Historic Cultural Heritage Act 1995
36Permit application to be sent to and considered by Heritage Council
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36 Permit application to be sent to and considered by Heritage Council
[Section 36 Subsection (1) amended by No. 54 of 1999, s. 6, Applied:27 Oct 1999] [Section 36 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]
(1) [Section 36 Subsection (1) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] This section applies if a person makes a permit application.
(2) [Section 36 Subsection (2) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] The relevant planning authority must give a copy of the permit application to the Heritage Council as soon as practicable (and in any event within 5 days) after the application day.
(3) [Section 36 Subsection (3) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] [Section 36 Subsection (3) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] Within 7 days after receiving a copy of a permit application, the Heritage Council is to consider the permit application and notify the relevant planning authority that –
(a) [Section 36 Subsection (3) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] the Heritage Council has no interest in the permit application; or
(b) [Section 36 Subsection (3) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] the Heritage Council wishes to be involved in determining the permit application.
(4) [Section 36 Subsection (4) amended by No. 36 of 2019, s. 7, Applied:08 Oct 2019] If the Heritage Council notifies the relevant planning authority that it wishes to be involved in determining a permit application, it may state in the notification that, to further consider the permit application under section 39 , it requires additional information as specified in the notification.