Div 4Removal or alteration of designation

Division 4—Removal or alteration of designation 23—Council may act if registration at State level not justified (1) If the Council— (a) after taking into account the criteria set out in Division 1, is of the opinion that an entry relating to a place in the Register as a State Heritage Place is no longer justified, or that an entry relating to a State Heritage Place should be altered by excluding part of the place to which the entry applies; or (b) is of the opinion that an entry relating to a place in the Register that has been designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be altered by varying or revoking the designation, it may give notice of its intention to alter the Register by removing or altering the entry (as the case requires), and invite written representations on the proposal— (c) by notice in writing to the owner of land constituting the place and, if the entry relates to or includes an object under section 14(2)(b), to the owner of the object; and (d) by notice published on a website determined by the Minister or by such other means prescribed by the regulations; and (e) if the place is within the area of a local council—by notice in writing to the local council. (2) The Council must consider any representations made in response to the notice within three months of the date of the notice. (3) If the Council, after considering the representations (if any) made in response to the notice, remains of the opinion that the entry should be removed or altered, it may remove or alter the entry accordingly. (4) Written notice of the removal or alteration of an entry under this section must be given to the Minister, the Registrar-General, the owner or owners of the land constituting the place (and, if relevant, the owner or owners of any object) and, if the place is within the area of a local council, the local council. (5) In relation to a part of the State that is not within the area of a council, a reference in this section to— (a) a local council will be taken to be a reference to the Outback Communities Authority established under the Outback Communities (Administration and Management) Act 2009; and (b) the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback Communities (Administration and Management) Act 2009). 24—Alteration of Register if place to be designated as place of local heritage value (1) If the Council is of the opinion that a place, or a part of a place, entered in the Register as a State Heritage Place should instead be designated as being a place of local heritage value, the Council must invite written representations on the matter— (a) from the owner of the land constituting the place; and (b) from the local council in whose area the place is situated (if the place is within the area of a local council), within a period (being a period of at least 28 days) specified by the Council. (2) The Council must also, on the basis of a request made within the period that applies under subsection (1) (or within such longer period as the Council may allow), allow the owner of the land or, in the case of a local council, a representative of the local council, to appear personally before the Council to make oral representations. (3) If, after considering the representations (if any) made under this section, the Council is of the opinion that the relevant place should be designated as being a place of local heritage value, the Council may— (a) recommend to the Minister to whom the administration of the Development Act 1993 is committed that an amendment be made to a Development Plan under section 29 of that Act so that the place or part of the place (as the case may be) is designated as a place of local heritage value; and (b) if or when the amendment is made to the Development Plan, make any alteration to the Register as it thinks fit. (4) Written notice of an alteration to the Register under this section must be given to the Minister, the Registrar-General, the owner or owners of land constituting the place and, if the place is within the area of a local council, the local council.