38Procedure if Heritage Council has no interest in permit application

38 Procedure if Heritage Council has no interest in permit application

[Section 38 Substituted by No. 54 of 1999, s. 8, Applied:27 Oct 1999] [Section 38 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  [Section 38 Subsection (1) amended by No. 36 of 2019, s. 9, Applied:08 Oct 2019] This section applies if, in respect of a permit application –

(a) the Heritage Council gives the relevant planning authority the notification referred to in section 36(3)(a) ; or

(b) the Heritage Council fails to give the relevant planning authority a notification of any kind under section 36(3) within the time that section requires.

(2)  [Section 38 Subsection (2) amended by No. 36 of 2019, s. 9, Applied:08 Oct 2019] Section 34(2) ceases to apply in relation to the heritage works to which the permit application relates (the relevant heritage works).

(3)  If, but for section 34(2) , no permit (discretionary or otherwise) in respect of the relevant heritage works would have been required under the Planning Act –

(a) [Section 38 Subsection (3) amended by No. 36 of 2019, s. 9, Applied:08 Oct 2019] the permit application is taken to have been withdrawn; and

(b) [Section 38 Subsection (3) amended by No. 36 of 2019, s. 9, Applied:08 Oct 2019] the relevant planning authority is to notify the applicant and the Heritage Council that a permit is not so required and that the permit application is so taken to have been withdrawn.

(4)  [Section 38 Subsection (4) amended by No. 36 of 2019, s. 9, Applied:08 Oct 2019] If, but for , a discretionary permit would not have been required under the Planning Act but another permit would have been so required in respect of the relevant heritage works, the permit application is taken to be an application made under the appropriate section of the Planning Act for that other permit and the relevant planning authority is to –