FINAL LISTING DECISION

STATE / TERRITORY ACT

SUMMARY OF LISTING PROCESS

Ministerial Decision

NSW

Minister

Heritage Act 1977 – s.32

1. Heritage Council undertakes preliminary assessment of the nomination;
2. If prima facie significance, Council assesses place and makes recommendation to Minister;
3. Minister may refer nomination to Ministerial Review Panel or Committee of Inquiry;
4. Minister determines whether listing will proceed, decision is final with no objection process.

NT

Minister

Heritage Conservation Act 1996 – s. 26

1. Council assesses eligible nominations, seeks and considers comments; enters conflict resolution if required;
2. Forwards recommendation to Minister;
3. Minister may declare a place as part of NT heritage or refuse to make the declaration giving reasons in writing to the Council.

WA

Minister

Heritage of Western Australia Act 1990 – s.47(1)(a)

1. Council advises Minister on entry of places in Register;
2. Minister directs entry of place in Register.

Parliamentary Decision

ACT

Legislative Assembly

Land (Planning and Environment) Act 1991 – s.17 et al.

1. Council assesses place, considers comments, proceeds to Interim Registration level;
2. AAT decides on appeals if any;
3. Interim Registered Plan submitted to ACT Planning Authority for agreement to include in Draft Variation to Territory Plan;
4. Draft Variation considered by Executive of ACT Government and placed before the Legislative Assembly for final approval.

FINAL LISTING DECISION

STATE / TERRITORY ACT

SUMMARY OF LISTING PROCESS

Council with Minister’s Determination

SA

Heritage Authority, Ministerial direction

Heritage Act 1993 –s.18

1. Authority provisionally registers places, confirms entry;
2. Minister may direct the Authority not to confirm place if it is contrary to the public interest.

VIC

Heritage Council, Ministerial direction

Historic Cultural Heritage Act 1995 –s.27

1. Executive Director makes recommendation about registering heritage place;
2. Council determines which place to add to Register;
3. Minister may direct Council to refer recommendation to Minister for determination.

Council

QLD

Heritage Council

Queensland Heritage Act 1992 – s.30

1. Council assesses and decides listing at its discretion;
2. Objections period after gazettal notification; reporting by Ministerially appointed independent assessor;
3. Council considers assessor’s report and decides.

TAS

Heritage Council

Historic Cultural Heritage Act 1995 – s.15

1. Council Staff assessment put to Council sub-committee for recommended listing;
2. Full Council endorsement required for provisional registration.