Heritage Infringement Notices 2017-18 Amounts
Heritage Infringement Notices
Amounts for 2017-18
The value of a penalty unit, for 2017-18, as announced by the Treasurer, is $158.57.
The value of a penalty unit is set each year in accordance with section 6 of the Monetary Units Act 2004. The amount can be obtained from the website of the Department of Treasury and Finance.
Heritage Infringement Notices
Heritage offences that can be dealt with by an infringement notice
A heritage infringement notice offers an alternative, straightforward and expeditious method for dealing with certain minor offences under the Heritage Act 1995 and the Heritage (Historic Shipwrecks) Regulations 2007. The infringements system also provides the person who has committed the offence with the means to expiate the offence (i.e. make amends) without a conviction.
The following offences under the Heritage Act 1995 (Heritage Act) or the Heritage (Historic Shipwrecks) Regulations 2007 (Heritage Shipwreck Regulations) can be dealt with by way of a heritage infringement notice:
Section / Description / Penalty / 2017-18$ amount
Section 36(13) & 36(3)(a) &(b) Heritage Act / An offence against section 36(13) of the Heritage Act constituted by a failure to comply with section 36(3)(a) of the Act (advise of any works being carried out in relation to place/object) or 36(3)(b) of the Act (advise of any application for a planning or building permit or amendment to planning permit, made but not determined at time statement is given to owner) within the time limits set out in section 36(4) of the Act and in accordance with section 36(12) of the Act.
- Obligation of owner when place/object recommended for inclusion in the Victorian Heritage Register / In the case of a natural person 4 penalty units.
In the case of a body corporate 8 penalty units. / $634.28
$1,268.56
Section 36(13),(9) & (10) Heritage Act / An offence against section 36(13) of the Act constituted by a failure to comply with section 36(9) of the Act (proposal to dispose of whole or part of place/object) within the time limits set out in section 36(10) of the Act and in accordance with section 36(12) of the Act.
- Obligation of owner when place/object recommended for inclusion in the Victorian Heritage Register / In the case of a natural person 4 penalty units.
In the case of a body corporate 8 penalty units. / $634.28
$1,268.56
Section 36(13) & (11) Heritage Act / An offence against section 36(13) of the Act constituted by a failure to comply with section 36(11) of the Act (provide a copy of section 34 or 34A statement before entering contract for disposal of whole or part of place/object).
- Obligation of owner when place/object recommended for inclusion in the Victorian Heritage Register / In the case of a natural person 4 penalty units.
In the case of a body corporate 8 penalty units. / $634.28
$1,268.56
Section 74(A)
Heritage Act / An offence against section 74(A) of the Act constituted by a failure to comply with terms and conditions of a permit issued under section 74 of the Act for works and activities / In the case of a natural person 4 penalty units.
In the case of a body corporate 10 penalty units. / $634.28
$1,585.70
Regulation 6(a) Heritage Shipwreck Regulations / An offence against regulation 6(a) of the Shipwrecks Regulations (entering a protected zone). / 2 penalty units. / $317.14
Regulation 6(b) Heritage Shipwreck Regulations / An offence against regulation 6(b) of the Shipwrecks Regulations (moor or use ship within a protected zone). / 2 penalty units. / $317.14
Regulation 6(c) Heritage Shipwreck Regulations / An offence against regulation 6(c) of the Shipwrecks Regulations (trawl, fish or dive or undertake any other underwater activity within a protected zone). / 2 penalty units. / $317.14
What happens when a heritage infringement notice is served?
A person served with a heritage infringement notice has the following options:
- choose to pay the penalty in full by the due date
- apply for an extension of time to pay the penalty
- apply to pay by instalments
- apply to have the decision to serve the infringement notice internally reviewed by the responsible authority (refer s.22 Infringements Act and r.8 (m) Infringements (Reporting and Prescribed Details and Forms) Regulations)
- elect to have the matter of the infringement notice offence heard and determined in the Magistrates’ Court (Refer s.16 Infringements Act).
The failure to pay the infringement penalty by the date specified in the infringement notice may result in further enforcement action being taken (including issue of an infringement warrant) and the incurring of further costs.
Further information
For more information on the infringement notice process refer to the Infringements Act 2006, the Infringements (Reporting and Prescribed Details and Forms) Regulations 2006 and the Victorian Department of Justice website.
For further information please contact Compliance and Enforcement, Statutory Planning and Heritage on (03) 9208 3555 or email:
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