The Minister may make a declaration under section 37A relating to a National Heritage place only if:
(a) the Minister is satisfied that the declaration will promote the management of the place in accordance with the National Heritage management principles; and
(b) the Minister is satisfied that the declaration is not inconsistent with:
(i) an agreement to which the Commonwealth is a party in relation to the National Heritage place; or
(ii) a plan that has been prepared for the management of the National Heritage place under section 324S or as described in section 324X.