Victorian Current Acts

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HERITAGE ACT 2017 - SECT 96

Amending permit applications—request of applicant

    (1)     An applicant may make a written request to the Executive Director to amend a permit application.

    (2)     A request to amend a permit application may be made before or after any notice of the application is publicly displayed under section 94.

    (3)     A request must—

        (a)     include any new information in relation to the proposed amendment that was not included in the original application; and

        (b)     be accompanied by the prescribed fee (if any); and

S. 96(3)(c) amended by No. 5/2023 s. 65(2).

        (c)     if the applicant is not the owner or government asset manager of the registered place or registered object in respect of which the permit application applies, include the written consent of the owner or government asset manager.

S. 96(3A) inserted by No. 5/2023 s. 65(3).

    (3A)     Despite subsection (3)(c), if the works or activities for which the amendment to the permit application is sought relate to only part of a 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. 96(4) amended by No. 5/2023 s. 65(4).

    (4)     The Executive Director, within 20 business days after receiving a request under subsection (1), must—

        (a)     agree to the request; or

        (b)     refuse the request if the Executive Director considers that the amendment is so substantial that a new permit application is necessary.

S. 96(4A) inserted by No. 5/2023 s. 65(5).

    (4A)     The Executive Director must notify the applicant within 5 business days after a decision under subsection (4) to agree to the request or to refuse the request.

S. 96(5) repealed by No. 5/2023 s. 65(6).

    *     *     *     *     *

    (6)     Despite section 94, if a request to amend a permit application is made after notice of a permit application is publicly displayed under section 94, the Executive Director may give directions to the applicant in relation to the publication or notification of the amended permit application.

S. 96(7) inserted by No. 5/2023 s. 65(7).

    (7)     The period within which the Executive Director must agree to the request or refuse the request to amend the permit application under subsection (4) stops to run on the day when a direction is given to the applicant under subsection (6) and starts to run when information regarding compliance with that direction is provided to the Executive Director.

S. 96A inserted by No. 5/2023 s. 66.



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