QLDIn ForceAct
Queensland Heritage Act 1992
sec.44Chief executive to give heritage recommendation to council
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### sec.44 Chief executive to give heritage recommendation to council
After considering the relevant material for an application, the chief executive must give a written recommendation (a heritage recommendation ) to the council about whether the place the subject of the application should be entered in, removed from (with or without variation) or stay on the Queensland heritage register.
The chief executive must give the council a heritage recommendation for an application by the final recommendation day for the application.
A heritage recommendation must be accompanied by—
a copy of the application to which it relates; and
the heritage submissions for the application; and
the written representations made under section 43 about the place the subject of the application.
If the chief executive considers the place satisfies 1 or more of the cultural heritage criteria, the chief executive must recommend that—
the place be entered in the register; or
the place stay on the register, with or without variation.
If the chief executive considers the place does not satisfy any of the cultural heritage criteria, the chief executive must recommend that—
the place not be entered in the register; or
the place be removed from the register.
In this section—
final recommendation day , for an application, means the later of the following days—
80 business days after its receipt;
if, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt.
relevant material , for an application, means the following—
the application;
the heritage submissions for the application;
the written representations made under section 43 about the place the subject of the application;
other information the chief executive considers relevant to the application.
s 44 ins 2007 No. 50 s 17
amd 2011 No. 6 s 109
(sec.44-ssec.1) After considering the relevant material for an application, the chief executive must give a written recommendation (a heritage recommendation ) to the council about whether the place the subject of the application should be entered in, removed from (with or without variation) or stay on the Queensland heritage register.
(sec.44-ssec.2) The chief executive must give the council a heritage recommendation for an application by the final recommendation day for the application.
(sec.44-ssec.3) A heritage recommendation must be accompanied by— a copy of the application to which it relates; and the heritage submissions for the application; and the written representations made under section 43 about the place the subject of the application.
(sec.44-ssec.4) If the chief executive considers the place satisfies 1 or more of the cultural heritage criteria, the chief executive must recommend that— the place be entered in the register; or the place stay on the register, with or without variation.
(sec.44-ssec.5) If the chief executive considers the place does not satisfy any of the cultural heritage criteria, the chief executive must recommend that— the place not be entered in the register; or the place be removed from the register.
(sec.44-ssec.6) In this section— final recommendation day , for an application, means the later of the following days— 80 business days after its receipt; if, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt. relevant material , for an application, means the following— the application; the heritage submissions for the application; the written representations made under section 43 about the place the subject of the application; other information the chief executive considers relevant to the application.
- (a) a copy of the application to which it relates; and
- (b) the heritage submissions for the application; and
- (c) the written representations made under section 43 about the place the subject of the application.
- (a) the place be entered in the register; or
- (b) the place stay on the register, with or without variation.
- (a) the place not be entered in the register; or
- (b) the place be removed from the register.
- (a) 80 business days after its receipt;
- (b) if, under section 45 (2) , the chief executive extends the period for making the heritage recommendation for the application—120 business days after its receipt.
- (a) the application;
- (b) the heritage submissions for the application;
- (c) the written representations made under section 43 about the place the subject of the application;
- (d) other information the chief executive considers relevant to the application.