CTHRepealedAct
Australian Heritage Commission Act 1975
24Removal of place from Register
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##### 24 Removal of place from Register
(1) The Commission:
(a) may, of its own motion; or
(b) must, if so directed by the Minister;
inquire whether a place, being a place or part of a place that is in the Register, is to continue to be recorded as part of the national estate.
(1A) Subject to this section, where, after inquiring into the matter, the Commission considers that a place that is in the Register, or is part of a place that is in the Register, should not be recorded as part of the national estate, it must remove that place from the Register.
(2) The Commission shall not remove a place from the Register in accordance with subsection (1A) unless:
(a) it has, by public notice:
(i) stated that it intends to remove the place from the Register; and
(ii) given, in the case of a place forming part of a place in the Register, a description of the place sufficient to identify it; and
(iii) notified persons of their right to object, in writing, to the removal of the place from the Register; and
(iv) specified the date by which such objections are to be made, not being earlier than one month after the date of publication of the notice in the Gazette; and
(v) stated that the Commission will, in dealing with any objection, give upmost consideration to the significance of the place as part of the national estate; and
(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 removal of the place from the Register, the Commission has given 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.
(3) Where a place is removed from the Register in accordance with subsection (1A), the Commission shall by public notice state that the place has been so removed.