sec.4Matters Minister must consider— Act , s 83

### sec.4 Matters Minister must consider— Act , s 83 This section prescribes, for section 83 (3) of the Act , the matters the Minister must consider in being satisfied that a local government has appropriate procedures in place for exercising a power under section 84 of the Act in relation to the local government. The matters the Minister must consider are the following— how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example— the criteria the local government uses to assess the significance of the place; and whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; whether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act . A repair and maintenance notice policy explains— how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and how the decision-maker considers alternatives to issuing a repair and maintenance notice; and how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and Under section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place. the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act . In this section— decision-maker , for a local heritage place, means the decision-maker for the local heritage place as provided for in section 84 (7) of the Act . essential repair or maintenance work see section 84 (7) of the Act . (sec.4-ssec.1) This section prescribes, for section 83 (3) of the Act , the matters the Minister must consider in being satisfied that a local government has appropriate procedures in place for exercising a power under section 84 of the Act in relation to the local government. (sec.4-ssec.2) The matters the Minister must consider are the following— how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example— the criteria the local government uses to assess the significance of the place; and whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; whether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act . (sec.4-ssec.3) A repair and maintenance notice policy explains— how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and how the decision-maker considers alternatives to issuing a repair and maintenance notice; and how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and Under section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place. the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act . (sec.4-ssec.4) In this section— decision-maker , for a local heritage place, means the decision-maker for the local heritage place as provided for in section 84 (7) of the Act . essential repair or maintenance work see section 84 (7) of the Act . - (a) how the local government becomes satisfied a place is of cultural heritage significance for its local government area, including, for example— (i) the criteria the local government uses to assess the significance of the place; and (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; - (i) the criteria the local government uses to assess the significance of the place; and - (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; - (b) whether the local government has a repair and maintenance notice policy, as described in subsection (3) , that it will comply with in giving a repair and maintenance notice under section 84 of the Act . - (i) the criteria the local government uses to assess the significance of the place; and - (ii) whether the local government employs appropriately qualified staff or engages appropriately qualified consultants or contractors to help assess whether the place is of cultural heritage significance; - (a) how the local government will be informed about a local heritage place being in need of essential repair or maintenance work, including, for example, through a report from a member of the public or a local government employee; and - (b) whether the local government has any guidance material in relation to repair and maintenance notices for owners of local heritage places; and - (c) the kinds of steps, depending on the circumstances of the case, the decision-maker for a local heritage place will usually take under section 84 (3) of the Act to consult with the owner of a local heritage place; and - (d) how the decision-maker decides whether it is necessary to carry out essential repair or maintenance work on a local heritage place to protect the place from damage or deterioration caused by weather, fire, vandalism or insects; and - (e) how the decision-maker considers alternatives to issuing a repair and maintenance notice; and - (f) how the decision-maker gives a repair and maintenance notice to the owner of a local heritage place; and - (g) how the carrying out of essential repair or maintenance work required by a repair and maintenance notice will be approved or permitted, including, for example, through an exemption certificate or a development approval; and - (h) the system the decision-maker has in place to monitor compliance with a repair and maintenance notice given to the owner of a local heritage place; and - (i) the measures the local government takes to ensure it does not give a repair and maintenance notice in relation to a local heritage place that is also a State heritage place; and Note— Under section 84 of the Act , the chief executive is the decision-maker for the giving of a repair and maintenance notice in relation to a State heritage place. - (j) the measures the local government has in place to ensure it gives a report to the chief executive as required under section 85 of the Act .