Northern Territory Consolidated Acts

HERITAGE CONSERVATION ACT - SECT 39K

(1) Where the Minister or the Minister's delegate receives an application under section 39J(1), the Minister or the Minister's delegate may, by notice in writing, authorise:

(a) the carrying out of work on the heritage place or heritage object specified in the application;

(b) damage to, or the desecration or alteration of, the heritage place specified in the application;

(c) damage to, or the destruction, demolition, desecration or alteration of, the heritage object specified in the application;

(d) the removal from a heritage place of a heritage object or an object associated with a place declared under section 26(1)(a) to be part of the Northern Territory heritage; or

(e) the removal of a heritage object from the Territory.

(2) Where the Minister receives an application under section 39J(2) in relation to a heritage place, the Minister may, by notice in writing, authorise the destruction or demolition of the heritage place or a building or structure on the heritage place.

(3) The Minister may, of his or her own motion, by notice in writing authorise the carrying out, on a heritage place on:

(a) vacant Crown land; or

(b) land to which relates an estate in fee simple registered in the name of the Crown,

of work of any sort, including the alteration, destruction or demolition of the heritage place or a building or structure on the heritage place.

(4) Subject to subsection (5), the Minister or Minister's delegate may exercise his or her power under subsection (1), (2) or (3) in relation to a heritage place or a heritage object notwithstanding:

(a) any other provision of this Act (including section 3); or

(b) that a conservation management plan is in force in relation to the heritage place or heritage object.

(5) The Minister or the Minister's delegate must not authorise the conduct of an activity under subsection (1), (2) or (3) unless the Minister or the Minister's delegate has referred the matter to the Council for comment and has considered the comments received in accordance with the referral.

(6) Where the Minister or the Minister's delegate receives an application under section 39J(1) or (2), the Minister or the Minister's delegate must refer the matter to which the application relates to the Council within 7 days after receiving the application.

(7) Where the Minister or the Minister's delegate refers a matter to the Council in pursuance of subsection (5), the Council must provide its comments within:

(a) 14 days after receiving the referral; or

(b) if the Minister specifies a longer period - that period.

(8) The Minister or the Minister's delegate must advise the Council of his or her decision in respect of a matter referred to the Council for comment in pursuance of subsection (5) and the reasons for that decision.

(9) The Territory is liable to pay reasonable compensation for any damage or loss suffered by an aggrieved person in consequence of the carrying out of work under subsection (3).

(10) Authorisation under subsection (1) or (2) to an action referred to in that subsection does not relieve a person from a requirement to obtain the necessary consent for that action under any other law in force in the Territory.

(11) For the purposes of subsection (9), aggrieved person means a person with a proprietary or possessory interest in:

(a) the land in relation to which the works are carried out; or

(b) any other land or object the use or value of which is directly affected by the works carried out.