The State Heritage Council can protect a property if it considers that a place has sufficient heritage value to justify its preservation or that a place should be evaluated to determine whether its heritage value justifies its preservation. If necessary, the Council can make an order stopping any work to a place or prohibiting the commencement of any work that might reduce or destroy the heritage value of the place. A stop order can be used to delay a proposal to demolish a building with heritage value pending the authority's evaluation of the matter. A stop order only lasts for twelve working days after it has been served unless, within that time, the Council applies to the Environment Resources and Development Court to have the order confirmed. When making a stop order the Council must also provisionally enter the place in the Heritage Register (see Entry onto the State Heritage Register). A person who disobeys a stop order may be fined up to $120 000 [Heritage Places Act 1993 (SA) s 30].
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.