Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 46

substitute

62     Heritage direction by council

    (1)     This section applies if a place or object—

        (a)     has heritage significance; or

        (b)     is an Aboriginal place or an Aboriginal object.

    (2)     The council may give any of the following people a written direction (a  heritage direction ) to do or not do something to conserve the place or object:

        (a)     the owner or occupier of the place;

        (b)     the owner of the object;

        (c)     a person whose work affects the place or object.

Examples—heritage directions

1     to do essential maintenance on a place

2     not to adversely affect a significant feature of a heritage place

3     not to undertake a development affecting the heritage significance of a place

Examples—person whose work affects a place or object

1     tradesperson providing trade services for the place or object

2     developer of the place or object

3     building certifier for the place

Note 1     The power to make a statutory instrument (including a heritage direction) includes power to amend or repeal the instrument (see Legislation Act

, s 46).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     A heritage direction may be given only if the council is satisfied on reasonable grounds that—

        (a)     immediate protection of the place or object is justified because a serious and imminent threat exists that would harmfully affect—

              (i)     for a place or object with heritage significance—the heritage significance of the place or object; or

              (ii)     an Aboriginal place or Aboriginal object; and

        (b)     if heritage guidelines apply to the place or object—the direction complies with the guideline.

    (4)     A heritage direction must state the period for which it is in force.

    (5)     To remove any doubt, a heritage direction may be given for a place or object whether or not the place or object is registered.

63     Service of heritage direction

A heritage direction may be given to a person mentioned in section 62 (2) by leaving it secured in a conspicuous position at the place or object to which it relates.

Note     For how directions may be served generally, see the Legislation Act

, pt 19.5.