306Exclusion determinations

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of the place or object or the part of the place or object for inclusion in the Heritage Register is taken to be withdrawn, on and from the application day, to the extent that it overlaps with the application for the exclusion determination.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 Pt 15 (Heading and ss 295–309) repealed by No. 7/2017 s. 309.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 (1) A member of the Heritage Council may resign from office by giving written notice to the Governor in Council. (2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Heritage Council from office and appoint another person in their place. 4 Alternate members of the Heritage Council (1) The Governor in Council, on the recommendation of the Minister, may appoint an alternate member for a member of the Heritage Council. (2) An alternate member must be appointed in the same manner as the member of the Heritage Council for whom the person is the alternate member. (3) An alternate member may act in place of the member of the Heritage Council for whom the person is the alternate member if— (a) the member is absent or unable to perform the duties of office; or (b) the member and the alternate member agree that the alternate member is to act in the member's place; or (c) the member's position is vacant. (4) If subclause (3)(c) applies, the alternate member must not act in that position for more than 6 months. (5) An alternate member has all the functions, duties and powers of a member of the Heritage Council when acting in the place of the member. 5 Terms of appointment for alternate members of the Heritage Council (1) An alternate member of the Heritage Council holds office for a period of up to 3 years specified in their instrument of appointment. Sch. 1 cl. 5(2) amended by No. 13/2024 s. 3(Sch. 1 item 8). (2) An alternate member is eligible for re‑appointment. (3) An alternate member may resign from office by giving written notice to the Governor in Council. (4) The Governor in Council, on the recommendation of the Minister, may at any time remove an alternate member from office and appoint another person in their place. Division 2—Meetings 6 Procedure at Heritage Council meetings (1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Heritage Council. (2) If the Chairperson and the Deputy Chairperson are absent, the members of the Heritage Council present may elect a member to preside at a meeting. (3) At a meeting of the Heritage Council, a majority of members present at the meeting constitutes a quorum. (4) A question arising at a meeting of the Heritage Council must be determined by a majority of votes of members present and voting on that question. (5) In the event of an equality of votes on any question arising at a meeting of the Heritage Council, the person presiding at the meeting has a deliberative vote and a second or casting vote. (6) An act or decision of the Heritage Council is not invalid merely because of a defect or irregularity in connection with the qualification or appointment of a member of the Heritage Council or, in the case of a person qualified or appointed to act as an alternate member, because the occasion for the person acting as an alternate member had not arisen or had ceased. (7) Subject to this Act, the Heritage Council may regulate its own proceedings. 7 Minutes of meetings The Heritage Council must keep minutes of the proceedings and decisions of each of its meetings. Division 3—Operations 8 Procedure at committee meetings (1) A quorum of a committee is constituted by 3 members of the Heritage Council. (2) The Heritage Council must appoint one of its members as Chairperson of the committee who must preside at all meetings of the committee at which the Chairperson is present. (3) If the Chairperson is not present, the members present must elect another member of the committee who is also a member of the Heritage Council to preside at the meeting. (4) Subject to this Act, a committee may regulate its own proceedings.