Heritage Places Act 1993

Subject to this section, if the Minister is satisfied that a State Heritage

Place suffers from—

neglect or disrepair that risks destroying or reducing the heritage significance of the place; or

neglect or disrepair of a kind or extent prescribed by the regulations, the

Minister may issue an order under this section (a repair order) to a person in respect of the State Heritage Place that requires the person to carry out specified works or take other specified action for 1 or more of the following purposes:

protecting the State Heritage Place from damage, deterioration or destruction due to fire, weather, vermin or other causes;

securing the State Heritage Place from intrusion or vandalism;

ensuring that maintenance and repair necessary to remedy or prevent serious or irreparable damage or deterioration is carried out in respect of the State Heritage Place.

Before issuing a repair order, the Minister must give written notice to the person to whom the order is proposed to be issued of the intention to issue the order, the terms of the proposed order and the period proposed to be specified as the period within which the order is to be complied with.

The notice must also state that the person to whom the repair order is proposed to be issued may, within a period (being at least 21 days) specified in the notice, make written representations to the

Minister as to why the order should not be issued, or as to the terms of, or period for compliance with, the order.

A person given notice of a proposed repair order may, in accordance with the notice, make representations concerning the proposed order.

The

Minister must consider any representations so made and after doing so may determine to—

issue a repair order in accordance with the proposed order; or

issue a repair order in accordance with modifications made to the proposed order; or

not issue the repair order.

If the Minister determines to issue an order in accordance with modifications made to the proposed order, notice under subsection (2) of the proposed order as so modified is not required to be given.

A repair order issued under this section must—

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

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

specify the particulars of the works required to be carried out or action required to be taken; and

specify the period within which the works or action must be completed; and

state that the person may, within 21 days of the order being issued or a subsequent variation of the order being made, appeal to the

Court against the order or variation of the order.

The

Minister may, at any time, by written notice served on a person to whom a repair order has been issued under this section—

after consultation with the person, vary the order (including so as to vary the period specified for compliance with the order); or

revoke the order.

A person to whom a repair 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 a repair order, the Minister may cause any works or 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.

A person taking action under subsection (10) may enter any relevant land at any reasonable time.

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 repair 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 repair order under this Part in relation to the land.