Search Listing Details

Interest
Heritage Council - Protection Orders
Responsible agency
Department of Planning, Lands and Heritage
Summary

Protection Orders provide special protection to Western Australian places of cultural heritage significance from the likelihood of damage.

Description

Protection Orders provide special protection to Western Australian places of cultural heritage significance from the likelihood of damage. Protection Orders are put in place by the Minister for Heritage on the advice of the Heritage Council of Western Australia and may prohibit certain activities.

There are three types of Protection Orders:

  • A Consent Order - where the owner agrees to an order being put in place
  • A Stop Work Order - to provide immediate protection and stop work continuing
  • A Continuing Protection Order - where a threat is not imminent or ongoing protection is required

Protection Orders cease to have effect when the Minister for Heritage or the State Administrative Tribunal revokes the order. Specific to each type of Order, the following apply:

  • For a Consent Order - on the expiry date, if specified in the order.
  • For a Stop Work Order - on the expiry of 60 days from the making of the order.
  • For a Continuing Protection Order - on the expiry date, if specified in the order. Generally, Continuing Protection Orders have effect in perpetuity.

A Protection order may prohibit (among other things):

  • The entry of persons on to the place, other than entry by an owner or authorised occupier;
  • Any activity which is likely to affect the cultural heritage characteristics or conservation of the place; or
  • The demolition, damage or alteration of the place or any portion of the place.

A person contravening a Protection Order commits an offence and is liable to a maximum penalty of $1,000,000 and imprisonment for one year, and a daily penalty of $50,000.

For more information contact the Department of Planning, Lands and Heritage on (08) 6551 8002 (in regional areas Freecall 1800 52 4000) or at info@dplh.wa.gov.au, or see www.stateheritage.wa.gov.au.

Legislation
Date updated
16/10/2019 09:41:16