New South Wales Consolidated Acts
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HERITAGE ACT 1977 - SECT 120
Orders to remedy failure to maintain or repair
120 Orders to remedy failure to maintain or repair
(1) If the Heritage Council is satisfied that a building, work or relic listed
or within a precinct listed on the State Heritage Register is not being
maintained and repaired to standards that are at least the minimum standards
imposed by the regulations, the Heritage Council may give the owner of the
building, work or relic an order to do or refrain from doing such things as
are specified in the order so as to ensure that the building, work or relic is
maintained and repaired to those standards.
(2) Before such an order is
given, the procedures set out in this Division must be complied with.
Compliance with those procedures is taken to be compliance with the rules of
natural justice (the rules of procedural fairness).
(3) An order can be given
under this Division whether or not the owner of the building, work or relic
has been prosecuted for or convicted of an offence in respect of the failure
to maintain or repair concerned.
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