Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 22

insert

26A     Period for making heritage guidelines

    (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 after the last day on which the Minister could have opposed the extension notice; and

        (c)     must be published in a daily newspaper as soon as practicable.

    (6)     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.

26B     Report to Minister about public consultation on heritage guidelines

As soon as practicable after the end of the public consultation period in relation to heritage guidelines, the council must give the Minister a written report that—

        (a)     identifies the guidelines the council proposes to make; and

        (b)     gives the council's view about the need for the proposed guidelines; and

        (c)     identifies any issues raised in comments made to the council before the end of the public consultation period; and

        (d)     includes a copy of the written comments (if any); and

        (e)     identifies any other change the council proposes to make to the guidelines taking into account the issues raised in the comments.

26C     Minister may require further consideration by council on heritage guidelines

    (1)     The Minister may direct the council to give further consideration to—

        (a)     issues raised in, or arising from, its report to the Minister under section 26B; or

        (b)     any other matter the Minister considers—

              (i)     relevant to the proposed guidelines; and

              (ii)     related to the functions of the council.

    (2)     The Minister must give the direction to the council in writing within 15 working days after the day the report is given to the Minister.

26D     Heritage guidelines revocation

The heritage guidelines for a particular place or object are revoked if the place or object ceases to be registered.

Note     A registered place or object includes a provisionally registered place or object (see s 11).

26E     Notification about heritage guidelines

The council must, as far as practicable, give each interested person for a place or object written notice about the following:

        (a)     proposed heritage guidelines for the place or object;

        (b)     notification of the guidelines;

        (c)     revocation of the guidelines.

Note     If a provision of a law requires something to be done but does not provide a time for doing the thing, the thing must or may be done as soon as possible and as often as needed (see Legislation Act

, s 151B).