Question details
Question on Notice
(1) How many times has Heritage Victoria prosecuted property developers for failing to adhere to various orders, such as make safe or repair orders, in the last five years and what have been the outcomes of these cases.
(2) What factors does Heritage Victoria consider in deciding whether to prosecute a developer for failing to adhere to an order.
I thank the Member for Brunswick for his question.
The Heritage Act 2017 includes enforcement provisions to prevent or remedy actions that could harm state listed heritage places and objects.
Any decision to pursue prosecution for a breach of the Heritage Act 2017 is made in line with the Policy of the Director of Public Prosecutions of Victoria, which stipulates that a prosecution may only proceed if there is a reasonable prospect of conviction and if it is deemed to be in the public interest.
Heritage Victoria considers a range of factors when determining how it will prioritise enforcement matters including the degree of harm to the place or object, the urgency of remediation works and whether there are any public realm issues.
Between 1 July 2020 and 30 June 2024, 20 notices to show cause, five repair orders, seven rectification orders and 12 stop orders were issued by Heritage Victoria. While some of these remain ongoing, the serving of these orders and notices has led to repair works being carried out on heritage places that may not have otherwise occurred.
Hon Sonya Kilkenny MP
Minister for Planning
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