Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_324jr
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 324JR
Character Range: 340172–342797

324JR  Co‑ordination with Scientific Committee—Council undertaking assessment

 (1) This section applies if:
 (a) the Australian Heritage Council undertakes an assessment of a place under Subdivision BA or Subdivision BB; and
 (b) before giving the assessment to the Minister, the Council becomes aware that:
 (i) the Scientific Committee is undertaking, or has undertaken, an assessment under Division 1 of Part 13; and
 (ii) there is a matter that is relevant to both the assessment referred to in paragraph (a) and the assessment referred to in subparagraph (i).

 (2) A member of the Australian Heritage Council may discuss the matter with a member of the Scientific Committee.

 (3) Before the Australian Heritage Council gives an assessment of the place to the Minister under Subdivision BA or Subdivision BB, the Council must comply with subsection (4) or (6).

 (4) If the Scientific Committee has not yet given the Minister an assessment that deals with that matter, the Australian Heritage Council must:
 (a) give the Scientific Committee a copy of the assessment of the place that the Council proposes to give to the Minister; and
 (b) invite the Scientific Committee to give the Council its comments in relation to that matter; and
 (c) take into account, in finalising the assessment of the place that the Council gives the Minister, any comments that the Scientific Committee makes in relation to that matter in response to that invitation within 14 days, or such longer period as is specified in the invitation, after being given the invitation.

 (5) If the Australian Heritage Council gives the Scientific Committee a copy of a proposed assessment of a place under paragraph (4)(a), the Council must also give the Scientific Committee a copy of the assessment of that place that the Council gives the Minister.

 (6) If:
 (a) the Scientific Committee has already given the Minister an assessment that deals with that matter; and
 (b) the Australian Heritage Council has been given a copy of that assessment;
the Australian Heritage Council must take that assessment into account in finalising the assessment of the place that the Council gives the Minister.

 (7) If, under section 194S or 194T, the Scientific Committee gives the Australian Heritage Council a proposed assessment, or an assessment, that deals with a particular matter because the Council is undertaking an assessment that deals with that matter, a member of the Council may discuss that matter with a member of the Scientific Committee.

 (8) Subsection (2), paragraph (4)(a) and subsections (5) and (7) have effect despite section 324R.