34Legal status of heritage works if no minor works approval

34 Legal status of heritage works if no minor works approval

[Section 34 Subsection (3) omitted by No. 54 of 1999, s. 5, Applied:27 Oct 1999] [Section 34 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  [Section 34 Subsection (1) amended by No. 25 of 2024, s. 11, Applied:01 Jan 2025] This section applies to heritage works for which a minor works approval has not been issued.

(2)  For all purposes –

(a) the heritage works are taken to be a development under the Planning Act; and

(b) the relevant planning scheme or relevant special planning order, if it does not do so, is taken to require a permit for that development; and

(c) the relevant planning scheme or relevant special planning order, if it does not do so, is taken to specify that development as being of a kind which a planning authority has a discretion to refuse or permit.