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Section 39

Inspection of heritage site

of National Heritage Act 2005

ActIn forceProvision 39 of 126
Section 39

(1)

The owner or occupier of a heritage site situated on an alienated land shall permit the Commissioner or any authorized officer to enter upon the site to inspect, survey, investigate or to carry out any work necessary for the conservation, repair, maintenance and cleanliness as is deemed expedient or necessary.

(2)

The owner or occupier shall be given a notice in writing of not less than seven days of any proposed entry.

(3)

Where any person objects to such entry under subsection (1)

on conscientious or religious grounds, such entry shall not be effected except with the permission in writing of the State Authority where the heritage site is situated.

(4)

The owner or occupier shall be entitled to claim compensation for any loss or damage suffered or alleged to have been suffered by him by reason of such entry under subsection (1).

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(5)

Any dispute as to the amount of compensation shall be referred to the Minister whose decision shall be final.