20 Government Gazette 29 December 2004 Act No. 27, 2004 No.3361 NATIONAL HERITAGE ACT, 2004 (c) that part of the place is of heritage significance and should be included in the Register; (d) that the place, or part of the place, or the object may be of heritage significance and that a provisional protection order should be made in respect of the place or that part of the place or the object. (4) When making a recommendation that a place be declared a heritage place, the Council may recommend that the place be declared a national monument if the place is of major significance and importance in relation the national heritage. (5) If, when making a recommendation the Council considers that ­ that a place be declared a heritage place, (a) the heritage significance of that place would be substantially less if the land or any part of the land which is or has been used in conjunction with the place were developed; or (b) land surrounding that place is important to the protection or conservation of the place or contributes to the understanding of the place, the Council may make a recommendation that that land be included for declaration as being part of the place, whether or not the land is in the same ownership as the place. (6) A recommendation in respect ofland referred to in subsection (5) must be made with the consent of the owner. (7) Upon making a determination under this section the Council must provide a report to the Minister on the proposed declaration, including a report on any submissions considered or hearing conducted and the Council's determination concerning the declaration which the Council recommends should be made by the Minister in relation to the place or object. Division 3 - Declaration of Heritage Places and Heritage Objects and Registration Decision of Minister - 35. After considering the report of the Council, the Minister (a) may make any determination recommended by the Councilor Council could have made under section 34; and (b) must notify the Council in writing ofthe determination made under paragraph (a). Notice of declaration that the and registration 36. (1) If the Minister determines that a place or part of a place or an object be declared a heritage place or heritage object, the Council, upon receiving the Minister's notification, must ­ (a) include the place or part of the place or the object in the Register; (b) give notice to the owner of the declaration and inclusion in the Register of the place or object; (c) publish notice in the Gazette of the inclusion of that place or part of the place or the object in the Register as a heritage place or heritage object.