Heritage Places Act 1993

The

Minister may issue an order under this section if the Minister believes that the order is reasonably necessary to ensure or secure compliance with any requirement imposed by or under this Act.

An order under this section—

must be in the form of a written notice served on the person to whom the notice is issued; and

must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

must state the grounds on which it is made with reasonable particularity;

and

may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:

a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from the Minister or a person specified by the

Minister;

a requirement that the person take specified action to protect any place or object from damage or deterioration;

a requirement that the person secure any place or object to a standard specified by the Minister;

a requirement that the person take specified action, including action to make good, to the satisfaction of the Minister, any damage or situation caused, or apparently caused, by the person;

a requirement that a person control any specified activity; and

may specify that a requirement imposed by the order be done within a specified period or before a specified time; and

must state that the person may, within 21 days, appeal to the Court against the order or any subsequent variation of the order.

The

Minister may, by written notice served on a person to whom an order has been issued under this section, vary or revoke the order.

A person to whom an order is issued must comply with the order.

Maximum penalty:

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

in the case of an individual—$500 000.

If a person fails to comply with the requirements of an order, the

Minister may cause any action contemplated by the order to be carried out and recover the cost of doing so, as a debt, from the person against whom the order was made.

If an amount is recoverable from a person by the Minister under this section—

the

Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and

the amount together with any interest charge so payable is until paid a charge in favour of the Minister on any land owned by the person in relation to which the order is registered under this Part.

A charge imposed on land by this section has priority over—

any prior charge on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land;

and

any other charge on the land other than a charge registered prior to the registration of the order under this Part in relation to the land.

A person taking action under subsection (5) may enter any relevant land at any reasonable time.