Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_341ja
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 341JA
Character Range: 354847–357009

341JA  Australian Heritage Council to prepare proposed priority assessment list

 (1) Within 40 business days after the Australian Heritage Council receives the nominations as required by subsection 341J(1) in relation to an assessment period, the Council must prepare and give to the Minister a list (the proposed priority assessment list) for the assessment period.

 (2) The proposed priority assessment list is to consist of such of the places that are eligible for assessment consideration in relation to the assessment period as the Australian Heritage Council considers it appropriate to include in the list, having regard to:
 (a) the Council's own views about what should be given priority in relation to the assessment period; and
 (b) the Council's capacity to make assessments under this Division while still performing its other functions; and
 (c) any other matters that the Council considers appropriate.

 (3) A place is eligible for assessment consideration in relation to the assessment period if:
 (a) the place has been nominated by a nomination referred to in subsection (1); or
 (b) the Council itself wishes to nominate the place for inclusion in the Commonwealth Heritage List; or
 (c) the place was eligible for assessment consideration, otherwise than because of this paragraph, in relation to the immediately preceding assessment period (if any) but was not included in the finalised priority assessment list for that assessment period; or
 (d) each part of the place is either a place to which paragraph (a) applies, a place to which paragraph (b) applies or a place to which paragraph (c) applies.

 (4) Without limiting the generality of the Australian Heritage Council's discretion under subsection (2), the Council does not have to include in the proposed priority assessment list a place that has been nominated if the Council considers that it is unlikely that the place has any Commonwealth Heritage values. For this purpose, the Council is not required to have regard to any information beyond the information that was included in the nomination.

 (5) The proposed priority assessment list is not a legislative instrument.