Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) obtain such information about the public attitude to its proposals as the Heritage Council considers appropriate; and
(b) consider that information.
(2) Before notifying an interim Heritage Places Register under section 60, the Heritage Council shall consult with, and consider the views of, any person whose interests, in the opinion of the Heritage Council based on reasonable grounds, would be affected by its proposals.
(3) This section does not apply where subsection 57 (1) applies.
59. (1) A person may apply in writing to the Heritage Council for the inclusion of a provision in an interim Heritage Places Register which would have the effect of including an entry in relation to that place on the Heritage Places Register.
(2) An application shall be accompanied by a statement of the reasons why the applicant considers that the place should be included on the Heritage Places Register.
(3) On application in accordance with this section, the Heritage Council may, in consideration of the matters referred to in section 56—
(a) include a provision in an interim Heritage Places Register which would have the effect of including an entry in relation to the relevant place in the Heritage Places Register; or
(b) refuse to approve the application.
(4) The Heritage Council shall give a written notice of its decision under subsection (3) to the applicant.
(5) A notice under subsection (4) shall include—
(a) if the application is approved—details of the provision proposed for inclusion in an interim Heritage Places Register in accordance with the approval; and
(b) if the application is refused—
(i) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , the applicant may apply for a review of the decision of the Heritage Council to refuse the application; and
(ii) except where subsection 26 (11) of that Act applies—a statement to the effect that the applicant may request a statement under section 26 of that Act.
(6) This section is not to be read as limiting the power of the Heritage Council to prepare interim Heritage Places Registers.
60. (1) After preparing an interim Heritage Places Register, the Heritage Council shall cause to be published in the Gazette , and in a daily newspaper, a notice—
(a) stating that copies of the interim Register are available for public inspection at specified places;
(b) specifying, for the purpose of section 55, the maximum period during which the interim Register, or each part of it, is to have effect under that section; and
(c) including—
(i) a statement of the effect of section 55; and
(ii) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , a person whose interests in relation to land are affected may apply for a review of a decision of the Heritage Council to include a provision in the interim Register; and
(iii) except where subsection 26 (11) of that Act applies—a statement to the effect that such a person may request a statement under section 26 of that Act.
(2) The Heritage Council shall make copies of the interim Heritage Places Register available for public inspection during office hours at the places specified in the notice under subsection (1).
(3) A copy of an interim Heritage Places Register made available for public inspection under subsection (2) shall not include any restricted information in relation to an Aboriginal place.
(4) The validity of a decision of the Heritage Council to include a provision in an interim Register is not affected by a failure to comply with paragraph (1) (a) or (c) or subsection (2) or (3).
61. (1) As soon as practicable after a notice is published in the Gazette under section 60 in relation to an interim Heritage Places Register, the Heritage Council shall give each lessee, and each occupier, of land affected by a decision of the Heritage Council to include a provision in the interim Register a notice—
(a) specifying that provision;
(b) specifying, and identifying as such, any relevant restricted information about Aboriginal places on that land;
(c) including the statements referred to in paragraph 60 (1) (c) in relation to the interim Register; and
(d) including a statement of the effect of section 84 in relation to the publication of restricted information.
(2) The validity of a decision of the Heritage Council to include a provision in an interim Heritage Places Register is not affected by a failure to comply with subsection (1).
62. (1) After the notification of an interim Heritage Places Register under section 60, the Heritage Council may, by notice published in the Gazette , revise the interim Register—
(a) to correct a formal error; or
(b) except where subsection 57 (1) applies—to provide for the removal of a provision of the interim Register which would have had the effect of including an entry in the Heritage Places Register;
with effect from the date of the notice.
(2) The Heritage Council shall cause a copy of a notice under subsection (1) to be published in a daily newspaper.
(3) A notice under paragraph (1) (b) shall include—
(a) a statement that copies of the interim Register, as revised, are available for public inspection at specified places;
(b) a statement of the effect of section 55 in relation to the interim Heritage Places Register as revised;
(c) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , a person whose interests in relation to land are affected may apply to the Tribunal for a review of the Heritage Council's decision to revise a provision of the interim Register; and
(d) except where subsection 26 (11) of that Act applies—a statement to the effect that such a person may request a statement under section 26 of that Act.
(4) The Heritage Council shall make copies of the interim Heritage Places Register, as revised, available for public inspection during office hours at the places specified in the notice under subsection (3).
(5) Where paragraph (1) (b) applies, the Heritage Council shall give each lessee, and each occupier, of land affected by the decision of the Heritage Council to revise the interim Register a notice—
(a) specifying the revision; and
(b) including the statements referred to in subsection (3).
(6) The validity of a decision of the Heritage Council to revise a provision of an interim Heritage Places Register under paragraph (1) (b) is not affected by a failure to comply with subsection (2), (3), (4) or (5).
63. (1) For the purposes of section 17, the Heritage Council shall submit an interim Heritage Places Register to the Authority in accordance with this section.
(2) The Heritage Council shall submit an interim Heritage Places Register to the Authority after the expiration of 28 days after the interim Register is notified in the Gazette under subsection 60 (1), except where there is an application for review under paragraph 86 (2) (a) or (b) in relation to the interim Register.
(3) Where there is an application for review under paragraph 86 (2) (a) or (b) in relation to an interim Heritage Places Register, the Heritage Council shall—
(a) in relation to those provisions of the interim Register which are not the subject of such an application—submit those provisions to the Authority after the expiration of 28 days after the interim Register is notified in the Gazette under subsection 60 (1); and
(b) in relation to each provision of the interim Register which is the subject of such an application—where appropriate, submit that provision to the Authority, as varied (if at all) to reflect the Tribunal's decision, after the resolution of the application.
(4) Where there is an application under subsection 86 (3) for the review of a decision of the Heritage Council to refuse to approve an application under section 59 for the inclusion of a provision in an interim Heritage Places Register—
(a) subsection (1) applies notwithstanding the application for review; and
(b) if the application for review is successful—the Heritage Council shall submit that provision to the Authority in the form approved by the Tribunal in its decision.
(5) Where there is an application under paragraph 86 (2) (c) for the review of a decision of the Heritage Council to revise an interim Heritage Places Register so as to remove a provision—
(a) subsection (1) applies notwithstanding the application; and
(b) if the application is successful—the Heritage Council shall submit that provision to the Authority as reinstated in the interim Register in accordance with the decision of the Tribunal.
64. (1) The Executive may, on behalf of the Territory, acquire a place listed on the Heritage Places Register where the Executive is satisfied that—
(a) the place has substantial heritage significance;
(b) acquisition is the most prudent and feasible means to ensure the conservation of that significance; and
(c) it is in the public interest for the Territory to acquire the place.
(2) Where subsection (1) applies in relation to a place, the Executive may acquire an object identified in the Heritage Places Register as intrinsic to the heritage significance of that place.
(3) The Executive shall acquire a place or an object under this section on just terms.
(4) The Executive shall not acquire a place or an object under this section without first consulting with, and considering the views of—
(a) the lessee and the occupier of the place;
(b) where an object is to be acquired—the owner and the possessor of the object;
(c) the Heritage Council; and
(d) any relevant Aboriginal organisation;
about the proposed acquisition.
65. (1) Where the Executive makes a decision to acquire a place or an object under section 64, the Minister shall, within 28 days after the date of the decision, cause notice in writing of the decision to be given to—
(a) the lessee and the occupier of the place; and
(b) where an object is acquired—the owner and the possessor of the object.
(2) A notice shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to acquire the place or object or to acquire it on particular terms; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person, organisation or association whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.
(3) The validity of a decision referred to in subsection (1) is not affected by a failure to comply with this section.
66. (1) In this Division, unless the contrary intention appears—
(2) In this Division, a reference to a registered place is to be read as a reference to a place in relation to which—
(a) there is an entry in a Register; or
(b) there is a provision in an interim Register which would have the effect of including such an entry in a Register;
and a reference to—
(c) an unregistered place; or
(d) the registration of a place;
is to be read accordingly.
67. (1) A person who discovers a place which he or she believes on reasonable grounds to be an unregistered Aboriginal place shall, within 7 days, report that discovery to the Minister in accordance with subsection (2).
(2) A report under subsection (1) shall—
(a) be in writing;
(b) specify the name and address of—
(i) the person giving the report; and
(ii) the lessee and each occupier of the land on which the place is located (where the identity of those persons is known to the person giving the report); and
(c) specify the nature and location of the discovery.
(3) A person shall not, without reasonable excuse, fail to comply with subsection (1).
Penalty: $500.
(4) This section does not apply in relation to a person who—
(a) in accordance with Aboriginal tradition, has traditional affiliations with the land on which the place is located;
(b) believes on reasonable grounds that a declaration under paragraph 69 (1) (b) or 73 (1) (b) (that the place is not to be registered) is in force; or
(c) believes on reasonable grounds that the place has previously been registered.
(5) Notwithstanding paragraph (4) (a), a person who, in accordance with Aboriginal tradition, has traditional affiliations with particular land may, for the purposes of this Subdivision, report the discovery of an Aboriginal place on that land in accordance with subsection (1).
68. (1) Upon receiving a report of a discovery under section 67, the Minister shall—
(a) if the place is registered, or has previously been registered—give the lessee and the occupier of the land on which the place was discovered written notice of the details of that registration, including any relevant restricted information, together with a statement of the effect of that registration (where it is still in force); or
(b) if the place has never been registered—direct the Heritage Council to report to the Minister within 21 days about the heritage significance of the place or object.
(2) The Heritage Council shall—
(a) prepare a report for submission to the Minister in compliance with a direction under paragraph (1) (b); and
(b) in preparing that report, consult with, and consider the views of—
(i) the lessee and the occupier of the place;
(ii) the person who reported the discovery; and
(iii) any relevant Aboriginal organisation.
69. (1) Within 14 days after receiving a report from the Heritage Council under section 68, the Minister shall—
(a) direct the Heritage Council to notify an interim Register under section 60 which would have the effect of registering the place on particular terms; or
(b) declare that the place is not to be registered, by notice in writing to—
(i) the lessee and the occupier of the land where the place was discovered;
(ii) the person who reported the discovery; and
(iii) any relevant Aboriginal organisation.
(2) Before making a decision under subsection (1), the Minister shall consult with the persons referred to in paragraph (1) (b).
(3) In making a decision under subsection (1), the Minister shall—
(a) after taking into account the report of the Heritage Council—consider whether the place is of sufficient heritage significance to be registered; and
(b) after taking into account the views of the persons consulted under subsection (2)—consider the effect of registration on those persons' interests.
(4) Where the Minister makes a decision under paragraph (1) (a), sections 60 and 61 apply in relation to a decision of the Minister under paragraph (1) (a) as if the references in those sections to a decision of the Heritage Council to include a provision in an interim Register were references to that decision of the Minister.
(5) The Minister shall cause particulars of a direction under paragraph (1) (a) and a declaration under paragraph (1) (b) to be published in the Gazette within 14 days after the making of the direction or declaration.
(6) A declaration under paragraph (1) (b) shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , a person whose interests in relation to land are affected may apply for a review of the decision of the Minister to make the declaration; and
(b) except where subsection 26 (11) of that Act applies — a statement to the effect that such a person may request a statement under section 26 of that Act.