QLDIn ForceAct
Queensland Heritage Act 1992
sec.187Dealing with assessor’s report on objection under pre-amended Act
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### sec.187 Dealing with assessor’s report on objection under pre-amended Act
This section applies if, after the commencement and under section 40(3) of the pre-amended Act, an assessor gives the council a report on an objection mentioned in section 186 about a proposal—
to enter a place in the register on a permanent basis; or
to remove a place from the register.
The council must, within 20 business days after receiving the assessor’s report, consider the report and decide whether to proceed with the proposal.
For a proposal to enter a place in the register on a permanent basis, the council may decide—
to enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or
to enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or
not to enter the place in the Queensland heritage register.
For a proposal to remove a place from the register, the council may decide—
to remove the place from the Queensland heritage register; or
to vary the entry of the place in the Queensland heritage register; or
to leave the place in the Queensland heritage register.
Immediately after making a decision mentioned in subsection (3) or (4), the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.
Within 10 business days after receiving the advice, the chief executive must—
give public notice of the decision and the day it was made; and
give notice of the decision and the reasons for it to—
the owner of the place; and
if the owner is not the local government for the area in which the place is situated—the local government.
If the decision is a decision mentioned in subsection (3)(a) or (b), or (4)(a) or (b), the notice given under subsection (6)(b) to the owner of the place must be accompanied by an information notice about the decision.
The owner of a place who is given, or is entitled to be given, an information notice under subsection (7) for a decision may appeal against the decision under part 13 as if the owner were a person mentioned in section 161(1)(a).
The chief executive must ensure the entry of a place in, removal of a place from, or variation of an entry in, the Queensland heritage register is recorded in the register as soon as practicable after receiving the council’s advice under subsection (5).
s 187 ins 2007 No. 50 s 44
(sec.187-ssec.1) This section applies if, after the commencement and under section 40(3) of the pre-amended Act, an assessor gives the council a report on an objection mentioned in section 186 about a proposal— to enter a place in the register on a permanent basis; or to remove a place from the register.
(sec.187-ssec.2) The council must, within 20 business days after receiving the assessor’s report, consider the report and decide whether to proceed with the proposal.
(sec.187-ssec.3) For a proposal to enter a place in the register on a permanent basis, the council may decide— to enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or to enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or not to enter the place in the Queensland heritage register.
(sec.187-ssec.4) For a proposal to remove a place from the register, the council may decide— to remove the place from the Queensland heritage register; or to vary the entry of the place in the Queensland heritage register; or to leave the place in the Queensland heritage register.
(sec.187-ssec.5) Immediately after making a decision mentioned in subsection (3) or (4), the council must advise the chief executive of the decision, the reasons for the decision and the day it was made.
(sec.187-ssec.6) Within 10 business days after receiving the advice, the chief executive must— give public notice of the decision and the day it was made; and give notice of the decision and the reasons for it to— the owner of the place; and if the owner is not the local government for the area in which the place is situated—the local government.
(sec.187-ssec.7) If the decision is a decision mentioned in subsection (3)(a) or (b), or (4)(a) or (b), the notice given under subsection (6)(b) to the owner of the place must be accompanied by an information notice about the decision.
(sec.187-ssec.8) The owner of a place who is given, or is entitled to be given, an information notice under subsection (7) for a decision may appeal against the decision under part 13 as if the owner were a person mentioned in section 161(1)(a).
(sec.187-ssec.9) The chief executive must ensure the entry of a place in, removal of a place from, or variation of an entry in, the Queensland heritage register is recorded in the register as soon as practicable after receiving the council’s advice under subsection (5).
- (a) to enter a place in the register on a permanent basis; or
- (b) to remove a place from the register.
- (a) to enter the place, as originally proposed, in the Queensland heritage register as a State heritage place; or
- (b) to enter the place, as varied from the original proposal, in the Queensland heritage register as a State heritage place; or
- (c) not to enter the place in the Queensland heritage register.
- (a) to remove the place from the Queensland heritage register; or
- (b) to vary the entry of the place in the Queensland heritage register; or
- (c) to leave the place in the Queensland heritage register.
- (a) give public notice of the decision and the day it was made; and
- (b) give notice of the decision and the reasons for it to— (i) the owner of the place; and (ii) if the owner is not the local government for the area in which the place is situated—the local government.
- (i) the owner of the place; and
- (ii) if the owner is not the local government for the area in which the place is situated—the local government.
- (i) the owner of the place; and
- (ii) if the owner is not the local government for the area in which the place is situated—the local government.