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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Heritage of Western Australia Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the
Heritage of Western Australia Act
1990
3. Act amended 3
4. Section 79 amended 3
5. Section 79A inserted 3
79A. Directions by the Council regarding
unauthorised development 3
079 -- 1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Hyde, MLA)
Heritage of Western Australia Amendment
Bill 2009
A Bill for
An Act to amend the Heritage of Western Australia Act 1990 to
increase the penalties for illegal works upon places entered in the
Register of Heritage Places, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Heritage of Western Australia Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This Act is the Heritage of Western Australia Amendment
4 Act 2009.
5 2. Commencement
6 This Act comes into operation 28 days after the day on which it
7 receives the Royal Assent.
page 2
Heritage of Western Australia Amendment Bill 2009
Amendments to the Heritage of Western Australia Act 1990 Part 2
s. 3
1 Part 2 -- Amendments to the Heritage of Western
2 Australia Act 1990
3 3. Act amended
4 The amendments in this Part are to the Heritage of Western
5 Australia Act 1990.
6 4. Section 79 amended
7 Section 79(1) is amended as follows --
8 (a) by deleting "$5 000" and inserting instead:
9
10 $1 000 000
11
12 (b) by deleting "$500" and inserting instead:
13
14 $50 000
15
16 5. Section 79A inserted
17 After section 79 the following section is inserted:
18
19 79A. Directions by the Council regarding unauthorised
20 development
21 (1) For the purposes of subsection (2) a development is
22 taken to be unauthorised if it is --
23 (a) undertaken in contravention of an Order under
24 Part 6; or
25 (b) commenced, continued or carried out without
26 the prior approval of the Council.
27 (2) Where unauthorised development has been undertaken
28 on any land entered in the Register, the Council may
page 3
Heritage of Western Australia Amendment Bill 2009
Part 2 Amendments to the Heritage of Western Australia Act 1990
s. 5
1 give written direction to the owner or any other person
2 who undertook the development --
3 (a) to remove, pull down, take up, or alter the
4 development; and
5 (b) to restore the land as nearly as practicable to its
6 condition immediately before the development
7 started, to the satisfaction of the Council.
8 (3) A direction under subsection (2) is to specify a time,
9 being not less than 60 days after the service of the
10 direction, within which the direction is to be complied
11 with.
12 (4) A person who fails to comply with a direction given
13 under subsection (2) within the time specified in the
14 direction, or within any further time allowed by the
15 Council commits an offence.
16 Penalty: $1 000 000
17 Daily penalty: $50 000.
18
19
page 4
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