NSWIn ForceAct
Heritage Act 1977
34Action by Minister following recommendation for listing
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#### 34 Action by Minister following recommendation for listing
34 Action by Minister following recommendation for listing
> > (1) Within 14 days after the Heritage Council makes a recommendation for listing to the Minister, the Minister must—
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> > > (a) decide whether or not to direct the listing and inform the Heritage Council of that decision, or
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> > > (b) request the Independent Planning Commission to review the matter.
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> > (1A) On receiving a request to review a matter, the Independent Planning Commission is to conduct its review and provide a report to the Minister within the time period specified in the regulations.
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> > (2) If the Minister requests a review by the Independent Planning Commission, the Minister must, within 14 days after the Commission provides its report—
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> > > (a) consider that report, and
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> > > (b) decide whether or not to direct the listing, and
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> > > (c) inform the Heritage Council of that decision.
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> > (3) The Minister may make a request under this section on the Minister’s own motion or after a request by an affected owner, mortgagee, lessee or occupier.
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> > (4) A decision of the Minister to direct, or not to direct, the listing on the State Heritage Register of an item that the Heritage Council has recommended be listed is to contain the reasons for listing or not listing the item and is to be made publicly available on the internet by the Heritage Council within 7 days after the decision is made.
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> **s 34:** Ins 1998 No 138, Sch 1 \[13\]. Am 2008 No 36, Sch 2.3 \[2\]–\[4\]; 2009 No 34, Sch 1 \[17\]. Subst 2011 No 71, Sch 1 \[11\]. Am 2017 No 60, Sch 11.3 \[1\].