National Heritage Act 2005 · Updated to 1 Jun 2006 · Chapter 1
31. Decision of the Commissioner
Feedback & supportWhere the Commissioner, after hearing the parties, if any, is satisfied that—
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
the site is of cultural heritage significance; and
the State Authority has given its consent under section 30, he shall—
designate the site as a heritage site;
record the heritage site in the Register; and
give the owner a written notice of the
Commissioner’s decision.
A soon as possible after the decision in subsection (1), the
Commissioner shall—
cause to be published in the Gazette and a local newspaper—
a notice that the site has been designated as a heritage site; and
any other matters constituting or relating to the heritage site which in his opinion is desirable to publish; and
file a notice in the land office where the heritage site is situated notifying that the site has been designated as a heritage site.
Where the Commissioner makes a decision not proceed with the proposed designation of a site, he shall immediately notify the owner of the site and the land office where the site is situated in writing of such decision, with or without assigning any reason.
site
“site” includes any area, place, zone, natural heritage, monument or building attached to land, archaeological reserve and any land with building, garden, tree or archaeological reserve;