Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 110

    (1)     The council or the Minister, may, in writing—

        (a)     direct a public authority to prepare a conservation management plan for a heritage place or object for which the authority is responsible; and

        (b)     state a date, at least 1 month after the day the direction is given for completion of the plan (the completion date ).

    (2)     If a public authority is given a direction under subsection (1), the authority must—

        (a)     draft the plan; and

        (b)     ensure the plan complies with any requirements prescribed by regulation for a conservation management plan; and

        (c)     give the completed plan to the council by the completion date.

    (3)     If the council is satisfied that a conservation management plan adequately manages a threat, or potential threat, to a heritage place or object the council—

        (a)     may, in writing, approve the plan; and

        (b)     if the council approves the plan—must, in writing, tell the public authority—

              (i)     that it has approved the plan; and

              (ii)     the date the plan was approved (the approval date ).

    (4)     If the council is not satisfied that a conservation management plan adequately manages a threat, or potential threat, to a heritage place or object the council must, in writing—

        (a)     refuse to approve the plan; and

        (b)     tell the authority responsible for the plan the reasons why the council is not satisfied with the plan; and

        (c)     state a new completion date for the plan.

    (5)     The council must tell the public authority about the council's decision under subsection (3) or (4) as far as practicable within 15 working days after making the decision.

    (6)     The authority responsible for a plan that is not approved under subsection (4) must take into account the council's reasons for not approving the plan, and give a revised plan to the council by the completion date stated under subsection (4) (c).

    (7)     A public authority must comply, and promote compliance by other entities, with a conservation management plan approved under this section.

    (8)     The council or Minister must not give a direction to an authority under subsection (1) in relation to a heritage place or object if—

        (a)     a direction has been given under subsection (1) in relation to the place or object and the council has not yet approved a conservation management plan for the place or object; or

        (b)     a conservation management plan for the place or object has been approved by the council within the previous 5 years.