Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_324l
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 324L
Character Range: 938600–940898

324L  Removal of places or National Heritage values from the National Heritage List
 (1) The Minister may remove all or part of a place from the National Heritage List only if the Minister is satisfied that:
 (a) ignoring subsection 324D(2), the place no longer has any National Heritage values or the part no longer contributes to any of the National Heritage values of the place; or
 (b) it is necessary in the interests of Australia's defence or security to do so.
Note: A place or part of a place may also be removed from the National Heritage List under subsection 324JQ(1).
 (2) The Minister may remove one or more National Heritage values included in the National Heritage List for a National Heritage place only if the Minister is satisfied that:
 (a) ignoring subsection 324D(2), the place no longer has the National Heritage value or values; or
 (b) it is necessary in the interests of Australia's defence or security to do so.
 (3) The Minister may remove all or part of a place, or a National Heritage value of a place, only by an instrument including a statement of the reasons for the removal.
Note 1: The Minister must first obtain and consider the advice of the Australian Heritage Council (see section 324M).
Note 2: For requirements relating to the instrument under the Legislation Act 2003, see subsections (5) and (6) of this section.
 (4) The instrument must deal with only one of the following kinds of removal:
 (a) removal (removal for loss of value) of a place, part or National Heritage value because of paragraph (1)(a) or (2)(a);
 (b) removal of a place, part or National Heritage value because of paragraph (1)(b) or (2)(b).
If the instrument purports to deal with both kinds, it has no effect so far as it deals with a removal for loss of value.
 (5) 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.
 (6) If subsection (5) does not apply to the instrument, it is a notifiable instrument.
Note: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.