;
(b) any person who has made an application under section 124 in respect of the site;
(c) the owner or government asset manager of the land constituting the site;
(d) the responsible authority for the area in which the site is situated, and if the responsible authority is not a municipal council, the relevant municipal council.
S. 119 substituted by No. 5/2023 s. 85.