AUSTRALIAN HERITAGE COUNCIL ACT 2003 No. 85, 2003 - SECT 22 Including places in the Register

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AUSTRALIAN HERITAGE COUNCIL ACT 2003 No. 85, 2003 - SECT 22

Including places in the Register

(1): The Council may include a place in the Register only if the Council:

(a): has taken all practicable steps:

(i): to identify each person who is an owner or occupier of all or part of the place; and
(ii): if the Council considers the place has an indigenous heritage value—to identify each indigenous person who has rights or interests in all or part of the place; and

(b): has taken all practicable steps to advise each person identified that the Council is considering whether to include the place in the Register; and
(c): has given persons advised a reasonable opportunity to comment in writing whether the place should be included in the Register; and
(d): considers the place meets the registration criterion.

(2): A place meets the registration criterion if the place has a significant heritage value because of one or more of the following:

(a): the place's importance in the course, or pattern, of Australia's natural or cultural history;
(b): the place's possession of uncommon, rare or endangered aspects of Australia's natural or cultural history;
(c): the place's potential to yield information that will contribute to an understanding of Australia's natural or cultural history;
(d): the place's importance in demonstrating the principal characteristics of:

(i): a class of Australia's natural or cultural places; or
(ii): a class of Australia's natural or cultural environments;

(e): the place's importance in exhibiting particular aesthetic characteristics valued by a community or cultural group;
(f): the place's importance in demonstrating a high degree of creative or technical achievement at a particular period;
(g): the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;
(h): the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history;
(i): the place's importance as part of indigenous tradition.

Note: Under subsection 3(2), the expression heritage value has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 . Section 528 of that Act defines heritage value of a place as including the place's natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.

(4): The Council must include a place in the Register with the boundary and heritage values specified by the Minister if the Minister directs the Council to do so after being requested to conduct a review under section 24.
(5): The Register, as first kept by the Council, is to include all the places that were included in the Register of the National Estate kept under the Australian Heritage Commission Act 1975 immediately before the commencement of this section.
(6): Subsections (4) and (5) have effect despite subsection (1).

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