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HERITAGE ACT 1977 - SECT 33
Procedure before recommendation for listing
33 Procedure before recommendation for listing
(1) Before making a recommendation for the listing of an item on the
State Heritage Register, the Heritage Council must follow this procedure-- (a)
the Heritage Council is to give notice that it is going to consider whether or
not to recommend the listing of the item concerned (a
"notice of intention to consider listing" )-- (i) by written notice given to
each person that it considers to be an affected owner or occupier (except in
the case of the listing of a precinct), or
(ii) in the case of the listing of
a precinct, by notice published in a manner that the Heritage Council is
satisfied is likely to bring the notice to the attention of affected owners or
occupiers and of members of the public, and
(b) within 14 days after
notice of intention to consider listing is given under paragraph (a) (i), the
Heritage Council is to cause a notice of intention to consider listing to be
published in a manner that the Heritage Council is satisfied is likely to
bring the notice to the attention of members of the public in the area in
which the item is situated, and
(c) a notice of intention to consider listing
is to invite submissions on the listing and is to specify a date as the
closing date for the receipt of submissions (being a date that is at least 14
days after notice under paragraph (a) (ii) or (b) was first published) and the
manner in which submissions may be made, and
(d) the Heritage Council is to
consider the submissions that are received before the closing date for receipt
of submissions and is to decide within 30 days after that closing date whether
or not to recommend the listing, and
(e) the Heritage Council is to give
notice of its decision in the same manner as it is required to give notice of
its intention to consider listing under paragraph (a) and is also to give
notice to the council of the area in which the item is situated and to each of
the persons who made submissions that were considered, and
(f) if the
decision of the Heritage Council is to recommend the listing, the
Heritage Council is to make that recommendation to the Minister within 14 days
after notice is given of the decision under paragraph (e).
(2) Without
limiting the submissions that can be made for the purposes of this section,
any of the following submissions can be made-- (a) a submission that the item
the subject of the proposed recommendation should not be subject to listing on
the State Heritage Register by reason that it is not of
State heritage significance,
(b) a submission that the item the subject of
the proposed recommendation should not be subject to listing on the
State Heritage Register by reason that its long-term conservation is not
necessary,
(c) a submission that the item the subject of the proposed
recommendation should not be subject to listing on the State Heritage Register
by reason that listing would render the item incapable of reasonable or
economic use,
(d) a submission that conservation of the item the subject of
the proposed recommendation could not be achieved without causing undue
financial hardship to the owner, mortgagee or lessee of the item or the land
on which the item is situated.
(3) The Heritage Council must not make a
decision to recommend the listing of an item on the State Heritage Register
unless it considers that-- (a) the item satisfies more than one of the
criteria approved as referred to in section 4A for determining whether an item
is of State heritage significance, or
(b) if it satisfies only one of those
criteria, the item is of such particular significance that it should be
listed.
(4) Without limiting any other matter it may consider in determining
whether to make a recommendation, the Heritage Council may consider the
following (whether or not any submissions are made under subsection (2))-- (a)
whether the long-term conservation of the item is necessary,
(b) whether the
listing would render the item incapable of reasonable or economic use,
(c)
whether the listing would cause undue financial hardship to the owner,
mortgagee or lessee of the item or the land on which the item is situated.
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