46Minister may authorise work near dwelling house

46 Minister may authorise work near dwelling house S. 46(1) amended by No. 74/2000 s. 3(Sch. 1 item 83.2), substituted by No. 82/2000 s. 46(1), amended by No. 63/2006 s. 35(2), substituted by No. 59/2010 s. 40. (1) The Minister may authorise a licensee to do work within the area prohibited by section 45(1)(a)(i) or within 100 metres below that area after consultation with— (a) the municipal council in whose municipal district an area is situated; and (b) any community group or member of the community whom the Minister considers should be consulted about the proposed work. (2) A licensee who does work in accordance with an authority under subsection (1) is not guilty of an offence under section 45(1). S. 46(3) amended by Nos 82/2000 s. 46(2), 10/2014 s. 25. (3) A licensee who does work in accordance with an authority under subsection (1) must repair any damage caused to the protected building or site by the work. S. 46(4) inserted by No. 63/2006 s. 35(3). (4) In this section ***work*** has the same meaning as it has in section 45(7). S. 47 repealed by No. 82/2000 s. 47, new s. 47 inserted by No. 63/2006 s. 36.