128FApplication of Heritage Act

128F Application of Heritage Act S. 128F(1) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(b)), 7/2017 s. 297(1). (1) The Minister administering the **Heritage Act 2017**, by Order published in the Government Gazette, may exempt any registered place within the meaning of that Act or other building or land in the Melbourne Casino area from the operation of that Act. S. 128F(2) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(c)(i)(ii)), 7/2017 s. 297(2). (2) On the making of an Order under subsection (1), the **Heritage Act 2017** ceases to apply to the place, building or land in respect of which the Order is made and any registered place ceases to be registered under that Act. (3) An Order under subsection (1) may be made subject to any conditions specified in the Order including— S. 128F(3)(a) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)), 7/2017 s. 297(3). (a) a condition requiring specified things to be done to the satisfaction of the Minister administering the **Heritage Act 2017**; and (b) a condition providing that any use or development of land is conditional on an agreement being entered into with that Minister. (4) Any person who fails to comply with a condition of an Order or an agreement made under an Order is guilty of an offence and liable to a penalty of up to 1500 penalty units or 2 years imprisonment. (5) The Minister may revoke or amend an Order made under subsection (1). (6) On the revocation of an Order made under subsection (1)— S. 128F(6)(a) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 2.1(a)(d)(i)), 7/2017 s. 297(4). (a) the **Heritage Act 2017** again applies to any place, building or land affected by the Order; and S. 128F(6)(b) amended by No. 93/1995 s. 218(1) (Sch. 2 item 2.1(d)(ii)). (b) in the case of any place affected by the Order which was previously registered under that Act, that Act applies as if that place had not been registered. S. 128G inserted by No. 34/1993 s. 4.