Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_324g:p2
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 324G (pt 2/2)
Character Range: 45813–47905

the assessment to the Minister, on whether the place meets any of the National Heritage criteria and whether the place should be included in the National Heritage List; and
 (b) must consider, subject to subsection (5), the comments (if any) the Council receives within the period.
The Council must give the Minister a copy of the comments with the assessment.

 (4) If, in making an assessment, the Australian Heritage Council considers that a place within the Australian jurisdiction might have one or more National Heritage values, the Council must:
 (a) take all practicable steps:
 (i) to identify each person who is an owner or occupier of all or part of the place; and
 (ii) if the Council considers the place might have an indigenous heritage value—to identify each indigenous person who has rights or interests in all or part of the place; and
 (b) take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the National Heritage criteria; and
 (c) give persons advised a reasonable opportunity to comment in writing whether the place should be included in the National Heritage List.
The Council must give the Minister a copy of the comments with the assessment.

Note: For indigenous heritage value, see section 528.

 (5) In assessing whether a place meets any of the National Heritage criteria, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets the National Heritage criteria.

 (6) If the Minister requests the Australian Heritage Council to assess whether a place meets any of the National Heritage criteria, and the place is wholly or partly in a foreign country and not the subject of a nomination, the Minister must inform the following of the fact that the Council is making the assessment:
 (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.