Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) Heritage guidelines must—
(a) be made within—
(i) if the guidelines are for a place or object (other than a place or object that forms part of a precinct)—5 months after the day the consultation notice for the guidelines is notified under the Legislation Act
, unless the period is extended under this section; or
(ii) if the guidelines are for a precinct—9 months after the day the consultation notice for the guidelines is notified under the Legislation Act
, unless the period is extended under this section; and
(b) not be made before the precinct, place or object is registered under division 6.2.
(2) However, this section does not apply to heritage guidelines for an Aboriginal place or an Aboriginal object.
(3) A period mentioned in subsection (1) (the initial period ) is extended for an additional period (an extension ) if any of the following apply:
(a) the guidelines are for a precinct, place or object that is provisionally registered, and the period of its provisional registration is extended under section 35 (Period of provisional registration);
(b) the—
(i) council is satisfied that making the guidelines requires consideration of complex issues that cannot be satisfactorily examined before the end of the initial period; and
(ii) council, at least 25 working days before the end of the initial period, takes reasonable steps to tell each interested person for the place or object that the council seeks an extension of time to make the guidelines; and
(iii) council, at least 25 working days before the end of the initial period, gives the Minister written notice (an extension notice ) stating—
(A) that the council seeks an extension of time to make the guidelines; and
(B) the reasons for the extension; and
(iv) Minister does not, within 10 working days after receiving an extension notice, tell the council in writing that the extension notice is opposed;
(c) the Minister gives the council a direction under section 26C.
(4) An extension is—
(a) if subsection (3) (a) applies—the period of extended provisional registration; or
(b) if subsection (3) (b) applies—3 months beginning on the day after the end of the initial period; or
(c) if subsection (3) (c) applies—3 months beginning on the day after the end of the initial period; or
(d) if subsection (3) (a) and (b) apply—the period in paragraph (a) only; or
(e) if subsection (3) (a) and (c) apply—the period in paragraph (a) plus the period in paragraph (c); or
(f) if subsection (3) (b) and (c) apply—the period in paragraph (b) plus the period in paragraph (c); or
(g) if subsection (3) (a), (b) and (c) apply—the period in paragraph (a) plus the period in paragraph (c).
(5) An extension notice that is not opposed by the Minister—
(a) is a notifiable instrument; and
(b) must be notified under the Legislation Act
within 5 working days of the last day on which the Minister could have opposed the extension notice.
(6) The council must, as soon as practicable, give additional public notice of the extension notice under subsection (5).
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 (6) is in addition to the requirement for notification on the legislation register as a notifiable instrument.
(7) If the council has not made the guidelines by the end of the period allowed under this section—
(a) the proposal for the guidelines lapses; and
(b) if the council wishes to make the guidelines—the council must comply with the requirements under section 26 (Public consultation about heritage guidelines) again.