Australian Capital Territory Current Acts

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HERITAGE ACT 2004 - SECT 61

Requirements for council's advice about development

    (1)     This section applies if the council gives advice—

        (a)     under section 60 about the effect of a development on a place or object that has, or is likely to have, heritage significance; or

        (b)     under the Planning Act 2023

, section 172 in relation to a development application.

    (2)     The council's advice must include the following:

        (a)     an outline of the effect of the development on the heritage significance of the place or object;

        (b)     advice about ways of avoiding or minimising the impact of the development on the heritage significance of the place or object.

    (3)     Without limiting subsection (2), the advice may set out proposed conditions on any approval of the development, including conditions requiring compliance with 1 or more of the following:

        (a)     if it is not reasonably practicable for the development to avoid harming the place or object—the reasonable steps that must be taken to minimise the extent of the harm;

        (b)     conservation requirements under applicable heritage guidelines;

        (c)     a conservation management plan approved by the council.



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