Australian Capital Territory Consolidated Acts

HERITAGE ACT 2004 - SECT 66

    (1)     This section applies if—

        (a)     a person does not comply with a heritage direction requiring the person to do something; and

        (b)     either—

              (i)     the appeal period has ended and no appeal has been made; or

              (ii)     any appeal has been finally decided and is unsuccessful.

    (2)     An authorised person may enter the premises where the place or object to which the direction applies is located and—

        (a)     do the thing stated in the direction; or

        (b)     do or finish any work stated in the direction.

    (3)     The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.

    (4)     The Minister must endeavour to give each interested person for the place or object written notice of the action proposed under subsection (2) at least 5 working days before the day the action is to begin.

    (5)     The notice must include the following:

        (a)     a statement about the operation of this section;

        (b)     the purpose and nature of the proposed action;

        (c)     the parts of the place likely to be affected;

        (d)     the time or times when the action is proposed to be taken;

        (e)     a statement about the obligations of the authorised person and the Territory under subsection (7).

    (6)     A person may waive the right to all or part of the minimum period of notice under subsection (4).

    (7)     Section 97 (Damage etc to be minimised) and section 98 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—

        (a)     it were the exercise of a function under part 14 (Enforcement) by an authorised person or a person assisting an authorised person; and

        (b)     as if all other changes, including changes prescribed under the regulations, were made.