s. 45 area prohibited by subsection (1)(a)(xii) or within 100 metres below that area. S. 45(4A) (4A) A licensee may, with the consent of the Executive inserted by Director (within the meaning of the Heritage Act No. 18/1997 1995) in respect of a place or object that is s. 3(3), amended by included in the Heritage Register established No. 63/2006 under the Heritage Act 1995, do work within the s. 33(4). area that is prohibited in relation to that place or object by subsection (1)(a)(xiii), or within 100 metres below that area. S. 45(4B) (4B) A licensee may, with the consent of the Executive inserted by Director (within the meaning of the Heritage Act No. 18/1997 s. 3(3). 1995), in respect of an archaeological site on the Heritage Inventory established under the Heritage Act 1995, other than an archaeological site which is a place or object to which subsection (4A) applies, do work within the area that is prohibited in relation to that archaeological site by subsection (1)(a)(xiii) or within 100 metres below that area. (5) An owner who consents under subsection (2), or a S. 45(5) amended by person or a body that consents under subsection Nos 18/1997 (4), (4A) or (4B), may make the consent s. 3(4), 82/2000 conditional on the following matters only— s. 45(4), substituted by (a) specified distance restrictions; No. 63/2006 s. 33(5). (b) specified depth restrictions. * * * * * S. 45(6) substituted by No. 82/2000 s. 45(5), repealed by No. 16/2006 s. 198(Sch. 2 item 5(6)). (7) In this section— S. 45(7) inserted by No. 63/2006 means a building that is used dwelling house s. 33(6). primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary
area prohibited by subsection (1)(a)(xii) or within 100 metres below that area. S. 45(4A) inserted by No. 18/1997 s. 3(3), amended by No. 63/2006 s. 33(4). (4A) A licensee may, with the consent of the Executive Director (within the meaning of the Heritage Act 1995) in respect of a place or object that is included in the Heritage Register established under the Heritage Act 1995, do work within the area that is prohibited in relation to that place or object by subsection (1)(a)(xiii), or within 100 metres below that area. S. 45(4B) inserted by No. 18/1997 s. 3(3). (4B) A licensee may, with the consent of the Executive Director (within the meaning of the Heritage Act 1995), in respect of an archaeological site on the Heritage Inventory established under the Heritage Act 1995, other than an archaeological site which is a place or object to which subsection (4A) applies, do work within the area that is prohibited in relation to that archaeological site by subsection (1)(a)(xiii) or within 100 metres below that area. S. 45(5) amended by Nos 18/1997 s. 3(4), 82/2000 s. 45(4), substituted by No. 63/2006 s. 33(5). (5) An owner who consents under subsection (2), or a person or a body that consents under subsection (4), (4A) or (4B), may make the consent conditional on the following matters only— s. 45 (a) specified distance restrictions; (b) specified depth restrictions. S. 45(6) substituted by No. 82/2000 s. 45(5), repealed by No. 16/2006 s. 198(Sch. 2 item 5(6)). * * * * * S. 45(7) inserted by No. 63/2006 s. 33(6). (7) In this section— dwelling house means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary