Heritage Places Act 1993

Subject to this section, if the Council gives notice that it has made a provisional entry in the Register, any person may, within 3 months after the notice is given, make written representations to the

Council on—

whether the entry should be confirmed; and

if the provisional entry includes a designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance under section 14(7)—the designation.

If the Minister is of the opinion that the period that applies under subsection (1) should be extended in the public interest, the Minister may, by notice in the Gazette, extend that period for a further period of up to 3 months.

If a person who makes written representations under this section seeks to appear personally before the Council to make oral representations, the Council must, unless the submission is frivolous, allow that person a reasonable opportunity to do so.

The

Council must consider all written and oral representations made under this section.

If, after considering the representations (if any) made under this section, the Council is of the opinion that the entry in the

Register should be confirmed, the Council may, subject to any direction of the Minister under this section, confirm the entry.

If the provisional entry in the Register is confirmed, the Council may, after considering the representations (if any) made under this section in relation to the designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, subject to any direction of the Minister, determine whether to retain or revoke the designation.

Confirmation of an entry in the Register takes effect from the making of the resolution by the Council to confirm the entry.

If the Minister is of the opinion that—

the confirmation of a provisional entry in the Register; or

the designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, may be contrary to the public interest the Minister may, by instrument in writing, direct the Council to defer making a decision on—

whether or not to confirm the entry; or

whether to retain or revoke the designation, until the Minister determines the matter (and the Council must comply with any direction of the Minister under this subsection).

If the Minister is of the opinion that the confirmation of a provisional entry in the Register would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the entry be removed from the Register.

If the Minister, not having directed under subsection (7) that the provisional entry of a place, being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance, be removed, is of the opinion that such designation of the place would be contrary to the public interest (whether or not the Minister has acted under subsection (6)), the Minister may, after consultation with the Council, by instrument in writing, direct that the designation be revoked.

The

Minister must, when acting under subsection (7) or (7aa), set out the grounds on which the Minister considers that the confirmation of the provisional entry, or the designation of the place, (as the case requires) would be contrary to the public interest.

The

Minister may act under subsection (6) or (7) at any time after the provisional entry has been made in the Register.

If—

the

Council, after considering the representations (if any) made under this section, is of the opinion that a provisional entry should not be confirmed; or

the

Minister directs the removal of a provisional entry from the

Register, the

Council must remove the provisional entry (including any related designation) from the Register.

If the provisional entry of a place (being a place designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance) has been confirmed under this section and—

the

Council, after considering the representations (if any) made under this section in relation to the designation of the place, is of the opinion that the designation should be revoked; or

the

Minister directs that the designation be revoked, the

Council must remove the designation from the relevant entry in the

Register.

Notice of the confirmation or removal of a provisional entry, and if relevant, the retention or revocation of a designation in relation to the entry must be given—

by written notice to the owner of land constituting the relevant place and, if the entry relates to or includes an object under section 14(2)(b), to the owner of the object; and

by notice published on a website determined by the Minister or by such other means prescribed by the regulations; and

by written notice to the Minister; and

if the relevant place is within the area of a local council—by written notice to the local council.

Written notice to the owners of land constituting the place of a decision to confirm an entry of the place must explain to what extent (if any) development of the place is controlled under the relevant provisions of the Planning and Design Code.

The

Council must take all reasonable steps to make a decision about whether a provisional entry should or should not be confirmed, and whether any related designation of the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be retained or revoked, within 12 months after the date on which the entry was made and if the Council fails to make a decision within that period or such longer period as is allowed by the Minister under this subsection in the particular case, the provisional entry must be removed from the

Register.

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).