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Attachment 6
LAND USE PLANNING AND APPROVALS AMENDMENT
(HISTORIC CULTURAL HERITAGE) BILL 2012
CLAUSE NOTES
Clause 1 Short Title
Clause 2 Commencement
This Act will commence on the day on which the Historic Cultural Heritage
Amendment Act 2012 commences.
Clause 3 Principal Act
The Land Use Planning and Approvals Act 1993 is identified as the Principal
Act.
Clause 4 Section 54 amended (Additional information)
These amendments are of a house-keeping nature.
Clause 5 Section 57 amended (Applications for discretionary permits)
S 57(6)(b)(i) If the Heritage Council has not required extra time to consider a
discretionary permit application under the Historic Cultural Heritage Act 1995,
the 42 day timeframe for determining a discretionary application under s57 of
the Planning Act stands, unless the applicant has agreed to an extension of
time with the planning authority.
S 57(6)(b)(ii) If the Heritage Council has determined the need for an extra 14
calendar days (10 working days) to consider a discretionary permit application
under the Historic Cultural Heritage Act 1995, the 42 day timeframe for
determining a discretionary application under s57 of the Planning Act is
extended to 56 days or, if there is a further agreed extension of time between
the applicant and the planning authority, by that day.
S57(6A) These amendments are of a house-keeping nature.
Clause 6 Section 58 amended (Application for other permits)
These amendments are of a house-keeping.
Clause 7 Section 59 amended (Failure to determine an application for a permit)
These amendments are of a house-keeping nature in line with amendments to
s57.
Clause 7 Repeal of Act
This section is of a house-keeping nature and closes the loop on the
legislative process.
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