Victorian Numbered Regulations

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ABORIGINAL HERITAGE REGULATIONS 2007 (SR NO 41 OF 2007) - REG 16

Amendments to a statutory authorisation

    (1)     The construction of a building or the construction or the carrying out of works authorised by an amendment to a statutory authorisation is an exempt activity if—

        (a)     the building or works are located in an area that has been subject to significant ground disturbance; and

        (b)     the     statutory authorisation was granted before the commencement day.

Example

A permit was granted under the Planning and Environment Act 1987 for a dam before these Regulations commenced. The dam requires a licence to construct under section 67(1A) the Water Act 1989 . An amendment to the permit is sought so the dam may be constructed at a different location on the land. The new location has been subject to significant ground disturbance. The dam, as proposed by the amendment, is an exempt activity.

    (2)     The construction of a building or the construction or the carrying out of works authorised by an amendment to a statutory authorisation is an exempt activity if—

        (a)     there is an approved cultural heritage management plan in relation to the area to be affected by the building or works; and

        (b)     the building or works are not inconsistent with that plan; and

        (c)     the     statutory authorisation was granted after the commencement day.

Example

A permit was granted under the Planning and Environment Act 1987 for a motor racing track after these Regulations commenced. An amendment is later sought to add a lane to the track, which would enable a larger vehicle to race. Constructing the additional lane is inconsistent with a cultural heritage management plan that was approved before the track was established. The additional lane is not an exempt activity.



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