New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 38

38 Removal of items from State Heritage Register

(1) The Minister may, after considering the recommendation of the Heritage Council on the matter, direct the removal of a listing from the State Heritage Register--

(a) if the Minister is of the opinion that the item is not of State heritage significance, or

(b) if the Minister is of the opinion that the long-term conservation of the item is not necessary and that either or both of the following apply to the item--

(i) the listing renders the item incapable of reasonable or economic use,

(ii) the listing causes undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.

(2) The Heritage Council may make such a recommendation to the Minister either at the request of the Minister, or on the Heritage Council's own initiative, or at the request of the owner of the item or of the council of the area in which the item is situated.

(3) The procedure for the removal of a listing from the State Heritage Register is the same as the procedure for listing on the State Heritage Register and for that purpose the provisions of sections 33- 37 (other than section 33 (3)) apply to and in respect of the removal of a listing in the same way as they apply to and in respect of a listing.