Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts8. (1) Where there is no Heritage Objects Register, during the defined period an interim Heritage Objects Register has effect as if it were the Heritage Objects Register.
(2) Where an interim Heritage Objects Register is in the form of an interim variation to the Heritage Objects Register, during the defined period the Territory, the Executive, or a Minister shall not, except where subsection (3) applies, do any act, or approve the doing of any act that—
(a) would be inconsistent with the Heritage Objects Register if it were varied in accordance with the interim variation; or
(b) is inconsistent with the Heritage Objects Register.
(3) Subsection (2) does not apply in relation to the doing of any act, or the approval of the doing of any act, by the Territory, the Executive or a Minister where—
(a) there is no prudent and feasible alternative; and
(b) all prudent and feasible measures to comply with any requirement specified in—
(i) the Heritage Objects Register if it were varied in accordance with the interim Heritage Objects Register; and
(ii) the Heritage Objects Register;
for the conservation of the heritage significance of the relevant object are taken or are to be taken in doing that act.
(4) In this section, in relation to an interim Heritage Objects Register—
(a) the day before—
(i) where the interim Register is approved under section 16—the date of effect of the Register or variation so approved; or
(ii) where the interim Register is refused approval under section 16 —the date the refusal is notified under that section; or
(b) the period specified in the notice in the Gazette under section 12 ;
whichever is shorter.
(5) In paragraph (a) of the definition of “defined period” in subsection (4), where part only of an interim Heritage Objects Register is approved or is refused approval under paragraph 16 (1) (b), a reference to the interim Register is to be read as a reference to that part of the interim Register.