Western Australian Consolidated Acts

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HERITAGE OF WESTERN AUSTRALIA ACT 1990 - SECT 61

61 .         Contravention of Orders

        (1)         Where a copy of a Stop Work Order — 

            (a)         is affixed in a prominent position on the place to which it relates; or

            (b)         is served on a person carrying out, or causing to be carried out, at that place any works or other activity,

                a person who carries out, or authorises, causes or permits to be carried out, in relation to that place any works or activity of a kind prohibited by that Order commits an offence.

        Penalty: $10 000 and imprisonment for 2 years.

        Daily penalty: $1 000.

        (2)         A person who in, or in relation to, a place to which a Conservation Order applies — 

            (a)         damages or despoils that place or any part of, or thing in, that place;

            (b)         removes any thing; or

            (c)         contravenes any prohibition contained in the Order,

                whereby the cultural heritage characteristics of that place are detrimentally affected, or who authorises, causes or permits any other person to do any of those things, commits an offence.

        Penalty: $10 000 and imprisonment for 2 years.

        Daily penalty: $1 000.

        (3)         Where an act or omission is an offence against subsection (1) or subsection (2) and also an offence against the other of those subsections or some other provision of this Act, a person convicted under that subsection is not liable to be proceeded against under this Act by virtue of that other provision in respect of a contravention of the same or a substantially similar nature occurring at or about the same time in relation to the same place.



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