Victorian Current Acts

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HERITAGE ACT 2017 - SECT 94

Public display of permit applications in certain circumstances

S. 94(1) substituted by No. 5/2023 s. 6(1).

    (1)     If the Executive Director receives a permit application under section 93 and the Executive Director considers that the proposed works or activities may harm the cultural heritage significance of the place or object, the Executive Director must—

        (a)     cause notice of a permit application to be published in a newspaper circulating generally in the area in which the registered place or registered object is situated; and

        (b)     make a notice of the permit application available electronically in accordance with the requirements set out in section 254C for a period of 14 days beginning on the day on which the notice is published under paragraph (a).

S. 94(1A) inserted by No. 5/2023 s. 6(1).

    (1A)     A notice under subsection (1)(a) is to be published—

        (a)     as soon as practicable after the Executive Director receives the permit application; or

        (b)     if publication under paragraph (a) would be during the period from 24 December to 9 January next following, as soon as practicable after that period ends.

    (2)     The Executive Director may require—

        (a)     the owner or government asset manager of the registered place to cause a copy of the notice to be continuously displayed in a conspicuous position at that place for a period not exceeding 14 days; or

        (b)     the owner or government asset manager of the registered object to cause a copy of the notice to be continuously displayed in a conspicuous position on or near that object for a period not exceeding 14 days.

    (3)     The Executive Director may extend the specified period of display under subsection (2) with the agreement of the applicant and the owner or government asset manager of the registered place or registered object.

S. 94(4) amended by No. 5/2023 s. 6(2).

    (4)     The Executive Director may require the applicant or the owner or government asset manager of the registered place or registered object to cause publication of the notice under subsection (1)(a).

    (5)     A person is taken to have complied with subsection (2) if the Executive Director is satisfied that the person took all reasonable steps to ensure that the notice was conspicuously and continuously displayed during the specified period of display.

S. 94(6) substituted by No. 5/2023 s. 6(3).

    (6)     For the period of 14 days beginning on the day on which the notice is published under subsection (1)(a), the Executive Director must make a copy of the application available in accordance with the public availability requirements.

S. 94(6A) inserted by No. 5/2023 s. 6(3).

    (6A)     If the Executive Director makes a copy of an application available electronically under subsection (6), the Executive Director must not disclose personal information about an individual, other than the address of the land subject to the application, without the individual's consent.

    (7)     The Executive Director may require the applicant to provide information regarding compliance with subsection (2) or (4).

    (8)     In calculating a period of time under this section, the period from 24 December to 9 January next following is excluded.



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