Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_324jq:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 324JQ (pt 1/3)
Character Range: 928923–931644

324JQ  Decision about place remaining in the National Heritage List

Minister to decide whether place should remain listed
 (1) Within 12 months after the inclusion of a place in the National Heritage List under section 324JL, the Minister must, by instrument published in the Gazette, subject to subsections (2) and (3):
 (a) do one of the following:
 (i) state that the place remains in the National Heritage List with its boundary unaltered;
 (ii) alter the boundary of the place described in the National Heritage List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List);
 (iii) remove from the National Heritage List the place and its National Heritage values; and
 (b) if the place is not removed from the National Heritage List under subparagraph (a)(iii)—do all or any of the following:
 (i) state that specified National Heritage values included in the List under section 324JL for the place remain in the List for the place;
 (ii) include in the List for the place specified National Heritage values of the place that were not included in the List under section 324JL for the place;
 (iii) remove from the List for the place specified National Heritage values that were included in the List under section 324JL for the place.
 (2) The Minister must not take action under subsection (1) unless the Minister has received an assessment from the Australian Heritage Council under section 324JH in relation to the place.
 (3) The Minister must not take action under subsection (1) that results in the place remaining in the National Heritage List (whether or not with the same or a different boundary) unless the Minister is satisfied that the place has one or more National Heritage values.

Listing lapses automatically if action not taken within 12 months of listing
 (4) If the Minister does not take action under subsection (1) within the period referred to in that subsection, the place, and its listed National Heritage values, are automatically removed from the National Heritage List, by force of this subsection, at the end of that period.
Note: This subsection applies even if the Minister is prevented from taking action under subsection (1) because of subsection (2).

Matters to be considered
 (5) For the purpose of deciding what action to take under subsection (1) in relation to the place:
 (a) the Minister must have regard to:
 (i) the Australian Heritage Council's assessment whether the 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