Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 38

substitute

47     Report to Minister about public consultation

As soon as practicable after the end of the public consultation period in relation to the cancellation of the registration of a place or object, the council must give the Minister a written report that—

        (a)     identifies the place or object; and

        (b)     gives the council's view about whether the registration of the place or object should be cancelled under this part; and

        (c)     identifies 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)     if the council's view is not to cancel the registration of the place or object—identifies any change the council proposes to make to the registration having regard to the issues raised in the comments.

48     Minister may require council to further consider issues related to cancellation

    (1)     The Minister may direct the council to give further consideration to the following when considering a cancellation proposal:

        (a)     any issue raised in, or arising from, the council's report to the Minister for the place or object under section 47;

        (b)     any issue relating to the council's functions.

    (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.

49     Decision about cancellation proposal

    (1)     If the council receives a cancellation proposal about a registered place or object, or proposes cancellation on its own initiative, the council must by written notice either—

        (a)     decide to end the registration of the place or object, in accordance with the proposal by entering the following information in the heritage register:

              (i)     particulars of the place or object and its registration;

              (ii)     the reasons for the decision;

              (iii)     the date the decision takes effect (the cancellation date ); or

        (b)     decide not to end the registration of the place or object.

    (2)     However, any decision of the council under this section may only be made if—

        (a)     the council is satisfied on reasonable grounds that the place or object no longer has heritage significance; and

        (b)     the council has complied with any direction given by the Minister under section 48.

    (3)     The cancellation date must not be a date that happens before the end of the period an interested person may apply to the ACAT for a review of the decision.

    (4)     The notice—

        (a)     is a notifiable instrument; and

        (b)     must be notified under the Legislation Act

within 5 working days after the day the decision is made; and

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

    (5)     The council must take reasonable steps to give a copy of the notice to each interested person within 15 working days after the day the decision is made.