39AProcedure if Heritage Council wishes to be involved in determining combined permit application

39A Procedure if Heritage Council wishes to be involved in determining combined permit application

[Section 39A Inserted by No. 36 of 2019, s. 11, Applied:08 Oct 2019]

(1)  This section applies if, in respect of a combined 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 combined permit application and in so doing –

(a) [Section 39A Subsection (2) amended by No. 25 of 2024, s. 14, Applied:01 Jan 2025] [Section 39A Subsection (2) amended by No. 25 of 2024, s. 14, Applied:01 Jan 2025] is to have regard to the likely impact of the relevant heritage works on the historic cultural heritage significance of the relevant registered place or heritage area and any registered place that adjoins the relevant registered place or heritage area; and

(b) is to have regard to any matters prescribed by the regulations for the purposes of this subsection; and

(c) is to have regard to any relevant works guidelines; and

(d) 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 combined permit application, in which case the relevant planning authority is to notify the applicant of the Heritage Council's requirement.

(4)  If the Heritage Council makes a notification under subsection (3) in relation to the combined permit application, the assessment period for that application is extended by 14 days.

(5)  If the relevant planning authority becomes aware that the length of the assessment period for the combined 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.

(6)  At least 7 days before the assessment period for the combined permit application expires, the Heritage Council is to notify the relevant planning authority that –