67A

Repair damage direction by council

In force

(1)

This section applies if—

(a)

a person causes damage to—

(i)

a place or object that has heritage significance; or

(ii)

an Aboriginal place or an Aboriginal object; and

(b)

the damage can be repaired; and

(c)

the damage is not caused by conduct engaged in, in accordance with any of the following:

(i)

a heritage guideline;

(ii)

a heritage direction;

(iii)

a heritage agreement;

(iv)

a conservation management plan approved by the council;

(v)

development approval under the Planning Act 2023, chapter 7;

(vi)

an excavation permit;

(vii)

a statement of heritage effect approved by the council.

(2)

The council may give any of the following people a written direction (a repair damage direction) to do or not do something to repair damage to the place or object:

(a)

the owner or occupier of the place;

(b)

the owner or custodian of the object;

(c)

a person whose work affects a place or object that has heritage significance.

Examples—person whose work affects a place or object

1 developer of a place

2 tradesperson providing trade services for a place or object

(3)

A repair damage direction must be in writing and state—

(a)

the place or object; and

(b)

the damage to be repaired; and

(c)

when the direction must be complied with, being a day at least 1 month after the direction is given to the person.

This Act’s bill:Explanatory statement Second reading speech

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