Heritage Act 2018

In respect of a referred proposal, a decision‑maker must not make a decision that would, or would be likely to, adversely affect to a significant extent a place mentioned in section 72(1) (even though the decision is not directly related to that place) unless —

the decision‑maker has used its best endeavours to ensure that each person involved in the implementation of the proposal will take all measures to minimise any adverse effect that they can reasonably take; and

the decision‑maker has complied with section 73; and

the decision‑maker has either received advice on the referred proposal from the Council under section 74 or waited the prescribed period to receive advice; and

subject to subsection (2), the decision made is consistent with advice received from the Council.

Subsection (1)(d) does not apply if the decision‑maker finds that there is no feasible and prudent alternative to the decision made.

If the Council gives advice as mentioned in section 74(4) in respect of a proposal relating to land of the kind mentioned in section 91, the decision‑maker must specify that its decision to approve the proposal is conditional upon the owner of the land entering into a heritage agreement in relation to the land with such parties and on such terms as the Council advises.

Unless the Council so advises under section 74(4), a decision‑maker must not specify that its decision to approve a proposal relating to land of the kind mentioned in section 91 is conditional upon the owner of the land entering into a heritage agreement in relation to the land.

The decision‑maker must notify the Council in writing of its decision in respect of a referred proposal within the prescribed period after making the decision.