53Enforcement order

53 Enforcement order

(1)  Any party to a heritage agreement may apply to the Appeal Tribunal for an enforcement order if –

(a) any person fails to comply with, or contravenes, any provision of the heritage agreement; or

(b) there are reasonable grounds for believing that any person may fail to comply with, or contravene, any provisions of the heritage agreement.

(2)  [Section 53 Subsection (2) amended by No. 70 of 2013, s. 26, Applied:01 Mar 2014] The Appeal Tribunal is to hear and determine the application as if it were an application for an order under section 64 of the Planning Act.

(3)  The Heritage Council –

(a) [Section 53 Subsection (3) amended by No. 70 of 2013, s. 26, Applied:01 Mar 2014] is to enter details of an enforcement order in the Heritage Register after the order is made; and

(b) may lodge a copy of the enforcement order with the Recorder of Titles as if –

(i) the Heritage Council were a judgment creditor; and

(ii) the order were a judgment.