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s 24

Alteration of Register if place to be designated as place of local heritage value

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

24 Alteration of Register if place to be designated as place of local heritage value

(1)

If the Council is of the opinion that a place, or a part of a place, entered in the Register as a State Heritage Place should instead be designated as being a place of local heritage value, the Council must invite written representations on the matter—

(a)

from the owner of the land constituting the place; and

(b)

from the local council in whose area the place is situated (if the place is within the area of a local council), within a period (being a period of at least 28 days) specified by the

Council.

(2)

The

Council must also, on the basis of a request made within the period that applies under subsection (1) (or within such longer period as the Council may allow), allow the owner of the land or, in the case of a local council, a representative of the local council, to appear personally before the

Council to make oral representations.

(3)

If, after considering the representations (if any) made under this section, the Council is of the opinion that the relevant place should be designated as being a place of local heritage value, the

Council may—

(a)

recommend to the Minister responsible for the administration of the Planning,

Development and Infrastructure Act 2016 that an amendment be made to the Planning and Design Code under section 76 of that Act so that the place or part of the place (as the case may be) is designated as a place of local heritage value; and

(b)

if or when the amendment is made to the Planning and Design Code, make any alteration to the Register as it thinks fit.

(4)

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

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