HERITAGE ACT 2004 - SECT 59 Simplified outline

HERITAGE ACT 2004 - SECT 59

The following notes provide a simplified outline of this part and the Planning Act 2023

, chapter 7 (Development assessment and approvals):

Note 1     Certain development applications to be referred to council

The territory planning authority may be required to refer a development application to the council (see Planning Act 2023

, s 170 and s 171).

Note 2     Council to give advice about development application

The council gives advice to the territory planning authority, within the prescribed number of days, about the effect of a development on the heritage significance of a place or object if the development application is referred to the council (see Planning Act 2023

, s 172). The council may also give the authority advice about the effect of development on heritage significance under this Act, s 60 or make a representation about a development application under the Planning Act 2023

, s 180.

Note 3     Council's advice to be considered

The council's advice must be considered by the decision-maker in deciding a development application referred to the council (see Planning Act 2023

, s 186 (i), s 189 and s 190).

Note 4     Council may apply for review of decision to approve application

The council may apply to the ACAT for review of the territory planning authority's decision to approve a development application if the council—

        (a)     made a representation about the development application under the Planning Act 2023

, s 180; and

        (b)     is an eligible entity under that Act, ch 15 (Notification and review of decisions) (see Planning Act 2023

, s 504 and s 506 and sch 5, pt 5.2, item 2, item 6 and item 8).