35Heritage works require heritage approval

35 Heritage works require heritage approval

[Section 35 Substituted by No. 70 of 2013, s. 22, Applied:01 Mar 2014]

(1)  A person must not carry out any heritage works unless those heritage works have heritage approval.

Penalty:  Fine not exceeding –

(a) 10 000 penalty units for a body corporate; or

(b) 5 000 penalty units for an individual.

(2)  For the purposes of subsection (1) , heritage works are taken to have heritage approval if, and only if –

(a) [Section 35 Subsection (2) amended by No. 25 of 2024, s. 12, Applied:01 Jan 2025] in a case where a minor works approval has been issued, the heritage works are carried out in accordance with –

(i) [Section 35 Subsection (2) amended by No. 25 of 2024, s. 12, Applied:01 Jan 2025] that minor works approval; and

(ii) [Section 35 Subsection (2) amended by No. 21 of 2020, s. 46, Applied:28 Oct 2020] [Section 35 Subsection (2) amended by No. 21 of 2020, s. 46, Applied:28 Oct 2020] if a discretionary permit, major project permit or other permit is required for the heritage works under the Planning Act, that discretionary permit, major project permit or other permit; or

(b) [Section 35 Subsection (2) amended by No. 36 of 2019, s. 6, Applied:08 Oct 2019] [Section 35 Subsection (2) amended by No. 21 of 2020, s. 46, Applied:28 Oct 2020] [Section 35 Subsection (2) amended by No. 25 of 2024, s. 12, Applied:01 Jan 2025] in a case where a minor works approval has not been issued, the heritage works are carried out in accordance with a discretionary permit, major project permit or a combined permit.