Australian Capital Territory Numbered Acts

LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 17

17. (1) Where the Heritage Council submits an interim Heritage Places Register to the Authority pursuant to section 63, the Authority shall consider the interim Register and, if it agrees with all the proposals contained in the Register or any of them—

        (a)     where it agrees with all the proposals—forthwith include the interim Register in a draft Plan variation; or

        (b)     where it does not agree with all the proposals—forthwith prepare a draft Heritage Places Register, or a draft variation to the Heritage Places Register, that contains the proposals with which it agrees and include the draft Register, or the draft variation of the Register, prepared by the Authority in a draft Plan variation.

(2) A draft Heritage Places Register, or a draft variation to the Heritage Places Register, included in a draft Plan variation is not to include any provision which would have the effect of including in the Heritage Places Register any entry in addition to the entries—

        (a)     proposed, in any relevant interim Heritage Places Register, for inclusion in the Heritage Places Register; or

        (b)     in the case of a draft variation to the Heritage Places Register—included in that Register.

(3) If the Authority—

        (a)     prepares a draft variation to the Heritage Places Register in the absence of a relevant interim Heritage Places Register; or

        (b)     prepares a draft Heritage Places Register, or a draft variation to that Register, which is different from any relevant interim Heritage Places Register;

the Authority shall give written notice to the Heritage Council no later than 28 days before the date (being a date specified in the notice) on which the Authority intends to notify the relevant draft Plan variation in the Gazette under section 19.

(4) In preparing a draft variation of the kind referred to in subsection (3), the Authority shall consider any written response submitted by the Heritage Council where that response is submitted not later than 7 days before the date specified in the notice under subsection (3) as the date the Authority intends to notify the relevant draft Plan variation in the Gazette under section 19.

(5) In this section—