241Preservation orders

241 Preservation orders

(1)  A council, on the recommendation of the National Trust of Australia (Tasmania) may by order –

(a) prohibit the demolition of a building that is by itself or with others of historical or architectural interest or of special beauty; and

(b) prohibit the alteration of or adding to the building except as the council may approve; and

(c) require the owner to keep the building in good and tenantable repair.

(2)  A preservation order under this section may –

(a) extend to the grounds of the building; and

(b) prohibit the destruction of specified vegetation and the alteration of the appearance of the grounds.

(3)  A person must not execute or cause to be executed any works for the demolition or alteration of the building or for an addition to the building in contravention of a preservation order.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months or both.

(4)  A person must not execute or cause to be executed any works authorized by a preservation order for the alteration of, or addition to, the building to which the order relates otherwise than as approved by the council in the order.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months or both.

(5)  In proceedings for an offence under this section, it is a defence to prove that –

(a) the works were urgently required in the interests of safety or health, or for the preservation of the building; and

(b) the notice in writing of the need for the works was given to the council as soon as reasonably practicable.

(6)  In determining the amount of any penalty to be imposed on a person convicted of an offence, the court is to have regard to any financial benefit that has accrued or appears likely to accrue to the person in consequence of the commission of the offence.