Application of Heritage Act 2017
43 Application of Heritage Act 2017
S. 43(1) amended by No. 7/2017 s. 303(2).
The Minister administering the Heritage Act 2017, by Order published in the Government Gazette, may exempt any registered building or registered land or other building or any part of the Link Upgrade area from the operation of that Act.
S. 43(2) amended by No. 7/2017 s. 303(3).
On the making of an Order under subsection (1), the Heritage Act 2017 ceases to apply to the building or land in respect of which the Order is made and any registered building or registered land ceases to be registered under that Act.
An Order under subsection (1) may be made subject to any conditions specified in the Order including—
S. 43(3)(a) amended by No. 7/2017 s. 303(4).
a condition requiring specified things to be done to the satisfaction of the Minister administering the Heritage Act 2017; and
a condition providing that any use or development of land is conditional on an agreement being entered into with that Minister.
Any person who fails to comply with a condition of any Order or an agreement made under an Order is guilty of an offence and liable to a penalty not exceeding 1500 penalty units or 2 years imprisonment.
S. 43(5) amended by No. 7/2017 s. 303(5).
The Minister administering the Heritage Act 2017 may revoke or amend an Order made under subsection (1).
On the revocation of an Order made under subsection (1)—
S. 43(6)(a) amended by No. 7/2017 s. 303(6).
the Heritage Act 2017 again applies to any building or land affected by the Order; and
in the case of a building or land affected by the Order that was previously registered under that Act, that Act applies as if that building or land had not been registered.
Pt 2B Div. 6 (Heading and new ss 44, 45) inserted by No. 81/2006 s. 72, repealed by No. 8/2019 s. 115.
* * * * *
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.