Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:6:p37
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 6 (pt 37/44)
Character Range: 212606–215510

proposed value means a request by the Minister for an assessment of a heritage value under subregulation 10.01BE(1).

10.01BE  Minister may request assessment of additional heritage values for National Heritage or Commonwealth Heritage places
 (1) If the Minister considers that:
 (a) a National Heritage place has, or may have, an additional National Heritage value; or
 (b) a Commonwealth Heritage place has, or may have an additional Commonwealth Heritage value;
he or she may request the Australian Heritage Council to assess the additional heritage value for the National Heritage place or Commonwealth Heritage place.
 (2) A request under subregulation (1) must set a time period for the completion of the assessment.

10.01BF  Australian Heritage Council to assess additional heritage values and give assessments to Minister
 (1) If the Minister has requested an assessment of a heritage value under subregulation 10.01BE(1), the Australian Heritage Council must, within the assessment completion time:
 (a) make a written assessment of whether the proposed value meets any of the:
 (i) National Heritage criteria (for a proposed value which relates to a National Heritage place); or
 (ii) Commonwealth Heritage criteria (for a proposed value which relates to a Commonwealth Heritage place); and
 (b) give to the Minister:
 (i) the written assessment or a copy of it; and
 (ii) a copy of any comments mentioned in paragraph (2)(a).
 (2) In making an assessment under paragraph (1)(a), the Australian Heritage Council may, subject to subregulation (3);
 (a) consider any comments received under subregulations (5) to (7); and
 (b) request and consider information or advice from any source.
 (3) In making an assessment, the Australian Heritage Council must only consider the matters mentioned in paragraph (1)(a).
 (4) If, in making an assessment, the Australian Heritage Council considers that a proposed value might be an:
 (a) additional National Heritage value for a National Heritage place; or
 (b) additional Commonwealth Heritage value for a Commonwealth Heritage place;
the Council must comply with the requirements of subregulation (5).
 (5) For subregulation (4), the Australian Heritage 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 proposed value might be an indigenous heritage value—to identify each indigenous person who has rights or interests in all or part of the place; and;
 (iii) to advise each person identified that the Council is assessing whether the proposed value meets any of the criteria mentioned in paragraph (1)(a); and;
 (b) give persons advised at least 20 business days to comment in writing on the possible inclusion of the proposed value in the National Heritage List or Commonwealth Heritage List.
 (6) If the Australian Heritage Council is satisfied that