Heritage Act 2018

In this section —

If a person is convicted of an offence under this Act involving the alteration of the fabric of, or the demolition, damage or despoliation of, any place or the removal of any thing from any place, a court of competent jurisdiction may, instead of or in addition to any other penalty imposed, order the person, within the specified period —

to take specified measures to restore the place, or any specified land, feature, building or structure, or to return any thing to the place, so that the place is restored to the state in which it was before the offence occurred or to a state specified in the order; or

to pay to a specified person a specified amount, being an amount the court determines to be appropriate to enable measures that are required to be carried out; or

to make any other restitution determined by the court.

Before making an order under subsection (2), the court must obtain and have regard to the recommendation of the Council as to whether the order should be made and, if the Council recommends the order should be made, the measures to be specified.

A person must comply with an order made under subsection (2).

If a person fails to comply with an order made under subsection (2), the Council —

may enter upon the land to which the order relates with such persons and things as may be necessary; and

may carry out any measures specified in the order; and

may recover, in a court of competent jurisdiction, the reasonable expenses of doing so from the person who failed to comply with the order or any successor in title as if it were a debt due.