124Executive Director may issue consents

124 Executive Director may issue consents S. 124(1) substituted by No. 5/2023 s. 89(1). (1) Subject to this section, a person may apply to the Executive Director for a consent authorising the person— (a) to excavate or uncover a site— (i) recorded in the Heritage Inventory; or (ii) reported to the Executive Director in accordance with section 127(2); or (b) to damage or disturb a site— (i) recorded in the Heritage Inventory; or (ii) reported to the Executive Director in accordance with section 127(2); or (c) to damage or disturb an archaeological artefact, including for the purposes of study, conservation or exhibition; or (d) to possess an archaeological artefact for the purposes of sale; or (e) to buy or sell an archaeological artefact. S. 124(2)(c) substituted by No. 5/2023 s. 89(2). (c) if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact. S. 124(2A) inserted by No. 5/2023 s. 89(3). (2A) Despite subsection (2)(c), 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. (3) In determining whether to issue a consent under this section, the Executive Director must consider— (a) any relevant archaeological, historical or other research; and (b) the potential of the site or archaeological artefact to contribute to such knowledge. S. 124(4) substituted by No. 5/2023 s. 89(4). (4) After considering an application under subsection (1), the Executive Director, within 20 business days after receiving the application, must— (a) approve the application and, within 5 business days, issue the consent; or (b) approve the application in part and, within 5 business days, issue the consent for some of the proposed works or activities specified in the application; or (c) refuse the application. S. 124(4A) inserted by No. 5/2023 s. 89(5). (4A) The Heritage Council, on the application of the Executive Director before the end of the period of 20 business days specified in subsection (4), may extend that period by a further period of up to 20 business days. S. 124(4B) inserted by No. 5/2023 s. 89(5). (4B) In the case of an application to do a thing referred to in subsection (1)(a)(ii) or (b)(ii), if the Executive Director considers the matter is urgent, the Executive Director may consider the application but must not determine it until the Executive Director— (a) records the site in the Heritage Inventory under section 118(1)(a); or (b) determines that the site has low archaeological value. (5) If the Executive Director determines to refuse the application, the Executive Director must give the applicant written notice of the refusal within 7 days after making the determination. (6) A notice under subsection (5) must include— (a) a statement of reasons for the refusal; and (b) a statement of the applicant's rights of review under this Part. (7) A consent under this section may be issued subject to the following terms and conditions— (a) that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent; S. 124(7)(b) amended by No. 5/2023 s. 89(6). (b) that archaeological artefacts discovered in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent; (c) any other terms and conditions that the Executive Director considers fit. (8) This section does not apply to a registered archaeological place or a registered archaeological artefact. A permit or permit exemption under this Act is required to do certain things in relation to registered archaeological places or registered archaeological artefacts. S. 124A inserted by No. 5/2023 s. 90.