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PLANNING AND DEVELOPMENT ACT 2005 - SECT 79

PLANNING AND DEVELOPMENT ACT 2005 - SECT 79

79 .         Heritage Council’s advice to be sought in some cases

                If an entry in the register established and maintained under the Heritage Act 2018 section 35(1) or in any local heritage survey prepared under section 103(1) of that Act relates to land or waters that are within or abut a local government district, the local government in preparing or amending a local planning scheme —

            (a)         is to refer the proposed scheme or amendment to the Heritage Council for advice in so far as any proposal under that scheme or amendment affects or may affect any such land or waters; and

            (b)         is to have regard to any advice given; and

            (c)         is not to proceed, without the consent of the Minister, with the proposal unless or until that advice has been received.

        [Section 79 amended: No. 22 of 2018 s. 186(4).]