Heritage Act 2018

The Council must provide advice on a referred proposal to the decision‑maker and, if the proposal is an application for development approval, to the applicant.

In its advice the Council may address all aspects of conserving the place concerned, including —

maintenance, preservation, restoration, reconstruction, adaptation and interpretation of the place; and

retention of the associations and meanings of the place; and

retention or reintroduction of a use of the place.

In its advice the Council may have regard to unrectified errors, omissions, refusals or failures in complying with —

any advice or approval that the Council has previously given relating to the place concerned; or

any obligation under this Act relating to the place concerned.

Without limiting any other advice the Council may give in respect of a proposal relating to land of the kind mentioned in section 91, the Council may advise that a decision to approve a proposal relating to the land must be conditional upon the owner of that land entering into a heritage agreement in relation to the land with such parties and on such terms as the Council advises.

The Council may modify advice provided, or withdraw advice provided and provide new advice, if —

in the view of the Council there has been a material change of circumstances or a substantial lapse of time since it provided the advice; and

the decision‑maker has not made a decision with respect to the relevant proposal.