Victorian Current Acts Victorian Current Acts(1) The applicant for a permit to carry out works or activities in relation to a registered place or registered object, the owner or government asset manager of the place or object, or a person with a real and substantial interest in the place or object, may make a written request to the Heritage Council to review—
S. 106(1)(a) amended by No. 5/2023 s. 78(1)(a).
(a) a determination by the Executive Director to refuse an application for a permit in respect of the place or object; or
S. 106(1)(b) amended by No. 5/2023 s. 78(1)(b).
(b) a determination by the Executive Director to refuse any part of an application for a permit in respect of the place or object.
(2) The applicant or the owner or government asset manager of a registered place or registered object may make a written request to the Heritage Council to review a determination by the Executive Director to impose a condition on a permit in respect of the place or object.
S. 106(2A) inserted by No. 5/2023 s. 78(2).
(2A) Despite subsection (2), if the permit applies to only part of the registered place or registered object, only the applicant, or the owner or government asset manager of that part of the place or object, may make a written request under that subsection.
(3) A request for a review must be accompanied by the prescribed fee (if any).
(4) A request for a review must be made within 60 days after a notice of refusal of the application is given, or the permit is issued, as the case requires.
(5) On receiving a request for a review, the Heritage Council must notify—
S. 106(5)(aa) inserted by No. 5/2023 s. 78(3).
(aa) the Executive Director; and
S. 106(5)(aab) inserted by No. 5/2023 s. 78(3).
(aab) the applicant, if the person requesting the review is not the applicant; and
(a) the owner or government asset manager of the registered place or registered object if the person requesting the review is not the owner or government asset manager; and
(b) the responsible authority for the area in which the registered place or registered object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and
(c) the National Trust if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application.
S. 106(6) inserted by No. 5/2023 s. 78(4).
(6) Despite subsection (5)(a), if the review relates to only part of a registered place or registered object, the Heritage Council is only required to notify the owner or government asset manager of that part of the place or object, if the person requesting the review is not that owner or government asset manager.