Resource Management Act 1991

188 Application to become heritage protection authority

• (1) Any body corporate having an interest in the protection of any place may apply to the Minister in the prescribed form for approval as a heritage protection authority for the purpose of protecting that place.

  (2) For the purpose of this section, and sections 189 and 191, place includes any feature or area, and the whole or part of any structure.

  (3) The Minister may make such inquiry into the application and request such information as he or she considers necessary.

  (4) The Minister may, by notice in the Gazette, approve an applicant under subsection (1) as a heritage protection authority for the purpose of protecting the place and on such terms and conditions (including provision of a bond) as are specified in the notice.

  (5) The Minister shall not issue a notice under subsection (4) unless he or she is satisfied that—

  • (a) the approval of the applicant as a heritage protection authority is appropriate for the protection of the place that is the subject of the application; and

  • (b) the applicant is likely to satisfactorily carry out all the responsibilities (including financial responsibilities) of a heritage protection authority under this Act.

  (6) Where the Minister is satisfied that—

  • (a) a heritage protection authority is unlikely to continue to satisfactorily protect the place for which approval as a heritage protection authority was given; or

  • (b) a heritage protection authority is unlikely to satisfactorily carry out any responsibility as a heritage protection authority under this Act,—

  the Minister shall, by notice in the Gazette, revoke an approval given under subsection (4).

  (7) Upon—

  • (a) the revocation of the approval of a body corporate under subsection (6); or

  • (b) the dissolution of any body corporate approved as a heritage protection authority under subsection (4)—

  all functions, powers, and duties of the body corporate under this Act in relation to any heritage order, or requirement for a heritage order, shall be deemed to be transferred to the Minister under section 192.

  (8) [Repealed]

  Section 188 heading: amended, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(3): replaced, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(4): replaced, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(5): replaced, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(6): replaced, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(7): replaced, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 188(8): repealed, on 7 July 1993, by section 101 of the Resource Management Amendment Act 1993 (1993 No 65).