Heritage Places Act 1993

Subject to this section, if, in relation to a State Heritage Place entered in the Register as a confirmed entry, the Council gives notice under section 17(7) that it has designated the place as a place of geological, palaeontological or speleological significance or a place of archaeological significance, any person may, within 3 months after the notice is given, make written representations to the

Council in relation to 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.

After considering the representations (if any) made under this section, the Council may, subject to any direction of the Minister under this section, retain or revoke the designation of a State Heritage Place as a place of geological, palaeontological or speleological significance or a place of archaeological significance.

If the Minister is of the opinion that 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 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 designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance 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), set out the grounds on which the Minister considers that such a designation of the place would be contrary to the public interest.

If—

the

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

the

Minister directs that a designation be revoked, the

Council must remove the designation from the relevant entry in the

Register.

Notice of the retention or revocation of a designation of a place as a place of geological, palaeontological or speleological significance or a place of archaeological significance must be given—

by written notice to the owner of land constituting the relevant place;

and

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.

The

Council must take all reasonable steps to make a decision about whether a designation should be retained or revoked within 12 months after the date on which the designation 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 designation must be revoked.

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).