Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341j:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341J (pt 1/3)
Character Range: 96551–99287

341J  Decision about inclusion of a place in the Commonwealth Heritage List

 (1) After receiving from the Australian Heritage Council an assessment under section 341G whether a place, except one that is or includes a place included in the Commonwealth Heritage List under section 341F (whether before, on or after receipt of the assessment), meets any of the Commonwealth Heritage criteria, the Minister must:
 (a) by instrument published in the Gazette, include in the Commonwealth Heritage List the place and its Commonwealth Heritage values specified in the instrument; or
 (b) decide not to include the place in the Commonwealth Heritage List.

Note 1: Section 341F is about emergency listing.

Note 2: The Minister may include a place in the Commonwealth Heritage List only if the Minister is satisfied that the place:

(a) is entirely within a Commonwealth area or is both outside the Australian jurisdiction and owned or leased by the Commonwealth or a Commonwealth agency; and

(b) has one or more Commonwealth Heritage values.

 See subsection 341C(2).

Note 3: Section 341N deals with how additional Commonwealth Heritage values may be included in the Commonwealth Heritage List for a Commonwealth Heritage place.

 (2) The Minister must comply with subsection (1):
 (a) within 20 business days after the day on which the Minister receives the assessment; or
 (b) if section 341H applies in relation to the place—within 60 business days after the end of the period mentioned in paragraph 341H(3)(a) for the place.
However, this subsection does not apply if the place is wholly or partly outside the Australian jurisdiction.

 (3) If the Minister includes the place in the Commonwealth 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 place; and
 (ii) advise each person identified that the place has been included in the Commonwealth Heritage List; and
 (b) if the place was nominated by a person—advise the person that the place has been included in the Commonwealth Heritage List; and
 (c) publish on the Internet:
 (i) a copy of the instrument published in the Gazette including the place and its Commonwealth Heritage values in the List; and
 (ii) the Minister's reasons for including the place and those values in the List.

 (4) If the Minister decides not to include in the Commonwealth Heritage List a place (whether the decision is made after publishing a notice under section 341H or not), the Minister must:
 (a) give written reasons for the decision to anyone who asks for them; and
 (b) if the place was nominated by a person—advise the person of the decision within 10 business days and give