Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_324j:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 324J (pt 1/4)
Character Range: 50598–53268

324J  Decision about inclusion of a place in the National Heritage List

 (1) After receiving from the Australian Heritage Council an assessment under section 324G whether a place, except one that is or includes a place included in the National Heritage List under section 324F (whether before, on or after receipt of the assessment), meets any of the National Heritage criteria, the Minister must:
 (a) by instrument published in the Gazette, include in the National Heritage List the place and its National Heritage values specified in the instrument; or
 (b) decide not to include the place in the National Heritage List.

Note 1: Section 324F is about emergency listing.

Note 2: The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection 324C(2)).

Note 3: Section 324N deals with how additional National Heritage values may be included in the National Heritage List for a National 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 324H applies in relation to the place—within 60 business days after the end of the period mentioned in paragraph 324H(3)(a) for the place.
However, this subsection does not apply if the place is wholly or partly outside the Australian jurisdiction.

 (2A) The Minister must not include in the National Heritage List a place that is wholly or partly 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 so far as it is in the country; and
 (b) the Minister has informed:
 (i) the Minister responsible for foreign affairs; and
 (ii) if another Minister has administrative responsibilities relating to the place (if it is wholly in a foreign country) or to a part of the place that is in a foreign country—that other Minister;
  of the proposal to include the place in the List and given the Ministers informed a reasonable opportunity to comment in writing whether the place should be included in the List; and
 (c) the Minister responsible for foreign affairs has agreed to the inclusion in the List of the place.

 (3) If the Minister includes the place in the National 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 in the Australian jurisdiction; and
 (ii) advise each person identified that the place has been included in the National Heritage List; and