Heritage Act 2018

Subject to subsections (2) and (3), the Minister may make an order under this section in relation to a registered place (a repair order) requiring the owner or occupier of the place to undertake specified works for any or all of the following purposes —

protecting the place from damage or deterioration due to fire, weather or other causes;

securing the place from intrusion or vandalism;

maintaining or repairing the place to remedy or prevent serious or irreparable damage or deterioration from any cause.

The Minister must not make a repair order unless —

the Council has advised the Minister that —

it has given a repair notice to the owner or occupier of the place and has taken the prescribed steps for consultation and negotiation; and

neither the works specified in the repair notice nor other works satisfactory to the Council have been carried out; and

the Council considers that works specified in the Council’s advice are necessary for any of the purposes mentioned in subsection (1);

the Minister considers, having regard to the advice of the Council, that —

a repair order is necessary for any of the purposes mentioned in subsection (1); and

the order is unlikely to cause undue hardship to the person to whom the order is directed.

The Minister must not make a repair order in relation to —

unallocated Crown land or an unmanaged reserve, except with the consent of the Minister for Lands; or

a managed reserve placed in the care, control and management of a Minister of the Crown or another public authority that is responsible to a Minister of the Crown, except with the consent of that Minister; or

a place that is owned by a Minister of the Crown or another public authority that is responsible to a Minister of the Crown, except with the consent of that Minister.

A repair order must include the following —

a land description of the place to which it relates;

particulars of the works to be undertaken;

a statement of the date by which the works must be completed.