ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 324JJ Decision about inclusion of a place in the National Heritage List

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 324JJ

Minister to decide whether or not to include place

  (1)   After receiving from the Australian Heritage Council an assessment under section   324JH whether a place (the assessed place ) meets any of the National Heritage criteria, the Minister must:

  (a)   by instrument published in the Gazette , include in the National Heritage List:

  (i)   the assessed place or a part of the assessed place; and

  (ii)   the National Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or

  (b)   in writing, decide not to include the assessed place in the National Heritage List.

Note:   The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection   324C(2)).

  (2)   Subject to subsection   (3), the Minister must comply with subsection   (1) within 90 business days after the day on which the Minister receives the assessment.

  (3)   The Minister may, in writing, extend or further extend the period for complying with subsection   (1).

  (4)   Particulars of an extension or further extension under subsection   (3) must be published on the internet and in any other way required by the regulations.

  (5)   For the purpose of deciding what action to take under subsection   (1) in relation to the assessed place:

  (a)   the Minister must have regard to:

  (i)   the Australian Heritage Council's assessment whether the assessed place meets any of the National Heritage criteria; and

  (ii)   the comments (if any), a copy of which were given to the Minister under subsection   324JH(1) with the assessment; and

  (b)   the Minister may seek, and have regard to, information or advice from any source.

Additional requirements if Minister decides to include place

  (6)   If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed place ), in the National Heritage List, he or she must, within a reasonable time:

  (a)   take all practicable steps to:

  (i)   identify each person who is an owner or occupier of all or part of the assessed place; and

  (ii)   advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and

  (b)   if the assessed place:

  (i)   was nominated; or

  (ii)   was included in a place that was nominated; or

  (iii)   includes a place that was nominated;

    by a person in response to a notice under subsection   324J(1)--advise the person that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and

  (c)   publish a copy of the instrument referred to in paragraph   (1)(a) on the internet; and

  (d)   publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.

  (7)   If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph   (6)(a)(i), the Minister may satisfy the requirements of paragraph   (6)(a) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:

  (a)   advertisements in a newspaper, or newspapers, circulating in the area in which the assessed place is located;

  (b)   letters addressed to "The owner or occupier" and left at all the premises that are wholly or partly within the assessed place;

  (c)   displays in public buildings at or near the assessed place.

Additional requirements if Minister decides not to include place

  (8)   If the Minister decides not to include the assessed place in the National Heritage List, the Minister must, within 10 business days after making the decision:

  (a)   publish the decision on the internet; and

  (b)   if the assessed place:

  (i)   was nominated; or

  (ii)   was included in a place that was nominated; or

  (iii)   includes a place that was nominated;

    by a person in response to a notice under subsection   324J(1)--advise the person of the decision, and of the reasons for the decision.

Note:   Subsection   (8) applies in a case where the Minister decides that none of the assessed place is to be included in the National Heritage List.