Victorian Numbered Acts

HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 49

    (1)     After considering a recommendation that a place or object should or should not be included in the Heritage Register and any submissions in respect of the recommendation and conducting any hearing into the submissions, the Heritage Council may—

        (a)     determine that the place or part of the place, or object, is of State-level cultural heritage significance and is to be included in the Heritage Register; or

        (b)     determine that the place or part of the place, or object, is not of State-level cultural heritage significance and is not to be included in the Heritage Register; or

        (c)     in the case of a recommendation in respect of a place, determine that the place is not to be included in the Heritage Register but—

              (i)     refer the recommendation and any submissions to the relevant planning authority for consideration for an amendment to a planning scheme; or

              (ii)     determine that it is more appropriate for steps to be taken under the Planning and Environment Act 1987 or by any other means to protect or conserve the place; or

        (d)     in the case of a recommendation in respect of additional land which has been nominated to be included in the Heritage Register as part of a registered place in accordance with section 32, determine that the land be included in the Heritage Register if—

              (i)     the State-level cultural heritage significance of the place would be substantially less if the land or any part of the land which is or has been used in conjunction with the place were developed; or

              (ii)     the land surrounding the place is important to the protection or conservation of the place or
contributes to the understanding of the place; or

        (e)     determine that the object is integral to understanding the cultural heritage significance of a registered place or a place the Heritage Council has determined to be included in the Heritage Register.

    (2)     The Heritage Council must make a determination under subsection (1)—

        (a)     within 40 days after the date on which written submissions may be made under section 44; or

        (b)     if any hearing is conducted into the written submissions, within 90 days after the completion of the hearing.

    (3)     A determination that a place or part of a place, or object, should be included in the Heritage Register may include categories of works or activities which may be carried out in relation to the place or object for which a permit under this Act is not required, if the Heritage Council considers that the works or activities would not harm the cultural heritage significance of the place or object.

    (4)     If the Heritage Council determines to include a place in the Heritage Register, with the consent of the owner of the place, the Heritage Council may determine to include in the Heritage Register additional land of the owner that is ancillary to the place.

    (5)     If a member of the Heritage Council makes a submission under section 44 in respect of a recommendation, the member must not take part in the consideration or determination of the Heritage Council.

    (6)     The Heritage Council must notify the Executive Director of any determination under this section as soon as practicable after the determination.

Division 5—Minister's powers regarding registration