Commonwealth Numbered Acts

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AUSTRALIAN HERITAGE COUNCIL ACT 2003 No. 85, 2003 - SECT 23

Removing places etc. from the Register
(1)
The Council may remove a place, part of a place, or heritage value (the lost value ) of a place from the Register only if the Council:

(a)
has taken all practicable steps:
(i)
to identify each person who is an owner or occupier of some or all of the place or part; and
(ii)
if the Council considers, in the case of the removal of the place or part, that the place had an indigenous heritage value or, in the case of removal of the lost value, that the lost value is an indigenous heritage value—to identify each indigenous person who has rights or interests in the place or part; and
(b)
has taken all practicable steps to advise each person identified that the Council is considering whether to remove the place, part or lost value from the Register; and
(c)
has given persons advised a reasonable opportunity to comment in writing whether the place, part or lost value should be removed from the Register; and
(d)
considers:
(i)
the place no longer meets the registration criterion; or
(ii)
the part no longer contributes to the place meeting the registration criterion; or
(iii)
the place no longer meets the registration criterion because of the lost value (whether or not the place meets the registration criterion for another reason).
(2)
However, the Council must remove a place from the Register if the Minister directs the Council to do so after being requested to conduct a review under section 24.


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