41Correction and minor amendment of permits

41 Correction and minor amendment of permits

[Section 41 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  [Section 41 Subsection (1) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] [Section 41 Subsection (1) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] [Section 41 Subsection (1) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] [Section 41 Subsection (1) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] This section applies if, pursuant to section 42D , 43 , 55 or 56 of the Planning Act or section 43J or 43K of the former Planning Act, an authority intends to make any correction or minor amendment of a discretionary permit in respect of which it has been given a notification by the Heritage Council under section 39(6)(a) or (b) section 39A(6)(a) or (b) .

(2)  [Section 41 Subsection (2) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] Before making the correction or minor amendment, the authority must –

(a) consult the Heritage Council; and

(b) have regard to any submissions made by the Heritage Council pursuant to that consultation.

(3)  [Section 41 Subsection (3) amended by No. 36 of 2019, s. 12, Applied:08 Oct 2019] However, the authority is not obliged to comply with subsection (2) if it reasonably determines that the correction or minor amendment will have no impact on –

(a) historic cultural heritage significance; or