Heritage Places Act 1993

The

Minister may issue an order under this section (a restoration order) to a person if—

the person has carried out works or activities in relation to a State

Heritage Place; and

the

Minister reasonably believes that the works or activities were not authorised by, or carried out in accordance with—

development authorisation under the Planning,

Development and Infrastructure Act 2016;

or

an approval, consent, licence, permit or other authorisation, granted or required under another Act or law, prescribed by the regulations.

A restoration order issued to a person may require the person to—

rectify any works or activities carried out in relation to the State

Heritage Place; or

otherwise restore or reinstate the State Heritage Place, as far as is possible, to the condition it was in immediately before the work or activity was carried out.

A restoration order under this section must—

be in the form of a written notice served on the person to whom it 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 the restoration order has been issued under this section, vary or revoke the order.

A person to whom a restoration 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 restoration 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 (6) 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 restoration 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 restoration order under this Part in relation to the land.