Division 1147 Value of land compulsorily acquired
(1) Where land the subject of an interim heritage order or listing on the State Heritage Register is:(a) resumed or appropriated under this Act, or(b) resumed or appropriated under any other Act for a public purpose,the value of that land shall be determined as if that land were not the subject of that interim heritage order or listing on the State Heritage Register.(2) (Repealed)
(1) Subject to subsection (2) the Minister may authorise a person to carry out inspections, for the purposes of this Act, of buildings, works, relics, moveable objects and places and a person so authorised shall be provided by the Minister with a certificate of his or her authority in the prescribed form.(2) Where a person authorised under subsection (1) believes on reasonable grounds that a building, work, relic, moveable object or place, is or contains an item of the environmental heritage, the person may:(a) at any reasonable time after giving reasonable notice of his or her intention to do so to the person apparently in charge of or having the custody of that building, work, relic, moveable object or place, or(b) at any time with the consent of the person referred to in paragraph (a),carry out an inspection of that building, work, relic, moveable object or place.(3) A person authorised under subsection (1), in exercising his or her functions under this section in respect of a building, work, relic, moveable object or place, shall, if so required by a person apparently in charge of that building, work, relic, moveable object or place, produce the certificate of his or her authority to that person.
149 Obstruction of authorised person
A person shall not obstruct, hinder, prevent or interfere with a person authorised under section 148 (1) in the exercise of his or her functions under section 148.
(1) Where under this Act any notice or other document is required to be given to or served upon any person, the notice or other document may be given or served:(a) in the case of an individual:(i) by delivering it to the person, or(ii) by sending it by prepaid post addressed to the person at the address, if any, specified by the person for the giving of notices or service of documents under this Act, or, where no such address is specified, at his or her usual or last known place of abode or his or her last known place of business, or(b) in the case of a person not being an individual:(i) by leaving it at that person’s place of business, or, if that person is a corporation, at the registered office of that corporation, with a person apparently not less than 16 years of age and apparently in the service of the person to whom the notice or other document is required to be given or on whom the notice or other document is required to be served, or(ii) by sending it by prepaid post addressed to that person at the address, if any, specified by that person for the giving of notices or service of documents under this Act, or, where no such address is specified, at that person’s last known place of business.(2) A notice or other document shall, in respect of a notice or other document sent by prepaid post in accordance with subsection (1) (a) (ii) or (b) (ii), be deemed to have been given or served at the time at which the notice or other document would be delivered in the ordinary course of post.(3) A notice or other document required to be given to or served upon any person by the Heritage Council may be given or served by the Secretary of the Heritage Council.(4) A notice or other document required to be given to or served upon the Heritage Council may be given to or served upon the Secretary of the Heritage Council.
(1) A document purporting to be an interim heritage order is admissible in evidence in any legal proceedings and is prima facie evidence of the due making of that order and the contents thereof if it purports to be printed by the Government Printer or by the authority of the Government.(1A) The Heritage Council may issue a certificate certifying that a particular item or particular land is or is not the subject of a listing on the State Heritage Register, or was or was not the subject of a listing on the State Heritage Register on a particular date or during a particular period. Such a certificate is prima facie evidence of the matters certified. A certificate purporting to have been issued by the Heritage Council under this section is presumed, unless the contrary is established, to have been so issued.(2) A document purporting to be a copy or extract of any document, map or plan embodied, incorporated or referred to in an interim heritage order or a listing on the State Heritage Register is admissible in evidence in any legal proceedings if:(a) it purports to be printed by the Government Printer or by the authority of the Government, or(b) it purports to be certified, where the original document, map or plan is in the custody of the Department of Planning, under the hand of an officer of that Department.(3) Where the original document, map or plan is in the custody of the Department of Planning, the Department of Planning shall furnish the certified copy or extract to the person applying for it upon payment of such fee as is determined by the Department of Planning.(4) For the purposes of this section, a copy or extract of a map or plan may be to the same scale as the original or may be an enlarged or reduced copy.