Historic Cultural Heritage Act 1995
80Issue of certificate for unregistered place
Start here
Get a plain-English read of 80
Turn the raw legal text into a practical explanation grounded in Historic Cultural Heritage Act 1995.
80 Issue of certificate for unregistered place
(1) On receipt of an application under section 78 , the Heritage Council may decide to issue a certificate stating that a specified place is not a registered place if it is satisfied that –
(a) the application is not frivolous or vexatious; and
(b) [Section 80 Subsection (1) amended by No. 70 of 2013, s. 34, Applied:01 Mar 2014] the place or part of the place does not meet any of the registration criteria.
(2) If the Heritage Council is satisfied, as required under subsection (1) , it must –
(a) [Section 80 Subsection (2) amended by No. 70 of 2013, s. 34, Applied:01 Mar 2014] give the relevant planning authority a written notice–
(i) stating that it intends to issue a certificate that a specified place is not a registered place; and
(ii) stating the reasons for its intention; and
(iii) explaining the right to object to the issue of the certificate; and
(b) [Section 80 Subsection (2) amended by No. 70 of 2013, s. 34, Applied:01 Mar 2014] publish a local public notice–
(i) stating that it intends to issue a certificate that a specified place is not a registered place; and
(ii) inviting written submissions relating to that intention; and
(iii) explaining the right to object to the issue of the certificate.
(2A) [Section 80 Subsection (2A) inserted by No. 70 of 2013, s. 34, Applied:01 Mar 2014] The Heritage Council may give such other notices for the purposes of this section as it considers appropriate.
(3) If the Heritage Council is not satisfied as required under , it must –