HERITAGE ACT 2004 - SECT 49 Decision about cancellation proposal

HERITAGE ACT 2004 - SECT 49

    (1)     If the council receives a cancellation proposal about a registered place or object, or proposes cancellation on its own initiative, the council must by written notice either—

        (a)     decide to end the registration of the place or object, in accordance with the proposal by entering the following information in the heritage register:

              (i)     particulars of the place or object and its registration;

              (ii)     the reasons for the decision;

              (iii)     the date the decision takes effect (the cancellation date ); or

        (b)     decide not to end the registration of the place or object.

    (2)     However, any decision of the council under subsection (1) (a) may only be made if—

        (a)     the council is satisfied on reasonable grounds that the place or object no longer has heritage significance; and

        (b)     the council has complied with any direction given by the Minister under section 48.

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

    (4)     A notice under subsection (1)—

        (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.

    (5)     The council must, as soon as practicable, give additional public notice of a notice under subsection (1).

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 (5) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    (6)     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.