Heritage Act 2004

As soon as practicable after receiving an application under section 61G the council must assess the application and decide whether or not to approve the applicant’s statement of heritage effect.

A statement of heritage effect may be approved with conditions.

The council must approve the statement of heritage effect, if satisfied on reasonable grounds—

that the proposed activity is justifiable at, or near, a place or object, or an Aboriginal place or Aboriginal object (a heritage site); and

that there are no reasonably practicable alternative ways to carry out the proposed activity at the heritage site; and

that the applicant has identified reasonable steps it will take to reduce the risk of diminishing the heritage significance of, or damage to, the heritage site; and

about any other matter prescribed by regulation.

The council must give the applicant written notice about a decision under subsection (1), including any conditions associated with its approval, as far as practicable within 15 working days after the decision.