Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_324h
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 324H
Character Range: 47908–50598

324H  Inviting public comments after assessment

 (1A) This section applies if and only if, within 20 business days after the day on which the Minister receives from the Australian Heritage Council under section 324G an assessment whether a place meets any of the National Heritage criteria, the Minister decides that this section should apply. This section continues to apply even if the Minister revokes the decision.

 (1) The Minister must publish, in accordance with the regulations (if any), a notice inviting comments on the inclusion or proposed inclusion of the place in the National Heritage List. The notice may specify:
 (a) that comments should address particular matters relating to the inclusion or proposed inclusion of the place in the List; or
 (b) that comments are to be given to the Minister in a particular way.

 (2) The notice must be published within 20 business days after the day on which the Minister receives from the Australian Heritage Council an assessment under section 324G whether the place meets any of the National Heritage criteria.

 (3) The notice must state that comments are to be given to the Minister within:
 (a) 40 business days after the notice is published; or
 (b) if the place is included in the National Heritage List under section 324F (emergency listing)—20 business days after the notice is published.

 (4) The Minister may ask the Australian Heritage Council or a person with appropriate qualifications or expertise to assess the merits of any comments that are received by the Minister in accordance with the notice.

 (5) On the first day on which the Minister publishes the notice, the Minister must publish, in accordance with the regulations (if any):
 (a) the assessment given to the Minister under section 324G for the place; and
 (b) a summary of the documents (if any), copies of which were given to the Minister by the Australian Heritage Council under that section with the assessment; and
 (c) if the place has not been included in the National Heritage List—one of the following:
 (i) a statement (the listing proposal) that the Minister proposes that the place be included in the National Heritage List;
 (ii) a statement that the Minister proposes that the place not be included in the National Heritage List;
 (iii) a statement that the Minister does not have a view whether or not the place should be included in the National Heritage List; and
 (d) if the Minister publishes the listing proposal—a statement:
 (i) identifying the National Heritage values that the Minister proposes be included in the National Heritage List for the place; and
 (ii) explaining why the Minister believes the place has those values.