HERITAGE ACT 2004 - SECT 13 Meaning of interested person
HERITAGE ACT 2004 - SECT 13
Meaning of interested person(1) In this Act:
"interested person" means the following:
(a) for a place or object on Territory land—the territory planning authority;
(b) for a place or object that affects the conservation of flora or fauna—the conservator;
(c) for a place or object the council considers may be relevant to the Commonwealth—the national capital authority;
(d) for a place—the following:
(i) the owner of the place;
(ii) the occupier of the place;
(iii) the lessee or sublessee of the place;
(iv) the architect or designer of a building, structure or landscape at the place;
(v) any person who made a nomination application for the place;
(vi) any person who made an urgent provisional registration application for the place;
(vii) any person who made a cancellation proposal for the place;
(viii) any person who made a register amendment application for the place;
(e) for an object—the following:
(i) the owner of the object;
(ii) the person in possession of the object;
(iii) the designer of the object;
(iv) if the object is an artwork—the artist who created the object;
(v) any person who made a nomination application for the object;
(vi) any person who made an urgent provisional registration application for the object;
(vii) any person who made a cancellation proposal for the object;
(viii) any person who made a register amendment application for the object;
(f) for a place or object that is also an Aboriginal place or Aboriginal object—the following:
(i) for an Aboriginal place—a person (or entity) mentioned in paragraphs (a) to (d);
(ii) for an Aboriginal object—a person (or entity) mentioned in paragraphs (a) to (c), and paragraph (e);
(iii) a representative Aboriginal organisation;
(iv) if the discovery of the place or object was reported under section 51 —the person who reported the discovery;
(g) for a decision under section 40 (Decision about registration)—anyone who made comments, in writing, to the council about the decision before the end of the public consultation period for the decision;
(h) for a decision under section 49 (Decision about cancellation proposal)—anyone who made comments, in writing, to the council about the decision before the end of the public consultation period for the decision.
(2) However, a person is an "interested person" for part 17 (Notification and review of decisions) only if the person is 1 of the following:
(a) for a decision under section 40 (Decision about registration)—the following:
(i) a person mentioned in subsection (1) (g);
(ii) if the decision relates to a place—a person mentioned in subsection (1) (d) (i) to (iii);
(iii) if the decision relates to an object—a person mentioned in subsection (1) (e) (i) and (ii);
(b) for a decision under section 49 (Decision about cancellation proposal)—the following:
(i) a person mentioned in subsection (1) (h);
(ii) if the decision relates to a place—a person mentioned in subsection (1) (d) (i) to (iii);
(iii) if the decision relates to an object—a person mentioned in subsection (1) (e) (i) and (ii);
(c) for a decision under section 56 (Approval to publish restricted information)—the applicant for approval;
(d) for a decision under section 62 (Heritage direction by council)—the person to whom the direction is given;
(e) for a decision under section 67A (Repair damage direction by council)—the following:
(i) the person to whom the direction is given;
(ii) if the decision relates to a place—a person mentioned in subsection (1) (d) (i);
(iii) if the decision relates to an object—a person mentioned in subsection (1) (e) (i);
(f) for a decision under section 67B (Extension of repair damage direction)—the person who applied for the extension;
(g) for a decision under section 95 (Information discovery order)—the person to whom the order is given.
Note An interested person for a reviewable decision is entitled to—
(a) be given a reviewable decision notice (see s 113); and
(b) apply to the ACAT for a review of the decision (see s 114).