HERITAGE ACT 2004 - SECT 40 Decision about registration

HERITAGE ACT 2004 - SECT 40

    (1)     If a place or object is provisionally registered the council must either—

        (a)     decide to register the place or object under this division by—

              (i)     entering the registration details for the place or object in the register; and

              (ii)     removing the indication that registration is provisional; and

              (iii)     preparing written notice of the decision; or

        (b)     decide not to register the place or object under this division by preparing a written notice stating—

              (i)     the decision; and

              (ii)     the date the decision takes effect (the cancellation date ).

    (2)     The cancellation date must not be a date before the end of the period an interested person may apply to the ACAT for a review of the decision.

    (3)     A notice under this section—

        (a)     is a notifiable instrument; and

        (b)     must be notified under the Legislation Act

within 5 working days after the day the decision is made; and

        (c)     must include the following information:

              (i)     the registration details of the place or object;

              (ii)     the reasons for the council's decision;

              (iii)     for a decision to register a place or object—the date registration takes effect; and

        (d)     must not include restricted information.

    (4)     The council must, as soon as practicable, give additional public notice of the notice under subsection (3).

Note     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    (5)     The council must take reasonable steps to give a copy of the notice to each interested person within 15 working days after the day the decision is made.

Note     Interested person —see s 13.

    (6)     However, any decision of the council under this section may only be made if—

        (a)     the council is satisfied on reasonable grounds that the place or object has heritage significance; and

        (b)     the council has complied with any direction given by the Minister under section 39.