Heritage Places Act 1993

A permit may be granted on such conditions as the Council thinks fit and those conditions may, for example—

require that the operations to be carried out in pursuance of the permit be supervised by a person with appropriate professional qualifications and experience specified in the permit;

provide for the notification of the discovery or recovery of any specified classes of specimens, artefacts or other objects under the permit;

provide that geological, palaeontological or speleological specimens, archaeological artefacts or other objects recovered or removed in the course of the operations are to belong to the Crown;

make provision for the protection and curation of any such specimens, artefacts or other objects.

If an application for a permit under this Act relates to an area within a River Murray Protection Area, the Council must, in considering the application, take into account, and seek to further, the objects of the River

Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

If an application for a permit under this Act relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Council must, before making its decision on the application—

consult the Minister to whom the administration of the River

Murray Act 2003 is committed; and

comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister).

The

Council may, at any time by notice given to the holder of a permit—

vary or revoke the permit; or

vary or revoke a condition of a permit.

A person must not contravene or fail to comply with a condition of a permit.

Maximum penalty: $75 000.

A person who is dissatisfied with a decision of the Council—

with respect to his or her application for a permit; or

in the exercise of a power under subsection (1) or (4), may appeal to the Minister.

On an appeal, the Minister may—

confirm, vary or reverse the decision under appeal; or

remit the matter to the Council for further consideration or reconsideration.

A decision of the Minister under subsection (7)(a) will have effect as if it were a decision of the Council.