Heritage Act 2017

A person or body whose nomination has been refused by the Executive Director under section 29 may make a written request to the Heritage Council to review the Executive Director's decision refusing that nomination.

A request under subsection (1) must—

be lodged within 28 days after the nominator receives written notice of the Executive Director's decision refusing the nomination; and

be accompanied by the prescribed fee (if any).

The Heritage Council may request the Executive Director to provide any information in relation to the decision refusing the nomination.

The Executive Director must provide any information requested under subsection (3).

In determining a review, the Heritage Council may—

affirm the decision under review; or

set aside the decision under review and make another decision in substitution for it; or

set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.

The Heritage Council must determine a review of a decision by the Executive Director within 40 days of receiving a request for review.

The Heritage Council must give the nominator written notice of the outcome of a review within 7 days of the review, including a written statement of reasons for its decision.

In addition to the notice under subsection (8), the Heritage Council must give written notice of the outcome of a review to—

the owner of the place, object or land; and

the responsible authority for the area in which the place, object or land is situated and, if the responsible authority is not a municipal council, the relevant municipal council; and

the Executive Director.