Tasmanian Heritage Council v Cita Property Group Pty Ltd

The Tasmanian Heritage Council brought an action against Cita Property Group Pty Ltd in relation to alleged breaches of the Historic Cultural Heritage Act 1995. The Council argued that Cita Property Group had undertaken works on a heritage listed building without first obtaining the necessary approval, in breach of the statutory provisions. The dispute was heard and determined by the Supreme Court of Tasmania.

The central legal issue before the Court was whether the actions of Cita Property Group amounted to a breach of the statutory provisions, and if so, whether this rendered the act invalid. Specifically, the Court had to consider the meaning and effect of the statutory language, and whether the failure to obtain approval rendered the work done by Cita Property Group unlawful. The Court also had to consider whether the obligation to obtain approval was mandatory, or whether it was directory, which would have meant that the act was still valid even in the absence of the required approval.

The Court found that the statutory language was clear, and that the obligation to obtain approval was mandatory. The Court held that the failure to obtain approval rendered the work done by Cita Property Group unlawful, and that the act was therefore invalid. The Court rejected Cita Property Group’s argument that the obligation to obtain approval was directory, and that the act was therefore still valid. The Court held that the statutory language made it clear that the obligation was mandatory, and that this was reinforced by the severe penalties that were attached to breaches of the statutory provisions.

The Court ordered Cita Property Group to cease the works that had been done on the heritage listed building, and to take such steps as were necessary to remedy the damage that had been caused. The Court also ordered Cita Property Group to pay the costs of the proceedings.