Victorian Numbered Acts

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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 40

Statement of recommendation

    (1)     Subject to subsection (2), on making a recommendation to the Heritage Council that a place or object should or should not be included in the Heritage Register, the Executive Director must give a statement (a "statement of recommendation") to—

        (a)     the owner of the place or object; and

        (b)     the nominator of the place or object; and

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

    (2)     If a place that is a shipwreck or protected zone or an object that is a shipwreck artefact is recommended for inclusion in the Heritage Register, the Executive Director may give notice of the recommendation in any manner the Executive Director considers fit.

    (3)     A statement of recommendation must be in writing and contain the following information—

        (a)     the terms of the recommendation;

        (b)     sufficient information to identify the place or object, whether by reference to maps or diagrams or otherwise;

        (c)     the reasons for the recommendation, including an assessment of the State-level cultural heritage significance of the place or object;

        (d)     information advising that the Heritage Council will consider the recommendation after a period of 60 days from the date the notice of recommendation is published under section 41;

        (e)     information advising the owner of the place or object that the owner, within that period of 60 days, may make a submission to the Heritage Council regarding the recommendation and request a hearing in relation to that submission;

        (f)     information advising the owner and nominator of the place or object of sections 46 and 49;

        (g)     a summary of the rights and obligations under this Act of the owners of registered places and registered objects of that type.

    (4)     In addition, a statement of recommendation must contain the following information if the Executive Director recommends that a place or object should be included in the Register—

        (a)     a summary of the State-level cultural heritage significance of the place or object and the category or categories in which it should be included;

        (b)     any recommendations made under section 38 in relation to the works or activities with respect to the place or object and an invitation of submissions from the owner in relation to those recommendations.

    (5)     Despite subsection (3)(b), the Executive Director may determine that some details of identification should not be included in the statement of recommendation if the Executive Director considers that, if the details were known, there is a real danger that a person may harm the object or place.

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