Australian Capital Territory Numbered Acts

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LAND (PLANNING AND ENVIRONMENT) ACT (NO. 100 OF 1991) - SECT 73

Orders—Ministerial directions and declarations

73. (1) Within 14 days after receiving a report from the Heritage Council under section 72, the Minister shall—

        (a)     direct the Heritage Council to notify an interim Register under section 60 which would have the effect of registering the place on particular terms; or

        (b)     declare, by notice in writing to the lessee and the occupier of the land where the place was discovered and to any relevant Aboriginal organisation, that the place is not to be registered.

(2) Before making a decision under subsection (1), the Minister shall consult with the persons referred to in paragraph (1) (b).

(3) In making a decision under subsection (1), the Minister shall—

        (a)     taking into account the report of the Heritage Council—consider whether the place is of sufficient heritage significance to be registered;

        (b)     taking into account the views of the persons consulted under subsection (2)—consider the effect of registration on those persons' interests; and

        (c)     taking into account that report and those views—consider whether there is any prudent and feasible alternative to the activity in relation to which the order is in force.

(4) Where the Minister makes a decision under paragraph (1) (a), sections 60 and 61 apply in relation to a decision of the Minister under paragraph (1) (a) as if the references in those sections to a decision of the Heritage Council to include a provision in an interim Register were references to that decision of the Minister.

(5) The Minister shall cause particulars of a direction under paragraph (1) (a) and a declaration under paragraph (1) (b) to be published in the Gazette within 14 days after the making of the direction or declaration.

(6) A declaration under paragraph (1) (b) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , a person whose interests in relation to land are affected may apply for a review of the decision of the Minister to make the declaration; and

        (b)     except where subsection 26 (11) of that Act applies—a statement to the effect that such a person may request a statement under section 26 of that Act.

Subdivision D—Compensation claims



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