Victorian Numbered Regulations Victorian Numbered Regulationsr. 75
If, on the commencement day, a statutory authorisation for an activity is in force, a cultural heritage management plan is not required under regulation 6 for the activity.
Examples
1 When these Regulations commence, a planning permit is in force for a 10 lot residential subdivision in accordance with approved plans. That activity may start after the commencement day without the need for a cultural heritage management plan. If a different subdivision for the same activity area is proposed after the commencement day, the owner could apply for a new permit, and a cultural heritage management plan may be required before the decision is made. Alternatively, if the owner applies to amend the permit, a cultural heritage management plan may be required, unless regulation 16 applies to the amendment.
2 A statutory authorisation in force on the commencement day for an activity that is part of a broader activity (e.g. an authorisation to carry out works in a waterway as part of a project to subdivide land in the vicinity of the waterway) does not, if there is no statutory authorisation for the broader activity, obviate the need for a cultural heritage management plan for the broader activity.