HERITAGE ACT 2004 - SECT 43 Cancellation proposal
HERITAGE ACT 2004 - SECT 43
Cancellation proposal(1) A person may make an application proposing, or the council may on its own initiative propose, that a place or object registered under division 6.2 cease to be registered (a cancellation proposal ).
(2) A cancellation proposal made by a person must—
(a) be in writing; and
(b) be given to the council; and
(c) include the following details about the place or object to which the proposal relates:
(i) its name;
(ii) its location or address;
(iii) a statement by the applicant about why the place or object does not have heritage significance.
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.
(3) As soon as practicable after receiving the cancellation proposal, the council must assess the merit of the proposal and—
(a) dismiss the proposal if—
(i) the council is satisfied on reasonable grounds that the proposal is frivolous, vexatious, misconceived, lacking in substance or not made honestly; or
(ii) the council has previously decided not to cancel the registration of the place or object to which the proposal relates, and is satisfied that the proposal shows no substantial new grounds for cancellation; or
(b) if the proposal is not dismissed under paragraph (a)—accept the proposal and exercise the council's functions under section 49 (Decision about cancellation proposal).
(4) The council must—
(a) if the council dismisses a proposal—give the person who made the proposal written notice of the dismissal and reasons for the dismissal as far as practicable within 15 working days after the day the decision is made; and
(b) if the council accepts the proposal, or makes a proposal on its own initiative—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.