(2) A notice under subsection (1) in relation to a place:
(a) must be published in accordance with the regulations referred to in paragraph (3)(a); and
(b) must contain the following:
(i) a description of the place;
(ii) a statement that the place has been included in the National Heritage List, and that specifies the National Heritage values that have been included in the List in relation to the place;
(iii) the date on which the place was so included; and
(c) must invite people to make comments, to the Australian Heritage Council, about:
(i) whether the place meets any of the National Heritage criteria; and
(ii) whether the place should continue to be included in the National Heritage List; and
(d) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (3)(b), apply to making comments.
(3) The regulations may provide for either or both of the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making comments.
324JO Australian Heritage Council to assess place and give assessment to Minister
(1) Section 324JH applies in relation to a request under subsection 324JM(1) as if:
(a) a reference in section 324JH to a place included in the finalised priority assessment list for an assessment period were a reference to the place to which the request relates; and
(b) a reference in section 324JH to the notice under subsection 324JG(1) in relation to the place were a reference to the notice under subsection 324JN(1) in relation to the place; and
(c) a reference in section 324JH to regulations referred to in paragraph 324JG(4)(b) were a reference to regulations referred to in paragraph 324JN(3)(b); and
(d) a reference in section 324JH to whether the place should be included in the National Heritage List were a reference to whether the place should continue to be included in the National Heritage List.
(2) A reference in another provision of this Act to section 324JH, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.
324JP Time by which assessments to be provided to Minister
(1) Section 324JI applies in relation to a request under subsection 324JM(1) as if:
(a) a reference in section 324JI to a place included in the finalised priority assessment list for an assessment period were a reference to the place to which the request relates; and
(b) a reference in section 324JI to the assessment completion time specified in the list for the place were a reference to the assessment completion time specified in the request.
(2) A reference in another provision of this Act to section 324JI, or to a provision of that section, includes a reference to that section or provision as it applies because of this section.
324JQ Decision about place remaining in the National Heritage List
Minister to decide whether place should remain listed
(1) Within 12 months after the inclusion of a place in the National Heritage List under section 324JL, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3):
(a) do one of the following:
(i) state that the place remains in the National Heritage List with its boundary unaltered;
(ii) alter the boundary of the place described in the National Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);
(iii) remove from the National Heritage List the place and its National Heritage values; and
(b) if the place is not removed from the National Heritage List under subparagraph (a)(iii)—do all or any of the following:
(i) state that specified National Heritage values included in the List under section 324JL for the place remain in the List for the place;
(ii) include in the List for the place specified National Heritage values of the place that were not included in the List under section 324JL for the place;
(iii) remove from the List for the place specified National Heritage values that were included in the List under section 324JL for the place.
(2) The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Australian Heritage Council under section 324JH in relation to the place.
(3) The Minister must not take action under subsection (1) that results in the place remaining in the National Heritage List (whether or not with the same or a different boundary) unless the Minister is satisfied that the place has one or more National Heritage values.
Listing lapses automatically if action not taken within 12 months of listing
(4) If the Minister does not take action under subsection (1) within the period referred to in that subsection, the place, and its listed National Heritage values, are automatically removed from the National Heritage List, by force of this subsection, at the end of that period.
Note: This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).
Matters to be considered
(5) For the purpose of deciding what action to take under subsection (1) in relation to the place:
(a) the Minister must have regard to:
(i) the Australian Heritage Council’s assessment whether the place meets any of the National Heritage criteria; and
(ii) the comments (if any), a copy of which were given to the Minister under subsection 324JH(1) with the assessment; and
(b) the Minister may seek, and have regard to, information or advice from any source.
Disapplying section 324L
(6) Section 324L does not apply to:
(a) an alteration of the boundary of the place, under subparagraph (1)(a)(ii) of this section, that has the effect of removing part of the place from the National Heritage List; or
(b) the removal of the place and its National Heritage values under subparagraph (1)(a)(iii) of this section; or
(c) the removal of a National Heritage value of the place under subparagraph (1)(b)(iii) of this section.
Minister to publish copy or summary of subsection (1) notice
(7) The Minister must publish a copy or summary of the instrument referred to in subsection (1). The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.
Additional requirements if place etc. is removed under subsection (1)
(8) If, under subsection (1), the Minister removes from the National Heritage List the place or a National Heritage value of the place, or alters the boundary of the place described in the List, the Minister must, within 10 business days after the removal or alteration:
(a) publish a copy of the instrument referred to in subsection (1) on the internet; and
(b) advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal or alteration.
Note: For the obligation to identify owners or occupiers, see subsection 324JL(3).
Requirements if place is removed under subsection (4)
(9) If, under subsection (4), the place, and its listed National Heritage values, are removed from the National Heritage List, the Minister must, within 10 business days after the removal:
(a) publish notice of the removal on the internet; and
(b) advise each person identified by the Minister as an owner or occupier of all or part of the place of the removal.
Note: For the obligation to identify owners or occupiers, see subsection 324JL(3).
Alternative methods of notifying owners and occupiers
(10) If the Minister is satisfied that there are likely to be at least 50 persons referred to in paragraph (8)(b) or (9)(b), the Minister may satisfy the requirements of that paragraph in relation to those persons by including the advice referred to in that paragraph in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the place;
(c) displays in public buildings at or near the place.
Subdivision BC—Other provisions relating to the National Heritage List
324JR Co‑ordination with Scientific Committee—Council undertaking assessment
(1) This section applies if:
(a) the Australian Heritage Council undertakes an assessment of a place under Subdivision BA or Subdivision BB; and
(b) before giving the assessment to the Minister, the Council becomes aware that:
(i) the Scientific Committee is undertaking, or has undertaken, an assessment under Division 1 of Part 13; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).
(2) A member of the Australian Heritage Council may discuss the matter with a member of the Scientific Committee.
(3) Before the Australian Heritage Council gives an assessment of the place to the Minister under Subdivision BA or Subdivision BB, the Council must comply with subsection (4) or (6).
(4) If the Scientific Committee has not yet given the Minister an assessment that deals with that matter, the Australian Heritage Council must:
(a) give the Scientific Committee a copy of the assessment of the place that the Council proposes to give to the Minister; and
(b) invite the Scientific Committee to give the Council its comments in relation to that matter; and
(c) take into account, in finalising the assessment of the place that the Council gives the Minister, any comments that the Scientific Committee makes in relation to that matter in response to that invitation within 14 days, or such longer period as is specified in the invitation, after being given the invitation.
(5) If the Australian Heritage Council gives the Scientific Committee a copy of a proposed assessment of a place under paragraph (4)(a), the Council must also give the Scientific Committee a copy of the assessment of that place that the Council gives the Minister.
(6) If:
(a) the Scientific Committee has already given the Minister an assessment that deals with that matter; and
(b) the Australian Heritage Council has been given a copy of that assessment;
the Australian Heritage Council must take that assessment into account in finalising the assessment of the place that the Council gives the Minister.
(7) If, under section 194S or 194T, the Scientific Committee gives the Australian Heritage Council a proposed assessment, or an assessment, that deals with a particular matter because the Council is undertaking an assessment that deals with that matter, a member of the Council may discuss that matter with a member of the Scientific Committee.
(8) Subsection (2), paragraph (4)(a) and subsections (5) and (7) have effect despite section 324R.
324JS Co‑ordination with Scientific Committee—Council given assessment to Minister
(1) This section applies if:
(a) the Australian Heritage Council has given to the Minister an assessment of a place under Subdivision BA or Subdivision BB; and
(b) the Council is aware that:
(i) the Scientific Committee is undertaking an assessment under Division 1 of Part 13; and
(ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).
(2) The Australian Heritage Council must, within 7 days after becoming aware as referred to in paragraph (1)(b):
(a) ensure the Scientific Committee is aware of the existence of the paragraph (1)(a) assessment dealing with the matter; and
(b) give the Scientific Committee a copy of the assessment.
(3) A member of the Australian Heritage Council may discuss the matter with a member of the Scientific Committee.
(4) Subsections (2) and (3) have effect despite section 324R.
324K Listing process not affected by changing boundaries of a place
(1) This section is about compliance with a provision of Subdivision BA or BB that requires or permits an act to be done in relation to the place identified by express or implied reference to an earlier provision of that Subdivision.
(2) It is sufficient compliance with the provision if the act is done in relation to a place whose boundary overlaps the boundary of the place identified by reference to the earlier provision.
(3) This section does not affect the validity of the act so far as that depends on something other than the act being done in relation to the place.
324L Removal of places or National Heritage values from the National Heritage List
(1) The Minister may remove all or part of a place from the National Heritage List only if the Minister is satisfied that:
(a) ignoring subsection 324D(2), the place no longer has any National Heritage values or the part no longer contributes to any of the National Heritage values of the place; or
(b) it is necessary in the interests of Australia’s defence or security to do so.
Note: A place or part of a place may also be removed from the National Heritage List under subsection 324JQ(1).
(2) The Minister may remove one or more National Heritage values included in the National Heritage List for a National Heritage place only if the Minister is satisfied that:
(a) ignoring subsection 324D(2), the place no longer has the National Heritage value or values; or
(b) it is necessary in the interests of Australia’s defence or security to do so.
(3) The Minister may remove all or part of a place, or a National Heritage value of a place, only by an instrument including a statement of the reasons for the removal.
Note 1: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 324M).
Note 2: For requirements relating to the instrument under the Legislation Act 2003, see subsections (5) and (6) of this section.
(4) The instrument must deal with only one of the following kinds of removal:
(a) removal (removal for loss of value) of a place, part or National Heritage value because of paragraph (1)(a) or (2)(a);
(b) removal of a place, part or National Heritage value because of paragraph (1)(b) or (2)(b).
If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.
(5) If the instrument deals only with removal for loss of value:
(a) it is a legislative instrument; and
(b) it takes effect on the first day it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.
(6) If subsection (5) does not apply to the instrument, it is a notifiable instrument.
Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.
324M Minister must consider advice of the Australian Heritage Council and public comments
(1) Before the Minister removes from the National Heritage List under section 324L all or part of a place or one or more of a place’s National Heritage values in a removal for loss of value, the Minister must:
(a) give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and
(b) publish, on the internet, in a daily newspaper circulating in each State and self‑governing Territory and in each other way required by the regulations (if any), a notice:
(i) describing the proposed removal; and
(ii) inviting anyone to give the Minister comments, within 20 business days, on the proposed removal.
The Minister must publish the notice within 20 business days of giving the request.
(2) The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister.
(3) The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice.
(4) In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the National Heritage values of the place concerned.
(5) The Minister must:
(a) decide whether to remove from the National Heritage List the place or part concerned, or the National Heritage value or values of the place concerned; and
(b) if the Minister decides to remove the place or part, or the National Heritage value or values of the place—ensure that an instrument removing the place, part or National Heritage value or values is made under subsection 324L(3);
within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.
324N Specifying one or more additional National Heritage values for a National Heritage place
(1) The regulations may make provision for, or in relation to, the specification in the National Heritage List of additional National Heritage values in relation to National Heritage places.
(2) Without limiting the generality of subsection (1), regulations may make provision as mentioned in that subsection by specifying modifications of provisions of this Act. However, regulations must not:
(a) increase, or have the effect of increasing, the maximum penalty for any offence; or
(b) widen, or have the effect of widening, the scope of any offence.
324P National Heritage List must be publicly available
The Minister must ensure that:
(a) up‑to‑date copies of the National Heritage List are available for free to the public on request; and
(b) an up‑to‑date copy of the National Heritage List is available on the internet.
Note: The copies of the National Heritage List made publicly available may not contain certain information kept confidential under section 324Q.