Victorian Current Acts Victorian Current Acts(1) The holder of a permit issued under this Part may request the Executive Director to amend the permit.
(2) A request under subsection (1) must—
(a) be made in the prescribed form; and
(b) be accompanied by the prescribed fee (if any).
(3) If a permit holder is not the owner of the registered place or registered object in respect of which the permit is issued, the permit holder must obtain the written consent of the owner before making a request to amend the permit.
S. 105(3A) inserted by No. 5/2023 s. 76(1).
(3A) Despite subsection (3), if the works or activities for which the amendment to the permit is sought relate to only part of the registered place or registered object, the applicant is only required to obtain the written consent of the owner or government asset manager of that part of the registered place or registered object.
S. 105(4) amended by No. 5/2023 s. 76(2).
(4) On receiving a request under subsection (1), the Executive Director must notify within 5 business days—
(a) any person who made a submission in relation to the permit application; and
(b) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.
S. 105(5) substituted by No. 5/2023 s. 76(3).
(5) Subject to subsection (5A), the Executive Director must agree to a request to amend a permit in whole or in part, or refuse the request, within 20 business days after receiving the request.
S. 105(5A) inserted by No. 5/2023 s. 76(3).
(5A) The period within which the Executive Director must agree to a request to amend a permit, or refuse the request, under subsection (5) stops to run on the day when the Executive Director makes a request for additional information under section 105A(1) and starts to run when the additional information is provided to the Executive Director.
(6) The Executive Director must refuse the request if the Executive Director considers that the requested amendment is so substantial that a new permit application is necessary.
(7) The Executive Director may refuse a request if the Executive Director considers that the requested amendment, if agreed to, may result in harm to the cultural heritage significance of the registered place or registered object in relation to which the permit was issued.
S. 105(8) inserted by No. 5/2023 s. 76(4).
(8) If the Executive Director agrees to a request to amend a permit, or refuses the request, the Executive Director must notify within 5 business days—
(a) the permit holder; and
(b) if the permit holder is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object to which the permit relates; and
(c) any person who made a submission in relation to the permit application; and
(d) the responsible authority for the area in which the registered place or registered object in respect of which the permit is issued is situated and, if the responsible authority is not a municipal council, the relevant municipal council.
S. 105(9) inserted by No. 5/2023 s. 76(4).
(9) Despite subsection (8)(b), if the permit relates to only part of the registered place or registered object, the Executive Director is only required to notify the owner or government asset manager of that part of the registered place or registered object.
S. 105(10) inserted by No. 5/2023 s. 76(4).
(10) If the Executive Director agrees to a request to amend a permit, the Executive Director must issue the amended permit to the permit holder within 5 business days.
S. 105A inserted by No. 5/2023 s. 77.