Heritage Act 2017
306Exclusion determinations
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306 Exclusion determinations
(1) This section applies to a nomination of a place or object or a part of a place or object for inclusion in the Heritage Register if—
(a) the nomination was made before the commencement of Part 3 of the Heritage Amendment Act 2023; and
(b) an application is made for an exclusion determination in relation to the place or object, for an exclusion determination that covers all or any of the place or object; and
(c) on the day of the application for the exclusion determination (the application day), a recommendation under section 37 had not been made in relation to the nomination.
(2) The nomination of the place or object or the part of the place or object for inclusion in the Heritage Register is taken to be withdrawn, on and from the application day, to the extent that it overlaps with the application for the exclusion determination.
(3) In deciding under section 36C whether or not to make an exclusion determination in relation to the place or object, the Executive Director must have regard to any information provided in relation to the nomination of the place or object for inclusion in the Heritage Register.
Pt 15 (Heading and ss 295–309) repealed by No. 7/2017 s. 309.
Schedule 1—Further heritage administration
Division 1—Membership and procedure
1 Chairperson and Deputy Chairperson
(1) The Minister must appoint one of the members of the Heritage Council as the Chairperson of the Heritage Council.
(2) The Minister must appoint one of the members of the Heritage Council as the Deputy Chairperson of the Heritage Council.
(3) If the Chairperson is absent or unable to perform their functions, the Deputy Chairperson must act as Chairperson and, while acting, has all the functions, duties and powers of the Chairperson.
2 Terms of appointment of members of the Heritage Council
(1) A member of the Heritage Council holds office for a period of up to 3 years specified in the member's instrument of appointment.
(2) A member of the Heritage Council is eligible for re-appointment.
(3) The instrument of appointment of a member of the Heritage Council may specify terms and conditions of appointment.
(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Heritage Council in respect of the office of that member.
3 Resignation and removal of members of the Heritage Council