Part 3 Interim heritage orders for items of State or local heritage significance
24 Minister can make interim heritage orders for items of State or local heritage significance
(1) The Minister may make an interim heritage order for a place, building, work, relic, moveable object or precinct that the Minister considers may, on further inquiry or investigation, be found to be of State or local heritage significance.(2) The Heritage Council is to provide advice to the Minister on the making of interim heritage orders, either at the request of the Minister or on its own initiative.
25 Minister can authorise councils to make interim heritage orders for items of local heritage significance
(1) The Minister may, by order published in the Gazette, authorise a council to make interim heritage orders for items in the council’s area.(2) A council authorised under this section may make an interim heritage order for a place, building, work, relic, moveable object or precinct in the council’s area that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and that the council considers is being or is likely to be harmed.(3) An interim heritage order made by a council is of no effect in so far as it applies to any of the following items:(a) an item to which an interim heritage order made by the Minister applies,(b) an item listed on the State Heritage Register.(4) An authorisation under this section can be given subject to conditions and a council cannot act in contravention of the conditions of its authorisation.(5) The Minister may at any time by notice published in the Gazette withdraw a council’s authorisation or change the conditions of its authorisation. The withdrawal of a council’s authorisation does not of itself affect any interim heritage order made before the authorisation was withdrawn.
26 No notice required of intention to make interim heritage order
The Minister or a council is not required, before making an interim heritage order, to notify any person who will be affected by the order of the intention to make the order.
27 Application of interim heritage orders to curtilage and site
An interim heritage order made in respect of an item may be expressed to apply (and if so expressed does apply) to:(a) if the item is a building—the curtilage of that building or the site of that building, being the curtilage or site specified or described in the order, or(b) if the item is a work or a relic that is attached to or forms part of land—the site specified or described in the order for that work or relic.
28 Procedure for notifying interim heritage orders
(1) When an interim heritage order is made, the Minister (in the case of an order made by the Minister) or the council that made the order (in the case of an order made by a council) is to do or cause the following to be done:(a) the order is to be published in the Gazette,(b) as soon as possible after the order is published in the Gazette, notice of the making of the order is to be given to the Chairperson and to each person who appears to the Minister or the council to be an affected owner or occupier,(c) the notice to an affected owner or occupier is to include a statement as to the effect of the order and a statement of the reasons for the making of the order,(d) within 7 days after the order is published in the Gazette, notice of the making of the order is to be published in a newspaper circulating in the area in which the item is situated.(2) An interim heritage order is taken to have been published in the Gazette even if any map or plan referred to in the order is not published with it.(3) An interim heritage order is not invalid merely because of:(a) any failure to give notice of that order as required by this section, or(b) any failure to include in that notice a statement required by this section to be included in it, or(c) any error in or omission from such a statement included in the notice.
29 Commencement, duration and revocation of IHOs
(1) An interim heritage order takes effect on the date of publication of the order in the Gazette.(2) An interim heritage order remains in force for 12 months or such shorter period as may be specified in the order, unless it is revoked sooner.(3) The Minister may revoke an interim heritage order made by the Minister or by a council.(4) A council may revoke an interim heritage order that the council has made (but cannot revoke one made by the Minister or by another council).(5) When an interim heritage order is revoked, the Minister (in the case of an order revoked by the Minister) or the council that revoked the order (in the case of an order revoked by a council) is to do or cause the following to be done:(a) notice of the revocation of the order is to be published in the Gazette,(b) as soon as possible after the notice of revocation is published in the Gazette, notice of the revocation of the order is to be given to the Chairperson and to each person who appears to the Minister or the council to be an affected owner or occupier,(c) within 7 days after notice of the revocation of the order is published in the Gazette, notice of the revocation of the order is to be published in a newspaper circulating in the area in which the item is situated.(6) The listing of an item on the State Heritage Register revokes any interim heritage order in respect of that item.
30 Appeal against IHO made by council
(1) An affected owner or occupier may appeal to the Court against the making of an interim heritage order by a council.(2) The appeal must be made within 28 days after the interim heritage order takes effect.(3) The appeal does not stay an interim heritage order except to the extent that the Court may otherwise order.