HomeBillsBill 47

📜 Heritage Bill 2017

Assented toLABill 478 November 2017

The Heritage Bill 2017 repeals and replaces the Heritage of Western Australia Act 1990. It aims to modernise heritage recognition and management, promote conservation, and streamline processes.

Impact

Owners of heritage-listed properties, developers, local councils, and the broader community will be affected. The bill aims for a more efficient and transparent heritage management system.

Key Changes

["Repeals the Heritage of Western Australia Act 1990", "Establishes a new framework for identifying and managing cultural heritage", "Promotes consultation and negotiation in heritage management"]

Parliamentary Progress

  1. LA IntroducedLA8 Nov 2017
  2. LA Second Reading MovedLA8 Nov 2017
  3. LA Second Reading AgreedLA8 May 2018
  4. LA Consideration in DetailLA10 May 2018
  5. LA Third ReadingLA26 June 2018
  6. LC Second Reading MovedLC27 June 2018
  7. LC Third ReadingLC11 Sept 2018
  8. LC Second Reading AgreedLC11 Sept 2018
  9. LC AmendedLC12 Sept 2018
  10. Royal Assent18 Sept 2018
Affected Sectors
planninglocal_governmentenvironmentconstructionmining

Penalty Provisions9 found

💰 Max fine: $1,000,000🔒 Max imprisonment: 2 yearscriminal
s. 127Criminalfine

Obstructing performance of functions

Fine: $25,000

127. Obstructing performance of functions A person must not obstruct an inspector or any other person in the performance of functions under this Act. Penalty: a fine of $25 000.

s. 128Criminalfine

Impersonation of an inspector

Fine: $25,000

128. Impersonation A person must not impersonate an inspector. Penalty: a fine of $25 000.

s. 129(1)Criminalfine

Damaging a registered place without a permit or authorisation

Fine: $500,000

129. Damaging registered place (1) A person must not, without a permit under section 79 or other authorisation under this Act, demolish, damage, deface or otherwise harm a registered place. Penalty: a fine of $500 000.

s. 129(2)Criminalboth

Damaging a registered place without a permit or authorisation, if the person knew or ought to have known it was a registered place

Fine: $1,000,000Imprisonment: 2 years

(2) A person who commits an offence under subsection (1) knowing, or when the person ought reasonably to have known, that the place is a registered place is liable to a penalty of a fine of $1 000 000 or imprisonment for 2 years, or both.

s. 130(1)Criminalfine

Contravention of a protection order

Fine: $500,000

130. Contravention of protection order (1) A person must not contravene a protection order. Penalty: a fine of $500 000.

s. 130(2)Criminalboth

Contravention of a protection order, if the person knew or ought to have known of the order

Fine: $1,000,000Imprisonment: 2 years

(2) A person who commits an offence under subsection (1) knowing, or when the person ought reasonably to have known, that the protection order is in force is liable to a penalty of a fine of $1 000 000 or imprisonment for 2 years, or both.

s. 132Criminalfine

Contravention of a repair order

Fine: $250,000

132. Contravention of repair order A person must not contravene a repair order. Penalty: a fine of $250 000.

s. 140Criminalcontinuing

Continuing offence

Fine: $50,000

140. Continuing offence (1) If an offence under this Act is committed by a person by reason of the contravention of a provision of this Act or a requirement made under this Act, and the contravention is a continuing one, the person commits an additional offence for each day or part of a day during which the contravention continues after — (a) the person is convicted of the offence; or (b) the person is served with a notice by the Council or an inspector informing the person that the person is contravening the provision or requirement. (2) The penalty for an additional offence under subsection (1) is a fine of $50 000.

s. 159(1)Criminalfine

Disclosure of confidential information

Fine: $25,000

159. Confidentiality (1) A person who is or has been involved in the administration of this Act must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except — (a) for the purpose of, or in the course of, the performance of a function under this Act; or (b) as required or allowed by this Act or any other written law; or (c) for the purpose of any legal proceedings arising out of this Act; or (d) with the written consent of the person to whom the information relates. Penalty: a fine of $25 000.

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