HERITAGE ACT 2004 - SECT 73 Respondent's loss etc in relation to heritage order proceedings

HERITAGE ACT 2004 - SECT 73

    (1)     This section applies if, on an application for a heritage order claiming a contravention of a defined offence provision, the Supreme Court is satisfied that—

        (a)     there has not been a contravention of the provision by the respondent; and

        (b)     the respondent has suffered loss or damage because of the making of the application; and

        (c)     in the circumstances it is appropriate to make an order under this section.

    (2)     The court may, on the application of the respondent, and in addition to any order about costs, order the applicant to pay the respondent an amount, decided by the court, to compensate the respondent for the loss or damage suffered by the respondent.

    (3)     In this section:

"defined offence provision"—see section 69 (3).