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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 41 Correction and minor amendment of permits

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 41

Correction and minor amendment of permits

(1)  This section applies if, pursuant to section 42D , 43 , 55 or 56 of the Planning Act or section 43J or 43K of the former Planning Act, an authority intends to make any correction or minor amendment of a discretionary permit in respect of which it has been given a notification by the Heritage Council under section 39(6)(a) or (b) section 39A(6)(a) or (b) .
(2)  Before making the correction or minor amendment, the authority must –
(a) consult the Heritage Council; and
(b) have regard to any submissions made by the Heritage Council pursuant to that consultation.
(3)  However, the authority is not obliged to comply with subsection (2) if it reasonably determines that the correction or minor amendment will have no impact on –
(a) historic cultural heritage significance; or
(b) any permit condition required by the Heritage Council under section 39(6)(b) or section 39A(6)(b) .
(4)  In this section –
authority means the Commission or a planning authority.