34AEffect of decision of Executive Director not to make an exclusion determination

34A Effect of decision of Executive Director not to make an exclusion determination (1) The Executive Director is taken to have accepted a nomination of a place or object, or part of a place or object, for inclusion in the Heritage Register under this Division if— (a) the Executive Director has refused to make an exclusion determination in relation to the place or object or part of the place or object, under section 36C(1)(c), and review rights in relation to the decision to refuse are exhausted; or (b) the Heritage Council— (i) has set aside a decision of the Executive Director to make an exclusion determination in relation to the place or object or part of the place or object; and (ii) has substituted a decision to refuse to make the exclusion determination in relation to the place or object or part of the place or object. (2) For the purposes of this Division, the Executive Director is taken to have accepted the nomination under section 27 on whichever of the following days is applicable— (a) if subsection (1)(a) applies, on the day after the day on which the review rights were exhausted; (b) if subsection (1)(b) applies, on the day after the day on which the Heritage Council set aside the Executive Director's decision. (3) For the purposes of subsection (1)(a), review rights in relation to a decision of the Executive Director are exhausted— (a) subject to paragraph (b), on the day after the end of the period for making an application for review; or (b) if the decision of the Executive Director is affirmed on review, on the day after the day on which the decision is affirmed. S. 35 amended by No. 5/2023 s. 35.