ABORIGINAL HERITAGE ACT 2006 - SECT 95D Improvement notices

ABORIGINAL HERITAGE ACT 2006 - SECT 95D

    (1)     This Division applies if an authorised officer or an Aboriginal heritage officer believes on reasonable grounds that the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit has contravened this Act and that the contravention is likely to be repeated.

    (2)     The authorised officer or the Aboriginal heritage officer may serve on the sponsor or holder an improvement notice requiring the sponsor or holder to remedy the contravention or likely contravention, or the matters or acts causing the contravention or likely contravention.

    (3)     An improvement notice must—

        (a)     state the basis for the authorised officer's or Aboriginal heritage officer's service of the notice; and

        (b)     specify the provision of the Act in respect of which that belief is held; and

        (c)     specify a date within which the sponsor or holder is required to remedy the contravention or likely contravention or the matters or acts causing the contravention or likely contravention; and

        (d)     set out the penalty for contravening the notice.

    (4)     An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention or the matters or acts causing the contravention or likely contravention to which the notice relates.

S. 95E inserted by No. 11/2016 s. 71.