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Heritage Act 2017
36FDecision on review
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36F Decision on review
(1) In determining an application under section 36E for review of a decision of the Executive Director to make, or refuse to make, an exclusion determination, the Heritage Council may—
(a) affirm the decision under review; or
(b) set aside the decision under review and make another decision in substitution for it; or
(c) set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.
(2) The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.
(3) The Heritage Council must give the applicant for review written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.
(4) In addition to the notice under subsection (3), the Heritage Council must give written notice of the outcome of a review to—
(a) the owner of the place or object or the part of the place or object; and
(b) the applicant for the exclusion determination concerned (if they are not notified under subsection (3)); and
(c) the responsible authority for the area in which the place or object or the part of the place or object is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and
(d) the Executive Director.
Division 3—Recommendations of registration
S. 37 substituted by No. 5/2023 s. 37.