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Section 96

Appeal

of National Heritage Act 2005

ActIn forceProvision 96 of 126
Section 96

(1)

Any person may, within thirty days from the date of the notification of the decision of the Commissioner, appeal in writing to the Minister if that person is aggrieved—

(a)

by the decision of the Commissioner to designate or not to designate a site as a heritage site under section 31;

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(b)

by the issuance of an Interim Protection Order under section 33;

(c)

by the issuance of a Monument Preservation Order under section 41;

(d)

by the decision of the Commissioner to approve or refuse the application to register an object as a heritage object under section 51; or

(e)

by the refusal of the Commissioner to approve any licence under section 83 or 86 or any registration under section 91.

(2)

The Minister may confirm, reverse or vary the decision appealed against and, in confirming, reversing or varying the decision, may impose such terms or conditions as he deems just or necessary.

(3)

Before making any decision under subsection (2), the Minister may refer the matter to the Council.

(4)

The decision of the Minister under this section shall be final.

(5)

Where the decision is reversed or varied, the particulars of the reversal or variation shall be entered in the Register.