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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341M Minister must consider advice of the Australian Heritage Council and public comments

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 341M

Minister must consider advice of the Australian Heritage Council and public comments

  (1)   Before the Minister removes from the Commonwealth Heritage List under section   341L all or part of a place or one or more of a place's Commonwealth Heritage values in a removal for loss of value, the Minister must:

  (a)   give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and

  (b)   publish, on the internet, in a daily newspaper circulating in each State and self - governing Territory and in each other way required by the regulations (if any), a notice:

  (i)   describing the proposed removal; and

  (ii)   inviting anyone to give the Minister comments, within 20 business days, on the proposed removal.

The Minister must publish the notice within 20 business days of giving the request.

  (2)   The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister.

  (3)   The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice.

  (4)   In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the Commonwealth Heritage values of the place concerned.

  (5)   The Minister must:

  (a)   decide whether to remove from the Commonwealth Heritage List the place or part   concerned, or the Commonwealth Heritage value or values of the place concerned; and

  (b)   if the Minister decides to remove the place or part, or the Commonwealth Heritage value or values of the place--ensure that an instrument removing the place, part or Commonwealth Heritage value or values is made under subsection   341L(4);

within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.

  (6)   However, the time limit in subsection   (5) does not apply if the place is wholly or partly outside the Australian jurisdiction.

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