40Statement of recommendation

40 Statement of recommendation S. 40(1) amended by No. 5/2023 s. 39(1)(a). (1) Subject to subsection (2), on making a recommendation to the Heritage Council that a place, object or land should or should not be included in the Heritage Register, the Executive Director must give a statement (a ***statement of recommendation***) to— S. 40(1)(a) amended by No. 5/2023 s. 39(1)(b). S. 40(1)(b) substituted by No. 5/2023 s. 23(1), amended by No. 5/2023 s. 39(1)(c). (b) in the case of a nomination that has been made by a person or body, the person or body that made the nomination; and S. 40(1)(ba) inserted by No. 5/2023 s. 23(1). (ba) in the case of a nomination that the Executive Director is taken to have accepted under section 34A(1), the applicant for the exclusion determination concerned; and S. 40(1)(c) amended by No. 5/2023 s. 39(1)(d). (c) the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council. (2) If a place that is a shipwreck or protected zone or an object that is a shipwreck artefact is recommended for inclusion in the Heritage Register, the Executive Director may give notice of the recommendation in any manner the Executive Director considers fit. (3) A statement of recommendation must be in writing and contain the following information— (a) the terms of the recommendation; S. 40(3)(b) amended by No. 5/2023 s. 39(2)(a). (b) sufficient information to identify the place, object or land, whether by reference to maps or diagrams or otherwise; (c) the reasons for the recommendation, including an assessment of the State-level cultural heritage significance of the place or object; (d) information advising that the Heritage Council will consider the recommendation after a period of 60 days from the date the notice of recommendation is published under section 41; S. 40(3)(e) amended by No. 5/2023 s. 39(2)(a). (e) information advising the owner of the place, object or land that the owner, within that period of 60 days, may make a submission to the Heritage Council regarding the recommendation and request a hearing in relation to that submission; S. 40(3)(f) amended by No. 5/2023 ss 23(2), 39(2)(b). (f) information advising the owner of the place, object or land and the person or body that made the nomination or, if the Executive Director is taken to have accepted the nomination under section 34A(1), the applicant for the exclusion determination concerned, of sections 46, 46A and 49; S. 40(3)(g) substituted by No. 5/2023 s. 39(2)(c). (g) a summary of the rights and obligations under this Act that would apply to the owner of the place, object or land that is the subject of the Executive Director's recommendation, if that place, object or land is included in the Heritage Register. S. 40(3A) inserted by No. 5/2023 s. 39(3). (3A) For the purposes of subsection (3)(c), a statement of recommendation must also include the following— (a) for a place or object nominated under section 27, an assessment of the State‑level cultural heritage significance of the place or object; (b) for an object nominated under section 27A, an assessment of whether the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27; (i) an assessment of whether the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or (ii) if the additional land surrounds the place, whether it is important to the protection or conservation of the place or contributes to the understanding of the place. S. 40(4) substituted by No. 5/2023 s. 39(4). (4) In addition, a statement of recommendation must contain the following information if the Executive Director recommends that a place or object should be included in the Register— (a) for a place or object nominated under section 27, a summary of the State‑level cultural heritage significance of the place or object and the category or categories of the Register in which the place or object is to be registered; (b) for an object nominated under section 27A, a summary of how the object is integral to understanding the cultural heritage significance of a registered place or a place nominated under section 27; (i) a summary of how the State‑level cultural significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or (ii) if the additional land surrounds the place, a summary of how it is important to the protection or conservation of the place or contributes to the understanding of the place; (d) any recommendations made under section 38 in relation to the works or activities with respect to the place, object or land and an invitation for submissions from the owner in relation to those recommendations. S. 40(5) amended by No. 5/2023 s. 39(5). (5) Despite subsection (3)(b), the Executive Director may determine that some details of identification should not be included in the statement of recommendation if the Executive Director considers that, if the details were known, there is a real danger that a person may harm the place, object or land. S. 41 amended by No. 5/2023 s. 40.