Heritage Act 2018

An owner of land other than Crown land who claims to be denied all economically viable use of the land by the operation of this Act may, by notice in writing, request the Council to acquire the land, or cause it to be acquired, under section 112.

If, following a request under subsection (1), the Council declines to acquire the land, or the owner is not satisfied with the terms on which the Council offers to acquire the land, the owner may apply to the Tribunal to determine —

whether the owner is denied all economically viable use of the land by the operation of this Act; and

if so, whether it is appropriate for the Council to acquire the land to conserve its cultural heritage significance.

If the Tribunal determines under subsection (2) that it is appropriate for the Council to acquire the land, it may require the Council to acquire the land where practicable upon terms agreed between the Council and the owner but otherwise by taking it under the Land Administration Act 1997 Part 9 as read with section 109 as though the land were the subject of a declaration made under section 109(2).