Victorian Consolidated Legislation

Heritage Act 1995 - SECT 36

Obligations of the owner

36. Obligations of the owner



(1) In this section Heritage Council decision means a decision of the Heritage
Council under section 42.

(2) This section applies to the owner of a place or object to whom a statement
has been given under section 34 or 34A.





(3) The owner of a place or object must advise the Executive Director of-

   (a)  any works that are being carried out in relation to the place or
        object at the time the statement is given; and

   (b)  any application for a planning permit or a building permit or for an
        amendment to a planning permit that has been made in relation to the
        place, but not determined at the time the statement is given; and

   (c)  any other activities that are being carried out or are proposed to be
        carried out in relation to the place or object at the time the
        statement is given.

(4) An advice under subsection (3) must be given within 10 days after the
statement is given under section 34 or 34A.

(5) If, before the Heritage Council decision on a place-

   (a)  an application for a planning permit or a building permit or for an
        amendment to a planning permit in relation to the place is made; or

   (b)  a planning permit or building permit or an amendment to a permit in
        relation to the place is granted-

the owner of the place must advise the Executive Director of the application,
permit or amendment.

(6) An advice under subsection (5) must be given within 10 days after the
making of the application or the grant of the permit or amendment.





(7) If, before the Heritage Council decision on a place or object-

   (a)  any activities are carried out in relation to the place or object that
        could adversely affect the place or object; or

   (b)  any activities are proposed to be carried out in relation to the place
        or object that could adversely affect the place or object-

the owner of the place or object must advise the Executive Director of the
activity or proposal.

(8) An advice under subsection (7) must be given within 10 days after the
owner becomes aware of the activity or the proposal, as the case requires.

(9) If, before the Heritage Council decision on a place or object, a proposal
is made to dispose of the whole or any part of the place or object, the owner
of the place or object must advise the Executive Director of that proposal.

(10) An advice under subsection (9) must be given at least 10 days before
entering into the contract for the disposal of the place or object.

(11) The owner of the place or object who proposes to dispose of the whole or
any part of the place or object before the Heritage Council decision on the
place or object must, before entering into a contract for that disposal, give
a copy of the statement under section 34 or 34A to the person who, under the
proposed contract, is to acquire the place or object or part of the place or
object.

(12) An advice to the Executive Director under this section must be in
writing.





(13) An owner of a place or object must comply with this section.

Penalty: in the case of a natural person: 120 penalty units; and in the case
of a body corporate: 240 penalty units.

Division 3-Decision of Heritage Council