49Determinations of the Heritage Council

49 Determinations of the Heritage Council

S. 49(1) amended by No. 5/2023 s. 48(1)(a)(b).

(1) After considering a recommendation that a place, object or land should or should not be included in the Heritage Register and any submissions in respect of the recommendation and conducting any hearing, the Heritage Council may—

S. 49(1)(a) amended by No. 5/2023 s. 48(1)(c).

(a) determine that the place or object is of State-level cultural heritage significance and is to be included in the Heritage Register; or

S. 49(1)(ab) inserted by No. 5/2023 s. 48(1)(d).

(ab) in the case of a place, determine that—

(i) part of the place is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii) part of the place is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(ac) inserted by No. 5/2023 s. 48(1)(d).

(ac) in the case of an object, determine that—

(i) part of the object is of State‑level cultural heritage significance and is to be included in the Heritage Register; and

(ii) part of the object is not of State‑level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(b) amended by No. 5/2023 s. 48(1)(e).

(b) determine that the place or object is not of State-level cultural heritage significance and is not to be included in the Heritage Register; or

S. 49(1)(c) amended by No. 5/2023 s. 48(1)(f)(i).

(c) in the case of a recommendation in respect of a place, determine that the place or part of the place is not to be included in the Heritage Register but—

S. 49(1)(c)(i) substituted by No. 5/2023 s. 48(1)(f)(ii).

(i) refer the recommendation and any submissions to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place or part of the place in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act; or

S. 49(1)(c)(ii) amended by No. 5/2023 s. 48(1)(f)(iii).

(ii) determine that it is more appropriate for steps to be taken under the Planning and Environment Act 1987 or by any other means to protect or conserve the place or part of the place; or

S. 49(1)(ca) inserted by No. 5/2023 s. 48(1)(g).

(ca) in the case of a recommendation in respect of an object nominated under section 27A, determine that the object, or part of the object, is to be included in the Heritage Register if it is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register; or