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s 23

Council may act if registration at State level not justified

In force
Part 4Registration of places
Division 4Removal or alteration of designation

23 Council may act if registration at State level not justified

(1)

If the Council—

(a)

after taking into account the criteria set out in Division 1, is of the opinion that an entry relating to a place in the Register as a State Heritage Place is no longer justified, or that an entry relating to a State Heritage Place should be altered by excluding

part of the place to which the entry applies; or

(b)

is of the opinion that an entry relating to a place in the Register that has been designated as a place of geological, palaeontological or speleological significance or a place of archaeological significance should be altered by varying or revoking the designation, it may give notice of its intention to alter the Register by removing or altering the entry (as the case requires), and invite written representations on the proposal—

(c)

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

(d)

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

(e)

if the place is within the area of a local council—by notice in writing to the local council.

(2)

The

Council must consider any representations made in response to the notice within three months of the date of the notice.

(3)

If the Council, after considering the representations (if any) made in response to the notice, remains of the opinion that the entry should be removed or altered, it may remove or alter the entry accordingly.

(4)

Written notice of the removal or alteration of an entry under this section must be given to the Minister, the Registrar-General, the owner or owners of the land constituting the place (and, if relevant, the owner or owners of any object) and, if the place is within the area of a local council, the local council.

(5)

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

(a)

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

(b)

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).

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