Queensland Consolidated Acts

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QUEENSLAND HERITAGE ACT 1992 - SECT 57

57 Certificate of immunity

(1) The owner of a place, or another person with the written agreement of the owner, may apply to the council for a certificate of immunity from registration of the place under this part.

(2) Separate applications are required under this section for a place consisting of land comprised in separate titles unless the land forms a single parcel of contiguous land.

(3) The application must be accompanied by--

(a) the information prescribed under a regulation; and
(b) the fee prescribed under a regulation.

(4) The applicant must, at the request of the council, give any further information that the council reasonably requires to decide the application.

(5) On receipt of the application, the council must, subject to subsection (6), consider the application and, if it appears that the place to which the application relates or part of it does not satisfy the criteria for entry in the Queensland heritage register, must issue a certificate of immunity for the place or the relevant part of the place.

(6) The council need not consider the application if the application appears to be frivolous or vexatious.

(7) If a certificate of immunity is issued for a place, the place may not be entered in the Queensland heritage register as a State heritage place within 5 years of the date of the certificate.

(8) If a certificate of immunity is not issued on the application, the council must provide the applicant with a written statement of the reasons for not issuing the certificate.



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