(2) Subsection (1) does not apply to a nomination of a place if the Minister had, before the commencement of this section, included the place in the Commonwealth Heritage List under section 341F (as in force before the commencement of this section).
Nominations in relation to later assessment periods
(3) Within 30 business days after the cut‑off date (the current cut‑off date) specified in the notice under subsection 341H(1) for an assessment period (other than the first), the Minister must give the Australian Heritage Council the nominations that were received by the Minister in the period:
(a) starting immediately after the end of the cut‑off date specified in the notice under subsection 341H(1) for the immediately preceding assessment period; and
(b) ending at the end of the current cut‑off date;
other than any such nominations that the Minister has rejected under subsection (4).
Minister may reject nominations
(4) The Minister may, in writing, reject a nomination if the Minister considers that:
(a) the nomination is vexatious, frivolous or not made in good faith; or
(b) the Minister considers that regulations referred to in paragraph 341H(3)(b) or (c) have not been complied with in relation to the nomination.
(5) If a nomination is rejected under paragraph (4)(b), the Minister must, if practicable, notify the person who made the nomination of the rejection of the nomination and the reason for the rejection.
Definition
(6) In this section:
nomination means a nomination of a place for inclusion in the Commonwealth Heritage List.
341JA Australian Heritage Council to prepare proposed priority assessment list
(1) Within 40 business days after the Australian Heritage Council receives the nominations as required by subsection 341J(1) in relation to an assessment period, the Council must prepare and give to the Minister a list (the proposed priority assessment list) for the assessment period.
(2) The proposed priority assessment list is to consist of such of the places that are eligible for assessment consideration in relation to the assessment period as the Australian Heritage Council considers it appropriate to include in the list, having regard to:
(a) the Council’s own views about what should be given priority in relation to the assessment period; and
(b) the Council’s capacity to make assessments under this Division while still performing its other functions; and
(c) any other matters that the Council considers appropriate.
(3) A place is eligible for assessment consideration in relation to the assessment period if:
(a) the place has been nominated by a nomination referred to in subsection (1); or
(b) the Council itself wishes to nominate the place for inclusion in the Commonwealth Heritage List; or
(c) the place was eligible for assessment consideration, otherwise than because of this paragraph, in relation to the immediately preceding assessment period (if any) but was not included in the finalised priority assessment list for that assessment period; or
(d) each part of the place is either a place to which paragraph (a) applies, a place to which paragraph (b) applies or a place to which paragraph (c) applies.
(4) Without limiting the generality of the Australian Heritage Council’s discretion under subsection (2), the Council does not have to include in the proposed priority assessment list a place that has been nominated if the Council considers that it is unlikely that the place has any Commonwealth Heritage values. For this purpose, the Council is not required to have regard to any information beyond the information that was included in the nomination.
(5) The proposed priority assessment list is not a legislative instrument.
341JB Matters to be included in proposed priority assessment list
(1) The proposed priority assessment list for an assessment period is to include, for each place in the list:
(a) a description of the place; and
(b) an assessment completion time; and
(c) any other information required by the regulations.
(2) The assessment completion time for a place must be either:
(a) a time that is at or before the end of the assessment period to which the list relates; or
(b) if the Australian Heritage Council considers it likely that making an assessment in relation to the place will take a period that is longer than 12 months—the end of that longer period (calculated from the start of the assessment period).
341JC Statement to be given to Minister with proposed priority assessment list
(1) When the Australian Heritage Council gives the Minister the priority assessment list for an assessment period, the Council must also give the Minister a statement setting out such information as the Council considers appropriate relating to:
(a) for each place that is included in the list—why the Council included the place in the list; and
(b) for each place that is not included in the list but that was eligible for assessment consideration because of paragraph 341JA(3)(a) or (c)—why the Council did not include the place in the list.
(2) The statement must also identify, as places nominated by the Australian Heritage Council:
(a) any places that are included in the list because the Council itself wishes to nominate them (see paragraph 341JA(3)(b)); and
(b) any places that are included in the list because of paragraph 341JA(3)(d) that consist of one or more places to which paragraph 341JA(3)(b) applies.
341JD The finalised priority assessment list
(1) Within 20 business days after the Minister, under section 341JA, receives the proposed priority assessment list for an assessment period, the Minister may, in writing, make changes to the list as mentioned in subsection (2).
(2) The changes the Minister may make are as follows:
(a) including a place in the list (and also including the matters referred to in subsection 341JA(1));
(b) omitting a place from the list (and also omitting the matters referred to in subsection 341JA(1));
(c) changing the assessment completion time for a place in the list;
(d) any other changes of a kind permitted by the regulations.
(3) In exercising the power to make changes, the Minister may have regard to any matters that the Minister considers appropriate.
(4) At the end of the period of 20 business days referred to in subsection (1), the list, as changed (if at all) by the Minister, becomes the finalised priority assessment list for the assessment period.
(5) The Minister must notify the Australian Heritage Council of all changes that the Minister makes to the list.
(6) The finalised priority assessment list is not a legislative instrument.
341JE Publication of finalised priority assessment list
(1) The Australian Heritage Council must publish the finalised priority assessment list for an assessment period on the internet.
(2) The Australian Heritage Council must also publish the finalised priority assessment list in accordance with any requirements of the regulations.
341JF Australian Heritage Council to invite comments on places in finalised priority assessment list
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must publish a notice inviting people to make comments on the place.
(2) The Australian Heritage Council may, under subsection (1), publish a single notice relating to all of the places on the finalised priority assessment list, or may publish a number of separate notices, each of which relates to one or more of the places.
(3) A notice under subsection (1), in relation to a place or places:
(a) must be published in accordance with the regulations referred to in paragraph (4)(a); and
(b) must identify the place or places to which the notice relates; and
(c) must invite people to make comments, to the Australian Heritage Council, about:
(i) whether the place or places meet any of the Commonwealth Heritage criteria; and
(ii) whether the place or places should be included in the Commonwealth 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 (4)(b), apply to making comments; and
(f) may also invite people to comment on other matters that the Australian Heritage Council considers appropriate; and
(g) may also include any other information that the Australian Heritage Council considers appropriate.
(4) The regulations must provide for the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making comments.
341JG Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must (by the time required by section 341JH):
(a) make a written assessment whether the place meets any of the Commonwealth Heritage criteria; and
(b) give to the Minister:
(i) the written assessment (or a copy of it); and
(ii) a copy of the comments referred to in paragraphs (2)(a) and (b) (whether or not they have all been taken into account under subsection (2)).
(2) In making an assessment in relation to a place, the Australian Heritage Council, subject to subsections (3) and (4):
(a) must take into account the comments the Council receives in response to the notice under subsection 341JF(1) in relation to the place; and
(b) may take into account the comments the Council receives in response to the opportunity referred to in paragraph (5)(c); and
(c) may seek, and have regard to, information or advice from any source.
(3) The Australian Heritage Council is not required to take a comment referred to in paragraph (2)(a) into account if:
(a) the Council does not receive the comment until after the cut‑off date specified in the notice under subsection 341JF(1) in relation to the place; or
(b) the Council considers that regulations referred to in paragraph 341JF(4)(b) have not been complied with in relation to the comment.
(4) In making an assessment, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets any of the Commonwealth Heritage criteria.
(5) If, in making an assessment, the Australian Heritage Council considers that a place within the Australian jurisdiction might have one or more Commonwealth Heritage values, the Council must:
(a) take all practicable steps:
(i) to identify each person who is an owner or occupier of all or part of the place; and
(ii) if the Council considers the place might have an indigenous heritage value—to identify each Indigenous person who has rights or interests in all or part of the place; and
(b) take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the Commonwealth Heritage criteria; and
(c) give persons advised at least 20 business days to comment in writing whether the place should be included in the Commonwealth Heritage List.
(6) If the Australian Heritage Council is satisfied that there are likely to be at least 50 persons referred to in subparagraph (5)(a)(i), the Council may satisfy the requirements of subsection (5) in relation to those persons by including the information referred to in paragraphs (5)(b) and (c) 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.
(7) If:
(a) the Australian Heritage Council considers that the place might have an indigenous heritage value; and
(b) there are Indigenous persons who:
(i) have rights or interests in all or part of the place; and
(ii) are neither owners nor occupiers of all or part of the place; and
(c) the Australian Heritage Council is satisfied that there is a body, or there are bodies, that can appropriately represent those Indigenous persons in relation to those rights and interests;
the Australian Heritage Council may satisfy the requirements of subsection (5) in relation to those Indigenous persons by giving the information referred to in paragraphs (5)(b) and (c) to that body or those bodies.
341JH Time by which assessments to be provided to Minister
(1) Subsection 341JG(1) must be complied with, in relation to a place included in the finalised priority assessment list for an assessment period, by the assessment completion time specified in the list for the place, or by that time as extended under this section.
(2) The Australian Heritage Council may request the Minister to extend the assessment completion time (or that time as previously extended) if the Council considers that it needs more time to make the assessment.
(3) The Minister may, in response to a request under subsection (2), extend the assessment completion time (or that time as previously extended) by such period (if any) as the Minister considers appropriate. However, the total length of all extensions of the assessment completion time must not be more than 5 years.
(4) An extension under subsection (3) must be made in writing.
(5) If the Minister grants an extension under this section, the Minister must publish particulars of the extension in a way that the Minister considers appropriate.
341JI Decision about inclusion of a place in the Commonwealth Heritage List
Minister to decide whether or not to include place
(1) After receiving from the Australian Heritage Council an assessment under section 341JG whether a place (the assessed place) meets any of the Commonwealth Heritage criteria, the Minister must:
(a) by instrument published in the Gazette, include in the Commonwealth Heritage List:
(i) the assessed place or a part of the assessed place; and
(ii) the Commonwealth Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or
(b) in writing, decide not to include the assessed place in the Commonwealth Heritage List.
Note: The Minister may include a place in the Commonwealth Heritage List only if the Minister is satisfied that the place has one or more Commonwealth Heritage values (see subsection 341C(2)).
(2) Subject to subsection (3), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.
(3) The Minister may, in writing, extend or further extend the period for complying with subsection (1).
(4) Particulars of an extension or further extension under subsection (3) must be published on the internet and in any other way required by regulations.
(5) For the purpose of deciding what action to take under subsection (1) in relation to the assessed place:
(a) the Minister must have regard to:
(i) the Australian Heritage Council’s assessment whether the assessed place meets any of the Commonwealth Heritage criteria; and
(ii) the comments (if any), a copy of which were given to the Minister under subsection 341JG(1) with the assessment; and
(b) the Minister may seek, and have regard to, information or advice from any source.
Additional requirements if Minister decides to include place
(6) If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed place), in the Commonwealth Heritage List, he or she must, within a reasonable time:
(a) take all practicable steps to:
(i) identify each person who is an owner or occupier of all or part of the assessed place; and
(ii) advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the Commonwealth Heritage List; and
(b) if the assessed place:
(i) was nominated; or
(ii) was included in a place that was nominated; or
(iii) includes a place that was nominated;
by a person in response to a notice under subsection 341H(1)—advise the person that the assessed place, or the listed part of the assessed place, has been included in the Commonwealth Heritage List; and
(c) publish a copy of the instrument referred to in paragraph (1)(a) on the internet; and
(d) publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.
(7) Paragraph (6)(a) does not apply unless the assessed place is within the Australian jurisdiction.
(8) If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph (6)(a)(i), 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 assessed place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the assessed place;
(c) displays in public buildings at or near the assessed place.
Additional requirements if Minister decides not to include place
(9) If the Minister decides not to include the assessed place in the Commonwealth Heritage List, the Minister must, within 10 business days after making the decision:
(a) publish the decision on the internet; and
(b) if the assessed place:
(i) was nominated; or
(ii) was included in a place that was nominated; or
(iii) includes a place that was nominated;
by a person in response to a notice under subsection 341H(1)—advise the person of the decision, and of the reasons for the decision.