Obligations of owners of places and objects

Penalties and infringement notices

If a person or organization fails to comply with the Heritage Act 2017, or conditions of an approval, they may be liable for penalties.

Types of penalties

There are different types of penalties that can be applied depending on the breach that has occurred. For example:

An authorised officer can issue an infringement notice
An enforcement order can be sought from the Minister
Prosecution may be pursued in the Magistrates’ Court
Prosecution may be pursued in the High Court
The Governor in Council may apply a 10 year stay on development of the place.

As well as monetary penalties, some Heritage Act offences are indictable offences. These are serious offences where the accused may be sentenced to a period of imprisonment.

Penalty units

The Heritage Regulations 2017 and Heritage (Underwater Cultural Heritage) Regulations set penalties in penalty units. A penalty unit value is adjusted each year by the Treasurer’s amount and is published in the Government Gazette. In 2022-23 one penalty unit is $197.59.

In the tables below, the penalty units have been converted to a dollar value on the basis of the value of a penalty unit as it is set for the 2022-23 financial year.

List of penalties

Obligations of owners

Owners of places and objects must comply with obligations of s 42 of Heritage Act 2017.

Section of the Act: 43

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Notice of intention to sell

Notice of intention to sell a registered place or registered object.

Section of the Act: 59

Penalty natural person: $11,855.40 (60 penalty units)

Penalty body corporate: $23,710.80 (120 penalty units)

Change of ownership

Change of owner of registered place or registered object.

Section of the Act: 60(1)

Penalty natural person: $11,855.40 (60 penalty units)

Penalty body corporate: $23,710.80 (120 penalty units)

Change of owner details

Change of details of owner of registered place or registered object.

Section of the Act: 60(2)

Penalty natural person: $11,855.40 (60 penalty units)

Penalty body corporate: $23,710.80 (120 penalty units)

Failure to display IPO notice - place

Display of an interim protection order in relation to a place in a conspicuous place.

Section of the Act: 147(1)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to display IPO notice - object

Display of an interim protection order in relation to an object in a conspicuous place.

Section of the Act: 147(2)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Interference with signs

Erection of notices (archaeological places and associated archaeological places).

Section of the Act: 64

Penalty natural person: $11,855.40 (60 penalty units)

Penalty body corporate: $23,710.80 (120 penalty units)

Interference with excavation

Power of Executive Director to direct excavation or examination of place (archaeological places and associated archaeological places).

Section of the Act: 67

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Archaeological site offence – knowingly or negligently

Offence to knowingly or negligently deface, damage or otherwise interfere with an historical archaeological site.

Section of the Act: 123(1)

Penalty natural person: $118,554.00 (600 penalty units) or imprisonment for 12 months or both

Penalty body corporate: $237,108.00 (1200 penalty units)

Archaeological site offence – knowingly disturb

Offence to knowingly uncover or expose, or knowingly disturb or excavate any land for the purposes of discovering an historical archaeological site.

Section of the Act: 123(2)

Penalty natural person: $118,554.00 (600 penalty units) or imprisonment for 12 months or both

Penalty body corporate: $237,108.00 (1200 penalty units)

Failure to comply with a consent

Non-compliance with a consent.

Section of the Act: 125

Penalty natural person: $47,421.60 (240 penalty unit)

Penalty body corporate: $94,843.20 (480 penalty units)

Failure to submit site card

Notification of discovery of an archaeological site within 30 days.

Section of the Act: 127(1)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to report archaeological discovery

Notification of discovery of an archaeological site in the course of construction or excavation as soon as practicable.

Section of the Act: 127(2)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Interference with protection of an archaeological artefact

Offence to remove, damage or interfere with an action to preserve an archaeological artefact.

Section of the Act: 128

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Trade or possession of archaeological artefacts

Offence to buy, sell or possess archaeological artefacts without consent.

Section of the Act: 129

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to comply with a request – archaeological artefacts

Compliance with a request regarding archaeological artefacts.

Section of the Act: 209(4)

Penalty natural person: $1,975.90 (10 penalty units)

Penalty body corporate: $3,951.80 (20 penalty units)

Notice of obtaining possession – shipwrecks and shipwreck artefacts

Notice of possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact within 7 days of possession.

Section of the Act: 70(1)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.600 (240 penalty units)

Notice of possession - registered shipwrecks and registered shipwreck artefacts

Notice of a registered shipwreck or registered shipwreck artefact’s location and description within 7 days of registration.

Section of the Act: 70(2)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Notice of possession - shipwrecks and shipwreck artefacts

Notice of an historic shipwreck or historic shipwreck artefact’s location and description within 7 days after the item becomes an historic shipwreck or historic shipwreck artefact.

Section of the Act: 70(3)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to provide information – shipwrecks and shipwreck artefacts

Powers to ascertain location of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts.

Section of the Act: 71

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to comply with direction to conserve or exhibit – shipwrecks and shipwreck artefacts

Directions powers in relation to custody of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts.

Section of the Act: 72

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Removal of shipwrecks and shipwreck artefacts from Victoria

Offence to remove registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts from the State.

Section of the Act: 73

Penalty natural person: $47,421.60 (240 penalty units)

Penalty body corporate: $94,843.20 (480 penalty units)

Shipwreck and shipwreck artefact offence – knowingly or recklessly

Offence to knowingly or recklessly take, destroy, damage, remove, disturb or otherwise interfere with or dispose of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Section of the Act: 74(1)

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 5 years or both

Penalty body corporate: $948,432.00 (4800 penalty units)

Shipwreck and shipwreck artefact offence – negligently

Offence to negligently take, destroy, damage, remove, disturb or otherwise interfere with or dispose of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Section of the Act: 74(2)

Penalty natural person: $237,108.00 (1200 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $474,216.00 (2400 penalty units)

Shipwreck and shipwreck artefact offence – knowingly or recklessly purchasing

Offence to knowingly or recklessly buy, offer to buy, agree to buy or offer, or agree to barter or exchange, or possess, any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Section of the Act: 74(3)

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 5 years or both

Penalty body corporate: $948,432.00 (4800 penalty units)

Direction to deliver shipwreck or shipwreck artefact

Directions to deliver a removed registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

Section of the Act: 75

Penalty natural person: $47,421.60 (240 penalty units)

Penalty body corporate: $94,843.20 (480 penalty units)

Prohibited equipment near shipwrecks or shipwreck artefacts

Offence to be near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts with certain equipment.

Section of the Act: 76

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Contravention of a shipwreck permit

Contravention of a permit for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts.

Section of the Act: 77

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Contravention of a permit for use of a shipwreck

Contravention of a permit for the use of registered shipwrecks or registered shipwreck artefacts.

Section of the Act: 78

Penalty natural person: $1,975.90 (10 penalty units)

Penalty body corporate: $3,951.80 (20 penalty units)

Failure to notify discovery of a shipwreck or shipwreck artefact

Notification of discovery of a shipwreck or shipwreck artefact within 7 days.

Section of the Act: 80(1)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Misleading statement regarding shipwreck or shipwreck artefact

Misleading statement relating to notification of discovery.

Section of the Act: 80(3)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Concealing the location of a shipwreck or shipwreck artefact

Carrying out of operations to conceal the location of a shipwreck or shipwreck artefact.

Section of the Act: 80(5)

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to comply with a request – underwater cultural heritage

Powers of inspectors - registered shipwrecks, historic shipwrecks, registered shipwreck artefacts and historic shipwreck artefacts.

Section of the Act: 211

Penalty natural person: $9,879.50 (50 penalty units)

Penalty body corporate: -

VHR place offence – knowingly or recklessly

Offence to knowingly or recklessly remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

Section of the Act: 87(1)

Penalty natural person: $948,432.00 (4800 penalty units) or imprisonment for 5 years or both

Penalty body corporate: $1,896,864.00 (9600 penalty units)

VHR object offence – knowingly or recklessly

Offence to knowingly or recklessly remove, relocate or demolish, damage or despoil, develop or alter, a registered object.

Section of the Act: 87(2)

Penalty natural person: $948,432.00 (4800 penalty units) or imprisonment for 5 years or both

Penalty body corporate: $1,896,864.00 (9600 penalty units)

VHR object offence – knowingly or recklessly disturb position

Offence to knowingly or recklessly disturb the position of an object which is a fixed registered object.

Section of the Act: 87(3)

Penalty natural person: $948,432.00 (4800 penalty units) or imprisonment for 5 years or both

Penalty body corporate: $1,896,864.00 (9600 penalty units)

VHR place offence – negligently

Offence to negligently remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

Section of the Act: 88(1)

Penalty natural person: $443,808.00 (2400 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $887,616.00 (4800 penalty units)

VHR object offence – negligently

Offence to negligently remove, relocate or demolish, damage or despoil, develop or alter, a registered object.

Section of the Act: 88(2)

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $948,432.00 (4800 penalty units)

VHR object offence – negligently disturb position

Offence to negligently disturb the position of an object which is a fixed registered object.

Section of the Act: 88(3)

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $948,432.00 (4800 penalty units)

VHR place offence – strict liability

Offence to remove, relocate or demolish, damage or despoil, develop or alter, or excavate, all or any part of a registered place.

Section of the Act: 89(1)

Penalty natural person: $9,484.32 (48 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

VHR object offence – strict liability

Offence to remove, relocate or demolish, damage or despoil, develop or alter, a registered object.

Section of the Act: 89(2)

Penalty natural person: $9,484.32 (48 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

VHR object offence – disturb position, strict liability

Offence to disturb the position of an object which is a fixed registered object.

Section of the Act: 89(3)

Penalty natural person: $9,484.32 (48 penalty units)

Penalty body corporate: $47,421.60 (240 penalty units)

Failure to comply with a permit

Non-compliance with a permit.

Section of the Act: 104

Penalty natural person: $23,710.80 (120 penalty units)

Penalty body corporate: $118,554.00 (600 penalty units)

Non-compliance with repair order

Failure to comply with repair order.

Section of the Act: 157

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $948,432.00 (4800 penalty units)

Non-compliance with rectification order

Compliance with rectification orders.

Section of the Act: 163

Penalty natural person: $9,484.32 (48 penalty units)

Penalty body corporate: $4,7421.60 (240 penalty units)

Non-compliance with stop order

Compliance with stop orders.

Section of the Act: 168

Penalty natural person: $948,432.00 (4800 penalty units)

Penalty body corporate: $1,896,864.00 (9600 penalty units)

Failure to comply with World Heritage Management Plan

Offence to fail to comply with Approved World Heritage Management Plan.

Section of the Act: 192

Penalty natural person: $474,216.00 (2400 penalty units) or imprisonment for 2 years or both

Penalty body corporate: $1,975,900 (10,000 penalty units)

Failure to return identity card

Identity cards.

Section of the Act: 195

Penalty natural person: $197.59 (1 penalty unit)

Penalty body corporate: -

Failure to provide name and address

Inspector may demand name and address.

Section of the Act: 197

Penalty natural person: $9,879.50 (50 penalty units)

Penalty body corporate: $19,759.00 (100 penalty units)

Obstruction

Offence to hinder inspector or authorised person.

Section of the Act: 198

Penalty natural person: $11,855.40 (60 penalty units)

Penalty body corporate: -

Impersonation

Offence to impersonate inspector.

Section of the Act: 199

Penalty natural person: $5,927.70 (30 penalty units)

Penalty body corporate: -

False or misleading information

Provision of false or misleading information relating to archaeological artefacts.

Section of the Act: 209(5)

Penalty natural person: $1,975.90 (10 penalty units)

Penalty body corporate: $3,951.80 (20 penalty units)

Failure to maintain confidentiality

Confidentiality.

Section of the Act: 231

Penalty natural person: $3,951.80 (20 penalty units)

Penalty body corporate: -

Obligations of owners of places and objects

On this page:

Penalties and infringement notices

Types of penalties

Penalty units

List of penalties