Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_324j:p3
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 324J (pt 3/4)
Character Range: 55455–58147

(5A) The Minister must comply with subsection (5):
 (a) within 20 business days after the day on which the Minister receives the assessment; or
 (b) if section 324H applies in relation to the place covered by the assessment—within 15 business days after the end of the period mentioned in subsection 324H(3) for the place.
However, this subsection does not apply if the place covered by the assessment is partly outside the Australian jurisdiction.

Note: Subsection (5) cannot apply to a place wholly outside the Australian jurisdiction, because a place wholly outside the Australian jurisdiction must not be included in the National Heritage List under section 324F.

 (5B) The Minister must not alter the boundary of the listed place under subparagraph (5)(a)(ii) so as to include within the altered boundary an area in a foreign country unless:
 (a) the Minister is satisfied that the national government of the foreign country has agreed to the inclusion in the List of the place including the area; and
 (b) the Minister has informed:
 (i) the Minister responsible for foreign affairs; and
 (ii) if another Minister has administrative responsibilities relating to all or part of the area—that other Minister;
  of the proposal to alter the boundary in that way and given the Ministers informed a reasonable opportunity to comment in writing whether the boundary should be altered in that way; and
 (c) the Minister responsible for foreign affairs has agreed to the inclusion in the List of the place including the area.

 (6) Section 324L does not apply to:
 (a) an alteration (under subparagraph (5)(a)(ii) of this section) of the boundary of a place included in the National Heritage List so as to exclude part of the place (as previously included) from the description of the place in the List (whether or not the alteration results in an overall increase or decrease in the extent of the place included in the List); or
 (b) the removal of a place and its National Heritage values under subparagraph (5)(a)(iii) of this section; or
 (c) the removal of a National Heritage value of a place under subparagraph (5)(b)(iii) of this section.

 (7) If, under subsection (5), the Minister removes from the National Heritage List a place or a National Heritage value of a place, or alters the boundary of a place included in the List, the Minister must:
 (a) within 10 business days, publish on the Internet:
 (i) a copy of the instrument published in the Gazette; and
 (ii) the reasons for the removal or alteration; and
 (b) within 10 business days, give written reasons for the removal or alteration to each person identified by the Minister as an owner or occupier of all or part of the