Australian Capital Territory Numbered Acts

HERITAGE AMENDMENT ACT 2024 (NO. 32 OF 2024) - SECT 9

substitute

29     Decision about nomination application

    (1)     This section applies if the council—

        (a)     receives a nomination application; and

        (b)     does not reject it under section 28 (3).

    (2)     The council must, as soon as practicable—

        (a)     assess the merit of the nomination application; and

        (b)     either—

              (i)     dismiss the application; or

              (ii)     accept the application and consider whether to provisionally register the place or object the subject of the application under section 32.

    (3)     The council must dismiss the nomination application if—

        (a)     the council is satisfied on reasonable grounds that the application is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or

        (b)     the council believes on reasonable grounds that accepting the application is unlikely to result in registration of the place or object; or

        (c)     the council—

              (i)     knows, or believes on reasonable grounds, the application contains incorrect, insufficient or outdated information about the place or object the subject of the application; and

              (ii)     is satisfied on reasonable grounds that, because of the incorrect, insufficient or outdated information, accepting the application is unlikely to result in registration of the place or object; or

        (d)     after the application is made—

              (i)     something happens to the place or object the subject of the application that changes any of the details about the place or object provided in the application; and

              (ii)     the council is satisfied there are no longer any grounds for accepting the application; or

        (e)     the council—

              (i)     has previously decided not to register the place or object the subject of the application; and

              (ii)     is satisfied that the application shows no substantial new grounds for registration.

    (4)     The council must, as far as practicable within 15 working days after making a decision under subsection (2) (b)—

        (a)     if the council dismisses the application—give the applicant written notice of the dismissal and the reasons for the dismissal; or

        (b)     if the council accepts the application—tell each interested person about the decision.

Note     Interested person —see s 13.

    (5)     In this section:

"lacking in substance"—a nomination application is lacking in substance if the council is satisfied on reasonable grounds that the application contains insufficient information for the council to make a decision about provisional registration.