Victorian Current Acts Victorian Current ActsS. 28(1) substituted by No. 5/2023 s. 29(1).
(1) Subject to subsection (2), the Executive Director cannot accept a nomination under this Division if—
(a) the Executive Director, in the preceding 5 years, has refused a nomination in relation to the same or substantially the same place, object or land on the grounds that the nominated place, object or land has no reasonable prospect of inclusion in the Heritage Register; or
(b) the Heritage Council, in the preceding 5 years—
(i) has refused to register the place or object following a nomination under section 27 or 27A; or
(ii) has removed the place or object from the Heritage Register; or
(iii) has refused to include the land following a nomination under section 27B as part of a place in the Heritage Register; or
(iv) has amended the Heritage Register to remove the land from a registered place; or
(c) the Minister, in the preceding 5 years, has refused to—
(i) register the place or object following a nomination under section 27 or 27A; or
(ii) include the land following a nomination under section 27B as part of a place in the Heritage Register.
S. 28(1A) inserted by No. 5/2023 s. 20(1).
(1A) In addition, subject to subsection (2), the Executive Director cannot accept a nomination under this Division if the Executive Director, in the preceding 5 years, has made an exclusion determination in relation to the place or object or the part of the place or object.
S. 28(2) amended by No. 5/2023 s. 29(2).
(2) If the Executive Director receives new information relating to a place, object or land which was not available to the Executive Director, the Heritage Council or the Minister in making a decision referred to in subsection (1), and the Executive Director considers the information to be of significance, the Executive Director may accept a nomination relating to—
S. 28(2)(a) amended by No. 5/2023 ss 20(2), 29(2).
(a) a place, object or land referred to in subsections (1)(a) or (b) or (1A); or
S. 28(2)(b) amended by No. 5/2023 s. 29(2).
(b) with the consent of the Minister, a place, object or land referred to in subsection (1)(c).