Northern Territory Consolidated Acts

HERITAGE CONSERVATION ACT - SECT 39H

(1) The Minister may, by notice in the Gazette , revoke the declaration of:

(a) all or part of an area of land to be a heritage place; or

(b) a heritage object.

(2) The Minister may, under subsection (1), revoke the declaration of a heritage place or heritage object:

(a) of his or her own motion;

(b) on receipt of an application under section 39G; or

(c) where the Minister has made a request to the Council under section 39A(1), or a person has made an application under section 39A(2), in relation to the heritage place or heritage object - after considering the recommendation of the Council under section 39E in relation to the heritage place or heritage object.

(3) The Minister must not revoke a declaration under subsection (2)(a) or (b) except:

(a) for the purpose of protecting the health or safety of persons; or

(b) in an emergency.

(4) As soon as practicable after revoking under subsection (1) all or part of a declaration, the Minister must give notice of the revocation:

(a) where it relates to a heritage place - to each owner and each occupier of the heritage place and to each person shown in the Register kept under the Land Title Act as having or claiming an interest in land comprising the heritage place; or

(b) where it relates to a heritage object - to each owner and any person in lawful possession of the object.

(5) A notice to be given to a person under subsection (4) is to be posted to the person's last known address.

(6) As soon as practicable after revoking under subsection (1) all or part of a declaration, the Minister must cause a copy of the notice of revocation to be published in at least one newspaper circulating in that part of the Territory in which the place is situated or object located.

(7) Where the Minister revokes a declaration under subsection (2)(a) or (b), the Minister must table in the Legislative Assembly his or her reasons for the revocation within 3 sitting days of the Assembly after the revocation.

(8) The Minister may exercise his or her power under subsection (1) in relation to a heritage place or heritage object notwithstanding:

(a) any other provision of this Act (including section 3); or

(b) that a conservation management plan is in force in relation to the heritage place or heritage object.