New South Wales Consolidated Acts

HERITAGE ACT 1977 - SECT 79C

79C Order restricting harm to heritage items

(1) The Minister or the Chairperson may make a stop work order if the Minister or Chairperson is of the opinion that a building, work, relic, moveable object or place the subject of an interim heritage order or listing on the State Heritage Register is being or is about to be harmed.

(2) A stop work order is an order that:

(a) work being carried out on a building, work, relic, moveable object or place cease, and

(b) no work, other than work specified in the order, be carried out on the building, work, relic, moveable object or place within a period of 40 days after the date of the order.

(3) A stop work order takes effect on and from the date that a copy of the order is affixed to the building, work, relic, moveable object or place the subject of the order.

(4) A person must not, while an order under this section is in force, carry out any work, other than such work as may be specified in that order, with respect to the building, work, relic, moveable object or place the subject of that order.

(5) The Minister or Chairperson:

(a) may only make a stop work order in relation to work for which approval is required under this Part, and

(b) must not make a stop work order in relation to work for which an approval is in force under this Part.

(6) More than one stop work order may not be made in relation to the same work.

(7) Nothing in this section prevents a person from seeking, or the Court from granting, an order under section 154 in relation to work.

(8) A stop work order ceases to have effect if an order is made in relation to the work concerned under section 154 or the work is approved under this Part.

(9) Section 137A applies in respect of a building, work, relic, moveable object or place subject to a stop work order in the same way as it applies to a building, work, relic, moveable object or place subject to an order under section 136 (1).