154Pending assessments for declaration of heritage places and

154 Pending assessments for declaration of heritage places and (a) before the commencement day: (i) an application had been made under the repealed Act to have a place or object declared to be a heritage place or (ii) the Council had decided of its own motion, or was directed by the Minister, to assess the heritage value of a place or object; and (b) immediately before the commencement day, the assessment process under Part 4 of the repealed Act had not been completed for the place or object. Under Part 4 of the repealed Act, the assessment process for declaring a place or object to be a heritage place or object includes the following: (a) assessment of the place or object by applying relevant heritage assessment criteria; (b) seeking comments about the declaration; (c) considering comments received; (d) making a recommendation to, and decision by, the Minister about making the declaration. the assessment process for the place or object. (3) However, if the Minister decides to declare the place or object to be a heritage place or object: (a) the declaration must be made under section 34; but (b) section 40 does not apply to the declaration. Note for subsection (3) Because of subsection (2), notice of the declaration is given under section 26(2) of the repealed Act and Part 8 (Appeals) of the repealed Act continues to apply to the decision made in relation to the assessment of the place or object. (4) In addition, the Council must decide whether or not to recommend the declaration of the place or object: (a) within 12 months after the commencement day – if the Council had complied with section 24(2) before the commencement day; or

Heritage Act 2011 67 (b) within 2 years after the commencement day – if: (i) the application for the declaration was made under section 21 of the repealed Act; and (ii) the Council had not complied with section 24(2) before the commencement day.