Commonwealth Numbered Acts

AUSTRALIAN HERITAGE COMMISSION ACT 1975 No. 57 of 1975 - SECT 23

23. (1) Subject to this section and to section 25, where the Commission
considers that a place that is not in the Register should be recorded as part
of the national estate it shall enter the place in the Register.

(2) The Commission shall not enter a place in the Register in accordance with
sub-section (1) unless-

   (a)  it has, by public notice-

        (i)    stated that it intends to enter the place in the Register;

        (ii)   given a description of the place sufficient to identify it;

        (iii)  notified persons of their right to make written objection to
               the entry of the place in the Register;

        (iv)   specified the date by which such objections are to be made, not
               being earlier than 3 months after the date of publication of
               the notice in the Gazette; and

        (v)    specified an address to which such objections may be forwarded;

   (b)  the date specified in that notice has passed; and

   (c)  if a person has, not later than the date specified in that notice,
        made written objection to the Commission to the entry of the place in
        the Register, the Commission has given due consideration to that
        objection.

(3) Where, after the giving of a public notice referred to in paragraph (2)
(a) in relation to a place but before the place has been entered in the
Register, the Commission becomes of the opinion, whether by reason of its
consideration of objections or otherwise, that the place, or a place forming
part of the place, should not be recorded as part of the national estate, the
Commission shall-

   (a)  by public notice-

        (i)    state that it has decided not to enter the place, or that part
               of the place, in the Register;

        (ii)   notify interested persons of their right to make written
               objection to the decision;

        (iii)  specify the date by which such objections are to be made, not
               being earlier than 3 weeks after the date of publication of the
               notice in the Gazette; and

        (iv)   specify an address to which such objections may be forwarded;
               and

   (b)  if a person has, not later than the date specified in that notice,
        made written objection to the Commission to the decision, reconsider
        that decision giving due consideration to that objection.

(4) Where a place is entered in the Register in accordance with sub-section
(1) or sub-section 25 (2), the Commission shall by public notice state that
the place has been so entered.