Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts17. (1) Where the Heritage Council submits an interim Heritage Places Register to the Authority pursuant to section 63, the Authority shall consider the interim Register and, if it agrees with all the proposals contained in the Register or any of them—
(a) where it agrees with all the proposals—forthwith include the interim Register in a draft Plan variation; or
(b) where it does not agree with all the proposals—forthwith prepare a draft Heritage Places Register, or a draft variation to the Heritage Places Register, that contains the proposals with which it agrees and include the draft Register, or the draft variation of the Register, prepared by the Authority in a draft Plan variation.
(2) A draft Heritage Places Register, or a draft variation to the Heritage Places Register, included in a draft Plan variation is not to include any provision which would have the effect of including in the Heritage Places Register any entry in addition to the entries—
(a) proposed, in any relevant interim Heritage Places Register, for inclusion in the Heritage Places Register; or
(b) in the case of a draft variation to the Heritage Places Register—included in that Register.
(3) If the Authority—
(a) prepares a draft variation to the Heritage Places Register in the absence of a relevant interim Heritage Places Register; or
(b) prepares a draft Heritage Places Register, or a draft variation to that Register, which is different from any relevant interim Heritage Places Register;
the Authority shall give written notice to the Heritage Council no later than 28 days before the date (being a date specified in the notice) on which the Authority intends to notify the relevant draft Plan variation in the Gazette under section 19.
(4) In preparing a draft variation of the kind referred to in subsection (3), the Authority shall consider any written response submitted by the Heritage Council where that response is submitted not later than 7 days before the date specified in the notice under subsection (3) as the date the Authority intends to notify the relevant draft Plan variation in the Gazette under section 19.
(5) In this section—
18. (1) In preparing a draft Plan variation, the Authority shall consider—
(a) any relevant environmental report;
(b) the report of any relevant Inquiry; and
(c) any relevant report required to be prepared by the Plan.
(2) At the Authority's written request, or of his or her own motion, the Minister may—
(a) direct that an Assessment be made; or
(b) establish a panel to conduct an Inquiry;
about any aspect of a draft Plan variation or a proposed draft Plan variation.
19. (1) Before submitting a draft Plan variation to the Executive, the Authority shall cause to be published in the Gazette , and in a daily newspaper, a notice—
(a) stating that copies of the draft Plan variation and the background papers are available for public inspection and purchase during a specified period of not less than 21 days at specified places;
(b) inviting interested persons to submit written comments about the draft variation to the Authority at a specified address and within a period of not less than 21 days;
(c) stating the effect of sections 9 and 11; and
(d) specifying, for the purpose of paragraph 9 (1) (b), the maximum period (being a period not exceeding 1 year) during which the draft variation is to have an interim effect.
(2) The Authority shall make copies of the draft Plan variation and the background papers available for public inspection and purchase during office hours during the period, and at the places, specified in the notice.
(3) The Authority may, on request by a person who has provided written comments in relation to a draft Plan variation, exclude from the copies of the draft variation, or the background papers relating to the draft variation, that are made available for public inspection or purchase pursuant to subsection (2) information which would identify the person if, in the opinion of the Authority based on reasonable grounds, it would not be in the public interest for the information to be published.
(4) Where, in the opinion of the Authority based on reasonable grounds, it would not be in the public interest for part of a draft Plan variation, or a part of a background paper relating to a draft Plan variation, to be published, the Authority shall cause that part to be excluded from each copy of the draft variation or the background paper made available for public inspection or purchase pursuant to subsection (2).
(5) Where part of a draft Plan variation or a background paper is excluded from the copies of the draft variation or paper made available for public inspection or purchase pursuant to subsection (2), each copy so made available shall include a statement to the effect that an unspecified part of the draft variation or paper has been excluded in the public interest.
(6) Where, on application by the Authority, the Executive is satisfied that a draft Plan variation—
(a) has the sole purpose of correcting a formal error in the Plan; or
(b) would, if approved, not affect the rights of any person in a manner prejudicial to that person;
it may, by instrument, relieve the Authority of the necessity for complying with subsections (1) and (2) in relation to the draft variation.
(7) Where, pursuant to an instrument under subsection (6), the Authority does not comply with subsections (1) and (2) in relation to a draft Plan variation it shall obtain such information about the public attitudes to the draft variation as is reasonable in the circumstances.