Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

QUEENSLAND HERITAGE ACT 1992 - SECT 87

87 Chief executive may give notice about essential maintenance work

(1) This section applies if the chief executive reasonably believes--

(a) it is necessary to carry out essential maintenance work on a State heritage place; and
(b) the work is urgently required to be carried out to protect the place from serious or irreparable damage or deterioration caused by weather, fire or vandalism.

(2) The chief executive may give the owner of the place a notice (the maintenance notice) requiring the owner to carry out the essential maintenance work stated in the notice.

(3) Before giving the maintenance notice, the chief executive must take reasonable steps to consult with the owner of the place about the essential maintenance work the chief executive believes necessary to carry out.

(4) The maintenance notice must state the following--

(a) the essential maintenance work the chief executive requires to be carried out on the State heritage place;
(b) that the chief executive believes the work is necessary to prevent serious or irreparable damage to, or deterioration of, the place;
(c) the reasons for the chief executive's belief;
(d) that the owner of the place must carry out the stated work within the stated reasonable period;
(e) that it is an offence to fail to comply with the notice unless the owner has a reasonable excuse.

(5) The stated period for subsection (4)(d) must not be less than 20 business days after the owner receives the maintenance notice.

(6) The owner of the place must comply with the maintenance notice unless the owner has a reasonable excuse.

Maximum penalty--

(a) for an individual--100 penalty units;
(b) for a corporation--1000 penalty units.

(7) In this section--

essential maintenance work, in relation to a State heritage place, means work of a minor nature that, if carried out on the place, would help to prevent serious or irreparable damage to, or deterioration of, the place.

Examples--
re-fixing loose roofs or wall boards
removing potential fire hazards
maintaining existing fire management systems, or locks on doors and windows
boarding up insecure openings in an unoccupied building
shutting down electricity or gas services to an unoccupied building


[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]