Page 3312 - Week 10 - Thursday, 25 September 2014

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39Minister may require council to further consider issues related to registration

(1) The Minister may direct the council to give further consideration to the following when considering a place or object for registration under this division:

(a) any issue raised in, or arising from, the council’s report to the Minister for the place or object under section 38;

(b) any issue relating to the council’s functions.

(2) The Minister must give the direction to the council in writing within 15 working days after the day the report is given to the Minister.

18

Clause 29

Proposed new section 40 (3)

Page 33, line 4—

omit proposed new section 40 (3), substitute

(3) A notice under this section—

(a) is a notifiable instrument; and

(b) must be notified under the Legislation Act within 5 working days after the day the decision is made; and

(c) must be published in a daily newspaper as soon as practicable; and

(d) must include the following information:

(i) the registration details of the place or object;

(ii) the reasons for the council’s decision;

(iii) for a decision to register a place or object—the date registration takes effect; and

(e) must not include restricted information.

19

Clause 29

Proposed new section 40 (5)

Page 33, line 13—

omit proposed new section 40 (5), substitute

(5) However, any decision of the council under this section may only be made if—

(a) the council is satisfied on reasonable grounds that the place or object has heritage significance; and

(b) the council has complied with any direction given by the Minister under section 39.

20

Proposed new clause 29A

Page 33, line 27—

insert

29ANotice of decision about registration

Section 42

omit

21

Clause 30

Page 34, line 1—

[oppose the clause]


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