Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 35

    (1)     The period of provisional registration of a place or object begins on the day the place or object is provisionally registered under section 33 (the "provisional registration day") and ends—

        (a)     for a precinct—9 months after the provisional registration day; or

        (b)     in any other case—5 months after the provisional registration day.

    (2)     A period mentioned in subsection (1) (the initial period ) is extended for an additional period (an "extension"), not more than 3 months, if—

        (a)     the council is required to resolve complex issues in relation to the place or object provisionally registered and the council is satisfied on reasonable grounds that the initial period will end before it is able to resolve the issues; and

        (b)     the 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; and

        (c)     the council, at least 25 working days before the end of the initial period, gives the Minister written notice (an extension notice ) stating—

              (i)     that the council seeks an extension; and

              (ii)     the length of the extension sought, including the beginning and end dates of the extension; and

              (iii)     the reasons for the extension; and

        (d)     the Minister does not, within 10 working days after receiving an extension notice, tell the council in writing that the extension is opposed.

    (3)     If the Minister gives the council a direction under section 39 the initial period is extended for 3 months beginning—

        (a)     on the day after the end of the initial period; or

        (b)     if an extension applies to the initial period—on the day after the end of the extension period.

    (4)     However, if a termination event happens before the end of a period of provisional registration worked out under this section, the period of provisional registration ends on the day the event happens.

    (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)     In this section:

"termination event", for a period of provisional registration for a place or object, means a decision by the council to register or not register the place or object under division 6.2.