Document ID: chunk:federal_register_of_legislation:C2007C00084:clause:1_341f:p1
Version: federal_register_of_legislation:C2007C00084
Segment Type: clause
Provision Reference: sch 1 cl 341F (pt 1/2)
Character Range: 87031–89716

341F  Emergency listing

 (1) This section applies (despite subsection 341C(2)) if the Minister believes that:
 (a) a place either:
 (i) is entirely within a Commonwealth area; or
 (ii) is outside the Australian jurisdiction and is owned or leased by the Commonwealth or a Commonwealth agency; and
 (b) the place has or may have one or more Commonwealth Heritage values; and
 (c) any of those values is under threat.

 (2) The Minister may, by instrument published in the Gazette, include in the Commonwealth Heritage List the place and the Commonwealth Heritage values the Minister believes the place has or may have, whether or not the Minister has, under this Subdivision, given the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria.

 (3) Within 10 business days after including the place in the Commonwealth Heritage List under this section, the Minister must give the Chair of the Australian Heritage Council a written request for the Council to assess under section 341G whether the place meets any of the Commonwealth Heritage criteria.

 (4) However, subsection (3) does not apply if the Minister has already received from the Australian Heritage Council an assessment under section 341G whether the place meets any of the Commonwealth Heritage criteria.

 (5) If the Minister includes the place in the Commonwealth Heritage List under this section, he or she must:
 (a) within 10 business days, publish, on the Internet and in each other way required by the regulations (if any), a copy or summary of the instrument published in the Gazette; and
 (b) take all practicable steps to:
 (i) identify each person who is an owner or occupier of all or part of the place; and
 (ii) advise each person identified that the place has been included in the Commonwealth Heritage List; and
 (c) within 10 business days, advise each person (if any) who nominated the place or requested the Minister in writing to include the place in the List under this section that the place has been included in the List.

 (6) If a person requests the Minister in writing to include a place in the Commonwealth Heritage List under this section and the Minister has not done so within 10 business days after receiving the request, the Minister must:
 (a) publish on the Internet notice of those facts; and
 (b) advise the person that the Minister has not included the place in the List; and
 (c) give reasons why the Minister has not done so to the person and to anyone who requests them.
This subsection has effect (despite subsection (1)) whether or not the Minister has the belief