Victorian Consolidated Legislation

Heritage Act 1995 - SECT 41

Recommendation to include place or object in Register

41. Recommendation to include place or object in Register



(1) This section applies if the recommendation of the Executive Director is to
include a place or object in the Heritage Register.

(2) If no submissions have been received under section 38(1) in relation to
the recommendation, the Heritage Council must determine the matter in
accordance with section 42 within 40 days after the end of the submission
period.

(3) If one or more submissions have been received, the Heritage Council must
consider each submission made within the required time.

(4) As part of its consideration under subsection (3), the Heritage Council
may ask a person who has made a submission for more information in relation to
the submission.

(5) After considering each submission under subsection (3), the Heritage
Council may-

   (a)  conduct a hearing into the whether or not the place or object should
        be included in the Heritage Register; or

   (b)  subject to subsection (6), determine the matter without a hearing.

(6) The Heritage Council must conduct a hearing under subsection (5)(a) if the
Trust or a person with a real and substantial interest in the place or object
requests a hearing by the Heritage Council in a submission under section
38(1).