QLDIn ForceAct
Queensland Heritage Act 1992
sec.164BRestoration orders
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### sec.164B Restoration orders
If a person is convicted of an offence, the court may order the person to make good, to the satisfaction of the Minister, any damage caused through the commission of the offence.
The order must state the period within which the person must comply with the order.
The order is in addition to the imposition of a penalty and any other order under this Act.
A person must not fail to comply with an order under this section.
Maximum penalty—17,000 penalty units.
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.
If a person fails to comply with the order, the Minister may cause the necessary work to be carried out and recover the cost of doing so, as a debt, from the person in default.
This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.
In this section—
offence means—
an offence against this Act; or
an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.
s 164B (prev s 169) amd 2007 No. 50 s 40 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 142 sch ; 2013 No. 51 s 229 sch 1 ; 2014 No. 61 s 73 (1) – (3)
renum and reloc 2014 No. 61 s 73 (4)
amd 2016 No. 27 s 390
(sec.164B-ssec.1) If a person is convicted of an offence, the court may order the person to make good, to the satisfaction of the Minister, any damage caused through the commission of the offence.
(sec.164B-ssec.2) The order must state the period within which the person must comply with the order.
(sec.164B-ssec.3) The order is in addition to the imposition of a penalty and any other order under this Act.
(sec.164B-ssec.4) A person must not fail to comply with an order under this section. Maximum penalty—17,000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 160A , to have also committed the offence.
(sec.164B-ssec.5) If a person fails to comply with the order, the Minister may cause the necessary work to be carried out and recover the cost of doing so, as a debt, from the person in default.
(sec.164B-ssec.6) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.
(sec.164B-ssec.7) In this section— offence means— an offence against this Act; or an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.
- (a) an offence against this Act; or
- (b) an offence against the Planning Act , section 163 (1) or 164 in relation to development on a Queensland heritage place.