Victorian Consolidated Legislation

Heritage Act 1995 - SECT 40

Recommendation not to include place or object in Register and objections to recommendation

40. Recommendation not to include place or object in Register and 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)  one or more submissions have been received under section 38(1)
        objecting to the recommendation.

(2) The Heritage Council must within 14 days after the end of the submission
period for section 38(1)-

   (a)  give notice advising that-

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

   (ii) submissions have been received objecting to the recommendation; and

   (iii) a hearing into whether or not the place or object should be included
        in the Heritage Register will be conducted; and

   (iv) written submissions may be made to the Heritage Council within 60 days
        of the notice; and

   (b)  after the end of the submission period under paragraph (a), conduct a
        hearing into whether or not the place or object should be included in
        the Heritage Register.

(3) Notice under subsection (2)(a) must-

   (a)  be given in writing to-

   (i)  the owner; and

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

   (iii) the relevant municipal council; and

   (iv) each person who has made a submission under section 38(1); and

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