Victorian Current Acts Victorian Current Acts(1) Subject to sections 107 and 109, the Heritage Council must determine a review within 60 days after the request is made.
(2) The Heritage Council may ask the applicant for any additional information that the Heritage Council considers necessary to assist the determination of the review.
(3) The time within which the Heritage Council must decide a review—
(a) stops to run at the time when a request for the additional information is made; and
(b) starts to run only when the information is provided to the Heritage Council.
(4) The Heritage Council must conduct a hearing into a review—
S. 108(4)(a) amended by No. 5/2023 s. 79(1).
(a) if the hearing is requested by the applicant for review or the relevant responsible authority; or
S. 108(4)(b) amended by No. 5/2023 s. 79(1).
(b) in any other case, unless the applicant for review agrees to the determination of the review without a hearing.
S. 108(4A) inserted by No. 5/2023 s. 79(2).
(4A) The Executive Director may appear, be heard or be represented at any hearing into the review of the Executive Director's determination relating to a permit.
(5) 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, may appear, be heard or be represented at any hearing into the review of an Executive Director's determination relating to a permit.
(6) The National Trust may be a party to a hearing into the review of a determination in relation to a permit if the National Trust has previously lodged a written submission with the Executive Director in relation to the permit application.
(7) The Heritage Council may make a determination on the review to—
(a) affirm the determination under review; or
(b) vary the determination under review; or
(c) set aside the determination under review and make another determination in substitution for it.
S. 108(8) amended by No. 5/2023 s. 79(3).
(8) In determining a review, the Heritage Council must consider the matters set out in section 101(2) and may consider the matters set out in section 101(3).
S. 108(9) substituted by No. 5/2023 s. 79(4).
(9) The Heritage Council, within 5 business days after making a determination under subsection (7), must give written notice of the determination to—
(a) the applicant for review; and
(b) if the applicant for review is not the applicant for the permit, the permit applicant; and
(c) if the applicant for review or the permit applicant is not the owner or government asset manager, the owner or government asset manager of the registered place or registered object; and
(d) 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
(e) the Executive Director; and
(f) any other person who was a party to a hearing.
S. 108(10) inserted by No. 5/2023 s. 79(4).
(10) If the Heritage Council has made a determination that requires a permit or amended permit to be issued, the Executive Director must issue the permit to the permit applicant within 5 business days after receiving notification of the Heritage Council's determination.