Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341g:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341G (pt 1/2)
Character Range: 89807–92548

341G  Assessments by the Australian Heritage Council

 (1) The Minister may give the Chair of the Australian Heritage Council a written request for the Council to assess whether a place meets any of the Commonwealth Heritage criteria, whether or not the place is the subject of a nomination.

 (2) The Australian Heritage Council must give the Minister a written assessment whether a place meets any of the Commonwealth Heritage criteria:
 (a) within 12 months after the Minister gives the Chair of the Council (under this section or section 341E) the request for the assessment; or
 (b) if the place is included in the Commonwealth Heritage List under section 341F (emergency listing)—within 40 business days after the Minister gives the Chair of the Council (under that section) the request for the assessment.

 (2A) If the Australian Heritage Council does not give the Minister the assessment within the period required by subsection (2) but makes all reasonable efforts to do so, the Minister may, by notice in writing, extend the period by up to 24 months.

 (2B) If the Australian Heritage Council does not give the Minister the assessment within the period as extended under subsection (2A) but makes all reasonable efforts to do so, the Minister may, by notice in writing, further extend the period by up to 24 months.

 (2C) Within 10 business days of extending the period by notice under subsection (2A) or (2B), the Minister must:
 (a) publish on the Internet:
 (i) a copy of the notice; and
 (ii) the reasons for the extension; and
 (b) give a copy of the notice to each person (if any) who nominated the place being covered by the assessment.

 (3) The Australian Heritage Council, on its own initiative, may assess whether a place meets any of the Commonwealth Heritage criteria, whether or not the place is the subject of a nomination. If the Council does so, it may give the assessment to the Minister.

Requirements relating to assessments generally

 (3A) Before giving the Minister an assessment under this section whether a place meets any of the Commonwealth Heritage criteria, the Australian Heritage Council:
 (a) must publish, in accordance with the regulations (if any), a notice:
 (i) stating that the Council is assessing whether the place meets any of the Commonwealth Heritage criteria; and
 (ii) inviting comments in writing, within a specified period that is reasonable having regard to the time by which the Council must give the assessment to the Minister, on whether the place meets any of the Commonwealth Heritage criteria and whether the place should be included in the Commonwealth Heritage List; and
 (b) must consider, subject to subsection (5), the comments (if any) the Council receives within the