Barrister AI
All legislation
SAAct
In force
This is the latest official compilation.Check the official source →
s 36

Damage or neglect

In force
Part 7Miscellaneous

36 Damage or neglect

(1)

A person who—

(a)

intentionally or recklessly damages a State Heritage Place; or

(b)

engages in conduct knowing that it will or might, or being recklessly indifferent as to whether it will or might, destroy or reduce the heritage significance of a State Heritage Place, is guilty of an offence.

Maximum penalty:

(a)

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

(b)

in the case of an individual—$500 000.

(2)

A person who undertakes any action that—

(a)

damages a State Heritage Place; or

(b)

destroys or reduces the heritage significance of a State Heritage Place, is guilty of an offence.

Maximum penalty:

(a)

in the case of a body corporate—$500 000;

(b)

in the case of an individual—$250 000.

(3)

A person who—

(a)

fails to take reasonable care of a State Heritage Place; or

(b)

fails to comply with any prescribed requirement concerning—

(i)

the protection of a State Heritage Place; or

(ii)

the state of repair of a State Heritage Place, is guilty of an offence.

Maximum penalty:

(a)

in the case of a body corporate—$500 000;

(b)

in the case of an individual—$250 000.

(4)

It is a defence for a charge against subsection (3) if it is proved that the defendant did not know, and could not reasonably be expected to know, that a place was a State Heritage

Place.

(5)

This section does not apply to damage resulting from action authorised by an approval or authorisation under the Planning,

Development and Infrastructure Act 2016 or from operations authorised under the Mining

Act 1971, the Opal

Mining Act 1995, the Energy

Resources Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Offshore

Minerals Act 2000.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 36 — Damage or neglect — Heritage Places Act 1993 (South Australia) — Barrister AI