Heritage Act 1977

Before making a recommendation for the listing of an item on the State Heritage Register, the Heritage Council must follow this procedure—

the Heritage Council is to give notice that it is going to consider whether or not to recommend the listing of the item concerned (a notice of intention to consider listing)—

by written notice given to each person that it considers to be an affected owner or occupier (except in the case of the listing of a precinct), or

in the case of the listing of a precinct, by notice published in a manner that the Heritage Council is satisfied is likely to bring the notice to the attention of affected owners or occupiers and of members of the public, and

within 14 days after notice of intention to consider listing is given under paragraph (a) (i), the Heritage Council is to cause a notice of intention to consider listing to be published in a manner that the Heritage Council is satisfied is likely to bring the notice to the attention of members of the public in the area in which the item is situated, and

a notice of intention to consider listing is to invite submissions on the listing and is to specify a date as the closing date for the receipt of submissions (being a date that is at least 14 days after notice under paragraph (a) (ii) or (b) was first published) and the manner in which submissions may be made, and

the Heritage Council is to consider the submissions that are received before the closing date for receipt of submissions and is to decide within 30 days after that closing date whether or not to recommend the listing, and

the Heritage Council is to give notice of its decision in the same manner as it is required to give notice of its intention to consider listing under paragraph (a) and is also to give notice to the council of the area in which the item is situated and to each of the persons who made submissions that were considered, and

if the decision of the Heritage Council is to recommend the listing, the Heritage Council is to make that recommendation to the Minister within 14 days after notice is given of the decision under paragraph (e).

Without limiting the submissions that can be made for the purposes of this section, any of the following submissions can be made—

a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that it is not of State heritage significance,

a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that its long-term conservation is not necessary,

a submission that the item the subject of the proposed recommendation should not be subject to listing on the State Heritage Register by reason that listing would render the item incapable of reasonable or economic use,

a submission that conservation of the item the subject of the proposed recommendation could not be achieved without causing undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.

The Heritage Council must not make a decision to recommend the listing of an item on the State Heritage Register unless it considers that—

the item satisfies more than one of the criteria approved as referred to in section 4A for determining whether an item is of State heritage significance, or

if it satisfies only one of those criteria, the item is of such particular significance that it should be listed.

Without limiting any other matter it may consider in determining whether to make a recommendation, the Heritage Council may consider the following (whether or not any submissions are made under subsection (2))—

whether the long-term conservation of the item is necessary,

whether the listing would render the item incapable of reasonable or economic use,

whether the listing would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.