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Heritage Act 2017
123AExemption from requirement to obtain a consent
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123A Exemption from requirement to obtain a consent
(1) The Executive Director, on the application of a person specified in subsection (2), may determine that a consent under this Part is not required for particular works or activities in relation to—
(a) a site recorded in the Heritage Inventory; or
(b) an archaeological artefact.
(2) For the purposes of subsection (1), the following persons are specified—
(a) the owner or government asset manager of the site or archaeological artefact;
(b) a person who has the consent of the owner or government asset manager of the site or archaeological artefact to make an application under subsection (1).
(3) An application under subsection (1) must be made in the prescribed form.
(4) Despite subsection (2)(b), if the works or activities for which the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.
(5) If the Executive Director makes a determination under subsection (1), the particular works or activities may be carried out in relation to the site or artefact.
(6) The Executive Director must not make a determination under subsection (1) in relation to any works or activities unless the Executive Director considers that any damage or disturbance to the site or artefact would be negligible.