Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 26

    (1)     Before making heritage guidelines, the council must prepare a written notice (a consultation notice ) about the proposed guidelines.

    (2)     The council must, as soon as practicable, give additional public notice of the consultation notice.

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1). The requirement in s (2) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    (3)     The consultation notice must include the following:

        (a)     a statement about the effect of the proposed guidelines and the places or objects to which the guidelines would apply;

        (b)     details of how to obtain further information about the proposed guidelines;

        (c)     an invitation to make comments, in writing, about the proposed guidelines to the council within 4 weeks after the day the notice is notified under the Legislation Act

(the public consultation period ).

    (4)     The council may give public notice to extend the consultation period (an "extension notice").

Note 1     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

Note 2     The council may extend the consultation period after it has ended (see Legislation Act

, s 151C).

    (5)     If the proposed guidelines relate to an Aboriginal place or object, the council must give a copy of the consultation notice to each representative Aboriginal organisation in relation to the proposed guidelines.

Note     Section 14 defines representative Aboriginal organisation .

    (6)     In making heritage guidelines, the council—

        (a)     must consider any written comments about the proposed guidelines made to the council before the end of the public consultation period; and

        (b)     may consider any written comments about the guidelines made to the council after the end of the consultation period.

    (7)     The following are notifiable instruments:

        (a)     the consultation notice;

        (b)     any extension notice.

Note     A notifiable instrument must be notified under the Legislation Act

.