Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 70

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Part 20     Transitional—Heritage Legislation Amendment Act 2014

200     Meaning of commencement day —pt 20

In this part:

"commencement day" means the day the Heritage Legislation Amendment Act 2014 , section 23 commences.

201     Application for provisional registration not determined before commencement day

    (1)     This section applies if immediately before the commencement day—

        (a)     a place or object is nominated for provisional registration in an application under section 28; and

        (b)     the application complies with section 28; and

        (c)     the council has not—

              (i)     dismissed the application under section 30; or

              (ii)     made a decision about whether or not to provisionally register the nominated place or object; and

        (d)     the application has not been withdrawn.

    (2)     The application is taken to be accepted by the council under section 29 (1) (b).

Note     A place or object the subject of an application under s 28 that is accepted by the council is a nominated place or object (see dict, def  nominated ).

202     Decisions or proposals made before commencement day

This Act, as in force immediately before the commencement day, continues to apply to the following:

        (a)     if the public consultation period has begun under section 26 for a decision about making heritage guidelines under section 25—the decision under section 25 and any matter under part 5 (including a decision or action by the council or any other person) resulting from the decision;

        (b)     if the public consultation period has begun under section 37 for a decision about registration under section 40—the decision under section 40 and any matter under part 6 (including a decision or action by the council or any other person) resulting from the decision;

        (c)     if the public consultation period has begun under section 46 for a decision about a cancellation proposal under section 47—the decision under section 47 and any matter under part 7 (including a decision or action by the council or any other person) resulting from the proposal.

203     Transitional regulations

    (1)     A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Heritage Legislation Amendment Act 2014 .

    (2)     A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this part.

    (3)     A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.

204     Expiry—pt 20

This part expires 5 years after the commencement day.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).