Historic Cultural Heritage Act 1995
39CSubstantial changes to proposed heritage works
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39C Substantial changes to proposed heritage works
[Section 39C Inserted by No. 36 of 2019, s. 11, Applied:08 Oct 2019]
(1) This section applies if –
(a) the Heritage Council receives further information in relation to a permit application under section 39B ; and
(b) [Section 39C Subsection (1) amended by No. 25 of 2024, s. 15, Applied:01 Jan 2025] as a consequence of that further information, the Heritage Council believes there is a substantial change to the heritage works to which the permit application relates.
(2) If the further information is received after the Heritage Council has given a notification to the relevant planning authority in relation to the permit application under section 36(3) , the Heritage Council is to, within 7 days after receiving that further information, reconsider that application and do either of the following:
(a) give a new notification under section 36(3) in substitution for the original notification;
(b) confirm the original notification.
(3) If the Heritage Council gives a new notification under section 36(3)(b) that states that the Heritage Council requires additional information to further consider the permit application the periods referred to in subsections (4) and (5) cease to run in relation to that application until the Heritage Council provides notice to the relevant planning authority under section 37(4) that it is satisfied that the additional information answers the requirement in the new notification.
(4) If the further information is received after the Heritage Council has given notification under section 39(6) in relation to a discretionary permit application, the Heritage Council may, within 35 days after receiving that further information, reconsider that application in accordance with section 39(2) and do either of the following: