Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 53

53 .         Time limit on registration procedures

        (1)         Subject to subsection (2), where — 

            (a)         a period of 12 months has elapsed since the date of publication in the Gazette of the advertisement required under section 49(1);

            (b)         subsection (2) or (3) does not apply; and

            (c)         the place referred to in that advertisement, or a specified portion of that place, has not been entered in the Register (except as an interim registration),

                the Council shall, by a notice by way of public advertisement published in manner similar, where practicable, to that in which the advertisement under section 49(1) was published, give notice that the proposed entry has not been, and will not be, made in relation to that place or that specific portion of that place, setting out sufficient particulars to identify the land, and shall cause the entry made at the time of interim registration to be removed.

        (2)         Where — 

            (a)         a place is vested in the Crown, or in a person on behalf of the Crown, in right of the State; or

            (b)         the persons required by section 46(4)(b) to give consent to the amendment of an entry relating to the place have each given written notice to the Council consenting to the continuance of the interim registration and that consent has not been withdrawn,

                an entry in the Register made at the time of interim registration continues to have effect until the Minister, by notice in writing to the persons then required pursuant to section 46(4) to be consulted or to give consent to an amendment, gives notice that the entry will be removed on the expiry of a period of not less than 12 months after the giving of that notice and that period has elapsed.

        (3)         Where the Minister recommends that the consideration of a matter to which subsection (2) does not apply but which is the subject of an advertisement under section 49(1) should be permitted to continue beyond the period referred to in subsection (1)(a), the Governor may by regulation extend that period from time to time for such further period as the Governor thinks fit and make such further provision as may be necessary or desirable to enable the consideration of the matter to be concluded.