New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 34

34 Action by Minister following recommendation for listing

(1) Within 14 days after the Heritage Council makes a recommendation for listing to the Minister, the Minister must:

(a) decide whether or not to direct the listing and inform the Heritage Council of that decision, or

(b) refer the matter to a Ministerial Review Panel for advice, or

(c) request the Planning Assessment Commission to review the matter.

(2) If the Minister refers the matter to a Ministerial Review Panel or requests a review by the Planning Assessment Commission, the Minister must, within 14 days after the Ministerial Review Panel provides its advice or the Commission provides its report:

(a) consider that advice or report, and

(b) decide whether or not to direct the listing, and

(c) inform the Heritage Council of that decision.

(3) The Minister may make a referral or request under this section on the Minister’s own motion or after a request by an affected owner, mortgagee, lessee or occupier.

(4) If the Minister decides not to direct the listing on the State Heritage Register of an item that the Heritage Council has recommended be listed, the decision is to contain the reasons for not listing the item and is to be made publicly available within 7 days of the decision.