Preservation of Monuments Act 2009 · 2020 Revised Edition · Part 4 · Provisions for Preservation of Monuments
13. Duty to maintain national monument
Feedback & supportIt is the duty of the owner and the occupier of any national monument to take all reasonable measures to ensure that the national monument is properly maintained at all times in accordance with any guidelines that may be issued by the Board.
occupier
“occupier”, in relation to any monument or land, means the person in occupation of, or having the charge, management or control of, the monument or land, whether on the person’s own account or as an agent of another person, but does not include a lodger;
The Board may by notice in writing (called a preservation notice) require the owner or occupier of a national monument to carry out, at his or her own expense and within the time specified in the notice, any works for the preservation, maintenance or repair of the national monument that may be specified in the notice.
Board
“Board” means the National Heritage Board established under the National Heritage Board Act 1993;
The owner or occupier of a national monument may, within 14 days of service on him or her of a preservation notice or within such longer period as the Minister may allow, appeal to the Minister against the requirements of the preservation notice and the Minister may —
national monument
“national monument” means any monument that is subject to a preservation order and includes any land containing or adjacent to such monument that is specified in the preservation order under section 11(3);
dismiss the appeal;
allow the appeal unconditionally; or
allow the appeal in whole or in part and subject to such conditions as the Minister considers fit,and may give any directions that the Minister thinks necessary to give effect to the Minister’s decision on the appeal.
The Minister’s decision under subsection (3) is final.
Subject to subsection (6), a preservation notice takes effect from the date specified in the preservation notice despite any appeal under subsection (3) that is pending.
preservation notice
“preservation notice” means a notice issued by the Board under section 13;
If the Minister is satisfied that the execution of the preservation notice may be delayed without resulting in any danger or damage to the national monument, the Minister may, subject to any conditions that the Minister thinks fit to impose on the appellant, direct that the preservation notice does not take effect until the determination or abandonment of the appeal.
Subject to any direction of the Minister under subsection (6), any person who fails to comply with the requirements of a preservation notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.