HERITAGE ACT 2004 - SECT 24 Heritage register corrections and changes

HERITAGE ACT 2004 - SECT 24

    (1)     The council may, on application or its own initiative, correct a mistake or omission in the heritage register subject to any requirements prescribed by regulation.

    (2)     The council may, on application or its own initiative, change a registration detail included in the heritage register only if—

        (a)     for a change to a registration detail mentioned in section 12  (a), (c) or (d) for a place registered under division 6.2—the council makes a further heritage decision that changes the detail; or

        (b)     in any other case—the council is satisfied that the change is in the interests of maintaining up-to-date, comprehensive and accurate information in the register.

    (3)     An application (a register amendment application ) must—

        (a)     be in writing; and

        (b)     briefly state the proposed correction or change to the register; and

        (c)     be given to the council; and

        (d)     include the following information about the place or object to which the correction or change relates:

              (i)     its name;

              (ii)     its location or address;

              (iii)     a statement by the applicant about the reasons for the proposed correction or change.

Note 1     If a form is approved under s 119 for this provision, the form must be used.

Note 2     A fee may be determined under s 120 for this provision.

Note 3     Section 117 deals with giving documents to the council.

    (4)     As soon as practicable after receiving a register amendment application, the council must assess the merit of the application received and—

        (a)     dismiss the application if—

              (i)     the council is satisfied on reasonable grounds that the application is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or

              (ii)     the council has previously decided not to correct or change the register in the way proposed in the application, and is satisfied that the application shows no substantial new reasons for correction or change; or

        (b)     if the application is not dismissed under paragraph (a)—accept the application and exercise the council's functions under this section.

    (5)     The council must—

        (a)     if the council dismisses a register amendment application—give the person who made the application written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the dismissal; and

        (b)     if the council accepts a register amendment application—tell each interested person about the decision as far as practicable within 15 working days after the day the decision is made.

Note     Interested person —see s 13.

    (6)     In this section:

"change", of a registration detail, includes add extra information to the detail.