Anyone could suggest that a certain site should be listed on the Register of the National Estate. A nomination form was provided and was then submitted to an expert group for evaluation. If a place was accepted for listing, the nomination is declared in the Commonwealth Gazette and newspapers.
The Heritage Council eventually made a decision after the public has had time to comment and raise possible objections. The listing, if it took place, was 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 required that a Commonwealth Minister or authority should not take any course of action that would adversely affect the listed subjects unless there was no alternative; in the latter case, the Minister was obliged to take steps to minimise any effect on the listed subject.[3] The listing did not impose any legal obligations on private owners, companies, State governments or local governments. The Australian Heritage Council had to be consulted if any government wanted to take a course of action that might have an adverse effect on a listed subject. The Council itself could not make decisions on a proposed course of action; such decisions were made by the Federal Minister or the relevant authority contemplating the course of action.
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