Exclusion determination

Exclusion determinations

An exclusion determination is made on the basis that the place has no reasonable prospect of inclusion in the Victorian Heritage Register. The determination has the effect that the Executive Director cannot accept a nomination for the place for the next 5 years unless new information is provided which was not available at the time of the exclusion determination, and this information is significant to the State level heritage significance of the place.

Process for requesting a review

Under section 36E of the Act, a person who has a real and substantial interest in the place may request the Heritage Council to review the Executive Director’s decision. You can find more information about exclusion determination reviews on the Heritage Council’s website.

Any request for review must be lodged within 28 days of the decision and be accompanied by the prescribed fee. The prescribed fee is 25 fee units, which in FY24-25 equates to $408.25.

In considering a review of a decision under section 36F of the Act the Heritage Council may:

affirm the decision under review; or
set aside the decision under review and make another decision in substitution for it; or
set aside the decision under review and remit the matter for reconsideration by the Executive Director in accordance with any directions or recommendations.