22Removal of place from Register

22 Removal of place from Register

(1)  The Heritage Council, on its own initiative or on application to it by any person, may decide to remove from the Heritage Register an entry relating to a place.

(1A)  [Section 22 Subsection (1A) inserted by No. 70 of 2013, s. 16, Applied:01 Mar 2014] However, the Heritage Council may only make a decision under subsection (1) in respect of a place if it is satisfied that –

(a) the place has been destroyed; or

(b) because of new information or for some other reason, the place does not meet, or no longer meets, any of the registration criteria; or

(c) the entry duplicates or substantially duplicates an existing entry; or

(d) the removal is required by law.

(2)  [Section 22 Subsection (2) substituted by No. 70 of 2013, s. 16, Applied:01 Mar 2014] A person who applies to have a place removed from the Heritage Register is to give any information the Heritage Council requires to enable it to deal with the application.

(3)  Before removing a place from the Heritage Register, the Heritage Council may invite written submissions from –

(a) any person or body with special knowledge of, or interest in, the place; or

(b) any person or body with a special interest in Tasmania's historic cultural heritage.

(4)  [Section 22 Subsection (4) amended by No. 70 of 2013, s. 16, Applied:01 Mar 2014] After considering any submissions, the Heritage Council may decide to remove from the Heritage Register an entry relating to a place if it considers that the place no longer meets any of the registration criteria.

(5)  If the Heritage Council intends to remove from the Heritage Register an entry relating to a place, it must –

(a) give the owner of the place and the planning authority a written notice –