Heritage Places Act 1993

If the Council is of the opinion—

that a place has sufficient heritage significance to justify its preservation, or that a place should be evaluated in order to determine whether its heritage significance justifies its preservation; and

that an order under this section is necessary to protect the place, the

Council may make an order requiring a person to stop any work or activity, or prohibiting a person from starting any work or activity, that may destroy or reduce the heritage significance of that place.

An order under subsection (1) takes effect on service of notice of the order on the person and ceases to have effect 12 working days after that service unless confirmed by the Court under this section.

If the Council makes an order under subsection (1)—

the

Council must forthwith apply to the Court for an order under this section; and

if the place is not entered in the Register, provisionally enter the place in the Register.

On application under subsection (3) the Court may—

—

confirm the Council's order; or

make, in substitution for the Council's order, any other order that the

Court thinks necessary to protect the place; or

revoke the Council's order; and

make any consequential or ancillary order.

If a place that is subject to an order under this section is removed from the Register, the order ceases to have any effect.

A person who contravenes or fails to comply with an order under this section is guilty of an offence.

Maximum penalty:

in the case of a body corporate—$1 000 000;

in the case of an individual—$500 000.