Document ID: chunk:federal_register_of_legislation:F2022L00551:clause:1_2:p1
Version: federal_register_of_legislation:F2022L00551
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 4375–7245

2  Legislation

Commonwealth Heritage values
 (1) Under subsection 341D(1) of the Act, a place has a "Commonwealth Heritage value" if and only if the place meets one of the criteria (the "Commonwealth Heritage criteria") prescribed by the Regulations. The "Commonwealth Heritage value" of the place is the place's heritage value that causes the place to meet the criterion.
             (2)  Under subsection 341D(2) of the Act, the "Commonwealth Heritage values" of a Commonwealth Heritage place are the Commonwealth Heritage values of the place included in the Commonwealth Heritage List for the place.
 (3) Under paragraph 10.03A(2)(d) of the Regulations, one of the Commonwealth Heritage criteria for the historic heritage values of places is criterion D.

Removing Commonwealth Heritage values included in the Commonwealth Heritage List for a Commonwealth Heritage place
 (4) Under paragraph 341L(3)(a) of the Act, I may remove a Commonwealth Heritage value included in the Commonwealth Heritage List for a Commonwealth Heritage place only if satisfied that, ignoring subsection 341D(2) of the Act, the place no longer has the Commonwealth Heritage value.
 (5) Under subsection 341L(4) of the Act, I may remove a Commonwealth Heritage value of a place only by an instrument including a statement of reasons for the removal.
 (6) Under subsection 341L(6) of the Act, if the instrument deals only with removal for loss of value:
 (a) it is a legislative instrument; and
 (b) it takes effect on the first day it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.

Process for removing a Commonwealth Heritage value
 (7) Under subsection 341M(1) of the Act, before I remove from the Commonwealth Heritage List a place's Commonwealth Heritage value in a removal for loss of value, I must:
 (a) give the Chair of the Australian Heritage Council a written request for the Council to give advice on the proposed removal, within a period specified in the request; and
 (b) publish, on the internet, in a daily newspaper circulating in each State and self‑governing Territory, and in each other way required by the regulations (if any), a notice:
 (i) describing the proposed removal; and
 (ii) inviting anyone to give comments, within 20 business days, on the proposed removal.

  The notice must be published within 20 business days of giving the request.
 (8) Regulation 16.05A of the Regulations prescribes publication requirements. In relation to subsection 341M(1) of the Act, additional publication requirements are specified only for advertisements that are relevant to various external territories.
 (9) Under subsection 341M(2) of the Act, the Australian Heritage Council must give the advice within the specified period.
 (10) Under subsection 341M(3) of the Act, I must consider the advice,