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AUSTRALIAN HERITAGE COMMISSION ACT 1975 No. 57 of 1975 - SECT 30 Duties of Ministers and authorities.

AUSTRALIAN HERITAGE COMMISSION ACT 1975 No. 57 of 1975 - SECT 30

Duties of Ministers and authorities.
30. (1) Each Minister shall give all such directions and do all such things
as, consistently with any relevant laws, can be given or done by him for
ensuring that the Department administered by him or any authority of Australia
in respect of which he has ministerial responsibilities does not take any
action that adversely affects, as part of the national estate, a place that is
in the Register unless he is satisfied that there is no feasible and prudent
alternative to the taking of that action and that all measures that can
reasonably be taken to minimise the adverse effect will be taken and shall not
himself take any such action unless he is so satisfied.

(2) Without prejudice to the application of sub-section (1) in relation to
action to be taken by an authority of Australia, an authority of Australia
shall not take any action that adversely affects, as part of the national
estate, a place that is in the Register unless the authority is satisfied that
there is no feasible and prudent alternative, consistent with any relevant
laws, to the taking of that action and that all measures that can reasonably
be taken to minimise the adverse effect will be taken.

(3) Before a Minister, a Department or an authority of Australia takes any
action that might affect to a significant extent, as part of the national
estate, a place that is in the Register, the Minister, Department or
authority, as the case may be, shall inform the Commission of the proposed
action and give the Commission a reasonable opportunity to consider it.

(4) For the purposes of this section, the making of a decision or
recommendation (including a recommendation in relation to direct financial
assistance granted, or proposed to be granted to a State) the approval of a
program, the issue of a licence or the granting of a permission shall be
deemed to be the taking of action and, in the case of a recommendation, if the
adoption of the recommendation would adversely affect a place, the making of
the recommendation shall be deemed to affect the place adversely.