sec.164CNon-development orders

### sec.164C Non-development orders This section applies if the owner of a Queensland heritage place is convicted of an offence involving the destruction of, or damage to, the place. The court may, on application by the prosecution, make an order prohibiting the carrying out of development on the place for the period of not more than 10 years stated in the order. The order is in addition to the imposition of a penalty and any other order under this Act. The registrar of the court must give a copy of an order under this section to the registrar of titles. The registrar of titles must keep records that show the land is subject to the order. The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the order. An order under this section— attaches to the land; and binds the owner, the owner’s successors in title and any occupier of the land. A person must not contravene 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. 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 164C ins 2014 No. 61 s 71 amd 2016 No. 27 s 391 (sec.164C-ssec.1) This section applies if the owner of a Queensland heritage place is convicted of an offence involving the destruction of, or damage to, the place. (sec.164C-ssec.2) The court may, on application by the prosecution, make an order prohibiting the carrying out of development on the place for the period of not more than 10 years stated in the order. (sec.164C-ssec.3) The order is in addition to the imposition of a penalty and any other order under this Act. (sec.164C-ssec.4) The registrar of the court must give a copy of an order under this section to the registrar of titles. (sec.164C-ssec.5) The registrar of titles must keep records that show the land is subject to the order. (sec.164C-ssec.6) The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the order. (sec.164C-ssec.7) An order under this section— attaches to the land; and binds the owner, the owner’s successors in title and any occupier of the land. (sec.164C-ssec.8) A person must not contravene 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.164C-ssec.9) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law. (sec.164C-ssec.10) 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) attaches to the land; and - (b) binds the owner, the owner’s successors in title and any occupier of the land. - (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.