National Heritage Act 2005 · Updated to 1 Jun 2006 · Chapter 4
41. Monument Preservation Order
Feedback & supportWhere the Commissioner, with the concurrence of the
Commissioner
“Commissioner” means the Commissioner of Heritage appointed under section 4;
State Authority, is satisfied that any monument regarded as suitable to be registered as a heritage site is in dilapidation or in imminent danger of demolition, destruction, damage or alteration, the
monument
“monument” means architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;
Commissioner shall serve on the owner of the monument a Monument
owner
“owner”, in relation to any land, means the registered owner or the holder by customary tenure of the land; National Heritage 15
Preservation Order pending approval of its registration.
preservation
“preservation” means aiming to halt further deterioration, decay or a state of dilapidation and providing structural safety and well being but does not contemplate significant rebuilding and includes— (a) techniques of arresting or slowing the process of deterioration, decay or state of dilapidation of an item or structure; (b) improvement of structural conditions to make a structure safe, habitable, or otherwise useful; and (c) normal maintenance and minor repairs that do not change or adversely affect the fabric or historic appearance of a structure;
The Monument Preservation Order shall contain such conditions as may be specified.
A Monument Preservation Order shall come into operation as soon as it is served on the owner of the monument.
A Monument Preservation Order shall remain in operation for a period of ninety days from the date it is served and may be extended by the Commissioner for such period of time as he may think fit.
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National Heritage
“National Heritage” means any heritage site, heritage object, underwater cultural heritage or any living person declared as a National Heritage under section 67;
Notwithstanding subsection (4), the Monument Preservation
Order shall cease to be in force—
if the monument is designated as a heritage site; or
if the Commissioner has decided not to designate the monument as a heritage site.
Any person who contravenes the Monument Preservation
Order commits an offence.