Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341J

Nominations in relation to first assessment period

  (1)   Within 30 business days after the cut - off date specified in the notice under subsection   341H(1) for the first assessment period, the Minister must give the Australian Heritage Council the nominations that the Minister:

  (a)   had received before the end of that cut - off date; and

  (b)   had not already requested the Australian Heritage Council, under section   341E (as in force before the commencement of this section), to assess; and

  (c)   had not already rejected under section   341E (as in force before the commencement of this section); and

  (d)   does not reject under subsection   (4).

  (2)   Subsection   (1) does not apply to a nomination of a place if the Minister had, before the commencement of this section, included the place in the Commonwealth Heritage List under section   341F (as in force before the commencement of this section).

Nominations in relation to later assessment periods

  (3)   Within 30 business days after the cut - off date (the current cut - off date ) specified in the notice under subsection   341H(1) for an assessment period (other than the first), the Minister must give the Australian Heritage Council the nominations that were received by the Minister in the period:

  (a)   starting immediately after the end of the cut - off date specified in the notice under subsection   341H(1) for the immediately preceding assessment period; and

  (b)   ending at the end of the current cut - off date;

other than any such nominations that the Minister has rejected under subsection   (4).

Minister may reject nominations

  (4)   The Minister may, in writing, reject a nomination if the Minister considers that:

  (a)   the nomination is vexatious, frivolous or not made in good faith; or

  (b)   the Minister considers that regulations referred to in paragraph   341H(3)(b) or (c) have not been complied with in relation to the nomination.

  (5)   If a nomination is rejected under paragraph   (4)(b), the Minister must, if practicable, notify the person who made the nomination of the rejection of the nomination and the reason for the rejection.

Definition

  (6)   In this section:

"nomination" means a nomination of a place for inclusion in the Commonwealth Heritage List.