Acts Online
GT Shield

National Heritage Resources Act, 1999 (ActNo. 25 of 1999)

Chapter II : Protection and Management of Heritage Resources

Part 3 : Management

45. Compulsory repair order

 

(1) When the heritage resources authority responsible for the protection of a heritage site considers that such site-
(a) has been allowed to fall into disrepair for the purpose of—
(i) effecting or enabling its destruction or demolition;
(ii) enabling the development of the designated land; or
(iii) enabling the development of any land adjoining the designated land; or
(b) is neglected to such an extent that it will lose its potential for conservation,

the heritage resources authority may serve on the owner an order to repair or maintain such site, to the satisfaction of the heritage resources authority, within a reasonable period of time as specified in the order: Provided that the heritage resources authority must specify only such work as, in its opinion, is necessary to prevent any further deterioration in the condition of the place.

 

(2) Subject to subsection (3), upon failure of the owner to comply with the terms of an order under subsection (1) within the specified time, the authority which served the order may itself take such steps as may be necessary for the repair or maintenance thereof and recover the costs from the owner.

 

(3) If the owner can show good cause, he or she may, within 21 days of the service of a repair order under subsection (1)—
(a) apply to the heritage resources authority which served the repair order for the extension of the time specified in the order; or
(b) appeal to the Minister, in the manner prescribed under section 49.