Heritage Act 2017

Subject to this section, a person who is authorised to carry out works or activities under a consent issued under section 124 may apply to the Executive Director for an amendment of the consent.

An application under subsection (1) must—

be in the prescribed form; and

be accompanied by the prescribed fee (if any); and

if the applicant is not the owner or government asset manager of the site or archaeological artefact, include the consent of the owner or government asset manager of the site or archaeological artefact.

Despite subsection (2)(c), if the works or activities for which the amendment to the consent is sought relate to only part of the site or archaeological artefact, the applicant is only required to include the consent of the owner or government asset manager of that part of the site or archaeological artefact.

In determining whether to amend a consent under this section, the Executive Director must consider—

any archaeological, historical or other research; and

the potential of the site or archaeological artefact to contribute to such knowledge.

After considering an application to amend a consent, the Executive Director, within 20 business days after receiving the application, must—

approve the application and, within 5 business days, issue the amended consent; or

approve the application in part and, within 5 business days, issue the amended consent; or

refuse the application.

The Executive Director must refuse the application if the Executive Director considers that the requested amendment is so substantial that a new consent is necessary.

If the Executive Director determines to refuse the application, the Executive Director must give the applicant written notice of the refusal within 5 business days after making the determination.

A notice under subsection (7) must include a statement of reasons for the refusal.

An amended consent under this section may be issued subject to the following terms and conditions—

that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent;

that archaeological artefacts discovered in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent;

any other terms and conditions that the Executive Director considers fit.