Heritage Act 2011

(i) the Minister has requested the Council to assess whether the Minister should revoke all or part of the declaration of a heritage place or object; or

(ii) a request or application had been made under the repealed Act for an assessment as to whether the Minister should revoke all or part of the declaration of a heritage place or object; and

(b) immediately before the commencement day, the assessment process under Part 6A of the repealed Act had not been completed for the place or object.

Note for subsection (1)

Under Part 6A of the repealed Act, the assessment process for revoking the declaration of a heritage place or object includes the following:

(a) assessment of the place or object by having regard to relevant heritage assessment criteria;

(b) seeking comments about the revocation;

(c) considering comments received;

(d) making a recommendation to, and decision by, the Minister about making the revocation.

(2) Despite its repeal, the repealed Act continues to apply in relation to the assessment process for the heritage place or object.

(3) However, if the Minister accepts the recommendation to revoke the declaration of the heritage place or object:

Note for subsection (3)

Because of subsection (2), notice of the declaration of revocation is given under section 39H(4) of the repealed Act and Part 8 (Appeals) of the repealed Act continues to apply to the decision made in relation to the assessment of the place or object.