(1) This section applies if, in respect of a discretionary permit application, the Heritage Council gives the relevant planning authority the notification referred to in section 36(3)(b) .
(2) The Heritage Council is to further consider the discretionary permit application and in so doing –
(b) may have regard to any representations made in respect of the application; and
(c) is to have regard to any matters prescribed by the regulations for the purposes of this subsection; and
(d) is to have regard to any relevant works guidelines; and
(e) may liaise with the relevant planning authority.
(3) As soon as practicable after the application day, the Heritage Council may notify the relevant planning authority that it requires an extra 14 days to consider the discretionary permit application, in which case the relevant planning authority is to notify the applicant of the Heritage Council's requirement.
(4) As soon as practicable after receiving a representation in relation to the discretionary permit application, the relevant planning authority must give a copy of the representation to the Heritage Council.
(5) If the relevant planning authority becomes aware that the length of the assessment period for the discretionary permit application has been extended or shortened under any Act, the relevant planning authority is to notify the Heritage Council as soon as practicable after becoming so aware.
Section 39 - Historic Cultural Heritage Act 1995 - Procedure if Heritage Council wishes to be involved in determining discretionary permit application | Zoe
[Section 39 Subsection (5) substituted by No. 36 of 2019, s. 10, Applied:08 Oct 2019]
(a) the relevant planning authority may determine the discretionary permit application without further reference to the Heritage Council; and
(b) the Heritage Council is not entitled to take any further action in relation to the discretionary permit application or the relevant heritage works; and
(c) once it has determined the discretionary permit application, the relevant planning authority is to notify the Heritage Council of its determination.
(9) If subsection (6)(b) applies and the relevant planning authority grants the discretionary permit –
(a) it must do so subject to (at least) the conditions required by the Heritage Council; and
(b) it must not make the discretionary permit subject to a condition that conflicts with any condition required by the Heritage Council.
(10) If subsection (6)(c) applies, the relevant planning authority must refuse to grant the discretionary permit.
(11) If the relevant planning authority grants the discretionary permit, it must give a copy of the discretionary permit to the Heritage Council.