The State Heritage Council will provisionally enter a place in the Register if it considers that it is of heritage value or that the place should be protected while its heritage value is assessed. If a place is provisionally entered on the register the authority must give notice of the provisional registration to:
- the owner together with the reasons;
- the public by newspaper advertisement;
- the Minister;
- to the local council, where the place is within a council area.
Members of the public have three months after the notice is given to write and make submissions as to whether the registration should be confirmed. A person may also ask to make oral representations to the authority and may be allowed, unless the submission is frivolous. After considering all representations the authority may, if it considers it appropriate, either confirm the entry in the Register or remove the entry.
Notice of the confirmation or removal of the provisional entry in the Register must be given in writing to the owner of the place, the Minister, the council (where appropriate) and by public notice in a newspaper circulating in the State.
The Minister may override an entry in the Register and direct that it be removed if the Minister believes that it is not in the public interest.
The owner of a place can appeal against a decision to confirm or not to confirm the provisional entry of land in the Register.
The authority may remove places from the Register where it is of the opinion that registration of a place is no longer justified. Public notice of the proposed removal must be given and people have three months to make representations on the proposal.
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