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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 90A Guidelines

HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 90A

Guidelines

(1)  The Heritage Council may issue –
(a) guidelines on registration procedures and other matters relating to the registration of places under this Act ( registration guidelines ); and
(b) guidelines for the purposes of Part 6 ( works guidelines ); and
(c) guidelines on other matters prescribed by the regulations.
(2)  The Heritage Council may amend or revoke any guidelines.
(3)  Guidelines –
(a) are to be written in plain language; and
(b) may be made so as to apply differently according to such factors as are specified in them; and
(c) may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any standards, codes or other documents (whether published or issued before or after the commencement of this Act); and
(d) may not contain provisions that are repugnant to this Act, the regulations or a ministerial direction or statement of expectation under this Act; and
(e) may not purport to impose penalties or sanctions of any kind; and
(f) are binding on the Heritage Council itself; and
(g) are not statutory rules.
(4)  The Acts Interpretation Act 1931 applies to the interpretation of guidelines as if they were by-laws.
(5)  The Heritage Council is to –
(a) give public notice of the issue, amendment or revocation of any guidelines; and
(b) ensure that the public has reasonable access to guidelines.
(6)  Without limiting the generality of subsection (5)(b) , the Heritage Council is to ensure that any person presenting at any of its offices during normal working hours can –
(a) inspect any guidelines without charge; and
(b) obtain a copy of any guidelines.
(7)  Subject to the requirements of this section, the Heritage Council may publish any guidelines as it considers necessary or expedient having regard to their intended application.