Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_324e
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 324E
Character Range: 38013–40765

324E  Nominations of places

 (1) A person may, in accordance with the regulations (if any), nominate to the Minister a place for inclusion in the National Heritage List.

 (2) The Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 324G whether the place meets any of the National Heritage criteria, unless the Minister rejects the nomination under this section.

 (3) If the Minister must give the Chair a request, he or she must give the request within 10 business days after receiving the nomination, unless:
 (a) the place is wholly or partly outside the Australian jurisdiction; or
 (b) the Minister includes the place in the National Heritage List under section 324F (emergency listing) within that period.

 (3A) Within 10 business days after giving the request to the Chair of the Australian Heritage Council, the Minister must publish on the Internet a brief description of the nomination.

Note: Section 324Q may affect the amount of detail in the description.

 (4) The Minister may:
 (a) ask the person who nominated the place to provide additional information about the place within a specified period; and
 (b) reject the nomination if the information is not provided within that period.
The period specified must be reasonable.

 (5) If the Minister asks the person for additional information, the period in subsection (3) stops running on the day the Minister asks for that information until the day after that information is provided.

 (6) The Minister may also reject the nomination if satisfied that it is vexatious, frivolous or not made in good faith.

 (7) If the Minister rejects the nomination under this section, he or she must, as soon as reasonably practicable:
 (a) advise the person of that fact; and
 (b) give the person written reasons for the rejection.

 (7A) If the place is wholly or partly in a foreign country, the Minister must inform the following of the fact that the nomination has been made, unless the Minister rejects the nomination under this section:
 (a) the Minister responsible for foreign affairs;
 (b) if another Minister has administrative responsibilities relating to the place (if it is wholly in a foreign country) or to a part of the place that is in a foreign country—that other Minister.

 (8) To avoid doubt, a member of the Australian Heritage Council may make a nomination in accordance with this section on behalf of the Council. The Council may undertake research and investigations necessary for the purposes of nominating places to be included in the National Heritage List.

 (9) The Minister may, by publishing a notice in accordance with the regulations, invite nominations of places within a specified theme.