CTHRepealedAct
Australian Heritage Commission Act 1975
23Entry of place in Register
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##### 23 Entry of place in Register
(1) Subject to this section, where the Commission considers that a place that is not in the Register should be recorded as part of the national estate it shall enter the place in the Register.
(2) The Commission shall not enter a place in the Register in accordance with subsection (1) unless:
(a) it has, by public notice:
(i) stated that it intends to enter the place in the Register;
(ii) given a description of the place sufficient to identify it;
(iii) notified persons of their right to make written objection to the entry of the place in the Register;
(iv) specified the date by which such objections are to be made, not being earlier than 3 months after the date of publication of the notice in the Gazette;
(v) stated that although such objections may be made on any ground, the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate;
(vi) stated that the Commission will supply, on request:
(A) if the location of the place cannot otherwise be readily understood—a map of the place; and
(B) a statement regarding the significance of the place as part of the national estate; and
(vii) specified an address to which such objections or requests may be forwarded;
(b) the date specified in that notice has passed; and
(c) if a person has, not later than the date specified in that notice, made written objection to the Commission to the entry of the place in the Register, the Commission has given due consideration to that objection.
(2A) If:
(a) a person has, in accordance with a notice under paragraph (2)(a), made written objection to the entry of a place in the Register; and
(b) the Commission has not:
(i) if subparagraph (ii) does not apply—within a period of 12 months from the date specified in the notice; or
(ii) if, before the end of the period specified in subparagraph (i), the Minister has, at the request of the Commission, extended that period—within that period as so extended;
made a decision whether or not the place is to be entered in the Register;
the Commission is to be taken to be of the opinion that the place should not be recorded as part of the national estate.
(3) Where, after the giving of a public notice referred to in paragraph (2)(a) in relation to a place but before the place has been entered in the Register, the Commission becomes of the opinion, whether by reason of its consideration of objections or otherwise, that the place, or a place forming part of the place, should not be recorded as part of the national estate, the Commission shall:
(a) by public notice:
(i) state that it has decided not to enter the place, or that part of the place, in the Register;
(ii) notify interested persons of their right to make written objection to the decision;
(iii) specify the date by which such objections are to be made, not being earlier than 3 weeks after the date of publication of the notice in the Gazette;
(iv) state that, the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate;
(v) state that the Commission will supply, on request:
(A) if the location of the place cannot otherwise be readily understood—a map of the place;
(B) a statement regarding the significance of the place as part of the national estate; and
(C) a statement of the reasons for the Commission’s decision in relation to the place;
(vi) specify an address to which such objections or requests may be forwarded; and
(b) if a person has, not later than the date specified in that notice, made written objection to the Commission to the decision, reconsider that decision giving due consideration to the objection:
(i) if subparagraph (ii) does not apply—within a period of 12 months from the date specified in the notice; or
(ii) if before the end of the period specified in subparagraph (i), the Minister has, at the request of the Commission, extended that period—within that period as so extended.
(4) Where a place is entered in the Register in accordance with subsection (1), the Commission shall by public notice state:
(a) that the place has been so entered; and
(b) that the Commission will supply on request sent to the address specified in the notice:
(i) if the location of the place cannot otherwise be readily understood—a map of the place; and
(ii) a statement regarding the significance of the place as part of the national estate; and
(iii) a statement of the reasons for the Commission’s decision in relation to the place.