QLDIn ForceAct
Queensland Heritage Act 1992
sec.38Initial notice of application
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### sec.38 Initial notice of application
The chief executive must, within 10 business days after receiving an application for a place—
give notice of its receipt to the applicant; and
if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and
if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following—
the day the application was received;
for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;
for an application to have the place removed from the register—that the place is under consideration for removal from the register;
that the owner may give the chief executive a written submission about the application;
information about the period in which the submission may be given;
See section 41 for the period in which a submission may be given.
that the owner may give the council a written response to the chief executive’s heritage recommendation about the place;
information about the period in which the response may be given.
See section 50B for the period in which a response may be given.
If a notice under subsection (1) (a) or (c) is given to the owner of a place about an application to have the place entered in the Queensland heritage register, the notice must include information about the owner’s obligations under sections 58 and 59 in relation to the place.
A copy of an application given to a local government or owner of a place under subsection (1) (b) or (c) must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.
s 38 amd 2003 No. 32 ss 9 , 3 sch
sub 2007 No. 50 s 17
amd 2014 No. 61 s 19
(sec.38-ssec.1) The chief executive must, within 10 business days after receiving an application for a place— give notice of its receipt to the applicant; and if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following— the day the application was received; for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register; for an application to have the place removed from the register—that the place is under consideration for removal from the register; that the owner may give the chief executive a written submission about the application; information about the period in which the submission may be given; See section 41 for the period in which a submission may be given. that the owner may give the council a written response to the chief executive’s heritage recommendation about the place; information about the period in which the response may be given. See section 50B for the period in which a response may be given.
(sec.38-ssec.2) If a notice under subsection (1) (a) or (c) is given to the owner of a place about an application to have the place entered in the Queensland heritage register, the notice must include information about the owner’s obligations under sections 58 and 59 in relation to the place.
(sec.38-ssec.3) A copy of an application given to a local government or owner of a place under subsection (1) (b) or (c) must not include the applicant’s personal information, unless the applicant has given written consent to its inclusion.
- (a) give notice of its receipt to the applicant; and
- (b) if the applicant is not the local government for the area in which the place is situated—give the local government a copy of the application; and
- (c) if the applicant is not the owner of the place—give the owner a copy of the application and a notice stating each of the following— (i) the day the application was received; (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register; (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register; (iv) that the owner may give the chief executive a written submission about the application; (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given. (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place; (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.
- (i) the day the application was received;
- (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;
- (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register;
- (iv) that the owner may give the chief executive a written submission about the application;
- (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given.
- (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place;
- (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.
- (i) the day the application was received;
- (ii) for an application to have the place entered in the Queensland heritage register—that the place is under consideration for entry in the register;
- (iii) for an application to have the place removed from the register—that the place is under consideration for removal from the register;
- (iv) that the owner may give the chief executive a written submission about the application;
- (v) information about the period in which the submission may be given; Note— See section 41 for the period in which a submission may be given.
- (vi) that the owner may give the council a written response to the chief executive’s heritage recommendation about the place;
- (vii) information about the period in which the response may be given. Note— See section 50B for the period in which a response may be given.