Heritage Act 2017

This section applies to a nomination of a place or object or a part of a place or object for inclusion in the Heritage Register if—

the nomination was made before the commencement of Part 3 of the Heritage Amendment Act 2023; and

an application is made for an exclusion determination in relation to the place or object, for an exclusion determination that covers all or any of the place or object; and

on the day of the application for the exclusion determination (the application day), a recommendation under section 37 had not been made in relation to the nomination.

The nomination of the place or object or the part of the place or object for inclusion in the Heritage Register is taken to be withdrawn, on and from the application day, to the extent that it overlaps with the application for the exclusion determination.

In deciding under section 36C whether or not to make an exclusion determination in relation to the place or object, the Executive Director must have regard to any information provided in relation to the nomination of the place or object for inclusion in the Heritage Register.