Heritage Act 2004
43Cancellation proposal
Start here
Get a plain-English read of 43
Turn the raw legal text into a practical explanation grounded in Heritage Act 2004.
43 Cancellation proposal (1) A person may make an application proposing, or the council may on its own initiative propose, that a place or object registered under division 6.2 cease to be registered (a cancellation proposal). (2) A cancellation proposal made by a person must— (c) include the following details about the place or object to which the proposal relates: (iii) a statement by the applicant about why the place or object does not have heritage significance. (3) As soon as practicable after receiving the cancellation proposal, the council must assess the merit of the proposal and— (a) dismiss the proposal if— (i) the council is satisfied on reasonable grounds that the proposal is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or (ii) the council has previously decided not to cancel the registration of the place or object to which the proposal relates, and is satisfied that the proposal shows no substantial new grounds for cancellation; or
(b) if the proposal is not dismissed under paragraph (a)—accept the proposal and exercise the council’s functions under section 49 (Decision about cancellation proposal). (4) The council must— (a) if the council dismisses a proposal—give the person who made the proposal written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the day the decision is made; and (b) if the council accepts the proposal, or makes a proposal on its own initiative—tell each interested person about the decision as far as practicable within 15 working days after the day the