HERITAGE ACT 2004 - SECT 61F Permit to excavate

HERITAGE ACT 2004 - SECT 61F

    (1)     As soon as practicable after receiving an excavation application the council must assess the application and decide whether or not to issue a permit for the proposed archaeological excavation work (an excavation permit ).

    (2)     An excavation permit may be issued with conditions.

    (3)     The council must issue an excavation permit if satisfied on reasonable grounds—

        (a)     that the proposed excavation is a justifiable part of work required at, or near, a registered place or object, or an Aboriginal place or Aboriginal object (a heritage site ); and

        (b)     that there are no reasonably practicable alternatives to the excavation; and

        (c)     that the applicant has identified reasonable steps it will take to reduce the risk of diminishing the heritage significance of, or damage to, the heritage site; and

        (d)     about any other matter prescribed by regulation.

    (4)     The council must give the applicant written notice about a decision under subsection (1), including any conditions associated with a decision to issue a permit, as far as practicable within 15 working days after the decision.