HERITAGE ACT 2004 - SECT 46 Public consultation about cancellation proposal

HERITAGE ACT 2004 - SECT 46

    (1)     A notice under section 44 (Notice of cancellation proposal) in relation to the registration of a place or object must include an invitation to make comments, in writing, about the proposal to the council within 4 weeks after the day the notice is notified under the Legislation Act

(the public consultation period ).

Note     Section 117 deals with giving documents to the council.

    (2)     The council may give public notice to extend the consultation period (an "extension notice").

Note 1     Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act

, dict, pt 1).

Note 2     The council may extend the consultation period after it has ended (see Legislation Act

, s 151C).

    (3)     An extension notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (4)     In deciding whether a place or object registered under division 6.2 should cease to be registered, the council—

        (a)     must consider any written comments made to the council about the proposed cancellation before the end of the public consultation period; and

        (b)     may consider any written comments made to the council about the proposed cancellation after the end of the public consultation period.