Australian Capital Territory Consolidated Acts

HERITAGE ACT 2004 - SECT 59

The following notes provide a simplified outline of this part and the Planning and Development Act 2007 , chapter 7:

Note 1     Council to be given copy of certain development applications

The planning and land authority may be required to give the council a copy of each development application for a development proposal in the merit or impact track (see Planning and Development Act 2007 , s 148). This requirement would not apply to a development application for a development proposal in the code track (see Planning and Development Act 2007 , s 117 (c)).

Note 2     Council to give advice on application

The council gives advice to the planning and land authority 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 and Development Act 2007 , s 149, s 150 and s 151).

Note 3     Council's advice to be considered

The council's advice must be considered by the planning and land authority in approving or refusing to approve a development application referred to the council (see Planning and Development Act 2007 , s 119 (2), s 120 (d), s 128 (2) and s 129 (e)).

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

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

        (a)     made a representation about the proposal under the Planning and Development Act 2007 , s 156; and

        (b)     is an eligible entity under that Act, ch 13 (Review of decisions) (see Planning and Development Act 2007 , s 408 and s 419, and sch 1, item 4 and item 6).