Commonwealth Numbered Acts

AUSTRALIAN HERITAGE COMMISSION AMENDMENT ACT 1990 No. 17 of 1991 - SECT 9

9. After section 23 of the Principal Act the following sections are inserted:
Notification before publication of public notice

"23A. (1) Where the Commission intends to enter a place in the Register, the
Commission must give notice of its intention to:

   (a)  all owners of real property situated at the place; and

   (b)  the local government authority for the area in which the place is
        situated; at least 7 days before a public notice in respect of that
        place is published under paragraph 23 (2) (a).

"(2) Where the number of owners to be given notice does not exceed 50, the
notice is to be given by personal letter sent to each owner.

"(3) Where the number of owners to be given notice exceeds 50, the notice may
be given:

   (a)  in accordance with subsection (2); or

   (b)  in one or more of the following ways:

        (i)    by advertisement in local newspapers;

        (ii)   by letters addressed to `The owner' and left at the address of
               each owner at the place;

        (iii)  by displays in public buildings at or near the place.

"(4) Notice to a local government authority is to be given by letter sent to
the authority at its address.

"(5) Failure to give notice under this section does not invalidate any public
notice under paragraph 23 (2) (a), or the entry of any place in the Register
under section 23. Appointment of assessors

"23B. (1) Where a person has made written objection to the entry of a place in
the Register in accordance with subsection 23 (2), the Minister may appoint a
person or persons (other than a Commissioner or a person who has been
connected with the proposal to enter the place in the Register) as assessor or
assessors in respect of that objection.

"(2) An assessor assists and advises the Commission in its consideration of
the objection.

"(3) An assessor is paid such fees and allowances as are determined by the
Commission.".