Victorian Consolidated Legislation

Heritage Act 1995 - SECT 34

Statement to be given to owner and nominator and municipal council

34. Statement to be given to owner and nominator and municipal council



(1) If the Executive Director recommends to the Heritage Council that a place
or object be included in the Heritage Register, the Executive Director must
give a statement in accordance with this section to-

   (a)  the owner of the place or object; and

   (b)  the nominator of the place or object; and

   (c)  the relevant municipal council.



(2) A statement under subsection (1) must-

   (a)  be in writing; and

   (b)  set out the terms of the recommendation; and

   (c)  include a brief statement of the cultural heritage significance of the
        place or object; and

   (d)  advise the owner or nominator that the Heritage Council will make a
        decision on the recommendation after a period of 60 days from the date
        of the notice of that recommendation published under section 35; and

   (e)  advise the owner that the owner may-

   (i)  make a submission on the recommendation to the Heritage Council at any
        time within that period of 60 days; and

   (ii) request a hearing in relation to that submission; and

   (f)  set out a summary of the rights and obligations under this Act of the
        owners of registered places and registered objects of that kind; and

   (g)  set out any recommendations made under section 33 in relation to the
        place or object and any proposals recommended by the Executive
        Director for the management of the place or object and invite
        submissions from the owner in relation to those recommendations and
        proposals.

(3) A statement under subsection (1) must include sufficient information to
identify the place or object, whether by reference to maps or diagrams or
otherwise.

(4) Despite subsection (3), the Executive Director may determine that, in
relation to an archaeological site, some details of identification should not
be included in the statement under subsection (1) if he or she believes that,
if the details were known, there is a real danger that a person may remove or
damage an archaeological relic or damage that site.

(5) Despite subsection (3), the Executive Director may determine that, in
relation to an object, some details of identification should not be included
in the statement under subsection (1) if he or she believes that, if the
details were known, there is a real danger that a person may remove or damage
the object.