Register of The National Estate - Process of Listing

Process of Listing

Anyone can suggest that a certain site should be listed on the Register of the National Estate. A nomination form is provided and is then submitted to an expert group for evaluation. If a place is accepted for listing, the nomination is declared in the Commonwealth Gazette and newspapers. The Heritage Council eventually makes a decision after the public has had time to comment and raise possible objections. The listing, if it takes place, is based on an assessment of the values of the nominated place, whether "aesthetic, historic, scientific, or social significance, or other special value".

A listing on the Register requires that a Commonwealth Minister or authority should not take any course of action that will adversely affect the listed subjects unless there is no alternative; in the latter case, the Minister is obliged to take steps to minimise any effect on the listed subject. The listing does not impose any legal obligations on private owners, companies, State governments or local governments. The Australian Heritage Council must always be consulted if any government wants to take a course of action that may have an adverse effect on a listed subject. The Council itself cannot make decisions on a proposed course of action; such decisions are made by the Federal Minister or the relevant authority contemplating any such course of action.