Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341l:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341L (pt 1/2)
Character Range: 104413–107024

341L  Removal of places or Commonwealth Heritage values from the Commonwealth Heritage List

 (1) The Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that:
 (a) the place or part is no longer in a Commonwealth area; or
 (b) the place or part is no longer owned or leased by the Commonwealth or a Commonwealth agency, if the place or part is outside the Australian jurisdiction.

 (2) The Minister may remove all or part of a place from the Commonwealth Heritage List only if the Minister is satisfied that:
 (a) ignoring subsection 341D(2), the place no longer has any Commonwealth Heritage values or the part no longer contributes to any of the Commonwealth Heritage values of the place; or
 (b) it is necessary in the interests of Australia's defence or security to do so.

Note: A place or part of a place may also be removed from the Commonwealth Heritage List under subsection 341J(5).

 (3) The Minister may remove one or more Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place only if the Minister is satisfied that:
 (a) ignoring subsection 341D(2), the place no longer has the Commonwealth Heritage value or values; or
 (b) it is necessary in the interests of Australia's defence or security to do so.

 (4) The Minister can remove all or part of a place, or a Commonwealth Heritage value of a place, only by instrument:
 (a) published in the Gazette; and
 (b) including a statement of the reasons for the removal.

Note: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 341M).

 (5) The instrument must deal with only one of the following kinds of removal:
 (a) removal (removal for loss of value) of a place, part or Commonwealth Heritage value because of paragraph (2)(a) or (3)(a);
 (b) removal of a place, part or Commonwealth Heritage value because of subsection (1) or paragraph (2)(b) or (3)(b).
If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.

 (6) If the instrument deals only with removal for loss of value, the instrument:
 (a) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901; and
 (b) takes effect (despite section 48 of that Act) on the first day on which it is no longer liable to be disallowed, or to be taken to have been disallowed, under that section as it applies in relation to the instrument because of section 46A of that Act.

 (7) Within 10 business days of