Australian Capital Territory Consolidated Acts

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HERITAGE ACT 2004 - SECT 62

Heritage direction by Minister

    (1)     The Minister may give the owner or occupier of a place or object a written direction (a heritage direction ) to do or not do something to conserve the heritage significance of the place or object.

Examples of heritage directions

1     to do essential maintenance on a place

2     not to adversely affect a significant feature of a heritage place

3     not to undertake a development affecting the heritage significance of a place

Note 1     The power to make a statutory instrument (including a heritage direction) includes power to amend or repeal the instrument (see Legislation Act, s 46)

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The heritage direction may be given only if—

        (a)     the council—

              (i)     is satisfied, on reasonable grounds, the direction is in accordance with any applicable heritage guideline; and

              (ii)     recommends the direction; and

        (b)     the Minister is satisfied, on reasonable grounds, that—

              (i)     there is a serious and imminent threat to the heritage significance of the place or object; and

              (ii)     immediate protection is necessary.

    (3)     The direction must state the period for which it is in force.

    (4)     To remove any doubt, a direction may be given in relation to a place or object whether or not it is registered.



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