Government Gazette 29 December 2004
No.3361
25
NATIONAL HERITAGE ACT, 2004
Act No. 27, 2004
(a)
a place which is a government building or State land; or
(b)
an object which is in or on a government building or State land,
means a Minister, a public authority or any other person responsible for the care,
management or control of that building or land.
Publication of application
On receiving an application under section 48, the Council
49.
(1)
(a)
must cause notice of the application to be published in a newspaper
circulating generally in the area in which the protected place or protected
object is situated, if the Council considers that the proposed works or
activities may detrimentally affect that place or object;
(b)
must make a copy of the application available at the office of the Council
during normal office hours for inspection by members of the public for the
period of 14 days after the notice is published under paragraph (a); and
(c)
may require the owner of the protected place or protected object to cause a
copy of the application to be continuously displayed in a conspicuous position
on that place or the place where the object is located for a specified period
not exceeding 14 days.
(2)
The Council may
(a)
require the owner of a protected place or protected object to give the notice
referred to in subsection (1)(a) at the owner's expense; or
(b)
if that notice is given by the Council, recover the costs of publication from
the owner.
Submissions
50. (1)
If notice of an application is given under section 49(1) any person
may lodge a written submission with the Council in relation to the application.
(2)
A submission must be lodged within 14 days after the notice is given under
section 49(1).
Matters to be considered in determining application for permit
51.
regard to
(1)
In considering
an application for a permit, the Council must have
(a)
the extent to which an approval of the application would affect the heritage
significance of the protected place or object;
(b)
the extent to which a refusal of the application would affect the reasonable
or economic use of the protected place or object, or cause undue financial
hardship to the owner in relation to that place or object;
(c)
any submissions made under section 50;
(d)
if the applicant is a public authority, the extent to which a refusal of the
application would unreasonably detrimentally affect the ability afthe public
authority to carry out a statutory function specified in the application; and
any matters relating to the protection and conservation of the place or object
(e)