HERITAGE ACT 2004 - SECT 30 Request for urgent provisional registration

HERITAGE ACT 2004 - SECT 30

    (1)     A person may make an application (an urgent provisional registration application ) requesting that the council urgently decide whether to provisionally register a place or object.

    (2)     An urgent provisional registration application—

        (a)     must be in writing; and

        (b)     must be given to the council; and

        (c)     may be made—

              (i)     at the same time as a nomination application for the place or object to which the urgent provisional registration application relates is given to the council, or a later time; and

              (ii)     by the same person who made the nomination application, or someone else; and

        (d)     must explain the circumstances that require an urgent decision to be made.

Examples—urgent provisional registration applications

1     a member of the Legislative Assembly applies for urgent provisional registration to protect a place or object under imminent threat

2     a developer applies for urgent provisional registration to avoid delay in a development project

Note 1     If a form is approved under s 119 for an application under this section, 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 .

    (3)     The council must accept the application only if—

        (a)     the place or object mentioned in the application is a nominated place or object; and

        (b)     either—

              (i)     the application complies with subsection (2); or

              (ii)     if the application does not comply with subsection (2)—the council agrees to accept the application; and

        (c)     the council is satisfied an urgent decision must be made because—

              (i)     if the heritage council believes on reasonable grounds that the place or object is likely to have heritage significance—1 or more of the following is reasonably likely to occur if the decision is not made:

    (A)     the likely heritage significance of the place or object will be diminished or damaged;

    (B)     if a development application applies to the place or object—approval of the development proposal will authorise action that will diminish or damage the place or object; or

              (ii)     the heritage council believes on reasonable grounds that the application is reasonable in the circumstances.

    (4)     If the council accepts the application, the council must—

        (a)     as far as practicable, make a decision under section 32 about the place or object—

              (i)     if the place is a precinct—within 60 working days after the day the council receives the application; or

              (ii)     in any other case—within 20 working days after the day the council receives the application; and

        (b)     notify each interested person of the decision.

    (5)     If the council dismisses the application the council must notify the applicant of the dismissal as far as practicable within 15 working days of the decision.