Enforcement policy

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 :

Enforcement policy (DOC, 124.0 KB)

This policy is being reviewed to ensure consistency with the Heritage Act 2017.

Infringement notices

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

Section/ Regulation DescriptionPenalty
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

A person carrying out works or activities for which a permit is issued under section 102 must ensure that the works or activities comply with the permit and any terms and conditions of the permit.

In the case of a natural person 10 penalty units. In the case of a body corporate 208 penalty units.
Regulation 31

Relevant survey reports

(1) If a person undertakes a survey of land for the relevant survey purpose of finding an archaeological site and that survey does not reveal an archaeological site, the person must notify the Executive Director and provide a copy of the survey report within 12 months of completing the survey.

(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

Section/regulationDescriptionPenalty
8

Activities prohibited within protected zones—entry

A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, enter a protected zone.

3 penalty units
9

Activities prohibited within protected zones—mooring A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, moor, park or use a ship or other vehicle within a protected zone.

3 penalty units
10

Activities prohibited within protected zones—trawling, fishing or diving A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, trawl, fish or dive or undertake any other underwater activity within a protected zone.

6 penalty units
11

Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone equipment constructed for the purpose of diving, salvage or recovery operations, whether on land or on or under water.

10 penalty units
13

Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.

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 2017/2018 the value of one penalty unit is $158.57

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.

More information

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