Heritage Regulations 2019

In this regulation —

in relation to any proposal — the decision‑maker; and

in relation to a proposal that is an application for development approval — the applicant.

A relevant party may request the Council to reconsider the advice it has provided on a referred proposal if —

the proposal has not yet been substantially implemented or acted upon; and

since the advice was provided —

there has been a material change in law; or

there has been a material change in circumstances relevant to the proposal; or

there has been a substantial lapse of time.

A request under subregulation (2) —

must be in writing; and

must, if the Council requires, be in a form approved by the Council; and

must set out details of the material change of law, material change in relevant circumstances, or substantial lapse of time since the advice was provided.

On request under subregulation (2), the Council must reconsider the advice provided and either —

affirm it; or

amend it; or

set it aside and provide fresh advice in substitution.