Victorian Consolidated Legislation

Heritage Act 1995 - SECT 34A

Statement of recommendation that a place or object should not be registered

34A. Statement of recommendation that a place or object should not be
registered



(1) If the Executive Director recommends to the Heritage Council that a place
or object should not 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)  set out the reasons for the recommendation; and





   (d)  set out an assessment of the cultural heritage significance of the
        place or object; and

   (e)  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

   (f)  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

   (g)  advise the owner and the nominator of the provisions of sections 41
        and 42.