QLDIn ForceAct
Queensland Heritage Act 1992
sec.72Application for exemption certificate
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### sec.72 Application for exemption certificate
A relevant person for a heritage place may apply to the decision-maker for the place for an exemption certificate to carry out development mentioned in subsection (3) on the place.
The application must—
be in the approved form; and
be accompanied by all of the following—
enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;
a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;
if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;
if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;
the fee prescribed under a regulation.
An exemption certificate may be given to carry out development on a heritage place only if the development—
is permitted under a heritage agreement or local heritage agreement for the place; or
will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.
In this section—
relevant person , for a heritage place, means—
the owner of the place; or
with the owner’s consent, another person who has an interest in the place.
s 72 sub 2003 No. 32 s 14
amd 2004 No. 20 s 39 ; 2005 No. 53 s 14 7
sub 2007 No. 50 s 23
amd 2011 No. 6 s 142 sch ; 2014 No. 61 s 37
(sec.72-ssec.1) A relevant person for a heritage place may apply to the decision-maker for the place for an exemption certificate to carry out development mentioned in subsection (3) on the place.
(sec.72-ssec.2) The application must— be in the approved form; and be accompanied by all of the following— enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place; a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance; if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application; if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place; the fee prescribed under a regulation.
(sec.72-ssec.3) An exemption certificate may be given to carry out development on a heritage place only if the development— is permitted under a heritage agreement or local heritage agreement for the place; or will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.
(sec.72-ssec.4) In this section— relevant person , for a heritage place, means— the owner of the place; or with the owner’s consent, another person who has an interest in the place.
- (a) be in the approved form; and
- (b) be accompanied by all of the following— (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place; (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance; (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application; (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place; (v) the fee prescribed under a regulation.
- (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;
- (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;
- (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;
- (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;
- (v) the fee prescribed under a regulation.
- (i) enough details about the proposed development to enable the decision-maker to assess its impact on the cultural heritage significance of the place;
- (ii) a plan showing the location of the development in relation to the features of the place that contribute to its cultural heritage significance;
- (iii) if the application is for development permitted under a heritage agreement or local heritage agreement for the place—details of the agreement to support the application;
- (iv) if the application is for development other than development mentioned in subparagraph (iii) —information showing how the development will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place;
- (v) the fee prescribed under a regulation.
- (a) is permitted under a heritage agreement or local heritage agreement for the place; or
- (b) will not have a detrimental impact, or will only have a minimal detrimental impact, on the cultural heritage significance of the place.
- (a) the owner of the place; or
- (b) with the owner’s consent, another person who has an interest in the place.