Page 1837 - Week 05 - Thursday, 11 May 2017
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interest in heritage matters, they, like urgent applications, divert resources allocated to assessing nominations.
m. Applications can be made for the Heritage Council to urgently assess nomination applications, as well as applications to cancel and amend an existing register listing.
n. For urgent nomination applications, once the application is made and the fee paid, the Council must, as far as practicable, make a decision within 30 days for an individual place and within 60 working days for a precinct.
o. No urgent nomination application has been received for Oaks Estate.
(3) a. Since nomination, the ACT Heritage Council has frequently corresponded with residents of Oaks Estate, as well as the Oaks Estate Progress Association concerning development constraints and requirements, and issues related to the heritage registration process
b. Regarding the recent decision not to provisionally register Oaks Estate, there has been correspondence between the Oaks Estate Progress Association and individual owners from the Minister for the Environment and Heritage, the Chief Minister and the Heritage Council explaining Council’s position.
c. There have been regular meetings and telephone conversations between Oaks Estate Progress Association and individual owners with the Heritage Council and ACT Heritage.
(4) a. The ‘as soon as practicable’ reference under section 29 of the Heritage Act refers to a decision on whether or not to accept a nomination application.
b. The Heritage Council will consider the nomination and make one of two decisions:
i. Accept the nomination; or
ii. Reject the nomination if the application is considered frivolous, vexatious, misconceived, lacking in substance or not made honestly, or if the Heritage Council has previously decided not to register the place or object and there are no new grounds for registration. Reasons will be given to the nominator for its dismissal.
c. Once the nomination has been accepted, the place or object is protected under the Heritage Act.
d. Every year, the Heritage Council determines an annual priority list of nominated places and objects to be assessed.
e. Since 2014, the Oaks Estate Precinct has been included in the priority list for assessment and has been under active assessment since this time.
(5) What impacts do these delays have to the heritage listing status of any dwelling contained within the original application.
a. While they still require assessment, nominated places and objects are protected under the Heritage Act.
b. Provisions of both heritage and planning legislation establish a process where development proposals effecting nominated heritage places are referred to the Heritage Council for advice.
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