Heritage Act 2017

This section applies if the Executive Director—

decides to make an exclusion determination in relation to a place or object or part of a place or object; or

refuses to make an exclusion determination in relation to a place or object or part of a place or object.

Within 14 days of the decision, the Executive Director must give written notice of the decision to the following—

the applicant;

the owner of the place or object or the part of the place or object;

the responsible authority for the area in which the place or object or the part of the place or object is situated;

if the responsible authority for the area in which the place or object or the part of the place or object is situated is not a municipal council, the relevant municipal council.

The written notice must include—

reasons for the decision; and

a statement that specifies—

who has the right to request a review of the decision under section 36E; and

the process that will apply if a review of the decision is not requested, or if a decision is made on a review of the decision.

In the case of a decision to make an exclusion determination in relation to a place or object or part of a place or object, within 14 days of the decision, the Executive Director must also—

publish the exclusion determination in a newspaper circulating generally in the area in which the place or object or the part of the place or object is situated; and

make the exclusion determination available on the Internet site of the Department for a period of at least 14 days; and

include with the exclusion determination, as published or made available, a statement that a person who has a real and substantial interest in the place or object or the part of the place or object has the right to request a review of the decision to make the exclusion determination.