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HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 229 Powers of court with respect to contravention

HERITAGE ACT 2017 (NO. 7 OF 2017) - SECT 229

Powers of court with respect to contravention

    (1)     If, in a proceeding for an offence under this Act, a person is found guilty or convicted of that offence, the court may do one or more of the following—

        (a)     make any order that it considers appropriate to remedy or restrain the contravention that constitutes the offence;

        (b)     order the person to do any of the following—

              (i)     take any action specified by the court to publicise the offence, any consequences arising or resulting from the offence and any penalties imposed, or other orders made, as a result of the commission of the offence;

              (ii)     take any action specified by the court to notify one or more persons or classes of person of the matters listed in subparagraph (i);

Example

To publish a notice in an annual report or to distribute a notice to persons affected by the offence.

              (iii)     carry out, or provide funding for, a specified project for the restoration or enhancement of another place or object for the public benefit, even if the project is unrelated to the offence.

    (2)     Without limiting the powers of the court under subsection (1), an order made under that subsection may—

        (a)     if the contravention constituting the offence comprises the construction of a building or the carrying out of works or activities, require the demolition or removal of the building or structure; or

        (b)     if the contravention constituting the offence has the effect of altering the appearance or physical nature of a place or object, or the state of land on which there is a registered place or registered object, require the restoration or reinstatement, so far as is possible, of the place or object to the condition it was in immediately before the contravention.

    (3)     The court may make any order under this section on the application of the Executive Director, or on its own motion.

    (4)     In making an order, the court may specify by when specified actions must be taken and may also impose any other requirement that it considers necessary to make the order effective.

    (5)     An order made under this section may be enforced in the court by which it was made by any means available to that court of enforcing an order made by it in a civil proceeding.

    (6)     This section does not affect the operation of section 217.