Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_324jj:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 324JJ (pt 1/2)
Character Range: 323293–325994

324JJ  Decision about inclusion of a place in the National Heritage List

Minister to decide whether or not to include place

 (1) After receiving from the Australian Heritage Council an assessment under section 324JH whether a place (the assessed place) meets any of the National Heritage criteria, the Minister must:
 (a) by instrument published in the Gazette, include in the National Heritage List:
 (i) the assessed place or a part of the assessed place; and
 (ii) the National Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or
 (b) in writing, decide not to include the assessed place in the National Heritage List.

Note: The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection 324C(2)).

 (2) Subject to subsection (3), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.

 (3) The Minister may, in writing, extend or further extend the period for complying with subsection (1).

 (4) Particulars of an extension or further extension under subsection (3) must be published on the Internet and in any other way required by the regulations.

 (5) For the purpose of deciding what action to take under subsection (1) in relation to the assessed place:
 (a) the Minister must have regard to:
 (i) the Australian Heritage Council's assessment whether the assessed place meets any of the National Heritage criteria; and
 (ii) the comments (if any), a copy of which were given to the Minister under subsection 324JH(1) with the assessment; and
 (b) the Minister may seek, and have regard to, information or advice from any source.

Additional requirements if Minister decides to include place

 (6) If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed place), in the National Heritage List, he or she must, within a reasonable time:
 (a) take all practicable steps to:
 (i) identify each person who is an owner or occupier of all or part of the assessed place; and
 (ii) advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and
 (b) if the assessed place:
 (i) was nominated; or
 (ii) was included in a place that was nominated; or
 (iii) includes a place that was nominated;
  by a person in response to a notice under subsection 324J(1)—advise the person that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and
 (c) publish a