167Certificates

167 Certificates

167 Certificates

(1) A person may, on payment of the prescribed fee, apply to the Heritage Council for a certificate under this section with respect to land or a relic specified or described in the application.

(2) The Heritage Council may issue a certificate that on the date specified in the certificate—

(a) land or a relic specified or described in the certificate is—

(i) land or a relic to which an interim heritage order or listing on the State Heritage Register applies or is not land or a relic to which an interim heritage order or listing on the State Heritage Register applies, or

(ii) land or a relic to which an order made under this Act applies or is not land or a relic to which an order made under this Act applies, and

(b) a building, work, relic or place specified or described in the certificate is a building, work, relic or place in respect of which a notice has been served under this Act or is not a building, work, relic or place in respect of which a notice has been served under this Act.

(3) A certificate issued under subsection (2) shall specify such other matters as may be prescribed.

(4) For the purpose of any proceedings for an offence against this Act or the regulations taken against a person who has obtained a certificate under this section, that certificate shall, in favour of that person, be conclusively presumed to be true and correct.

s 167: Am 1979 No 206, Sch 1 (36); 1987 No 11, Schs 1 (21), 2 (11); 1998 No 138, Sch 1 [70].