Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:2_42:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 2 cl 42 (pt 1/2)
Character Range: 638282–640998

42  Section 341E nominations made before the heritage commencement time

(1) This item applies if, before the heritage commencement time:
 (a) a place had been nominated under section 341E of the old EPBC Act; and
 (b) the Minister had not decided whether to include the place in the Commonwealth Heritage List.

(2) The nomination is taken to have been made, for the purposes of the amended EPBC Act, in response to the invitation under section 341H of the amended EPBC Act in relation to the first assessment period for the Commonwealth Heritage List.

(3) The regulations referred to in paragraph 341H(3)(b) and (c) of the amended EPBC Act are taken to have been complied with in relation to the nomination.

Note: For a place to have been nominated under section 341E of the old EPBC Act, the nomination will have had to have been made in accordance with the regulations made for the purposes of that section.

(4) If, before the heritage commencement time, the Minister had requested the Australian Heritage Council to assess the place, the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council in relation to the first assessment period for the Commonwealth Heritage List.

Note 1: If under this subitem the Minister is taken, for the purposes of section 341J of the amended EPBC Act, to have given the nomination to the Australian Heritage Council, the Council must then decide whether to include the place on the proposed priority assessment list for the first assessment period (see section 341JA of the amended EPBC Act).

Note 2: If, before the heritage commencement time, the Minister had not requested the Australian Heritage Council to assess the place, section 341J of the amended EPBC Act requires the Minister to give the nomination to the Australian Heritage Council together with the other nominations in relation to the first assessment period.

(5) The Minister, and the Australian Heritage Council, may take into account, in dealing with the nomination, any information that was obtained in relation to the nomination under the old EPBC Act.

(6) If:
 (a) the Australian Heritage Council had, before the heritage commencement time, complied with subsection 341G(3A) of the old EPBC Act in relation to the assessment of the place; and
 (b) the Minister determines, in writing, that this subitem applies to the nomination of the place for the first assessment period;
then, in relation to that nomination of the place:
 (c) the Australian Heritage Council is taken to have complied with section 341JF of the amended EPBC Act; and
 (d) references in the amended EPBC Act to the notice under subsection 341JF(1)