(1)  The Heritage Council, on its own initiative or on application to it by any person, may decide to remove from the Heritage Register an entry relating to a place.

(1A)  However, the Heritage Council may only make a decision under subsection (1) in respect of a place if it is satisfied that –

(a) the place has been destroyed; or

(b) because of new information or for some other reason, the place does not meet, or no longer meets, any of the registration criteria; or

(c) the entry duplicates or substantially duplicates an existing entry; or

(d) the removal is required by law.

(2)  A person who applies to have a place removed from the Heritage Register is to give any information the Heritage Council requires to enable it to deal with the application.

(3)  Before removing a place from the Heritage Register, the Heritage Council may invite written submissions from –

(a) any person or body with special knowledge of, or interest in, the place; or

(b) any person or body with a special interest in Tasmania's historic cultural heritage.

(4)  After considering any submissions, the Heritage Council may decide to remove from the Heritage Register an entry relating to a place if it considers that the place no longer meets any of the registration criteria.

(5)  If the Heritage Council intends to remove from the Heritage Register an entry relating to a place, it must –

(a) give the owner of the place and the planning authority a written notice –

(i) stating that it intends to remove the entry from the Heritage Register; and

(ii) stating the reasons for the removal; and

(iii) explaining the right to object to the removal; and

(b) unless subsection (1A)(a) , (c) or (d) applies, publish a local public notice–

(i) stating that it intends to remove the entry from the Heritage Register; and

(ii) inviting written submissions relating to that intention; and

(iii) explaining the right to object to the removal.

(6)  A notice to the owner of a place must be given at least 21 days and not more than 28 days before –

(a) the same notice is given to the planning authority; and

(b) the relevant local public notice is published under subsection (5) (b) .

(7)  The Heritage Council may give such other notice of a prospective removal of a place from the Heritage Register as it considers appropriate.