Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_341ji:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 341JI (pt 1/2)
Character Range: 367026–369772

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

Minister to decide whether or not to include place

 (1) After receiving from the Australian Heritage Council an assessment under section 341JG whether a place (the assessed place) meets any of the Commonwealth Heritage criteria, the Minister must:
 (a) by instrument published in the Gazette, include in the Commonwealth Heritage List:
 (i) the assessed place or a part of the assessed place; and
 (ii) the Commonwealth Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or
 (b) in writing, decide not to include the assessed place in the Commonwealth Heritage List.

Note: The Minister may include a place in the Commonwealth Heritage List only if the Minister is satisfied that the place has one or more Commonwealth Heritage values (see subsection 341C(2)).

 (2) Subject to subsection (3), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.

 (3) The Minister may, in writing, extend or further extend the period for complying with subsection (1).

 (4) Particulars of an extension or further extension under subsection (3) must be published on the Internet and in any other way required by regulations.

 (5) For the purpose of deciding what action to take under subsection (1) in relation to the assessed place:
 (a) the Minister must have regard to:
 (i) the Australian Heritage Council's assessment whether the assessed place meets any of the Commonwealth Heritage criteria; and
 (ii) the comments (if any), a copy of which were given to the Minister under subsection 341JG(1) with the assessment; and
 (b) the Minister may seek, and have regard to, information or advice from any source.

Additional requirements if Minister decides to include place

 (6) If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed 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 assessed place; and
 (ii) advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the Commonwealth Heritage List; and
 (b) if the assessed place:
 (i) was nominated; or
 (ii) was included in a place that was nominated; or
 (iii) includes a place that was nominated;
  by a person in response to a notice under subsection 341H(1)—advise the person that the assessed place, or the listed part of the assessed place, has been included in the Commonwealth Heritage List; and
 (c) publish a copy