sec.51Council to make decision on heritage recommendation

### sec.51 Council to make decision on heritage recommendation The council must make a decision on a heritage recommendation for an application within the later of the following periods to end— 60 business days after receiving the recommendation; if the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation. In making the decision, the council— must have regard to all of the following— the application to which the heritage recommendation relates; the heritage submissions for the application; the written representations made under section 43 or 48 about the place the subject of the application; if the council allows a person or entity to make oral representations about the recommendation—the representations; if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and may have regard to other information the council considers relevant to the application. Without limiting subsection (2) (b) , the council may, in making the decision, have regard to whether the physical condition or structural integrity of the place may prevent its cultural heritage significance being preserved. Also, without limiting subsection (2) (b) , the council may, in making the decision, have regard to— whether the cultural heritage significance of the place is mainly because of its natural features; and whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law. a national park under the Nature Conservation Act 1992 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) s 51 ins 2007 No. 50 s 17 amd 2014 No. 61 s 26 (sec.51-ssec.1) The council must make a decision on a heritage recommendation for an application within the later of the following periods to end— 60 business days after receiving the recommendation; if the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation. (sec.51-ssec.2) In making the decision, the council— must have regard to all of the following— the application to which the heritage recommendation relates; the heritage submissions for the application; the written representations made under section 43 or 48 about the place the subject of the application; if the council allows a person or entity to make oral representations about the recommendation—the representations; if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and may have regard to other information the council considers relevant to the application. (sec.51-ssec.3) Without limiting subsection (2) (b) , the council may, in making the decision, have regard to whether the physical condition or structural integrity of the place may prevent its cultural heritage significance being preserved. (sec.51-ssec.4) Also, without limiting subsection (2) (b) , the council may, in making the decision, have regard to— whether the cultural heritage significance of the place is mainly because of its natural features; and whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law. a national park under the Nature Conservation Act 1992 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) - (a) 60 business days after receiving the recommendation; - (b) if the owner of the place the subject of the recommendation gives the council a notice under section 50A (2) , or if the council and the owner agree under section 52 to extend the day for making the decision—100 business days after receiving the recommendation. - (a) must have regard to all of the following— (i) the application to which the heritage recommendation relates; (ii) the heritage submissions for the application; (iii) the written representations made under section 43 or 48 about the place the subject of the application; (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations; (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and - (i) the application to which the heritage recommendation relates; - (ii) the heritage submissions for the application; - (iii) the written representations made under section 43 or 48 about the place the subject of the application; - (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations; - (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and - (b) may have regard to other information the council considers relevant to the application. - (i) the application to which the heritage recommendation relates; - (ii) the heritage submissions for the application; - (iii) the written representations made under section 43 or 48 about the place the subject of the application; - (iv) if the council allows a person or entity to make oral representations about the recommendation—the representations; - (v) if the owner of the place gives the council a heritage response for the recommendation—the heritage response; and - (a) whether the cultural heritage significance of the place is mainly because of its natural features; and - (b) whether the place or its natural features are protected or conserved under another law of the State or Commonwealth, and the extent of the protection or conservation under that law. - 1 a national park under the Nature Conservation Act 1992 - 2 a place on the national heritage list under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)