Section 324M — Environment Protection and Biodiversity Conservation Act 1999: Minister must consider advice of the Australian Heritage Council and public comments

(1) Before the Minister removes from the National Heritage List under section 324L all or part of a place or one or more of a place’s National Heritage values in a removal for loss of value, the Minister must: (a) give the Chair of the Australian Heritage Council a written request for the Council to give the Minister advice on the proposed removal; and (b) publish, on the internet, in a daily newspaper circulating in each State and self-governing Territory and in each other way required by the regulations (if any), a notice: (i) describing the proposed removal; and (ii) inviting anyone to give the Minister comments, within 20 business days, on the proposed removal. The Minister must publish the notice within 20 business days of giving the request. (2) The Australian Heritage Council must give the advice to the Minister within the period specified by the Minister. (3) The Minister must consider the advice, if he or she receives it by the end of that period, and the comments (if any) received in accordance with the notice. (4) In preparing the advice, the Australian Heritage Council must not consider any matter that does not relate to the National Heritage values of the place concerned. (5) The Minister must: (a) decide whether to remove from the National Heritage List the place or part concerned, or the National Heritage value or values of the place concerned; and (b) if the Minister decides to remove the place or part, or the National Heritage value or values of the place—ensure that an instrument removing the place, part or National Heritage value or values is made under subsection 324L(3); within 60 business days after the earlier of the advice being received by the Minister and the specified period for giving advice to the Minister ending.