Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341r
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341R
Character Range: 111940–114503

341R  Disclosure of Australian Heritage Council's assessments and advice

 (1) A member of the Australian Heritage Council has a duty not to disclose the following to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council:
 (a) an assessment under section 341G whether a place meets any of the Commonwealth Heritage criteria, any information relating to the assessment or any information about the nomination (if any) that led to the making of the assessment;
 (b) advice under section 341M concerning a place or any information relating to the advice.

 (2) However:
 (a) the duty not to disclose a thing described in paragraph (1)(a) in relation to a place does not exist after:
 (ia) publication under section 341H of the assessment; or
 (i) publication in the Gazette of an instrument under section 341J relating to the place; or
 (ii) if the Minister is required by section 341J to do something in relation to the place by instrument published in the Gazette within a period specified in subsection 341J(2) or (5A) but does not—the end of that period; and
 (b) the duty not to disclose a thing described in paragraph (1)(b) in relation to a place does not exist after:
 (i) publication in the Gazette of an instrument under section 341L relating to the place; or
 (ii) if the Minister is required by section 341M to do something in relation to the place by instrument published in the Gazette within the period specified in subsection 341M(5) but does not—the end of that period.

 (3) After a member of the Australian Heritage Council has ceased under subsection (2) to have a duty not to disclose:
 (a) an assessment under section 341G whether a place meets the Commonwealth Heritage criteria; or
 (b) advice under section 341M concerning a place;
the member must give a copy of the assessment or advice to anyone who asks for it.

 (4) If:
 (a) a member of the Australian Heritage Council proposes to give a person under subsection (3) a copy of an assessment or advice relating to a place; and
 (b) the member is aware that, under section 341Q, it would be sufficient compliance with this Act if the copy included only a general description of the place, its location or its Commonwealth Heritage values;
the member must take reasonable steps to ensure that the copy given to the person does not include a more detailed description than is necessary for sufficient compliance with this Act under that section.

Subdivision C—Management plans for Commonwealth Heritage places