Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 23

substitute

28     Application for provisional registration of place or object—nomination application

    (1)     A person may make an application (a nomination application ) requesting that the council provisionally register a place or object under section 33.

    (2)     A nomination application must—

        (a)     be in writing; and

        (b)     be given to the council; and

        (c)     include the following details about the place or object to which the nomination relates:

              (i)     its name;

              (ii)     its location or address;

              (iii)     a statement by the applicant about why the place or object has heritage significance.

Note 1     If a form is approved under s 119 for a nomination application, the form must be used.

Note 2     A fee may be determined under s 120 for this provision.

Note 3     Section 117 deals with giving documents to the council.

29     Decision about nomination application

    (1)     As soon as practicable after receiving a nomination application, the council must assess the merit of each nomination application received and—

        (a)     dismiss the application if—

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

              (ii)     the council has previously decided not to register the place or object the subject of the application, and is satisfied that the application shows no substantial new grounds for registration; or

        (b)     if the application is not dismissed under paragraph (a)—accept the application and exercise the council's functions under section 32 (Decision about provisional registration).

    (2)     The council must—

        (a)     if the council dismisses a nomination application—give the person who made the application written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the day the decision is made; and

        (b)     if the council accepts a nomination application—tell each interested person about the decision as far as practicable within 15 working days after the day the decision is made.

Note     Interested person —see s 13.

30     Request for urgent provisional registration

    (1)     A person may make an application (an urgent provisional registration application ) requesting that the council urgently decide whether to provisionally register a place or object.

    (2)     An urgent provisional registration application—

        (a)     must be in writing; and

        (b)     must be given to the council; and

        (c)     may be made—

              (i)     at the same time as a nomination application for the place or object to which the urgent provisional registration application relates is given to the council, or a later time; and

              (ii)     by the same person who made the nomination application, or someone else.

Examples—urgent provisional registration applications

1     a member of the Legislative Assembly applies for urgent provisional registration to protect a place or object under imminent threat

2     a developer applies for urgent provisional registration to avoid delay in a development project

Note 1     If a form is approved under s 119 for an application under this section, the form must be used.

Note 2     A fee may be determined under s 120 for this provision.

Note 3     Section 117 deals with giving documents to the council .

Note 4     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     The council must accept the application only if—

        (a)     the place or object mentioned in the application is a nominated place or object; and

        (b)     either—

              (i)     the application complies with subsection (2); or

              (ii)     if the application does not comply with subsection (2)—the council agrees to accept the application.

    (4)     If the council accepts the application, the council must—

        (a)     as far as practicable, make a decision under section 32 about the place or object as if the place or object was a nominated place or object—

              (i)     if the place is a precinct—within 60 working days after the day the council receives the application; or

              (ii)     in any other case—within 20 working days after the day the council receives the application; and

        (b)     notify each interested person of the decision.

    (5)     If the council dismisses the application the council must notify the applicant of the dismissal as far as practicable within 15 working days of the decision.

31     Council must consult representative Aboriginal organisation

The council must consult each representative Aboriginal organisation about an Aboriginal place or an Aboriginal object before making a decision about registration under division 6.1 (Provisional registration) for the place or object.

31A     Consultation with Flora and Fauna Committee about provisional registration

The council must consult the Flora and Fauna Committee before making a decision about registration under division 6.1 (Provisional registration) for a place or object that forms part of the natural environment.

32     Decision about provisional registration

    (1)     The council—

        (a)     must decide whether or not to provisionally register a nominated place or object; and

        (b)     may decide to provisionally register a place or object that is not a nominated place or object.

    (2)     However, the council may provisionally register a place or object only if satisfied on reasonable grounds that the place or object is likely to have heritage significance.