Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Unless that
Agreement otherwise provides, entry into a Heritage Agreement does not affect
a right of action for damages or payment of money where the right of action
arose before a memorial as to the Heritage Agreement was entered on, or notice
of the Agreement was otherwise given in relation to, the title to the land.
(2) Damages for
contravention of that Agreement may be awarded to the Council on behalf of the
Crown, or a party to the Agreement or other person aggrieved who has thereby
suffered loss, against the owner or occupier of land or a place to which a
Heritage Agreement relates unless the person shows that the contravention
occurred without the consent or connivance of that person and that the person
exercised all reasonable care to prevent it.
(3) In assessing
damages for contravention of a Heritage Agreement by an owner or occupier of
land or a place to which the Agreement relates, a court may, in addition to
any actual loss suffered, take into account —
(a) any
detriment to the public interest resulting from the contravention; and
(b) any
financial or other benefit that the person sought to gain by the
contravention,
to the intent that the
damages awarded shall not only compensate for any loss but also be such as to
ensure that no person derives benefit from the contravention, that the land or
building is restored to the extent that the contravention occasioned
deterioration, and that subsequent or similar contraventions are deterred.