Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 131

Notice of recommendation for site of archaeological value

    (1)     After making a recommendation under section 130, the Executive Director must give notice of the recommendation to—

        (a)     the owner or government asset manager of a place affected by the recommendation; and

        (b)     the responsible authority for the area in which the place is situated and, if the responsible authority is not a municipal council, the relevant municipal council.

    (2)     A notice given under subsection (1) must—

        (a)     be in writing; and

        (b)     include the following information—

              (i)     a description of the archaeological value of the place;

              (ii)     a statement that the owner or government asset manager may make a written submission in relation to the recommendation;

              (iii)     the date by which a written submission must be made, being within 28 days after the notice.

    (3)     If the Executive Director considers that it is not practicable in a particular case to give notice to an owner, the Executive Director may apply to the Minister to exempt the Executive Director from the requirements to give notice.

    (4)     If the Minister exempts the Executive Director from the requirement to give notice under this section, the Executive Director must give notice to the affected owners in any manner the Minister specifies in the exemption.

    (5)     If the Minister exempts the Executive Director from the requirement to give notice under this section, details of that exemption must be included in the Department's report of operations under the Financial Management Act 1994 .



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