Heritage Act 2017

After considering an application the Executive Director may determine—

to approve the application or part of the application, subject to any terms and conditions the Executive Director considers fit; or

to refuse the application.

In making a determination under subsection (1), the Executive Director must consider the following—

the extent to which the application, if approved, would affect the cultural heritage significance of the registered place or registered object;

the extent to which the application, if refused, would affect the reasonable or economic use of the registered place or registered object;

any submissions made under section 95 or 100;

if the applicant is a public authority, the extent to which the application, if refused, would unreasonably detrimentally affect the ability of the public authority to perform a statutory duty specified in the application;

if the application relates to a listed place or to a registered place or registered object in a World Heritage Environs Area, the extent to which the application, if approved, would affect—

the world heritage values of the listed place; or

any relevant Approved World Heritage Strategy Plan;

any matters relating to the protection and conservation of the registered place or registered object that the Executive Director considers relevant.

In making a determination under subsection (1), the Executive Director may consider—

the extent to which the application, if approved, would affect the cultural heritage significance of any adjacent or neighbouring property that is—

included in the Heritage Register; or

subject to a heritage requirement or control in the relevant planning scheme; or

any other relevant matter.