Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a person does not comply with a heritage direction requiring the person to do something; and
(b) either—
(i) the appeal period has ended and no appeal has been made; or
(ii) any appeal has been finally decided and is unsuccessful.
(2) An authorised person, with necessary assistance, may enter the premises where the place or object to which the direction applies is located and—
(a) do the thing stated in the direction; or
(b) do or finish any work stated in the direction; or
(c) direct or supervise another person that the authorised person has asked to carry out a task mentioned in paragraph (a) or (b).
(3) The reasonable cost incurred by the Territory in doing anything under subsection (2) is a debt owing to the Territory by the person to whom the direction was given.
(4) The council must endeavour to give each interested person for the place or object written notice of the action proposed under subsection (2) at least 5 working days before the day the action is to begin.
(5) The notice must include the following:
(a) a statement about the operation of this section;
(b) the purpose and nature of the proposed action;
(c) the parts of the place likely to be affected;
(d) the time or times when the action is proposed to be taken;
(e) a statement about the obligations of the authorised person and the Territory under subsection (7).
(6) A person may waive the right to all or part of the minimum period of notice under subsection (4).
(7) Section 97 (Damage etc to be minimised) and section 98 (Compensation for exercise of enforcement powers) apply to any action taken under subsection (2) as if—
(a) it were the exercise of a function under part 14 (Enforcement) by an authorised person or a person assisting an authorised person; and
(b) as if all other changes, including changes prescribed under the regulations, were made.
(8) In this section:
"necessary assistance", for an authorised person entering premises, includes the attendance of 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist in carrying out the authorised person's functions.