South Australian Numbered Acts South Australian Numbered Acts23—Variation of section 17—Proposal to make entry in Register
(1)
Section 17(1)—delete "The Authority" and substitute:
The Council
(2)
Section 17(2)—delete "The Authority" and substitute:
The Council
(3)
Section 17(2)(a)—delete "heritage value" and substitute:
heritage significance
(4)
Section 17(2)(b)—delete "heritage value" and substitute:
heritage significance
(5)
Section 17—after subsection (2) insert:
(2a) Provisional entry
of a place in the Register takes effect—
(a) if
the decision to provisionally enter the place in the Register is made by
resolution of the Council—from the making of the resolution; or
(b) if
the decision to provisionally enter the place in the Register is made by a
person or body authorised to make the decision pursuant to a delegation under
section 8—from the authorisation of the entry in writing by the
person or body.
(6)
Section 17(3)—delete subsection (3)
(7)
Section 17(4)—delete "the Authority" wherever occurring and substitute
in each case:
the Council
(8)
Section 17(4)(a)(i)—delete "registration" and substitute:
entry
(9)
Section 17(4)(a)(i)—delete "or palaeontological" and substitute:
, palaeontological or speleological
(10)
Section 17(4)(a)(ii)—delete "registration" and substitute:
entry
(11)
Section 17(4)(b)(ii)—delete "or palaeontological" and substitute:
, palaeontological or speleological
(12)
Section 17(4)(b)(iii)—delete "registration" and substitute:
entry
(13)
Section 17(4)(d)—delete paragraph (d) and substitute:
(d) if
the place is within the area of a local council—give written notice to
the local council of the entry.
(14)
Section 17—after subsection (4) insert:
(5) If the Council
has, in relation to a place or area entered in the Register, also entered
in the Register an object under section 14(2)(b), the Council must—
(a) give
the owner of the object a written notice—
(i)
stating the reasons for entering the object
in the Register; and
(ii)
explaining that the owner has a right to make
submissions, within 3 months from the date of the notice, in relation to the
entry; and
(b) give
written notice to the Minister of the entry.
(6) The entry of an
object under section 14(2)(b)—
(a) if
the entry is in relation to a place, may occur on or after the provisional
entry of the place in the Register (or after the confirmation of that entry);
and
(b)
will, at first instance, be taken to be a provisional entry.