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HERITAGE ACT 2017 - SECT 58

Heritage certificates

    (1)     A person may apply to the Executive Director for a heritage certificate.

    (2)     An application under subsection (1) must—

        (a)     be in the prescribed form; and

        (b)     state particulars of the place or object in respect of which the heritage certificate is required; and

        (c)     be accompanied by the prescribed fee (if any).

    (3)     The Executive Director must give the applicant a signed heritage certificate containing the following information in respect of the place or object described in the application—

        (a)     whether or not the place or object is included in the Heritage Register and if so the category or categories in which it is registered;

        (b)     whether or not the place is in a World Heritage Environs Area;

        (c)     whether or not the place or object is subject to an interim protection order and if so the date of the order;

S. 58(3)(d) substituted by No. 5/2023 s. 54.

        (d)     whether or not a nomination has been made for inclusion of the place or object in the Heritage Register and, if a nomination has been made, whether or not the following things have occurred in respect of the nomination—

              (i)     the Executive Director has not accepted the nomination under section 28(1)(a), (b) or (c) or (1A);

              (ii)     the Executive Director has refused the nomination under section 29 and the date on which the refusal occurred;

              (iii)     the Executive Director has given written notice of accepting the nomination under section 34;

              (iv)     the nomination has been withdrawn;

              (v)     at the date the certificate is issued the nomination has not been determined;

S. 58(3)(da) inserted by No. 5/2023 s. 54.

        (da)     whether or not an application for exclusion has been made under section 36A and, if an application has been made, whether or not the following things have occurred in respect of the application—

              (i)     the Executive Director has made the exclusion determination and the date on which the determination was made;

              (ii)     the Executive Director has refused to make the exclusion determination and the date on which the refusal occurred;

              (iii)     the Heritage Council has been requested to review the Executive Director's decision to make, or refuse to make, an exclusion determination;

              (iv)     the Heritage Council has affirmed or set aside the Executive Director's decision to make, or refuse to make, an exclusion determination;

        (e)     whether or not the place or object is being considered for inclusion in the Heritage Register;

        (f)     whether or not a site is included in the Heritage Inventory;

        (g)     whether or not a repair order is in force in respect of the place or object;

        (h)     whether or not an order of the Supreme Court under Division 3 of Part 10 is in force in respect of the place or object;

              (i)     whether or not any Governor in Council declaration made under section 227 is in force against the owner of the place or object;

        (j)     whether or not any court order made under section 229 is in force against a person in respect of the place or object;

        (k)     whether or not there are any current proceedings for a contravention of this Act in respect of the place or object;

        (l)     whether or not any rectification order has been issued in respect of the place or object.

    (4)     The Executive Director must give the applicant a signed heritage certificate within 7 business days after receiving their application.



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