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HISTORIC CULTURAL HERITAGE ACT 1995 - SECT 35

Heritage works require heritage approval

(1)  A person must not carry out any heritage works unless those heritage works have heritage approval.
Penalty:  Fine not exceeding –
(a) 10 000 penalty units for a body corporate; or
(b) 5 000 penalty units for an individual.
(2)  For the purposes of subsection (1) , heritage works are taken to have heritage approval if, and only if –
(a) in a case where a certificate of exemption has been issued, the heritage works are carried out in accordance with –
(i) that certificate of exemption; and
(ii) if a discretionary permit, major project permit or other permit is required for the heritage works under the Planning Act, that discretionary permit, major project permit or other permit; or
(b) in a case where a certificate of exemption has not been issued, the heritage works are carried out in accordance with a discretionary permit, major project permit or a combined permit.
(3)  It is a defence in proceedings for an offence under subsection (1) if the defendant establishes that –
(a) the heritage works were carried out in response to an emergency; and
(b) the heritage works were, both as to nature and extent, reasonably necessary for the purposes of responding to the emergency; and
(c) in the circumstances, it was not practicable to seek a certificate of exemption; and
(d) the defendant, before, while or as soon as practicable after carrying out the heritage works, notified the Heritage Council, in writing, of the emergency and the details of the heritage works.
(4)  Subsection (1) does not apply to –
(a) heritage works that solely involve forest practices, as defined in the Forest Practices Act 1985 , carried out under and in accordance with another law of the State; or
(b) heritage works that solely involve mining, as defined in the Mineral Resources Development Act 1995 , carried out under and in accordance with another law of the State; or
(c) heritage works to a registered place of worship that are required solely for liturgical purposes.
(5)  In this section –
emergency means an event that –
(a) endangers, destroys or threatens to endanger or destroy human life, property or the environment; or
(b) causes or threatens to cause injury to persons.



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