Heritage Act 2018

When a person applies for compensation under section 153, the Minister must —

inquire into whether there are grounds for recommending the payment of compensation; and

within the prescribed period make a recommendation to the Treasurer —

as to whether the Treasurer should pay compensation to the applicant; and

if the recommendation is that compensation should be paid, on what terms and, having regard to subsections (4) and (5), of what amount.

When enquiring under subsection (1)(a) whether expenditure incurred by the applicant was reasonably incurred, the Minister must have regard —

to whether —

the place concerned was included in a publicly available list of places that for historic or other reasons should be protected; or

the applicant had received, or ought to have taken, notice of the cultural heritage significance of the place;

to the consequential possibility of legal protection or conservation, so that a reasonable person intending to incur expenditure would have been likely to proceed with caution and in consultation with relevant authorities and interested bodies.

When recommending under subsection (1)(b) that the Treasurer should pay compensation, the Minister may recommend that the applicant should enter into a heritage agreement in relation to the place as a condition of receiving compensation.

When recommending an amount of compensation under subsection (1)(b), the Minister must have regard to the following —

any expenditure incurred by the applicant in the preparation of plans for the purposes of any work, or upon other necessary matters preparatory to the work;

the cost of, and the circumstances relating to, the acquisition of the place by the applicant;

any sum payable by the applicant in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works on account of the suspension or delay;

any benefit or advantage obtained by the applicant where permission or authorisation for the development of some other land is made possible or is beneficially affected by the operation of, or in consideration of the attainment of the objectives of, this Act;

where a heritage agreement in relation to the place is in place or is recommended, the terms or recommended terms of the heritage agreement.

When recommending an amount of compensation under subsection (1)(b), the Minister must disregard any prospective use of the place other than the restoration and conservation of a place of cultural heritage significance.