42Minor works approval

42 Minor works approval

[Section 42 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  [Section 42 Subsection (1) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] A person may apply to the Heritage Council for a minor works approval for heritage works.

(2)  [Section 42 Subsection (2) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] The application –

(a) is to be in a form provided or approved by the Heritage Council; and

(b) is to be supported by such information as the Heritage Council requires, either at the time of lodgment or subsequently.

(3)  The Heritage Council may –

(a) [Section 42 Subsection (3) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] approve the application; or

(b) [Section 42 Subsection (3) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] refuse the application.

(4)  [Section 42 Subsection (4) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] Without limiting its discretion, the Heritage Council must approve the application if it is reasonably satisfied that the heritage works –

(a) [Section 42 Subsection (4) amended by No. 25 of 2024, s. 16, Applied:01 Jan 2025] are identified in the works guidelines as works that will have no impact or only negligible impact 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) are capable of being carried out in accordance with the works guidelines.

(5)  If applies, the Heritage Council is to notify the applicant of –