Heritage (Infringement Notice) Regulations 2002

i Heritage (Infringement Notice) Regulations 2002 S.R. No. 28/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 2 5. Prescribed offences 2 6. Prescribed penalties 2 7. Prescribed particulars of an infringement notice 2 8. Payment of penalty 3 __________________ SCHEDULE—Heritage infringements 4 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2002 S.R. No. 28/2002 Heritage Act 1995 Heritage (Infringement Notice) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 16 April 2002 Responsible Minister: MARY DELAHUNTY Minister for Planning HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe— (a) the offences against the Heritage Act 1995 or the regulations made under that Act for which an infringement notice may be served; (b) penalties for those prescribed offences; (c) particulars to be included in an infringement notice; (d) the method of payment of a penalty. 2. Authorising provisions These Regulations are made under section 185 of the Heritage Act 1995. 3. Commencement These Regulations come into operation on 18 April 2002. -- 2 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 2 4. Definitions In these Regulations— "specified protected zone" means a protected zone listed in Schedule 1 to the Heritage (Historic Shipwrecks) (General) Regulations 19961 ; "the Act" means the Heritage Act 1995; "the Shipwrecks Regulations" means the Heritage (Historic Shipwrecks) (General) Regulations 1996 1 . 5. Prescribed offences (1) For the purposes of Division 4 of Part 8 of the Act, the prescribed offences are the offences set out in Column 2 of the Schedule. (2) A summary of an offence in Column 4 of the Schedule is not to be taken to affect— (a) the nature of the elements of the offence to which the summary refers; or (b) the operation of these Regulations. 6. Prescribed penalties For the purposes of Division 4 of Part 8 of the Act, the penalty prescribed for a prescribed offence is the amount specified opposite that prescribed offence in Column 3 of the Schedule. 7. Prescribed particulars of an infringement notice In addition to the particulars set out in section 169(2) of the Act, for the purposes of section 169(2)(e) of the Act, the prescribed particulars that an infringement notice must contain are— (a) a reference to the fact that it is an infringement notice; and (b) the date on which the notice was issued; and r. 4 -- 3 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 3 (c) the identifying number of the notice; and (d) the name and address of the person alleged to have committed the offence; and (e) the date and approximate time and location of the commission of the alleged offence; and (f) a statement to the effect that if the amount of the penalty is paid within the period specified in the notice as the time for payment of the penalty, the matter will not be brought before a court unless, before the end of that period the alleged offender is served with notice that the infringement notice has been withdrawn; and (g) the name or location of the place or object as applicable; and (h) the name, signature and identification number of the inspector. 8. Payment of penalty For the purposes of section 172(4) of the Act, payment of the prescribed penalty is to be made— (a) if paying in person, at the address specified in the infringement notice for payment of the penalty in person; or (b) if paying by post, by sending a cheque or money order for the penalty amount to the address specified in the infringement notice for payment of the penalty by post. __________________ r. 8 -- 4 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 4 SCHEDULE Regulations 5 and 6 HERITAGE INFRINGEMENTS Column 1 Code Column 2 Prescribed offence Column 3 Prescribed penalty Column 4 Summary of offence 1. An offence under section 36(13) of the Act constituted by a failure to comply with section 36(3) of the Act within the time limits set out in section 36(4) of the Act and in accordance with section 36(12) of the Act. $400.00 As the owner of a place or object who has been given a statement under section 34 or 34A of the Act, fail to notify the Executive Director in writing within 10 days after that statement is given of— (a) any works that are being carried out in relation to the place or object at the time the statement is given; and (b) any application for a planning permit or a building permit or for an amendment to a planning permit that has been made in relation to the place, but not determined at the time the statement is given; and (c) any other activities that are being carried out or are proposed to be carried out in relation to the place or object at the time the statement is given. Sch. -- 5 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 5 Column 1 Code Column 2 Prescribed offence Column 3 Prescribed penalty Column 4 Summary of offence 2. An offence under section 36(13) of the Act constituted by a failure to comply with section 36(9) of the Act within the time limits set out in section 36(10) of the Act and in accordance with section 36(12) of the Act. $400.00 As the owner of a place or object who has been given a statement under section 34 or 34A of the Act, fail to advise the Executive Director in writing of any proposal to dispose of the whole or any part of the place or object before the Heritage Council makes a decision on the place or object at least 10 days before entering into a contract for that disposal. 3. An offence under section 36(13) of the Act constituted by a failure to comply with section 36(11) of the Act. $400.00 As the owner of a place or object who has been given a statement under section 34 or 34A of the Act, fail to provide a purchaser of the whole or part of the place or object with a copy of that statement before entering into a contract for the disposal of the whole or part of that place or object before the Heritage Council makes a decision on the place or object. 4. An offence under regulation 6(1)(a) of the Shipwrecks Regulations. $200.00 Enter into a protected zone (other than a specified protected zone) without a permit. 5. An offence under regulation 6(1)(b) of the Shipwrecks Regulations. $200.00 Moor or use a ship within a protected zone (other than a specified protected zone) without a permit. Sch. -- 6 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 6 Column 1 Code Column 2 Prescribed offence Column 3 Prescribed penalty Column 4 Summary of offence 6. An offence under regulation 6(1)(c) of the Shipwrecks Regulations. $200.00 Trawl, fish, dive or undertake any other underwater activity within a protected zone (other than a specified protected zone) without a permit. ═══════════════ Sch. -- 7 of 8 -- S.R. No. 28/2002 Heritage (Infringement Notice) Regulations 2002 7 ENDNOTES 1 Reg. 4: S.R. No. 87/1996. Endnotes -- 8 of 8 --