Heritage Act 2017

A written request to the Heritage Council to review a determination of the Executive Director to impose terms and conditions on a consent issued in respect of a site included in the Heritage Inventory, an archaeological site not recorded in the Heritage Inventory or an archaeological artefact, or to refuse an application to issue a consent in respect of a site or artefact, may be made by—

the person to whom the consent was issued or refused; or

the owner of the site or artefact; or

a government asset manager in respect of the site or artefact.

A request under subsection (1) must—

be made in writing; and

be made within 28 days after the Executive Director determines to approve or refuse the application; and

be accompanied by the prescribed fee (if any).

The Heritage Council may request the Executive Director to provide any information in relation to the terms and conditions of the consent or the refusal of the application.

The Executive Director must provide any information requested under subsection (3).

In determining a review, the Heritage Council may make a determination to—

affirm the determination under review; or

set aside the determination under review and makes another determination in substitution for it; or

subject to subsection (6), set aside the determination under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

The Heritage Council must remit a matter for reconsideration under subsection (5)(c) if the applicant has provided new information and the Heritage Council considers the information to be material.

The Heritage Council must make a determination under subsection (5) within 60 days after receiving a request for review.

The Heritage Council must give the person requesting the review—

written notice of the determination within 7 days after the determination; and

a written statement of reasons for its determination.

If the Heritage Council determines under subsection (5)(b) to set aside the determination of the Executive Director and substitute it with a determination to issue the consent, the Executive Director must issue the consent within 5 business days of the Heritage Council's determination.