Skip to content

Section 41

Monument Preservation Order

of National Heritage Act 2005

ActIn forceProvision 41 of 126
Section 41

(1)

Where the Commissioner, with the concurrence of the

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

Commissioner shall serve on the owner of the monument a Monument

Preservation Order pending approval of its registration.

(2)

The Monument Preservation Order shall contain such conditions as may be specified.

(3)

A Monument Preservation Order shall come into operation as soon as it is served on the owner of the monument.

(4)

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.

National Heritage 35

(5)

Notwithstanding subsection (4), the Monument Preservation

Order shall cease to be in force—

(a)

if the monument is designated as a heritage site; or

(b)

if the Commissioner has decided not to designate the monument as a heritage site.

(6)

Any person who contravenes the Monument Preservation

Order commits an offence.