HERITAGE ACT 2004 - SECT 57 Limited access to restricted information

HERITAGE ACT 2004 - SECT 57

    (1)     This section applies if a person applies to access restricted information.

    (2)     The council must give the applicant the restricted information—

        (a)     if land is offered for sale; and

        (b)     the applicant is an interested person for the land, or someone considering buying an interest in the land; and

        (c)     the restricted information is relevant to the conservation and use of the land.

    (3)     The council may give the applicant the restricted information if—

        (a)     the council is satisfied on reasonable grounds that the release of the information will not diminish the heritage significance of a place or object, or damage an Aboriginal place or object; and

        (b)     the applicant satisfies the council that the applicant will use the information for 1 or more of the following:

              (i)     academic research in connection with a recognised tertiary institution;

              (ii)     as a consultant or researcher engaged by an interested person in connection with planning, land management, or a development proposal;

              (iii)     to assess heritage significance;

              (iv)     to assess whether proposed conduct will diminish the heritage significance of a place or object, or damage an Aboriginal place or object.

Note 1     If a form is approved under s 119 for an application, the form must be used.

Note 2     A fee may be determined under s 120 for this provision.

Note 3     Interested person —see s 13.

    (4)     If the council gives a person restricted information the council must, at the same time, give the person a written explanation about the operation of this part.