Queensland Consolidated Acts

QUEENSLAND HERITAGE ACT 1992 - SECT 36

36 Applying to enter place in, or remove place from, register

(1) A person or other entity may apply to the chief executive—

(a) to have a place entered in the Queensland heritage register as a State heritage place; or

(b) to have a State heritage place removed from the register.

(2) The application must—

(a) be in the approved form; and

(b) include the details, required in the approved form, to enable the chief executive to give the council a heritage recommendation for the application; and

(c) for an application to enter a place in the register, be accompanied by—

(i) a written statement, that is based on and refers to historical research, about how the place satisfies each of the cultural heritage criteria the applicant considers relevant for the place; and

(ii) information about the history of the place that is based on and refers to historical research; and

(iii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information; and

(iv) a description of the features of the place that contribute to its cultural heritage significance, supported by photographs, drawings or other documents showing the features; and

(v) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in subparagraph (iv) and the boundary proposed for the place; and

(d) for an application to remove a State heritage place from the register, be accompanied by—

(i) a written statement, that is based on and refers to the following, about how the place does not satisfy each of the cultural heritage criteria the applicant considers relevant for the place—

(A) information in the entry for the place in the register;

(B) historical research; and

(ii) copies or details of material used for the historical research, including, for example, photographs, maps, plans and historical titles information.

(3) An application to remove part of a State heritage place must also include—

(a) a description of the features of the part proposed for removal, supported by photographs, drawings or other documents showing the features; and

(b) a plan showing the relationship between the place’s cadastral boundaries, features mentioned in paragraph (a) and the part proposed for removal.

(4) The applicant may withdraw the application at any time before the council makes a decision on a heritage recommendation for the application.

(5) If the chief executive makes an application under this section, sections 38 (1) (a) and 46 (1) (a) do not apply in relation to the application.

(6) Subsection (1) is subject to section 37 .