Heritage Places Act 1993

The

Council may, on its own initiative or on application by any person, consider whether a particular place within the State should be entered in the Register.

If the Council is of the opinion—

that a place is of heritage significance; or

that a place should be protected while an assessment of its heritage significance is carried out, it may provisionally enter the place in the Register.

Provisional entry of a place in the Register takes effect—

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

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.

If a place is provisionally entered in the Register, the Council must—

give each owner of land constituting the place a written notice—

stating the reasons for provisional entry of the place and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance, stating the reasons for that designation; and

explaining that the owner has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and

give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations—

that the Council has provisionally entered the place in the Register; and

if the Council has designated the place as a place of geological, palaeontological or speleological significance or archaeological significance—that the place has been so designated; and

explaining that any person has a right to make written submissions, within three months of the date of the notice, on whether the entry should be confirmed and, if the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance—the designation; and

give written notice to the Minister of the entry (and any relevant designation); and

if the place is within the area of a local council—give written notice to the local council of the entry (and any relevant designation).

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—

give the owner of the object a written notice—

stating the reasons for entering the object in the Register; and

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

give written notice to the Minister of the entry.

The entry of an object under section 14(2)(b)—

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

will, at first instance, be taken to be a provisional entry.

If the Council, in relation to a State Heritage Place entered in the

Register as a confirmed entry, subsequently designates the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7), the Council must—

give each owner of the land constituting the place a written notice—

stating the reasons for the designation; and

explaining that the owner has a right to make submissions, within 3 months from the date of the notice, in relation to the designation; and

give notice by notice published on a website determined by the Minister or by such other means prescribed by the regulations—

that the Council has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance; and

explaining that any person has a right to make written submissions, within

3 months of the date of the notice, in relation to the designation; and

give written notice to the Minister of the designation; and

if the place is within the area of a local council—give written notice to the local council of the designation.

In relation to a part of the State that is not within the area of a council, a reference in this section to—

a local council will be taken to be a reference to the Outback

Communities Authority established under the Outback

Communities (Administration and Management) Act 2009;

and

the area of a local council will be taken to be a reference to the outback (within the meaning of the Outback

Communities (Administration and Management) Act 2009).