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 S. 49(1)(d) substituted by No. 5/2023 s. 48(1)(g). (d) in the case of a recommendation in respect of additional land nominated under section 27B, determine that the additional land, or any part of the additional land, is to be included in the Heritage Register if— (i) the State‑level cultural heritage significance of the place, or part 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) the additional land or any part of the additional land surrounding the place, or part of the place, is important to the protection or conservation of the place or contributes to the understanding of the place. S. 49(1)(e) repealed by No. 5/2023 s. 48(1)(h). (2) The Heritage Council must make a determination under subsection (1)— (a) within 40 days after the date on which written submissions may be made under section 44; or S. 49(2)(b) amended by No. 5/2023 s. 48(2). (b) if any hearing is conducted, within 90 days after the completion of the hearing. S. 49(3) substituted by No. 5/2023 s. 48(3). (3) A determination made under subsection (1)(a), (ab), (ac), (ca) or (d)— (a) may include categories of works or activities which may be carried out in relation to a place, object or land, or part of a place, object or land, for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place, object or land; and (b) must include a statement of the reasons for the making of the determination. S. 49(4) substituted by No. 5/2023 s. 48(4). (4) If the Heritage Council determines to include a place, or part of a place, in the Heritage Register, the Heritage Council may also determine to include land that is not the subject of a nomination under section 27B in the Heritage Register as part of the place if— (a) the land is ancillary to the place; and (b) the person who owns the place, or part of the place— (i) is the owner of the land; and (ii) consents to its inclusion. (5) If a member of the Heritage Council makes a submission under section 44 in respect of a recommendation, the member must not take part in the consideration or determination of the Heritage Council. (6) The Heritage Council must notify the Executive Director of any determination under this section as soon as practicable after the determination. S. 49A inserted by No. 5/2023 s. 49.