Heritage Act 2018

If the Council determines under section 43 or otherwise that an amendment to the land description in an entry in the register warrants consideration in detail it may —

review the cultural heritage significance of the place; and

consult each owner of the place, and undertake public consultation in relation to the proposed amendment, in accordance with the regulations; and

consider whether the requested amendment is desirable, having regard to —

the cultural heritage significance of the place; and

the way in which the amendment would affect the cultural heritage significance of the place; and

any submissions received in the course of consultation under paragraph (b);

if the Council thinks it necessary and appropriate, make an application under section 37(3).

When the Council has completed consideration in detail under subsection (1), it may recommend to the Minister that the amendment be made.

If the Council recommends to the Minister that an amendment to the land description in an entry in the register be made, it must —

advise the Minister on —

the cultural heritage significance of the place; and

any submissions received in the course of consultation under subsection (1)(b); and

its reasons for recommending the amendment be made;

if the amendment was initiated by a request under section 43(1), recommend any conditions that the owner of the land should be required to satisfy before the amendment is made; and

prepare and provide to the Minister the amendment that it recommends be made.

The Council must publish, in accordance with the regulations, an advertisement in relation to a recommendation made under subsection (2).

The Council must not include in the advertisement information regarding any person consulted, or any submission received, in the course of public consultation without the consent of the person consulted or the person making the submission.