Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 71

After Division 3 of Part 6 of the Aboriginal Heritage Act 2006 insert —

" Division 4—Improvement notices

        95D     Improvement notices

    (1)     This Division applies if an authorised officer or an Aboriginal heritage officer believes on reasonable grounds that the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit has contravened this Act and that the contravention is likely to be repeated.

    (2)     The authorised officer or the Aboriginal heritage officer may serve on the sponsor or holder an improvement notice requiring the sponsor or holder to remedy the contravention or likely contravention, or the matters or acts causing the contravention or likely contravention.

    (3)     An improvement notice must—

        (a)     state the basis for the authorised officer's or Aboriginal heritage officer's service of the notice; and

        (b)     specify the provision of the Act in respect of which that belief is held; and

        (c)     specify a date within which the sponsor or holder is required to remedy the contravention or likely contravention or the matters or acts causing the contravention or likely contravention; and

        (d)     set out the penalty for contravening the notice.

    (4)     An improvement notice may include directions concerning the measures to be taken to remedy the contravention or likely contravention or the matters or acts causing the contravention or likely contravention to which the notice relates.

        95E     Proceedings for offences not affected by improvement notices

The service of an improvement notice does not affect any proceedings for an offence against this Act in connection with any matter in respect of which the improvement notice was served.

        95F     Offence to fail to comply with improvement notice

    (1)     The sponsor of a cultural heritage management plan or the holder of a cultural heritage permit issued with an improvement notice must not engage in any conduct that the sponsor or holder knows is conduct that contravenes the improvement notice.

Penalty:     In the case of a natural person, 500 penalty units;

    In the case of a body corporate, 2500 penalty units.

Note

Section 187A applies to an offence against this subsection.

    (2)     An offence under this section is an indictable offence.

Note

The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.

        95G     Amendment of improvement notices

    (1)     An authorised officer or an Aboriginal heritage officer who serves an improvement notice on the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit may amend the improvement notice by serving on the sponsor or holder a notice setting out the terms of the amendment.

    (2)     A notice of an amendment of an improvement notice must—

        (a)     state the name of the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit or holder on whom the notice is served; and

        (b)     state the reasons for the amendment; and

        (c)     state that it is served under this section.

        95H     Cancellation of improvement notices

    (1)     An authorised officer or an Aboriginal heritage officer who serves an improvement notice on the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit may cancel the improvement notice.

    (2)     Notice of cancellation of an improvement notice must be served on the sponsor or holder affected.".