Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 88

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24A     Approval application may need to be referred to other entities

    (1)     The conservator must, within 3 days after the day the conservator receives the application, give a copy of the application to the following:

        (a)     if the application relates to a tree that forms part of a place with heritage significance—the heritage council;

        (b)     if the application relates to a tree that is an Aboriginal heritage tree—each representative Aboriginal organisation.

    (2)     However, the conservator is not required to give a copy of the application to an entity mentioned in subsection (1) if the conservator is satisfied that—

        (a)     the—

              (i)     applicant has adequately consulted the entity about the application not earlier than 6 months before the day the application is made; and

              (ii)     entity agrees in writing to the activity proposed in the application; or

        (b)     if the entity is the heritage council—the activity proposed in the application is included in a development application given to the council under the Planning and Development Act 2007

, section 148.

    (3)     A written agreement to an activity mentioned in subsection (2) (a) (ii) is taken to be advice on the application received in accordance with section 24B.

24B     Time for referral entity to give advice on application

    (1)     This section applies if an application is referred to an entity under section 24A.

    (2)     The entity must give the conservator the entity's advice on the application not later than 10 working days after the day the conservator gives the application to the entity or, if a shorter period is prescribed by regulation, not later than the end of the shorter period.

Note 1     A written agreement to an activity proposed in the application is taken to be advice given in accordance with this section in relation to an application (see s 24A (3)).

Note 2     For how documents may be given, see the Legislation Act

, pt 19.5.

24C     Effect of no response by referral entity

If an entity does not give advice on an application referred to the entity in accordance with section 24B, the entity is taken to have given advice that the entity supports the application.