Australian Capital Territory Current Acts

HERITAGE ACT 2004 - SECT 67D

    (1)     This section applies if a person—

        (a)     is subject to a repair damage direction; and

        (b)     fails to comply with the direction within the later of—

              (i)     the time stated in the direction; and

              (ii)     if the council extends the time under section 67B—the extended time.

    (2)     An authorised person, with necessary assistance, may enter the premises where the place or object to which the repair damage 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)     However, the authorised person may only—

        (a)     enter the premises—

              (i)     between 8am and 6pm on a day; or

              (ii)     at any reasonable time with the occupier's consent; and

        (b)     enter the premises necessary to carry out the task mentioned in subsection (2); and

        (c)     remain at the premises until the task mentioned in subsection (2) is complete.

    (4)     The reasonable costs 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.

Note     An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act

, s 177).

    (5)     The council must, at least 7 days before the proposed action is to begin—

        (a)     give the person written notice of the action proposed under subsection (2); and

        (b)     endeavour to give each interested person for the place or object written notice of the action proposed under subsection (2).

    (6)     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).

    (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)     all other necessary changes, including changes prescribed by regulation, 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.