Government Gazette 29 December 2004
No.3361
Act No. 27, 2004
27
NATIONAL HERITAGE ACT, 2004
(4)
A notice ofrefusal under subsection (3)(b) or (c) must set out
(a)
the reasons for the refusal; and
(b)
a statement of the applicant's
right of appeal under section 61.
PART VI - SPECIAL PROVISIONS FOR PROTECTION AND
MANAGEMENT OF CERTAIN HERITAGE RESOURCES
Listed Buildings
53. (I)
The Council may identify, and include in the Register as listed
buildings, any buildings which are worthy of protection and conservation.
(2) The Council must record in respect of each listed building sufficient details
to identify the building, including details of its location, ownership and heritage
significance.
(3)
The Council must give notice of the listing of a building
(a)
in the case of a building situated within a local authority area, to the relevant
local authority;
(b)
in the case of a building situated outside a local authority area, to the owner
of that building.
(4) A local authority must give notice to every owner of a listed building situated
within its local authority area of the fact of the listing of that building under this section.
(5) A notice given to the owner of a listed building by the Council under
subsection (3)(b) and by a local authority under subsection (4) must include a statement
advising the owner of the obligations and liabilities of owners of listed buildings under
subsections (6), (7), (12), (13) and (14).
(6)
An owner of a listed building to whom notice has been given under
subsection (3) or (4) must not carry out or cause or permit to be carried out any work for
the alteration or development of that building without prior written consent obtained in
accordance with this section.
(7)
An application for consent under subsection (6) must be made at least 30
days before work for the alteration or development of the listed building is proposed to
begin and must be submitted
(a)
in the case of a building situated within a local authority area, to the relevant
local authority; and
(b)
in the case of a building situated outside a local authority area, to the Council.
(8)
A local authority, other than a local authority with delegated authority under
subsection (9), must withom delay and not later than 7 days after receiving an application
under subsection (7)(a), submit the application to the Council and provide the Council
with the prescribed information in relation to the application.
(9)
The Council may
(a)
delegate to any local authority the power to consider and determine an
application submitted to that authority under subsection (7)(a); and