Victorian Consolidated Legislation

Heritage Act 1995 - SECT 42

Decision of Heritage Council

42. Decision of Heritage Council





(1) After considering a recommendation in respect of a place or object and any
submissions and conducting any hearing into those submissions, the Heritage
Council may-

   (a)  determine that the place or object is of cultural heritage
        significance and should be included in the Heritage Register; or

   (b)  in the case of a recommendation in respect of a place, determine that
        part of the place is of cultural heritage significance and should be
        included in the Heritage Register; or

   (c)  determine that a place or object or part of a place is not of cultural
        heritage significance and does not warrant inclusion in the Heritage
        Register; or





   (d)  in the case of a recommendation in respect of a place, refuse to
        register the place and-

   (i)  refer the recommendation and submissions to the relevant planning
        authority for consideration for an amendment to a planning scheme; or

   (ii) determine that it is more appropriate for steps to be taken under the
        Planning and Environment Act 1987 or by any other means to protect or
        conserve the place.

(2) If the Heritage Council determines to include a place in the Heritage
Register, it may also, with the consent of the owner of the place, determine
to include in the Heritage Register additional land of the owner which is
ancillary to that place.



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(4) In determining that a place or object or part of a place should be
registered, the Heritage Council may also determine the works and activities
that can be carried out at the place or in relation to the object without the
need for a permit under this Act.

(5) If a member of the Heritage Council has made a submission under section
38(1) or 38(2A) in respect of a recommendation, that member must not take part
in the consideration or determination of the Heritage Council on that
submission.

(6) The Heritage Council must notify the Executive Director of any
determination under this section.





Division 4-Minister's powers