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An Act to amend the Heritage Act 1977 in relation to the Heritage Council and the listing of items on the State Heritage Register; and for other purposes.

1 Name of Act

This Act is the Heritage Amendment Act 2011.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1 Amendment of Heritage Act 1977 No 136

[1]–[10] (Repealed)

[11] Section 34

Omit the section. Insert instead:

34   Action by Minister following recommendation for listing
(1) Within 14 days after the Heritage Council makes a recommendation for listing to the Minister, the Minister must:
(a)  decide whether or not to direct the listing and inform the Heritage Council of that decision, or

(b)  request the Planning Assessment Commission to review the matter.

(1A) On receiving a request to review a matter, the Planning Assessment Commission is to conduct its review and provide a report to the Minister within the time period specified in the regulations.
(2) If the Minister requests a review by the Planning Assessment Commission, the Minister must, within 14 days after the Commission provides its report:
(a)  consider that report, and

(b)  decide whether or not to direct the listing, and

(c)  inform the Heritage Council of that decision.

(3) The Minister may make a request under this section on the Minister’s own motion or after a request by an affected owner, mortgagee, lessee or occupier.
(4) A decision of the Minister to direct, or not to direct, the listing on the State Heritage Register of an item that the Heritage Council has recommended be listed is to contain the reasons for listing or not listing the item and is to be made publicly available on the internet by the Heritage Council within 7 days after the decision is made.

[12] Section 35 Ministerial Review Panel

Omit the section.

[13]–[16] (Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Heritage Amendment Act 2011 No 71. Assented to 28.11.2011. Date of commencement, Sch 1 [11] and [12] excepted, 3.1.2012, sec 2 and 2012 (47) LW 24.2.2012; date of commencement of Sch 1 [11] and [12], 1.9.2012, sec 2 and 2012 (391) LW 24.8.2012.

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sch 1

Am 1987 No 15, sec 30C.