Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 106

Review of the Executive Director's determinations relating to permits

    (1)     The applicant for a permit to carry out works or activities in relation to a registered place or registered object, the owner or government asset manager of the place or object, or a person with a real and substantial interest in the place or object, may make a written request to the Heritage Council to review—

        (a)     a determination by the Executive Director to refuse an application to issue a permit in respect of the place or object; or

        (b)     a determination by the Executive Director to refuse an application to issue a permit for some of the proposed works or activities in respect of the place or object.

    (2)     The applicant or the owner or government asset manager of a registered place or registered object may make a written request to the Heritage Council to review a determination by the Executive Director to impose a condition on a permit in respect of the place or object.

    (3)     A request for a review must be accompanied by the prescribed fee (if any).

    (4)     A request for a review must be made within 60 days after a notice of refusal of the application is given, or the permit is issued, as the case requires.

    (5)     On receiving a request for a review, the Heritage Council must notify—

        (a)     the owner or government asset manager of the registered place or registered object if the person requesting the review is not the owner or government asset manager; and

        (b)     the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

        (c)     the National Trust if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application.



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