(1)  A participating regulator that is the Heritage Council may only specify, in a final advice under section 60ZZF(1) in relation to a major project, that the regulator requests the Panel to refuse to grant a major project permit in relation to the major project, if the Heritage Council is satisfied that, if the project were not a major project, the Heritage Council would notify the planning authority under section 39(6) of the Historic Cultural Heritage Act 1995 that a discretionary permit in relation to the project should be refused.

(2)  A participating regulator that is the Heritage Council may only specify, in a final advice under section 60ZZF(1) in relation to a major project, that the regulator requests the Panel to impose a condition on any major project permit that may be granted in relation to the major project, if the Heritage Council is satisfied that, if the project were not a major project, the Heritage Council would consent, under section 39(6) of the Historic Cultural Heritage Act 1995 , to a discretionary permit being granted in relation to the project, subject to the condition.