Heritage Victoria’s enforcement policy provides principles for fair, safe and equitable application of the law in the day to day dealings of inspectors (authorised persons) with the general public and others. The policy also outlines what information and choices you’ll receive from inspectors:
This policy is being reviewed to ensure consistency with the Heritage Act 2017.
A heritage infringement notice offers an alternative, straightforward and fast method for dealing with some minor offences under the Heritage Act 2017 and the Heritage (underwater Cultural Heritage) Regulations 2017. The infringements system also gives the person who committed the offence the opportunity to expiate the offence (make amends) without a conviction.
Infringement notice offences
The following offences can be managed with a heritage infringement notice:
Heritage Regulations 2017
|Heritage Act 2017 Section 89 (1)||A person must not remove, relocate or demolish, damage or despoil, develop or alter or excavate, all or any part of a registered place.||In the case of a natural person 10 penalty units. In the case of a body corporate 20 penalty units.|
|Heritage Act 2017 Section 89 (3)||A person must not disturb the position of an object that is a fixed registered object.||In the case of a natural person 10 penalty units. In the case of a body corporate 208 penalty units.|
|Heritage Act 2017 Section 104|
Non Compliance with permit:
|In the case of a natural person 10 penalty units. In the case of a body corporate 208 penalty units.|
Relevant survey reports:
(2) Subregulation (1) does not apply in relation to an archaeological site if the person did not know or could not reasonably have been expected to know that the archaeological site was an archaeological site.
|3 penalty units.|
Heritage (Underwater Cultural Heritage) Regulations 2017
Activities prohibited within protected zones—entry:
|3 penalty units|
Activities prohibited within protected zones—mooring:
|3 penalty units|
Activities prohibited within protected zones—trawling, fishing or diving:
|6 penalty units|
Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations:
|10 penalty units|
Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land:
|10 penalty units|
The value of a penalty unit for a financial year is fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004. For the financial year 2018/2019 the value of one penalty unit is $161.19.
Infringement notice options
If you’re served with a heritage infringement notice you have 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).
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.
Infringement notice process:
For more information, contact Compliance and Enforcement, Statutory Planning and Heritage on (03) 9938 6861 or Compliance.StatutoryPlanningHeritage@dtpli.vic.gov.au