HERITAGE ACT 1977 - SECT 121
Failure to comply with order
HERITAGE ACT 1977 - SECT 121
Failure to comply with order
121 Failure to comply with order
(1) Where an owner on whom an order under section 120 is served fails to
comply with that order within the period specified in that order or any
extension, granted by the Heritage Council on application of that owner, of
that period--
(a) the corporation may, in pursuance of section 113, resume or
appropriate the land on which the building or work the subject of that order
is situated, or
(b) the Minister may, by order published in the Gazette,
direct that no development or use of that land, other than the conservation of
that building or work, shall be carried out or made during such period, not
exceeding 10 years, as is specified in the order, or
(c) the Minister may, by
order published in the Gazette, direct that no development or use of that land
is to be carried out other than development or use of the building envelope
(that is, the three dimensional space) occupied by the building or work at the
time that the order under section 120 was served.
(2) In determining the
amount of compensation payable in respect of a resumption or an appropriation
of land by the corporation under subsection (1) (a), the value of that land
shall be--
(a) the value determined in accordance with section 147, or
(b)
the value determined on the assumption that no approval may be given under
this Act in respect of the building or work situated on that land other than
to restore that building or work to a reasonable state of repair,
whichever is
the lesser.
(3) The Minister may, by order published in the Gazette, at any
time at which an order made by the Minister under subsection (1) (b) or (c)
remains in force, revoke, alter or vary that order.
(4) An order made by the
Minister under subsection (1) (b) or (c) or (3) shall take effect on and from
the date of publication of that order in the Gazette.
(5) The Minister shall
cause notice of an order made by the Minister under subsection (1) (b) or (c)
or (3) to be served, as soon as practicable after the date of publication of
that order in the Gazette, on--
(a) the owner or occupier of the land subject
to that order,
