Heritage Act 2017

After considering an application for an exclusion determination in relation to a place or object, the Executive Director must—

make the exclusion determination as specified in the application, if the Executive Director is satisfied that the place or object has no reasonable prospect of inclusion in the Heritage Register; or

make an exclusion determination in relation to a part of the place or object, if the Executive Director is satisfied that the part of the place or object has no reasonable prospect of inclusion in the Heritage Register; or

refuse to make the exclusion determination, if the Executive Director is not so satisfied as mentioned in paragraph (a) or (b).

If the Executive Director makes an exclusion determination in relation to a place or part of a place, the Executive Director may refer the determination to the relevant planning authority or the Minister administering the Planning and Environment Act 1987 to consider the inclusion of the place, or the part of the place, as the case requires, in a planning scheme in accordance with the objectives set out in section 4(1)(d) of that Act.