Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 90

insert

34A     Proposal or application may need to be referred to other entities

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

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

        (b)     if the proposal or 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 34B.

34B     Time for referral entity to give advice on proposal or application

    (1)     This section applies if a proposal or application is referred to an entity under section 34A.

    (2)     The entity must give the conservator the entity's advice on the proposal or application not later than 10 working days after the day the conservator gives the proposal or 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 proposal or application is taken to be advice given in accordance with this section in relation to an application (see s 34A (3)).

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

, pt 19.5.

34C     Effect of no response by referral entity

If an entity does not give advice on a proposal or application referred to the entity in accordance with section 34B, the entity is taken to have given advice that the entity supports the proposal or application.