Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) a person causes damage to—
(i) a place or object that has heritage significance; or
(ii) an Aboriginal place or an Aboriginal object; and
(b) the damage can be repaired; and
(c) the damage is not caused by conduct engaged in, in accordance with any of the following:
(i) a heritage guideline;
(ii) a heritage direction;
(iii) a heritage agreement;
(iv) a conservation management plan approved by the council;
(v) development approval under the Planning Act 2023
, chapter 7;
(vi) an excavation permit;
(vii) a statement of heritage effect approved by the council.
(2) The council may give any of the following people a written direction (a repair damage direction ) to do or not do something to repair damage to the place or object:
(a) the owner or occupier of the place;
(b) the owner or custodian of the object;
(c) a person whose work affects a place or object that has heritage significance.
Examples—person whose work affects a place or object
1 developer of a place
2 tradesperson providing trade services for a place or object
(3) A repair damage direction must be in writing and state—
(a) the place or object; and
(b) the damage to be repaired; and
(c) when the direction must be complied with, being a day at least 1 month after the direction is given to the person.
Note The power to make a direction includes the power to amend or repeal the direction. The power to amend or repeal the direction is exercisable in the same way, and subject to the same conditions, as the power to make the direction (see Legislation Act
, s 46).