Victorian Consolidated Legislation

Heritage Act 1995 - SECT 39

Recommendation not to include place or object in Register and no objections to recommendation

39. Recommendation not to include place or object in Register and no
objections to recommendation



(1) This section applies if-

   (a)  the recommendation of the Executive Director is that a place or object
        should not be included in the Heritage Register; and

   (b)  no submissions have been made under section 38(1) objecting to the
        recommendation.

(2) Unless the Heritage Council considers that the place or object that is the
subject of the recommendation may be of cultural heritage significance, the
Heritage Council must determine the matter in accordance with section 42
within 40 days after the end of the submission period.

(3) If the Heritage Council considers that the place or object that is the
subject of the recommendation may be of cultural heritage significance, the
Heritage Council must within 60 days after the end of the submission period
give notice advising that-

   (a)  the Executive Director has recommended that the place or object,
        specified in the notice, should not be included in the Heritage
        Register; and

   (b)  the Heritage Council considers that the place or object may be of
        cultural heritage significance; and

   (c)  written submissions may be made to the Heritage Council within 60 days
        of the notice.

(4) Notice under subsection (3) must be-

   (a)  given in writing to-

   (i)  the owner; and

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

   (iii) the relevant municipal council; and

   (iv) any person who has made a submission under section 38(1) in support of
        the recommendation; and

   (b)  published in a newspaper circulating generally in the area in which
        the nominated place or object is located.

(5) After the end of the submission period notified under subsection (3)(c),
the Heritage Council must consider any submission made within the required
time.

(6) If no submissions are made within the required time, the Heritage Council
must determine the matter in accordance with section 42 within 40 days after
the end of the submission period.

(7) As part of its consideration under subsection (5), the Heritage Council
may ask a person who has made a submission for more information in relation to
the submission.





(8) After considering each submission under subsection (5), the Heritage
Council may-

   (a)  conduct a hearing into whether or not the place or object is of
        cultural heritage significance; or

   (b)  subject to subsection (8), determine the matter without a hearing.

(9) The Heritage Council must conduct a hearing under subsection (8)(a) if the
Trust or a person with a real or substantial interest in the place or object
requests a hearing by the Heritage Council in a submission under section
38(2A).