Western Australian Consolidated Acts

HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 49

49 .         Procedure before entering place in Register under s. 51

        (1)         A place shall not be entered in the Register under section 51, except pursuant to an interim registration under section 50 or where subsection (2) applies, unless — 

            (a)         the Council pursuant to a direction given by the Minister has, by public advertisement — 

                  (i)         given notice that it is proposed that the place be entered in the Register; and

                  (ii)         set out a sufficient description to identify the place; and

                  (iii)         invited persons generally to make submissions in relation to the proposed entry in the Register, specifying the manner in which and the address to which the submissions should be forwarded; and

                  (iv)         specified the date, being not earlier than 6 weeks after the publication of the advertisement in the Gazette , by which the submissions are to be made,

                and the date so specified has passed; and

            (b)         the Council has — 

                  (i)         considered any submissions forwarded pursuant to the advertisement referred to in paragraph (a); and

                  (ii)         sought from the local government for the district in which the place is situate and from the owner and any person who appears to the Council likely to be affected or interested, their representations on any aspect of those submissions or as to any other matter relevant to any proposal relating to that place on which the Council desires their view; and

                  (iii)         considered and advised the Minister on those representations and submissions and as to the recommendation of the Council,

                and the Minister has directed that the entry shall be made.

        (2)         Where the advice referred to in subsection (1)(b)(iii) is not received by the Minister within a period of 9 months following the date specified for the purposes of subsection (1)(a)(iv) in the advertisement published pursuant to that subsection the Minister may direct that the place be entered in the Register forthwith.

        (3)         Where a public advertisement pursuant to subsection (1) is made in relation to any place, the Council shall, as soon as is practicable thereafter, also cause to be served on the owner and, so far as is practicable, on each occupier of that place an explanatory memorandum informing that person of the particulars to be contained in the proposed entry in the Register, drawing attention to and containing a copy of the public advertisement and stating, so far as the Council can, the manner in which such an entry in the Register may affect that person.

        (4)         Where a proposed entry relates to a place that comprises land in the ownership of or occupied by a number of persons and it is not reasonably practicable for the Council to serve a separate explanatory memorandum on every such owner and occupier of land comprised within that place, in addition to complying so far as is practicable with the requirements of subsection (3) the Council shall cause a general explanatory memorandum to be served — 

            (a)         by way of a notice contained in the advertisement referred to in subsection (1), ensuring that the advertisement — 

                  (i)         appears in a newspaper circulating particularly in that locality; or

                  (ii)         is posted up for public information in a number of reasonably prominent locations on or near that land;

                and

            (b)         upon the local government of the district in which the land is situated, with such extra copies as that local government may request.

        [Section 49 amended by No. 14 of 1996 s. 4.]