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Heritage Act 2011
155Pending assessments for revocation of declaration of heritage
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155 Pending assessments for revocation of declaration of heritage
places and objects
(a) before the commencement day:
(i) the Minister has requested the Council to assess
whether the Minister should revoke all or part of the
declaration of a heritage place or object; or
(ii) a request or application had been made under the
repealed Act for an assessment as to whether the
Minister should revoke all or part of the declaration of a
(b) immediately before the commencement day, the assessment
process under Part 6A of the repealed Act had not been
completed for the place or object.
Under Part 6A of the repealed Act, the assessment process for revoking the
declaration of a heritage place or object includes the following:
(a) assessment of the place or object by having regard to relevant heritage
assessment criteria;
(b) seeking comments about the revocation;
(c) considering comments received;
(d) making a recommendation to, and decision by, the Minister about making the
revocation.
the assessment process for the heritage place or object.
(3) However, if the Minister accepts the recommendation to revoke the
declaration of the heritage place or object:
(a) the declaration must be made under section 64; and
Heritage Act 2011 68
(b) section 65 does not apply to the declaration.
Note for subsection (3)
Because of subsection (2), notice of the declaration of revocation is given under
section 39H(4) of the repealed Act and Part 8 (Appeals) of the repealed Act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.