Decision-maker may give notice about essential repair or maintenance work

Current

(1)

This section applies if the decision-maker for a heritage place reasonably believes—

(a)

it is necessary to carry out essential repair or maintenance work on the place; and

(b)

the work is required to be carried out to protect the place from damage or deterioration caused by weather, fire, vandalism or insects.

(2)

The decision-maker may give the owner of the place a notice (a repair and maintenance notice) requiring the owner to carry out the essential repair or maintenance work stated in the notice.

(3)

Before giving the repair and maintenance notice, the decision-maker must take reasonable steps to consult with the owner of the place about the essential repair or maintenance work the decision-maker believes necessary to carry out.

(4)

The repair and maintenance notice must state the following—

(a)

the essential repair or maintenance work the decision-maker requires to be carried out on the heritage place;

(b)

that the decision-maker believes the work is necessary to prevent damage to, or deterioration of, the place;

(c)

the reasons for the decision-maker’s belief;

(d)

that the owner of the place must carry out the stated work within the stated reasonable period;

(e)

that it is an offence to fail to comply with the notice unless the owner has a reasonable excuse.

(5)

The stated period for subsection (4)(d) must not be less than 20 business days after the owner receives the repair and maintenance notice.

(6)

The owner of the place must comply with the repair and maintenance notice unless the owner has a reasonable excuse.Maximum penalty—

(a)

for a repair and maintenance notice given by the chief executive—

(i)

for an individual—100 penalty units; or

(ii)

for a corporation—1,000 penalty units; or

(b)

for a repair and maintenance notice given by the chief executive officer of a local government—

(i)

for an individual—75 penalty units; or

(ii)

for a corporation—750 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A, to have also committed the offence.

(7)

In this section—

decision-maker means—

(a)

for a State heritage place—the chief executive; or

(b)

for a local heritage place—the chief executive officer of the local government for the local government area in which the place is situated.

essential repair or maintenance work, in relation to a heritage place, means work of a minor nature that, if carried out on the place, would help to prevent damage to, or deterioration of, the place.

Examples—

• repairing wall or roof frames

• re-fixing loose wall or roof boards

• removing potential fire hazards

• maintaining existing fire management systems

• putting locks on doors and windows

• boarding up insecure openings in an unoccupied building

• shutting down electricity or gas services to an unoccupied building

• taking steps for managing or eradicating termites or other insects

• cleaning and repairing gutters and downpipes

heritage place means a State heritage place or local heritage place.

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84 Decision-maker may give notice about essential repair or maintenance work