Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341e
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341E
Character Range: 84709–87031

341E  Nominations of places

 (1) A person may, in accordance with the regulations (if any), nominate to the Minister a place for inclusion in the Commonwealth Heritage List.

 (2) The Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria, unless the Minister rejects the nomination under this section.

 (3) If the Minister must give the Chair a request, he or she must give the request within 10 business days after receiving the nomination, unless:
 (a) the place is wholly or partly outside the Australian jurisdiction; or
 (b) the Minister includes the place in the Commonwealth Heritage List under section 341F (emergency listing) within that period.

 (3A) After giving the Chair of the Australian Heritage Council a written request under subsection (2), the Minister must within 10 business days publish a brief description of the nomination on the Internet. In publishing the description, the Minister may have regard to section 341Q.

Note: The description published on the Internet may not contain certain information kept confidential under section 341Q.

 (4) The Minister may:
 (a) ask the person who nominated the place to provide additional information about the place within a specified period; and
 (b) reject the nomination if the information is not provided within that period.
The period specified must be reasonable.

 (5) If the Minister asks the person for additional information, the period in subsection (3) stops running on the day the Minister asks for that information until the day after that information is provided.

 (6) The Minister may also reject the nomination if satisfied that it is vexatious, frivolous or not made in good faith.

 (7) If the Minister rejects the nomination under this section, he or she must, as soon as reasonably practicable:
 (a) advise the person of that fact; and
 (b) give the person written reasons for the rejection.

 (8) To avoid doubt, a member of the Australian Heritage Council may make a nomination in accordance with this section on behalf of the Council. The Council may undertake research and investigations necessary for the purposes of nominating places to be included in the Commonwealth Heritage List.