Northern Territory Consolidated Acts

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HERITAGE CONSERVATION ACT - SECT 49

Direction to repair or maintain heritage place

49. Direction to repair or maintain heritage place

(1) The Minister may, by instrument in writing served on the owner, direct the owner of a heritage place or object to carry out at his or her own expense, for the purpose of repairing or maintaining the place or object, such work on the place or object, and within such time, as is specified in the notice.

(2) A direction under subsection (1) may specify the materials to be used and the manner in which they should be used.

(3) A person on whom an instrument under subsection (1) has been served shall comply with and not contravene the direction.

Penalty: $1,000.

Default penalty: $100.

(4) Where a person on whom an instrument under subsection (2) has been served fails to comply with the direction in the specified time, the Minister may authorise a person to enter the heritage place or site or location of the heritage object, with or without employees, vehicles, plant, equipment or materials and carry out the work specified in the instrument, and the person may enter and carry out the work accordingly.

(5) The costs reasonably incurred by a person carrying out work in pursuance of subsection (4) is a debt due and payable to the Territory by the person on whom the instrument referred to in that subsection was served and, where the debt is incurred in relation to a heritage place, it is an overriding statutory charge, within the meaning of the Land Title Act , on the land comprising the place.



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