HERITAGE ACT 2004 - SECT 61I Council may direct application for approval of statement of heritage

HERITAGE ACT 2004 - SECT 61I

    (1)     The council may, in writing, direct a person or entity to make an application under section 61G if the council is satisfied on reasonable grounds that—

        (a)     the person or entity conducts, or proposes to conduct, an activity that is likely to diminish the heritage significance of a place or object, or likely to damage an Aboriginal place or Aboriginal object; and

        (b)     the council has not approved a statement of heritage effect in relation to the activity.

    (2)     If the council issues a direction under this section—

        (a)     if the activity has not started—the person or entity may only start the activity if the council approves a statement of heritage effect for the activity; or

        (b)     if the activity has started—the person or entity must immediately stop the activity until the council approves a statement of heritage effect for the activity.

Note     It is an offence to engage in conduct—

        (a)     that—

                  (i)     diminishes the heritage significance of a place or object; or

                  (ii)     damages an Aboriginal place or Aboriginal object; and

        (b)     that is not in accordance with a statement of heritage effect approved by the council, or some other exception under s 76 (see pt 13).