(1)  This section applies if, in respect of a combined permit application, the Heritage Council gives the relevant planning authority the notification referred to in section 36(3)(b) .

(2)  The Heritage Council is to further consider the combined permit application and in so doing –

(a) is to have regard to the likely impact of the proposed heritage works on the historic cultural heritage significance of the relevant registered place or heritage area; and

(b) is to have regard to any matters prescribed by the regulations for the purposes of this subsection; and

(c) is to have regard to any relevant works guidelines; and

(d) may liaise with the relevant planning authority.

(3)  As soon as practicable after the application day, the Heritage Council may notify the relevant planning authority that it requires an extra 14 days to consider the combined permit application, in which case the relevant planning authority is to notify the applicant of the Heritage Council's requirement.

(4)  If the Heritage Council makes a notification under subsection (3) in relation to the combined permit application, the assessment period for that application is extended by 14 days.

(5)  If the relevant planning authority becomes aware that the length of the assessment period for the combined permit application has been extended or shortened under any Act, the relevant planning authority is to notify the Heritage Council as soon as practicable after becoming so aware.

(6)  At least 7 days before the assessment period for the combined permit application expires, the Heritage Council is to notify the relevant planning authority that –

(a) the Heritage Council consents to the combined permit being granted; or

(b) the Heritage Council consents to the combined permit being granted subject to the conditions specified in the notification; or

(c) the combined permit should be refused.

(7)  For the purposes of subsection (6)(b) , without limiting the discretion of the Heritage Council, the Heritage Council may specify conditions that –

(a) set standards by which the heritage works are to be carried out; and

(b) require that suitably qualified persons be engaged to supervise, manage or do the heritage works or any part or stage of the heritage works; and

(c) require that arrangements be made for the curation and storage of items removed from the registered place or heritage area; and

(d) require that a photographic or other record be made of the heritage works or any part or stage of the heritage works.

(8)  If subsection (6)(a) applies or the Heritage Council fails to give the relevant planning authority a notification of any kind under subsection (6) within the time that subsection requires, then, subject to section 39C(5)  –

(a) the relevant planning authority may determine the application without further reference to the Heritage Council; and

(b) once it has determined the application, the relevant planning authority is to notify the Heritage Council of its determination.

(9)  If subsection subsection (6)(b) applies and the relevant planning authority decides to grant the combined permit –

(a) it must do so subject to (at least) the conditions specified in the notification given by the Heritage Council under subsection (6) ; and

(b) it must not decide to make the combined permit subject to a condition that conflicts with any condition specified in the notification given by the Heritage Council under subsection (6) .

(10)  If subsection (6)(c) applies, the relevant planning authority must make a decision to refuse to grant the combined permit.

(11)  The relevant planning authority must –

(a) as soon as practicable after deciding under section 40Y of the Planning Act or section 43F(1) of the former Planning Act to grant, or refuse to grant, the combined permit, provide a copy of that decision to the Heritage Council; and

(b) within 7 days after the expiration of the relevant exhibition period, provide the Heritage Council with a copy of representations received in relation to the combined permit under section 41(1) of the Planning Act or section 43F(5) of the former Planning Act.

(12)  The Heritage Council must, within 28 days after receiving representations under subsection (11), provide a report to the Commission containing –

(a) a statement of its opinion as to the merit of each representation that addresses historic cultural heritage concerns, including, in particular, its views as to the need, in light of that representation, for modification of the relevant planning authority's decision in relation to the combined permit application; and

(b) the recommendations, in respect of the decision in relation to the combined permit application, that the Heritage Council thinks fit.

(13)  The Commission must, before making a decision in relation to the combined permit application under section 42B(1) of the Planning Act or section 43H(1) of the former Planning Act, consider the statements and recommendations provided to the Commission in relation to that application by the Heritage Council under this section.

(14)  The Commission must give the Heritage Council notice in writing of any decision the Commission makes under section 42B(1) of the Planning Act or section 43H(1) of the former Planning Act in relation to the combined permit application.

(15)  In this section –

relevant exhibition period , in relation to a combined permit application, means –

(a) in the case of an application under section 40T of the Planning Act that accompanies a request to amend an LPS, the period specified, in accordance with section 40G(3)(a) of that Act, in the exhibition notice as the exhibition period for the consequent draft amendment of the LPS; and

(b) in the case of an application under section 43A of the former Planning Act that accompanies a request to amend a planning scheme, the exhibition period under section 38(1)(a) of that Act for the consequent draft amendment of the planning scheme.