{"id":"qld:act-2003-079","name":"Aboriginal Cultural Heritage Act 2003","slug":"aboriginal-cultural-heritage-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"79 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32974,"registerId":"qld-act-2003-079-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Aboriginal Cultural Heritage Act 2003 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Purpose of Act","content":"## Purpose of Act","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purpose of Act","content":"### sec.4 Main purpose of Act\n\nThe main purpose of this Act is to provide effective recognition, protection and conservation of Aboriginal cultural heritage.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Principles underlying Act’s main purpose","content":"### sec.5 Principles underlying Act’s main purpose\n\nThe following fundamental principles underlie this Act’s main purpose—\nthe recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices;\nAboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;\nit is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;\nactivities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to ‘law and country’;\nthere is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.\n- (a) the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal knowledge, culture and traditional practices;\n- (b) Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;\n- (c) it is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;\n- (d) activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to ‘law and country’;\n- (e) there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"How main purpose of Act is to be achieved","content":"### sec.6 How main purpose of Act is to be achieved\n\nFor achieving effective recognition, protection and conservation of Aboriginal cultural heritage, this Act provides for the following—\nrecognising Aboriginal ownership of Aboriginal human remains wherever held;\nrecognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State collections;\nrecognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an Aboriginal party for the area;\nestablishing a duty of care for activities that may harm Aboriginal cultural heritage;\nestablishing powers of protection, investigation and enforcement;\nestablishing a database and a register for recording Aboriginal cultural heritage;\nensuring Aboriginal people are involved in processes for managing the recognition, protection and conservation of Aboriginal cultural heritage;\nestablishing a process for the comprehensive study of Aboriginal cultural heritage;\nestablishing processes for the timely and efficient management of activities to avoid or minimise harm to Aboriginal cultural heritage.\n- (a) recognising Aboriginal ownership of Aboriginal human remains wherever held;\n- (b) recognising Aboriginal ownership of Aboriginal cultural heritage of a secret or sacred nature held in State collections;\n- (c) recognising Aboriginal ownership of Aboriginal cultural heritage that is lawfully taken away from an area by an Aboriginal party for the area;\n- (d) establishing a duty of care for activities that may harm Aboriginal cultural heritage;\n- (e) establishing powers of protection, investigation and enforcement;\n- (f) establishing a database and a register for recording Aboriginal cultural heritage;\n- (g) ensuring Aboriginal people are involved in processes for managing the recognition, protection and conservation of Aboriginal cultural heritage;\n- (h) establishing a process for the comprehensive study of Aboriginal cultural heritage;\n- (i) establishing processes for the timely and efficient management of activities to avoid or minimise harm to Aboriginal cultural heritage.","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of Aboriginal cultural heritage","content":"### sec.8 Meaning of Aboriginal cultural heritage\n\nAboriginal cultural heritage is anything that is—\na significant Aboriginal area in Queensland; or\na significant Aboriginal object; or\nevidence, of archaeological or historic significance, of Aboriginal occupation of an area of Queensland.\n- (a) a significant Aboriginal area in Queensland; or\n- (b) a significant Aboriginal object; or\n- (c) evidence, of archaeological or historic significance, of Aboriginal occupation of an area of Queensland.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of significant Aboriginal area","content":"### sec.9 Meaning of significant Aboriginal area\n\nA significant Aboriginal area is an area of particular significance to Aboriginal people because of either or both of the following—\nAboriginal tradition;\nUnder the Acts Interpretation Act 1954 , section 36 (Meaning of commonly used words and expressions), Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.\nthe history, including contemporary history, of any Aboriginal party for the area.\n- (a) Aboriginal tradition; Editor’s note— Under the Acts Interpretation Act 1954 , section 36 (Meaning of commonly used words and expressions), Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.\n- (b) the history, including contemporary history, of any Aboriginal party for the area.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of significant Aboriginal object","content":"### sec.10 Meaning of significant Aboriginal object\n\nA significant Aboriginal object is an object of particular significance to Aboriginal people because of either or both of the following—\nAboriginal tradition;\nthe history, including contemporary history, of an Aboriginal party for an area.\n- (a) Aboriginal tradition;\n- (b) the history, including contemporary history, of an Aboriginal party for an area.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Extension of evidence of occupation to surroundings","content":"### sec.11 Extension of evidence of occupation to surroundings\n\nIf a particular object or structure is evidence of Aboriginal occupation, the area immediately surrounding the object or structure is also evidence of Aboriginal occupation to the extent the area can not be separated from the object or structure without destroying or diminishing the object or structure’s significance as evidence of Aboriginal occupation.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Identifying significant Aboriginal areas","content":"### sec.12 Identifying significant Aboriginal areas\n\nThis section gives more information about identifying significant Aboriginal areas.\nFor an area to be a significant Aboriginal area, it is not necessary for the area to contain markings or other physical evidence indicating Aboriginal occupation or otherwise denoting the area’s significance.\nFor example, the area might be a ceremonial place, a birthing place, a burial place or the site of a massacre.\nAlso, if significant Aboriginal objects exist in an area and the significance of the objects is intrinsically linked with their location in the area—\nthe existence of the objects in the area is enough on its own to make the area a significant Aboriginal area; and\nif it is reasonably appropriate under this Act, the immediate area and the objects in it may be taken to be, collectively, a significant Aboriginal area.\nFor identifying a significant Aboriginal area, regard may be had to authoritative anthropological, biogeographical, historical and archaeological information.\n(sec.12-ssec.1) This section gives more information about identifying significant Aboriginal areas.\n(sec.12-ssec.2) For an area to be a significant Aboriginal area, it is not necessary for the area to contain markings or other physical evidence indicating Aboriginal occupation or otherwise denoting the area’s significance.\n(sec.12-ssec.3) For example, the area might be a ceremonial place, a birthing place, a burial place or the site of a massacre.\n(sec.12-ssec.4) Also, if significant Aboriginal objects exist in an area and the significance of the objects is intrinsically linked with their location in the area— the existence of the objects in the area is enough on its own to make the area a significant Aboriginal area; and if it is reasonably appropriate under this Act, the immediate area and the objects in it may be taken to be, collectively, a significant Aboriginal area.\n(sec.12-ssec.5) For identifying a significant Aboriginal area, regard may be had to authoritative anthropological, biogeographical, historical and archaeological information.\n- (a) the existence of the objects in the area is enough on its own to make the area a significant Aboriginal area; and\n- (b) if it is reasonably appropriate under this Act, the immediate area and the objects in it may be taken to be, collectively, a significant Aboriginal area.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Interpretation to support existing rights and interests","content":"### sec.13 Interpretation to support existing rights and interests\n\nA provision of this Act must not be interpreted in a way that would allow the provision to operate in a way that prejudices—\na right of ownership of a traditional group of Aboriginal people, or of a member of a traditional group of Aboriginal people, in Aboriginal cultural heritage used or held for traditional purposes under Aboriginal tradition; or\na person’s enjoyment or use of, or free access to, Aboriginal cultural heritage, if—\nthe person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and\nthe access, enjoyment or use is sanctioned by the Aboriginal tradition; or\nnative title rights and interests.\n- (a) a right of ownership of a traditional group of Aboriginal people, or of a member of a traditional group of Aboriginal people, in Aboriginal cultural heritage used or held for traditional purposes under Aboriginal tradition; or\n- (b) a person’s enjoyment or use of, or free access to, Aboriginal cultural heritage, if— (i) the person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and (ii) the access, enjoyment or use is sanctioned by the Aboriginal tradition; or\n- (i) the person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and\n- (ii) the access, enjoyment or use is sanctioned by the Aboriginal tradition; or\n- (c) native title rights and interests.\n- (i) the person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and\n- (ii) the access, enjoyment or use is sanctioned by the Aboriginal tradition; or","sortOrder":16},{"sectionNumber":"pt.2","sectionType":"part","heading":"Ownership, custodianship and possession of Aboriginal cultural heritage","content":"# Ownership, custodianship and possession of Aboriginal cultural heritage","sortOrder":17},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Object and intent","content":"### sec.14 Object and intent\n\nThe object of this part is to make rules about ownership, custodianship and possession of Aboriginal cultural heritage.\nThe basic intent underlying the rules stated in this part is that Aboriginal cultural heritage should be protected.\nA supporting intent is that, as far as practicable, Aboriginal cultural heritage should be owned and protected by Aboriginal people with traditional or familial links to the cultural heritage if it is comprised of any of the following—\nAboriginal human remains;\nsecret or sacred objects;\nAboriginal cultural heritage lawfully taken away from an area.\nAnother supporting intent is that Aboriginal cultural heritage of the type mentioned in subsection (3) (a) or (b) that is in the custody of the State, including the Queensland Museum, should continue to be protected by the State until it can be transferred into the protection of its Aboriginal owners.\n(sec.14-ssec.1) The object of this part is to make rules about ownership, custodianship and possession of Aboriginal cultural heritage.\n(sec.14-ssec.2) The basic intent underlying the rules stated in this part is that Aboriginal cultural heritage should be protected.\n(sec.14-ssec.3) A supporting intent is that, as far as practicable, Aboriginal cultural heritage should be owned and protected by Aboriginal people with traditional or familial links to the cultural heritage if it is comprised of any of the following— Aboriginal human remains; secret or sacred objects; Aboriginal cultural heritage lawfully taken away from an area.\n(sec.14-ssec.4) Another supporting intent is that Aboriginal cultural heritage of the type mentioned in subsection (3) (a) or (b) that is in the custody of the State, including the Queensland Museum, should continue to be protected by the State until it can be transferred into the protection of its Aboriginal owners.\n- (a) Aboriginal human remains;\n- (b) secret or sacred objects;\n- (c) Aboriginal cultural heritage lawfully taken away from an area.","sortOrder":19},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Aboriginal human remains","content":"## Aboriginal human remains","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Ownership of Aboriginal human remains","content":"### sec.15 Ownership of Aboriginal human remains\n\nOn the commencement of this section, Aboriginal people who have a traditional or familial link with Aboriginal human remains in existence immediately before the commencement become the owners of the human remains if they are not already the owners.\nSubsection (1) applies regardless of who may have owned the Aboriginal human remains before the commencement of this section.\n(sec.15-ssec.1) On the commencement of this section, Aboriginal people who have a traditional or familial link with Aboriginal human remains in existence immediately before the commencement become the owners of the human remains if they are not already the owners.\n(sec.15-ssec.2) Subsection (1) applies regardless of who may have owned the Aboriginal human remains before the commencement of this section.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Aboriginal human remains in custody of State","content":"### sec.16 Aboriginal human remains in custody of State\n\nThis section applies to Aboriginal human remains if the human remains are in the custody of an entity that represents or is the State.\nThe persons who own the human remains may at any time ask the entity—\nto continue to be the custodian of the human remains; or\nto return the human remains to them.\nIf the entity is satisfied the persons making the request under subsection (2) are the owners of the human remains, the entity must comply with the request to the greatest practicable extent.\nThe persons who own the human remains are not limited to making only 1 request under subsection (2) .\nThe owners could ask for the Queensland Museum to continue its custody of the human remains while they make suitable arrangements for dealing with the human remains, at which time they could ask for the human remains to be returned to them.\n(sec.16-ssec.1) This section applies to Aboriginal human remains if the human remains are in the custody of an entity that represents or is the State.\n(sec.16-ssec.2) The persons who own the human remains may at any time ask the entity— to continue to be the custodian of the human remains; or to return the human remains to them.\n(sec.16-ssec.3) If the entity is satisfied the persons making the request under subsection (2) are the owners of the human remains, the entity must comply with the request to the greatest practicable extent.\n(sec.16-ssec.4) The persons who own the human remains are not limited to making only 1 request under subsection (2) . The owners could ask for the Queensland Museum to continue its custody of the human remains while they make suitable arrangements for dealing with the human remains, at which time they could ask for the human remains to be returned to them.\n- (a) to continue to be the custodian of the human remains; or\n- (b) to return the human remains to them.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Possession of Aboriginal human remains","content":"### sec.17 Possession of Aboriginal human remains\n\nThis section applies to a person, other than the State, if the person has in the person’s possession Aboriginal human remains that were in existence immediately before the commencement of this section and the person does not have the necessary traditional or familial links with the human remains to be the owner of the human remains.\nThe person must take all reasonable steps to ensure that the human remains are taken into the custody of the chief executive as soon as practicable.\nMaximum penalty for subsection (2) —200 penalty units.\n(sec.17-ssec.1) This section applies to a person, other than the State, if the person has in the person’s possession Aboriginal human remains that were in existence immediately before the commencement of this section and the person does not have the necessary traditional or familial links with the human remains to be the owner of the human remains.\n(sec.17-ssec.2) The person must take all reasonable steps to ensure that the human remains are taken into the custody of the chief executive as soon as practicable. Maximum penalty for subsection (2) —200 penalty units.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Knowledge of Aboriginal human remains","content":"### sec.18 Knowledge of Aboriginal human remains\n\nThis section applies to a person if the person—\nknows of the existence and location of Aboriginal human remains, but does not own the human remains or have possession of them; and\nknows, or ought reasonably to know, the human remains are, or are reasonably likely to be, Aboriginal human remains; and\nknows or suspects—\nthat the chief executive does not know of the existence of the human remains; or\nthat the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.\nThe person must—\nas soon as practicable, advise the chief executive of the existence and location of the human remains; and\ngive the chief executive all details about the nature and location of the human remains the chief executive reasonably requires.\nMaximum penalty—100 penalty units.\nFor subsection (2) , the obligation to advise the chief executive and to give the chief executive details must be complied with—\nif all the circumstances giving rise to the obligation arose before the commencement of this section—as soon as practicable after the commencement; or\nif all the circumstances giving rise to the obligation arise after the commencement, or if the circumstances arose partly before the commencement and arise partly after the commencement—as soon as practicable after all the circumstances apply.\nFor subsection (1) (c) , the chief executive is taken to be in possession of any knowledge that was ever in the possession of the Minister mentioned in section 35 of the repealed Act.\n(sec.18-ssec.1) This section applies to a person if the person— knows of the existence and location of Aboriginal human remains, but does not own the human remains or have possession of them; and knows, or ought reasonably to know, the human remains are, or are reasonably likely to be, Aboriginal human remains; and knows or suspects— that the chief executive does not know of the existence of the human remains; or that the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.\n(sec.18-ssec.2) The person must— as soon as practicable, advise the chief executive of the existence and location of the human remains; and give the chief executive all details about the nature and location of the human remains the chief executive reasonably requires. Maximum penalty—100 penalty units.\n(sec.18-ssec.3) For subsection (2) , the obligation to advise the chief executive and to give the chief executive details must be complied with— if all the circumstances giving rise to the obligation arose before the commencement of this section—as soon as practicable after the commencement; or if all the circumstances giving rise to the obligation arise after the commencement, or if the circumstances arose partly before the commencement and arise partly after the commencement—as soon as practicable after all the circumstances apply.\n(sec.18-ssec.4) For subsection (1) (c) , the chief executive is taken to be in possession of any knowledge that was ever in the possession of the Minister mentioned in section 35 of the repealed Act.\n- (a) knows of the existence and location of Aboriginal human remains, but does not own the human remains or have possession of them; and\n- (b) knows, or ought reasonably to know, the human remains are, or are reasonably likely to be, Aboriginal human remains; and\n- (c) knows or suspects— (i) that the chief executive does not know of the existence of the human remains; or (ii) that the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.\n- (i) that the chief executive does not know of the existence of the human remains; or\n- (ii) that the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.\n- (i) that the chief executive does not know of the existence of the human remains; or\n- (ii) that the chief executive knows of the existence of the human remains, but does not know the human remains are, or are reasonably likely to be, Aboriginal human remains.\n- (a) as soon as practicable, advise the chief executive of the existence and location of the human remains; and\n- (b) give the chief executive all details about the nature and location of the human remains the chief executive reasonably requires.\n- (a) if all the circumstances giving rise to the obligation arose before the commencement of this section—as soon as practicable after the commencement; or\n- (b) if all the circumstances giving rise to the obligation arise after the commencement, or if the circumstances arose partly before the commencement and arise partly after the commencement—as soon as practicable after all the circumstances apply.","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Secret and sacred objects","content":"## Secret and sacred objects","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Ownership and custody of secret or sacred object","content":"### sec.19 Ownership and custody of secret or sacred object\n\nThis section applies to an object that is Aboriginal cultural heritage if—\nthe object is a secret or sacred object; and\na ceremonial item\nthe object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.\nThe Aboriginal people who have a traditional or familial link with the object, if they are not already the owners, become the owners of the object—\nif the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or\notherwise—when the object comes into the custody of the entity.\nThe persons who own the object may at any time ask the entity—\nto continue to be the custodian of the object; or\nto return the object to them.\nIf the entity is satisfied the persons making the request under subsection (3) are the owners of the object, the entity must comply with the request to the greatest practicable extent.\nThe persons who own the object are not limited to making only 1 request under subsection (3) .\nThe owners could ask for the Queensland Museum to continue its custody of an object while they make suitable arrangements for dealing with the object, at which time they could ask for the object to be returned to them.\n(sec.19-ssec.1) This section applies to an object that is Aboriginal cultural heritage if— the object is a secret or sacred object; and a ceremonial item the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.\n(sec.19-ssec.2) The Aboriginal people who have a traditional or familial link with the object, if they are not already the owners, become the owners of the object— if the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or otherwise—when the object comes into the custody of the entity.\n(sec.19-ssec.3) The persons who own the object may at any time ask the entity— to continue to be the custodian of the object; or to return the object to them.\n(sec.19-ssec.4) If the entity is satisfied the persons making the request under subsection (3) are the owners of the object, the entity must comply with the request to the greatest practicable extent.\n(sec.19-ssec.5) The persons who own the object are not limited to making only 1 request under subsection (3) . The owners could ask for the Queensland Museum to continue its custody of an object while they make suitable arrangements for dealing with the object, at which time they could ask for the object to be returned to them.\n- (a) the object is a secret or sacred object; and Example of secret or sacred object— a ceremonial item\n- (b) the object is, immediately before the commencement of this section, in the custody of an entity that represents or is the State, or after the commencement comes into the custody of an entity that represents or is the State.\n- (a) if the object was in the custody of the entity immediately before the commencement of this section—on the commencement; or\n- (b) otherwise—when the object comes into the custody of the entity.\n- (a) to continue to be the custodian of the object; or\n- (b) to return the object to them.","sortOrder":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Other Aboriginal cultural heritage","content":"## Other Aboriginal cultural heritage","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Ownership of Aboriginal cultural heritage","content":"### sec.20 Ownership of Aboriginal cultural heritage\n\nThe following Aboriginal cultural heritage is not in the ownership of the State—\nhuman remains and secret or sacred objects owned by Aboriginal people under division 2 or 3 ;\nAboriginal cultural heritage passing into the ownership of an Aboriginal party under this Act;\nAboriginal cultural heritage owned by a person whose ownership is confirmed under a provision of this Act;\nAboriginal cultural heritage owned by a person to whom ownership is lawfully transferred.\nOtherwise, the State owns Aboriginal cultural heritage.\nSubsection (2) applies to an object or evidence that is Aboriginal cultural heritage even if the object or evidence—\nforms, or has previously formed, part of land; or\nis located, or has previously been located, in, on or under land.\nSubsections (2) and (3) do not operate to give the State ownership of—\nland in which is situated an object or evidence that becomes owned by the State under subsection (2) ; or\nany other land.\n(sec.20-ssec.1) The following Aboriginal cultural heritage is not in the ownership of the State— human remains and secret or sacred objects owned by Aboriginal people under division 2 or 3 ; Aboriginal cultural heritage passing into the ownership of an Aboriginal party under this Act; Aboriginal cultural heritage owned by a person whose ownership is confirmed under a provision of this Act; Aboriginal cultural heritage owned by a person to whom ownership is lawfully transferred.\n(sec.20-ssec.2) Otherwise, the State owns Aboriginal cultural heritage.\n(sec.20-ssec.3) Subsection (2) applies to an object or evidence that is Aboriginal cultural heritage even if the object or evidence— forms, or has previously formed, part of land; or is located, or has previously been located, in, on or under land.\n(sec.20-ssec.4) Subsections (2) and (3) do not operate to give the State ownership of— land in which is situated an object or evidence that becomes owned by the State under subsection (2) ; or any other land.\n- (a) human remains and secret or sacred objects owned by Aboriginal people under division 2 or 3 ;\n- (b) Aboriginal cultural heritage passing into the ownership of an Aboriginal party under this Act;\n- (c) Aboriginal cultural heritage owned by a person whose ownership is confirmed under a provision of this Act;\n- (d) Aboriginal cultural heritage owned by a person to whom ownership is lawfully transferred.\n- (a) forms, or has previously formed, part of land; or\n- (b) is located, or has previously been located, in, on or under land.\n- (a) land in which is situated an object or evidence that becomes owned by the State under subsection (2) ; or\n- (b) any other land.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Continued use of surface","content":"### sec.21 Continued use of surface\n\nThis section applies if Aboriginal cultural heritage is located on the surface of land, and—\nunder the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or\na person is otherwise entitled to the use and enjoyment of the surface of the land.\nDespite the existence of the Aboriginal cultural heritage, the owner or occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not unlawfully harm the cultural heritage.\n(sec.21-ssec.1) This section applies if Aboriginal cultural heritage is located on the surface of land, and— under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or a person is otherwise entitled to the use and enjoyment of the surface of the land.\n(sec.21-ssec.2) Despite the existence of the Aboriginal cultural heritage, the owner or occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not unlawfully harm the cultural heritage.\n- (a) under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or\n- (b) a person is otherwise entitled to the use and enjoyment of the surface of the land.","sortOrder":29},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Role of Queensland Museum","content":"## Role of Queensland Museum","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Care of Aboriginal cultural heritage","content":"### sec.22 Care of Aboriginal cultural heritage\n\nThe Queensland Museum may act under the Queensland Museum Act 1970 in relation to all Aboriginal cultural heritage in its custody.\nSubsection (1) applies subject to the particular requirements of this Act about the ownership, custody or protection of Aboriginal cultural heritage.\nThe Queensland Museum may at any time accept custody of Aboriginal cultural heritage.\n(sec.22-ssec.1) The Queensland Museum may act under the Queensland Museum Act 1970 in relation to all Aboriginal cultural heritage in its custody.\n(sec.22-ssec.2) Subsection (1) applies subject to the particular requirements of this Act about the ownership, custody or protection of Aboriginal cultural heritage.\n(sec.22-ssec.3) The Queensland Museum may at any time accept custody of Aboriginal cultural heritage.","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Protection of Aboriginal cultural heritage","content":"# Protection of Aboriginal cultural heritage","sortOrder":32},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Key cultural heritage protection provisions","content":"## Key cultural heritage protection provisions","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Cultural heritage duty of care","content":"### sec.23 Cultural heritage duty of care\n\nA person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the cultural heritage duty of care ).\nMaximum penalty—\nfor an individual—1,000 penalty units;\nfor a corporation—10,000 penalty units.\nWithout limiting the matters that may be considered by a court required to decide whether a person has complied with the cultural heritage duty of care in carrying out an activity, the court may consider the following—\nthe nature of the activity, and the likelihood of its causing harm to Aboriginal cultural heritage;\nthe nature of the Aboriginal cultural heritage likely to be harmed by the activity;\nthe extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation;\nwhether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey;\nwhether the person searched the database and register for information about the area affected by the activity;\nthe extent to which the person has complied with cultural heritage duty of care guidelines;\nthe nature and extent of past uses in the area affected by the activity.\nA person who carries out an activity is taken to have complied with the cultural heritage duty of care in relation to Aboriginal cultural heritage if—\nthe person is acting—\nunder the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\nunder an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\nunder a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\nin compliance with cultural heritage duty of care guidelines; or\nin compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or\nthe person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\nthe activity is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n(sec.23-ssec.1) A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the cultural heritage duty of care ). Maximum penalty— for an individual—1,000 penalty units; for a corporation—10,000 penalty units.\n(sec.23-ssec.2) Without limiting the matters that may be considered by a court required to decide whether a person has complied with the cultural heritage duty of care in carrying out an activity, the court may consider the following— the nature of the activity, and the likelihood of its causing harm to Aboriginal cultural heritage; the nature of the Aboriginal cultural heritage likely to be harmed by the activity; the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation; whether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey; whether the person searched the database and register for information about the area affected by the activity; the extent to which the person has complied with cultural heritage duty of care guidelines; the nature and extent of past uses in the area affected by the activity.\n(sec.23-ssec.3) A person who carries out an activity is taken to have complied with the cultural heritage duty of care in relation to Aboriginal cultural heritage if— the person is acting— under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or the activity is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n- (a) for an individual—1,000 penalty units;\n- (b) for a corporation—10,000 penalty units.\n- (a) the nature of the activity, and the likelihood of its causing harm to Aboriginal cultural heritage;\n- (b) the nature of the Aboriginal cultural heritage likely to be harmed by the activity;\n- (c) the extent to which the person consulted with Aboriginal parties about the carrying out of the activity, and the results of the consultation;\n- (d) whether the person carried out a study or survey, of any type, of the area affected by the activity to find out the location and extent of Aboriginal cultural heritage, and the extent of the study or survey;\n- (e) whether the person searched the database and register for information about the area affected by the activity;\n- (f) the extent to which the person has complied with cultural heritage duty of care guidelines;\n- (g) the nature and extent of past uses in the area affected by the activity.\n- (a) the person is acting— (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or (iv) in compliance with cultural heritage duty of care guidelines; or (v) in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or\n- (b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\n- (c) the activity is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with native title protection conditions, but only if the cultural heritage is expressly or impliedly the subject of the conditions; or","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Unlawful harm to Aboriginal cultural heritage","content":"### sec.24 Unlawful harm to Aboriginal cultural heritage\n\nA person must not harm Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage.\nMaximum penalty—\nfor an individual—\nif the Aboriginal cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or\notherwise—1,000 penalty units;\nfor a corporation—10,000 penalty units.\nA person who harms Aboriginal cultural heritage does not commit an offence under subsection (1) if—\nthe person is acting—\nunder the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\nunder an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\nunder a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\nin compliance with cultural heritage duty of care guidelines; or\nin compliance with the cultural heritage duty of care; or\nin compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\nthe person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\nthe harm is the result of doing an act that is necessary because of an emergency, including for example, a bushfire or other natural disaster.\nFor subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\n(sec.24-ssec.1) A person must not harm Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage. Maximum penalty— for an individual— if the Aboriginal cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or otherwise—1,000 penalty units; for a corporation—10,000 penalty units.\n(sec.24-ssec.2) A person who harms Aboriginal cultural heritage does not commit an offence under subsection (1) if— the person is acting— under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with the cultural heritage duty of care; or in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or the harm is the result of doing an act that is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n(sec.24-ssec.3) For subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\n- (a) for an individual— (i) if the Aboriginal cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or (ii) otherwise—1,000 penalty units;\n- (i) if the Aboriginal cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or\n- (ii) otherwise—1,000 penalty units;\n- (b) for a corporation—10,000 penalty units.\n- (i) if the Aboriginal cultural heritage is a registered significant area or registered significant object—1,000 penalty units or 2 years imprisonment; or\n- (ii) otherwise—1,000 penalty units;\n- (a) the person is acting— (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or (iv) in compliance with cultural heritage duty of care guidelines; or (v) in compliance with the cultural heritage duty of care; or (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\n- (b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\n- (c) the harm is the result of doing an act that is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Prohibited excavation, relocation and taking away","content":"### sec.25 Prohibited excavation, relocation and taking away\n\nA person must not excavate, relocate or take away Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage.\nMaximum penalty—\nfor an individual—1,000 penalty units;\nfor a corporation—10,000 penalty units.\nA person who excavates, relocates or takes away Aboriginal cultural heritage does not commit an offence under subsection (1) if—\nthe person is acting—\nunder the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\nunder an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\nunder a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\nin compliance with cultural heritage duty of care guidelines; or\nin compliance with the cultural heritage duty of care; or\nin compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\nthe person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\nthe excavation, relocation or taking away is necessary because of an emergency, including for example, a bushfire or other natural disaster.\nFor subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\n(sec.25-ssec.1) A person must not excavate, relocate or take away Aboriginal cultural heritage if the person knows or ought reasonably to know that it is Aboriginal cultural heritage. Maximum penalty— for an individual—1,000 penalty units; for a corporation—10,000 penalty units.\n(sec.25-ssec.2) A person who excavates, relocates or takes away Aboriginal cultural heritage does not commit an offence under subsection (1) if— the person is acting— under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with the cultural heritage duty of care; or in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or the excavation, relocation or taking away is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n(sec.25-ssec.3) For subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\n- (a) for an individual—1,000 penalty units;\n- (b) for a corporation—10,000 penalty units.\n- (a) the person is acting— (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or (iv) in compliance with cultural heritage duty of care guidelines; or (v) in compliance with the cultural heritage duty of care; or (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or\n- (b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or\n- (c) the excavation, relocation or taking away is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n- (i) under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or\n- (ii) under an approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the Aboriginal cultural heritage is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the Aboriginal cultural heritage is expressly or impliedly the subject of the conditions; or","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Unlawful possession of Aboriginal cultural heritage","content":"### sec.26 Unlawful possession of Aboriginal cultural heritage\n\nA person must not have in the person’s possession an object that is Aboriginal cultural heritage if the person knows or ought reasonably to know that the object is Aboriginal cultural heritage\nMaximum penalty—\nfor an individual—1,000 penalty units;\nfor a corporation—10,000 penalty units.\nA person who has in the person’s possession an object that is Aboriginal cultural heritage does not commit an offence under subsection (1) if—\nthe person is acting—\nunder the authority of another provision of this Act that applies to the object; or\nunder an approved cultural heritage management plan that applies to the object; or\nunder a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or\nin compliance with cultural heritage duty of care guidelines; or\nin compliance with the cultural heritage duty of care; or\nin compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or\nthe person owns the object, or is acting with the owner’s agreement; or\nthe person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster.\nFor subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\nThis section does not apply to Aboriginal human remains.\n(sec.26-ssec.1) A person must not have in the person’s possession an object that is Aboriginal cultural heritage if the person knows or ought reasonably to know that the object is Aboriginal cultural heritage Maximum penalty— for an individual—1,000 penalty units; for a corporation—10,000 penalty units.\n(sec.26-ssec.2) A person who has in the person’s possession an object that is Aboriginal cultural heritage does not commit an offence under subsection (1) if— the person is acting— under the authority of another provision of this Act that applies to the object; or under an approved cultural heritage management plan that applies to the object; or under a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or in compliance with cultural heritage duty of care guidelines; or in compliance with the cultural heritage duty of care; or in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or the person owns the object, or is acting with the owner’s agreement; or the person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n(sec.26-ssec.3) For subsection (1) , it does not matter whether the circumstances of the person’s knowledge arose before the commencement of this section, or arise after the commencement, or arose partly before the commencement and arise partly after the commencement.\n(sec.26-ssec.4) This section does not apply to Aboriginal human remains.\n- (a) for an individual—1,000 penalty units;\n- (b) for a corporation—10,000 penalty units.\n- (a) the person is acting— (i) under the authority of another provision of this Act that applies to the object; or (ii) under an approved cultural heritage management plan that applies to the object; or (iii) under a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or (iv) in compliance with cultural heritage duty of care guidelines; or (v) in compliance with the cultural heritage duty of care; or (vi) in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or\n- (i) under the authority of another provision of this Act that applies to the object; or\n- (ii) under an approved cultural heritage management plan that applies to the object; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or\n- (b) the person owns the object, or is acting with the owner’s agreement; or\n- (c) the person’s possession of the object is necessary because of an emergency, including for example, a bushfire or other natural disaster.\n- (i) under the authority of another provision of this Act that applies to the object; or\n- (ii) under an approved cultural heritage management plan that applies to the object; or\n- (iii) under a native title agreement or another agreement with an Aboriginal party, unless the object is expressly excluded from being subject to the agreement; or\n- (iv) in compliance with cultural heritage duty of care guidelines; or\n- (v) in compliance with the cultural heritage duty of care; or\n- (vi) in compliance with native title protection conditions, but only if the object is expressly or impliedly the subject of the conditions; or","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Court may order costs of rehabilitation or restoration","content":"### sec.27 Court may order costs of rehabilitation or restoration\n\nOn a conviction of a person for an offence under this division involving the unlawful harming or possessing of Aboriginal cultural heritage, the court may, if considered appropriate, order the person to pay to the State or another appropriate entity an amount for or towards—\nthe cost of any repair or restoration of the Aboriginal cultural heritage needing to be carried out; and\nthe cost of any repair or restoration of anything else that is not itself the Aboriginal cultural heritage, but that is associated with the Aboriginal cultural heritage and also needs to be repaired or restored because of the offence.\nIn this section—\nconviction includes a plea of guilty or a finding of guilt by a court, even though a conviction is not recorded.\n(sec.27-ssec.1) On a conviction of a person for an offence under this division involving the unlawful harming or possessing of Aboriginal cultural heritage, the court may, if considered appropriate, order the person to pay to the State or another appropriate entity an amount for or towards— the cost of any repair or restoration of the Aboriginal cultural heritage needing to be carried out; and the cost of any repair or restoration of anything else that is not itself the Aboriginal cultural heritage, but that is associated with the Aboriginal cultural heritage and also needs to be repaired or restored because of the offence.\n(sec.27-ssec.2) In this section— conviction includes a plea of guilty or a finding of guilt by a court, even though a conviction is not recorded.\n- (a) the cost of any repair or restoration of the Aboriginal cultural heritage needing to be carried out; and\n- (b) the cost of any repair or restoration of anything else that is not itself the Aboriginal cultural heritage, but that is associated with the Aboriginal cultural heritage and also needs to be repaired or restored because of the offence.","sortOrder":38},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Duty of care guidelines","content":"## Duty of care guidelines","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Cultural heritage duty of care guidelines","content":"### sec.28 Cultural heritage duty of care guidelines\n\nThe Minister may by gazette notice notify guidelines ( cultural heritage duty of care guidelines ) identifying reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.\nIn formulating cultural heritage duty of care guidelines, the Minister may consult with the following—\nAboriginal groups;\nindustry groups;\nlocal governments;\nother persons the Minister considers appropriate.\n(sec.28-ssec.1) The Minister may by gazette notice notify guidelines ( cultural heritage duty of care guidelines ) identifying reasonable and practicable measures for ensuring activities are managed to avoid or minimise harm to Aboriginal cultural heritage.\n(sec.28-ssec.2) In formulating cultural heritage duty of care guidelines, the Minister may consult with the following— Aboriginal groups; industry groups; local governments; other persons the Minister considers appropriate.\n- (a) Aboriginal groups;\n- (b) industry groups;\n- (c) local governments;\n- (d) other persons the Minister considers appropriate.","sortOrder":40},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Information about cultural heritage","content":"## Information about cultural heritage","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"Information protection provision","content":"### sec.29 Information protection provision\n\nThis section applies to a person who, under this Act, submits to the chief executive or the Minister a report or other document about Aboriginal cultural heritage matters.\nThe person must not include in the report or other document knowledge or information given to or otherwise acquired by the person if—\nthe person knows the knowledge or information is of a secret or sacred nature; and\nthe Aboriginal people in whose understanding the knowledge or information is of a secret or sacred nature have not agreed to its inclusion in the report or other document.\nMaximum penalty—\nfor an individual—100 penalty units;\nfor a corporation—1,000 penalty units.\n(sec.29-ssec.1) This section applies to a person who, under this Act, submits to the chief executive or the Minister a report or other document about Aboriginal cultural heritage matters.\n(sec.29-ssec.2) The person must not include in the report or other document knowledge or information given to or otherwise acquired by the person if— the person knows the knowledge or information is of a secret or sacred nature; and the Aboriginal people in whose understanding the knowledge or information is of a secret or sacred nature have not agreed to its inclusion in the report or other document. Maximum penalty— for an individual—100 penalty units; for a corporation—1,000 penalty units.\n- (a) the person knows the knowledge or information is of a secret or sacred nature; and\n- (b) the Aboriginal people in whose understanding the knowledge or information is of a secret or sacred nature have not agreed to its inclusion in the report or other document.\n- (a) for an individual—100 penalty units;\n- (b) for a corporation—1,000 penalty units.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Putting cultural heritage management plan into effect","content":"### sec.30 Putting cultural heritage management plan into effect\n\nA person who is involved in putting an approved cultural heritage management plan into effect must take all reasonable steps to ensure the chief executive is advised about all Aboriginal cultural heritage revealed to exist because of any activity carried out under the plan.\nMaximum penalty—\nfor an individual—100 penalty units;\nfor a corporation—1,000 penalty units.\nSubsection (1) does not require the giving of advice to the chief executive if giving the advice would be a contravention of the information protection provision.\n(sec.30-ssec.1) A person who is involved in putting an approved cultural heritage management plan into effect must take all reasonable steps to ensure the chief executive is advised about all Aboriginal cultural heritage revealed to exist because of any activity carried out under the plan. Maximum penalty— for an individual—100 penalty units; for a corporation—1,000 penalty units.\n(sec.30-ssec.2) Subsection (1) does not require the giving of advice to the chief executive if giving the advice would be a contravention of the information protection provision.\n- (a) for an individual—100 penalty units;\n- (b) for a corporation—1,000 penalty units.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Other activities","content":"### sec.31 Other activities\n\nA person who is involved in carrying out an activity, other than an activity under an approved cultural heritage management plan, may advise the chief executive of Aboriginal cultural heritage revealed to exist because of the activity.\nSubsection (1) does not authorise the giving of advice to the chief executive if giving the advice would be a contravention of the information protection provision.\n(sec.31-ssec.1) A person who is involved in carrying out an activity, other than an activity under an approved cultural heritage management plan, may advise the chief executive of Aboriginal cultural heritage revealed to exist because of the activity.\n(sec.31-ssec.2) Subsection (1) does not authorise the giving of advice to the chief executive if giving the advice would be a contravention of the information protection provision.","sortOrder":44},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Protection of cultural heritage under action of Minister","content":"## Protection of cultural heritage under action of Minister","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"Stop orders","content":"### sec.32 Stop orders\n\nThis section applies if the Minister is satisfied there are reasonable grounds for concluding—\na person is carrying out or is about to carry out an activity; and\neither or both of the following apply—\nin carrying out the activity, the person is or will be harming Aboriginal cultural heritage;\nthe carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.\nThe Minister may give the person a stop order for the activity.\nThe stop order must be given to the person—\nby giving it to the person personally; or\nif it is not reasonably practicable to give it to the person personally—by fixing it in a prominent position at the place where the activity is being carried out or is about to be carried out.\nThe stop order—\noperates from when it is given to the person under subsection (3) ; and\nunless it is revoked sooner, continues in force for 30 days from when it is given to the person, or for a shorter period stated in the order.\nThe Minister may give 1 further stop order of not more than 30 days under this section for the person’s activity.\nA person must not knowingly contravene a stop order given to a person under this section.\nMaximum penalty—17,000 penalty units.\nThe penalty amount mentioned in subsection (6) is the maximum penalty amount that may be imposed for an offence under the subsection, even if the offence is committed by a corporation.\nA stop order under this section is ineffective in its application to an activity if the activity is the subject of an injunction granted in the exercise of the exclusive jurisdiction the Land Court has for cultural heritage matters under the Land Court Act 2000 , section 32H .\ns 32 amd 2007 No. 39 s 41 sch\n(sec.32-ssec.1) This section applies if the Minister is satisfied there are reasonable grounds for concluding— a person is carrying out or is about to carry out an activity; and either or both of the following apply— in carrying out the activity, the person is or will be harming Aboriginal cultural heritage; the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.\n(sec.32-ssec.2) The Minister may give the person a stop order for the activity.\n(sec.32-ssec.3) The stop order must be given to the person— by giving it to the person personally; or if it is not reasonably practicable to give it to the person personally—by fixing it in a prominent position at the place where the activity is being carried out or is about to be carried out.\n(sec.32-ssec.4) The stop order— operates from when it is given to the person under subsection (3) ; and unless it is revoked sooner, continues in force for 30 days from when it is given to the person, or for a shorter period stated in the order.\n(sec.32-ssec.5) The Minister may give 1 further stop order of not more than 30 days under this section for the person’s activity.\n(sec.32-ssec.6) A person must not knowingly contravene a stop order given to a person under this section. Maximum penalty—17,000 penalty units.\n(sec.32-ssec.7) The penalty amount mentioned in subsection (6) is the maximum penalty amount that may be imposed for an offence under the subsection, even if the offence is committed by a corporation.\n(sec.32-ssec.8) A stop order under this section is ineffective in its application to an activity if the activity is the subject of an injunction granted in the exercise of the exclusive jurisdiction the Land Court has for cultural heritage matters under the Land Court Act 2000 , section 32H .\n- (a) a person is carrying out or is about to carry out an activity; and\n- (b) either or both of the following apply— (i) in carrying out the activity, the person is or will be harming Aboriginal cultural heritage; (ii) the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.\n- (i) in carrying out the activity, the person is or will be harming Aboriginal cultural heritage;\n- (ii) the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.\n- (i) in carrying out the activity, the person is or will be harming Aboriginal cultural heritage;\n- (ii) the carrying out of the activity is having or will have a significant adverse impact on the cultural heritage value of Aboriginal cultural heritage.\n- (a) by giving it to the person personally; or\n- (b) if it is not reasonably practicable to give it to the person personally—by fixing it in a prominent position at the place where the activity is being carried out or is about to be carried out.\n- (a) operates from when it is given to the person under subsection (3) ; and\n- (b) unless it is revoked sooner, continues in force for 30 days from when it is given to the person, or for a shorter period stated in the order.","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Particular steps to preserve cultural heritage","content":"### sec.33 Particular steps to preserve cultural heritage\n\nThe Minister may—\nfor the State, acquire by purchase or gift Aboriginal cultural heritage for the purpose of its preservation; and\ncause structures to be erected, and other steps to be taken, that are necessary or desirable to preserve the Aboriginal cultural heritage.\n- (a) for the State, acquire by purchase or gift Aboriginal cultural heritage for the purpose of its preservation; and\n- (b) cause structures to be erected, and other steps to be taken, that are necessary or desirable to preserve the Aboriginal cultural heritage.","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":"Native title parties, Aboriginal parties and Aboriginal cultural heritage bodies","content":"# Native title parties, Aboriginal parties and Aboriginal cultural heritage bodies","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Native title party for an area","content":"### sec.34 Native title party for an area\n\nEach of the following is a native title party for an area—\na registered native title claimant for the area;\na person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if—\nthe person’s claim has failed and—\nthe person’s claim was the last claim registered under the Register of Native Title Claims for the area; and\nthere is no other registered native title claimant for the area; and\nthere is not, and never has been, a registered native title holder for the area; or\nthe person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\nthe person’s native title has been compulsorily acquired or has otherwise been extinguished;\na registered native title holder for the area;\na person who was a registered native title holder for the area, but only if—\nthe person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\nthe person’s native title has been compulsorily acquired or has otherwise been extinguished.\nIf a person would be a native title party under subsection (1) (b) but the person is no longer alive, the native title party is instead taken to be the native title claim group who, under the Commonwealth Native Title Act , authorised the person to make the relevant native title determination application.\ns 34 amd 2010 No. 12 s 4 ; 2018 No. 27 s 95\n(sec.34-ssec.1) Each of the following is a native title party for an area— a registered native title claimant for the area; a person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if— the person’s claim has failed and— the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and there is no other registered native title claimant for the area; and there is not, and never has been, a registered native title holder for the area; or the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished; a registered native title holder for the area; a person who was a registered native title holder for the area, but only if— the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or the person’s native title has been compulsorily acquired or has otherwise been extinguished.\n(sec.34-ssec.2) If a person would be a native title party under subsection (1) (b) but the person is no longer alive, the native title party is instead taken to be the native title claim group who, under the Commonwealth Native Title Act , authorised the person to make the relevant native title determination application.\n- (a) a registered native title claimant for the area;\n- (b) a person who, at any time after the commencement of this section, was a registered native title claimant for the area, but only if— (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished;\n- (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or\n- (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and\n- (B) there is no other registered native title claimant for the area; and\n- (C) there is not, and never has been, a registered native title holder for the area; or\n- (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\n- (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished;\n- (c) a registered native title holder for the area;\n- (d) a person who was a registered native title holder for the area, but only if— (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished.\n- (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\n- (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished.\n- (i) the person’s claim has failed and— (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and (B) there is no other registered native title claimant for the area; and (C) there is not, and never has been, a registered native title holder for the area; or\n- (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and\n- (B) there is no other registered native title claimant for the area; and\n- (C) there is not, and never has been, a registered native title holder for the area; or\n- (ii) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\n- (iii) the person’s native title has been compulsorily acquired or has otherwise been extinguished;\n- (A) the person’s claim was the last claim registered under the Register of Native Title Claims for the area; and\n- (B) there is no other registered native title claimant for the area; and\n- (C) there is not, and never has been, a registered native title holder for the area; or\n- (i) the person has surrendered the person’s native title under an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements; or\n- (ii) the person’s native title has been compulsorily acquired or has otherwise been extinguished.","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Aboriginal party for an area","content":"### sec.35 Aboriginal party for an area\n\nA native title party for an area is an Aboriginal party for the area.\nSubsection (3) applies to a native title party for an area who—\nis or was a registered native title claimant; or\nis the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application.\nThe native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Commonwealth Native Title Act for a determination of native title, regardless of the nature and extent of the claimant’s claims in relation to any particular part of the whole area.\nSubsection (5) applies to a native title party for an area who is or was a registered native title holder the subject of a determination of native title under the Commonwealth Native Title Act .\nThe native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application for the determination was made, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area.\nHowever, a native title party to whom subsection (5) applies is not an Aboriginal party for a part of the area if—\nnative title was not found to exist in relation to the part; and\nthere is a registered native title claimant for the part.\nIf there is no native title party for an area, a person is an Aboriginal party for the area if—\nthe person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and\nthe person—\nhas responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or\nis a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.\n(sec.35-ssec.1) A native title party for an area is an Aboriginal party for the area.\n(sec.35-ssec.2) Subsection (3) applies to a native title party for an area who— is or was a registered native title claimant; or is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application.\n(sec.35-ssec.3) The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Commonwealth Native Title Act for a determination of native title, regardless of the nature and extent of the claimant’s claims in relation to any particular part of the whole area.\n(sec.35-ssec.4) Subsection (5) applies to a native title party for an area who is or was a registered native title holder the subject of a determination of native title under the Commonwealth Native Title Act .\n(sec.35-ssec.5) The native title party is an Aboriginal party for the whole area included within the outer boundaries of the area in relation to which the application for the determination was made, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area.\n(sec.35-ssec.6) However, a native title party to whom subsection (5) applies is not an Aboriginal party for a part of the area if— native title was not found to exist in relation to the part; and there is a registered native title claimant for the part.\n(sec.35-ssec.7) If there is no native title party for an area, a person is an Aboriginal party for the area if— the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and the person— has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.\n- (a) is or was a registered native title claimant; or\n- (b) is the native title claim group who authorised a person who is no longer alive, but who was a registered native title claimant, to make a native title determination application.\n- (a) native title was not found to exist in relation to the part; and\n- (b) there is a registered native title claimant for the part.\n- (a) the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and\n- (b) the person— (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.\n- (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or\n- (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.\n- (i) has responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or\n- (ii) is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Registration as Aboriginal cultural heritage body","content":"### sec.36 Registration as Aboriginal cultural heritage body\n\nThe Minister may, on the application of a corporation, register the corporation as an Aboriginal cultural heritage body for an area.\nThe Minister must not register a corporation as an Aboriginal cultural heritage body for an area if there is currently another corporation registered as an Aboriginal cultural heritage body for the area or any part of the area.\nHowever, the Minister may register a corporation (the new corporation ) as an Aboriginal cultural heritage body for an area even though there is currently another corporation (the registered corporation ) registered as an Aboriginal cultural heritage body for the area or any part of the area if—\nthe new corporation’s registration is only for the purposes of a particular project; and\nthe registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and\nthe registration provides that the registration is effective only until the project finishes.\nThe Minister may register a corporation as an Aboriginal cultural heritage body for an area only if the Minister is satisfied that—\nthe corporation—\nis an appropriate body to identify Aboriginal parties for the area; and\nhas the capacity to identify Aboriginal parties for the area; and\neither—\nAboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or\nif there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered.\na registered native title body corporate, a representative body that is a corporation, an Aboriginal body incorporated for furthering the interests of Aboriginal people in relation to land or cultural matters\nIn deciding whether to register a corporation as the Aboriginal cultural heritage body for an area, the Minister may do any of the following—\nconsult with Aboriginal parties for the area or parts of the area;\nadvertise for submissions about the proposed registration of the corporation;\nanything else the Minister considers necessary to inform himself or herself.\nThe Minister may cancel the registration of a corporation as the Aboriginal cultural heritage body for an area if the Minister is no longer satisfied about the matters mentioned in subsection (4) in relation to the corporation.\nIn this section—\nregister , a corporation, means record the corporation in the register.\n(sec.36-ssec.1) The Minister may, on the application of a corporation, register the corporation as an Aboriginal cultural heritage body for an area.\n(sec.36-ssec.2) The Minister must not register a corporation as an Aboriginal cultural heritage body for an area if there is currently another corporation registered as an Aboriginal cultural heritage body for the area or any part of the area.\n(sec.36-ssec.3) However, the Minister may register a corporation (the new corporation ) as an Aboriginal cultural heritage body for an area even though there is currently another corporation (the registered corporation ) registered as an Aboriginal cultural heritage body for the area or any part of the area if— the new corporation’s registration is only for the purposes of a particular project; and the registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and the registration provides that the registration is effective only until the project finishes.\n(sec.36-ssec.4) The Minister may register a corporation as an Aboriginal cultural heritage body for an area only if the Minister is satisfied that— the corporation— is an appropriate body to identify Aboriginal parties for the area; and has the capacity to identify Aboriginal parties for the area; and either— Aboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or if there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered. a registered native title body corporate, a representative body that is a corporation, an Aboriginal body incorporated for furthering the interests of Aboriginal people in relation to land or cultural matters\n(sec.36-ssec.5) In deciding whether to register a corporation as the Aboriginal cultural heritage body for an area, the Minister may do any of the following— consult with Aboriginal parties for the area or parts of the area; advertise for submissions about the proposed registration of the corporation; anything else the Minister considers necessary to inform himself or herself.\n(sec.36-ssec.6) The Minister may cancel the registration of a corporation as the Aboriginal cultural heritage body for an area if the Minister is no longer satisfied about the matters mentioned in subsection (4) in relation to the corporation.\n(sec.36-ssec.7) In this section— register , a corporation, means record the corporation in the register.\n- (a) the new corporation’s registration is only for the purposes of a particular project; and\n- (b) the registered corporation has given written agreement to the new corporation’s registration for the purposes of the project; and\n- (c) the registration provides that the registration is effective only until the project finishes.\n- (a) the corporation— (i) is an appropriate body to identify Aboriginal parties for the area; and (ii) has the capacity to identify Aboriginal parties for the area; and\n- (i) is an appropriate body to identify Aboriginal parties for the area; and\n- (ii) has the capacity to identify Aboriginal parties for the area; and\n- (b) either— (i) Aboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or (ii) if there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered. Examples of corporations that may be appropriate to be registered— a registered native title body corporate, a representative body that is a corporation, an Aboriginal body incorporated for furthering the interests of Aboriginal people in relation to land or cultural matters\n- (i) Aboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or\n- (ii) if there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered.\n- (i) is an appropriate body to identify Aboriginal parties for the area; and\n- (ii) has the capacity to identify Aboriginal parties for the area; and\n- (i) Aboriginal parties for the area that are native title parties for the area agree the corporation should be registered; or\n- (ii) if there is no Aboriginal party for the area that is a native title party for the area—there is substantial agreement among the Aboriginal parties for the area that the corporation should be registered.\n- (a) consult with Aboriginal parties for the area or parts of the area;\n- (b) advertise for submissions about the proposed registration of the corporation;\n- (c) anything else the Minister considers necessary to inform himself or herself.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Function of Aboriginal cultural heritage body","content":"### sec.37 Function of Aboriginal cultural heritage body\n\nThe function of an Aboriginal cultural heritage body for an area is to identify, for the benefit of a person who needs to know under this Act, the Aboriginal parties for the area or for a particular part of the area.\nThe Minister may give an Aboriginal cultural heritage body for an area the financial or other help the body needs to carry out its function.\n(sec.37-ssec.1) The function of an Aboriginal cultural heritage body for an area is to identify, for the benefit of a person who needs to know under this Act, the Aboriginal parties for the area or for a particular part of the area.\n(sec.37-ssec.2) The Minister may give an Aboriginal cultural heritage body for an area the financial or other help the body needs to carry out its function.","sortOrder":52},{"sectionNumber":"pt.5","sectionType":"part","heading":"Collection and management of Aboriginal cultural heritage information","content":"# Collection and management of Aboriginal cultural heritage information","sortOrder":53},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Aboriginal Cultural Heritage Database","content":"## Aboriginal Cultural Heritage Database","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Establishment of database","content":"### sec.38 Establishment of database\n\nThe chief executive must establish and keep the Aboriginal Cultural Heritage Database.\nThe chief executive may keep the database in the form or forms the chief executive considers to be the most appropriate in the circumstances for achieving the purpose of establishing the database.\n(sec.38-ssec.1) The chief executive must establish and keep the Aboriginal Cultural Heritage Database.\n(sec.38-ssec.2) The chief executive may keep the database in the form or forms the chief executive considers to be the most appropriate in the circumstances for achieving the purpose of establishing the database.","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Purpose of establishing database","content":"### sec.39 Purpose of establishing database\n\nThe purpose of establishing the database is to assemble, in a central and accessible location, information about Aboriginal cultural heritage.\nThe database is intended to be a research and planning tool to help Aboriginal parties, researchers and other persons in their consideration of the Aboriginal cultural heritage values of particular areas.\nThe placing of information on the database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.\n(sec.39-ssec.1) The purpose of establishing the database is to assemble, in a central and accessible location, information about Aboriginal cultural heritage.\n(sec.39-ssec.2) The database is intended to be a research and planning tool to help Aboriginal parties, researchers and other persons in their consideration of the Aboriginal cultural heritage values of particular areas.\n(sec.39-ssec.3) The placing of information on the database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Placing information on database","content":"### sec.40 Placing information on database\n\nThe chief executive may place information on the database to the extent the chief executive considers appropriate, having regard especially to the consistency of the information with existing anthropological, biogeographical, historical and archaeological information.\nInformation the chief executive places on the database may be either information another person asks the chief executive to place on the database or information the chief executive already holds.\n(sec.40-ssec.1) The chief executive may place information on the database to the extent the chief executive considers appropriate, having regard especially to the consistency of the information with existing anthropological, biogeographical, historical and archaeological information.\n(sec.40-ssec.2) Information the chief executive places on the database may be either information another person asks the chief executive to place on the database or information the chief executive already holds.","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Taking information off database","content":"### sec.41 Taking information off database\n\nThe chief executive may take information off the database if the chief executive is satisfied the information has been recorded in error.\nHowever, before acting under subsection (1) to take information about Aboriginal cultural heritage for a particular area off the database, the chief executive must, to the extent it is reasonably practicable to do so, consult with any Aboriginal party for the area.\n(sec.41-ssec.1) The chief executive may take information off the database if the chief executive is satisfied the information has been recorded in error.\n(sec.41-ssec.2) However, before acting under subsection (1) to take information about Aboriginal cultural heritage for a particular area off the database, the chief executive must, to the extent it is reasonably practicable to do so, consult with any Aboriginal party for the area.","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Availability of database to public generally","content":"### sec.42 Availability of database to public generally\n\nThe chief executive must not give access to the database generally.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Availability of database to Aboriginal party","content":"### sec.43 Availability of database to Aboriginal party\n\nThis section applies if an Aboriginal party for an area seeks information from the database.\nThe chief executive must give the Aboriginal party information from the database to the extent that, in the chief executive’s opinion, the information on the database relates to the area.\n(sec.43-ssec.1) This section applies if an Aboriginal party for an area seeks information from the database.\n(sec.43-ssec.2) The chief executive must give the Aboriginal party information from the database to the extent that, in the chief executive’s opinion, the information on the database relates to the area.","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Availability of database for cultural heritage duty of care purposes","content":"### sec.44 Availability of database for cultural heritage duty of care purposes\n\nThis section applies if a person carrying out an activity, including for example a land user, seeks information from the database.\nThe chief executive must give the person information from the database if, in the chief executive’s opinion, the person has a particular need to be aware of the information for satisfying the person’s cultural heritage duty of care.\nHowever, the person does not necessarily comply with the person’s cultural heritage duty of care only because the person has consulted the database.\nIf information is to be given to the person under subsection (2) , the information may be given to a nominee or professional advisor acting for the person.\n(sec.44-ssec.1) This section applies if a person carrying out an activity, including for example a land user, seeks information from the database.\n(sec.44-ssec.2) The chief executive must give the person information from the database if, in the chief executive’s opinion, the person has a particular need to be aware of the information for satisfying the person’s cultural heritage duty of care.\n(sec.44-ssec.3) However, the person does not necessarily comply with the person’s cultural heritage duty of care only because the person has consulted the database.\n(sec.44-ssec.4) If information is to be given to the person under subsection (2) , the information may be given to a nominee or professional advisor acting for the person.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Availability of database to researcher","content":"### sec.45 Availability of database to researcher\n\nThis section applies if a researcher into Aboriginal cultural heritage seeks information from the database.\nThe chief executive may give the researcher information from the database to the extent that, in the chief executive’s opinion, the information on the database relates to the research.\n(sec.45-ssec.1) This section applies if a researcher into Aboriginal cultural heritage seeks information from the database.\n(sec.45-ssec.2) The chief executive may give the researcher information from the database to the extent that, in the chief executive’s opinion, the information on the database relates to the research.","sortOrder":62},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Aboriginal Cultural Heritage Register","content":"## Aboriginal Cultural Heritage Register","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Establishment of register","content":"### sec.46 Establishment of register\n\nThe chief executive must establish and keep the Aboriginal Cultural Heritage Register.\nThe chief executive may keep the register in the form or forms the chief executive considers to be the most appropriate in the circumstances for—\nachieving the purpose of establishing the register; and\nensuring the register otherwise complies with the requirements of this division.\n(sec.46-ssec.1) The chief executive must establish and keep the Aboriginal Cultural Heritage Register.\n(sec.46-ssec.2) The chief executive may keep the register in the form or forms the chief executive considers to be the most appropriate in the circumstances for— achieving the purpose of establishing the register; and ensuring the register otherwise complies with the requirements of this division.\n- (a) achieving the purpose of establishing the register; and\n- (b) ensuring the register otherwise complies with the requirements of this division.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Purpose of establishing register","content":"### sec.47 Purpose of establishing register\n\nThe purpose of establishing the register is to assemble in a central and accessible location—\ninformation contained in cultural heritage studies; and\ninformation about whether particular areas have been the subject of cultural heritage management plans; and\ninformation about Aboriginal cultural heritage bodies; and\nother information necessary to help the consideration of Aboriginal cultural heritage, including for example addresses for service of Aboriginal parties.\nThe register is intended to be—\na depository for information for consideration for land use and land use planning, including, for example, for local government planning schemes and for regional planning strategies; and\na research and planning tool to help people in their consideration of the Aboriginal cultural heritage values of particular objects and areas.\n(sec.47-ssec.1) The purpose of establishing the register is to assemble in a central and accessible location— information contained in cultural heritage studies; and information about whether particular areas have been the subject of cultural heritage management plans; and information about Aboriginal cultural heritage bodies; and other information necessary to help the consideration of Aboriginal cultural heritage, including for example addresses for service of Aboriginal parties.\n(sec.47-ssec.2) The register is intended to be— a depository for information for consideration for land use and land use planning, including, for example, for local government planning schemes and for regional planning strategies; and a research and planning tool to help people in their consideration of the Aboriginal cultural heritage values of particular objects and areas.\n- (a) information contained in cultural heritage studies; and\n- (b) information about whether particular areas have been the subject of cultural heritage management plans; and\n- (c) information about Aboriginal cultural heritage bodies; and\n- (d) other information necessary to help the consideration of Aboriginal cultural heritage, including for example addresses for service of Aboriginal parties.\n- (a) a depository for information for consideration for land use and land use planning, including, for example, for local government planning schemes and for regional planning strategies; and\n- (b) a research and planning tool to help people in their consideration of the Aboriginal cultural heritage values of particular objects and areas.","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Recording information from cultural heritage study","content":"### sec.48 Recording information from cultural heritage study\n\nThis section applies if, under part 6 , the chief executive or Minister records in the register the findings of a cultural heritage study.\nThe chief executive or Minister must record—\na description of the cultural heritage study adequate to distinguish it from other cultural heritage studies; and\na description of the study area, including, if necessary for accurately locating the study area, a plan of the area and a detailed description of its boundaries; and\na description of all Aboriginal cultural heritage that has been identified in the study area and a description of its location; and\nin general terms, the reasons anything identified as Aboriginal cultural heritage has been so identified, including, if appropriate, whether it relates to men’s or women’s business; and\nif the study makes recommendations for the management of Aboriginal cultural heritage identified in the study—the recommendations; and\nfor each area or object assessed as a significant Aboriginal area or significant Aboriginal object—the name of each Aboriginal party that assessed the area or object as a significant Aboriginal area or significant Aboriginal object; and\nthe name and contact details of each endorsed party for the study; and\nthe name of each endorsed party for the study who did not take part in the carrying out of the study; and\nthe name and contact details of each Aboriginal cultural heritage body for the study area; and\nthe name and contact details of each cultural heritage assessor for the study; and\nwhen the study was completed.\n(sec.48-ssec.1) This section applies if, under part 6 , the chief executive or Minister records in the register the findings of a cultural heritage study.\n(sec.48-ssec.2) The chief executive or Minister must record— a description of the cultural heritage study adequate to distinguish it from other cultural heritage studies; and a description of the study area, including, if necessary for accurately locating the study area, a plan of the area and a detailed description of its boundaries; and a description of all Aboriginal cultural heritage that has been identified in the study area and a description of its location; and in general terms, the reasons anything identified as Aboriginal cultural heritage has been so identified, including, if appropriate, whether it relates to men’s or women’s business; and if the study makes recommendations for the management of Aboriginal cultural heritage identified in the study—the recommendations; and for each area or object assessed as a significant Aboriginal area or significant Aboriginal object—the name of each Aboriginal party that assessed the area or object as a significant Aboriginal area or significant Aboriginal object; and the name and contact details of each endorsed party for the study; and the name of each endorsed party for the study who did not take part in the carrying out of the study; and the name and contact details of each Aboriginal cultural heritage body for the study area; and the name and contact details of each cultural heritage assessor for the study; and when the study was completed.\n- (a) a description of the cultural heritage study adequate to distinguish it from other cultural heritage studies; and\n- (b) a description of the study area, including, if necessary for accurately locating the study area, a plan of the area and a detailed description of its boundaries; and\n- (c) a description of all Aboriginal cultural heritage that has been identified in the study area and a description of its location; and\n- (d) in general terms, the reasons anything identified as Aboriginal cultural heritage has been so identified, including, if appropriate, whether it relates to men’s or women’s business; and\n- (e) if the study makes recommendations for the management of Aboriginal cultural heritage identified in the study—the recommendations; and\n- (f) for each area or object assessed as a significant Aboriginal area or significant Aboriginal object—the name of each Aboriginal party that assessed the area or object as a significant Aboriginal area or significant Aboriginal object; and\n- (g) the name and contact details of each endorsed party for the study; and\n- (h) the name of each endorsed party for the study who did not take part in the carrying out of the study; and\n- (i) the name and contact details of each Aboriginal cultural heritage body for the study area; and\n- (j) the name and contact details of each cultural heritage assessor for the study; and\n- (k) when the study was completed.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Information about cultural heritage management plans","content":"### sec.49 Information about cultural heritage management plans\n\nThe chief executive must record in the register identifying details for each cultural heritage management plan approved, or in the process of being developed, under this Act.\nThe chief executive must arrange the register in a way giving the persons searching the register reasonable access to information about—\nwhether any particular area of the State is the subject of—\nan approved cultural heritage management plan; or\na cultural heritage management plan in the process of being developed under this Act; and\nthe contact details for the sponsor and endorsed parties for each approved plan and plan being developed.\n(sec.49-ssec.1) The chief executive must record in the register identifying details for each cultural heritage management plan approved, or in the process of being developed, under this Act.\n(sec.49-ssec.2) The chief executive must arrange the register in a way giving the persons searching the register reasonable access to information about— whether any particular area of the State is the subject of— an approved cultural heritage management plan; or a cultural heritage management plan in the process of being developed under this Act; and the contact details for the sponsor and endorsed parties for each approved plan and plan being developed.\n- (a) whether any particular area of the State is the subject of— (i) an approved cultural heritage management plan; or (ii) a cultural heritage management plan in the process of being developed under this Act; and\n- (i) an approved cultural heritage management plan; or\n- (ii) a cultural heritage management plan in the process of being developed under this Act; and\n- (b) the contact details for the sponsor and endorsed parties for each approved plan and plan being developed.\n- (i) an approved cultural heritage management plan; or\n- (ii) a cultural heritage management plan in the process of being developed under this Act; and","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Keeping register up-to-date","content":"### sec.50 Keeping register up-to-date\n\nThe Minister may add information to, or take information off, the register if the Minister is satisfied the adding or taking off is a necessary adjustment for keeping the register up-to-date.\nHowever, before acting under subsection (1) to take information off the register, the Minister must, to the extent it is reasonably practicable to do so, consult with any Aboriginal party for the area to which the information relates.\nInformation added to the register under subsection (1) is taken to be information recorded in the register.\nInformation taken off the register under subsection (1) is taken to be information no longer recorded in the register.\n(sec.50-ssec.1) The Minister may add information to, or take information off, the register if the Minister is satisfied the adding or taking off is a necessary adjustment for keeping the register up-to-date.\n(sec.50-ssec.2) However, before acting under subsection (1) to take information off the register, the Minister must, to the extent it is reasonably practicable to do so, consult with any Aboriginal party for the area to which the information relates.\n(sec.50-ssec.3) Information added to the register under subsection (1) is taken to be information recorded in the register.\n(sec.50-ssec.4) Information taken off the register under subsection (1) is taken to be information no longer recorded in the register.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Availability of register to public generally","content":"### sec.51 Availability of register to public generally\n\nThe chief executive must give access to the register generally.\nThe chief executive may require a person seeking to obtain information from the register to pay the fee prescribed under a regulation.\n(sec.51-ssec.1) The chief executive must give access to the register generally.\n(sec.51-ssec.2) The chief executive may require a person seeking to obtain information from the register to pay the fee prescribed under a regulation.","sortOrder":69},{"sectionNumber":"pt.6","sectionType":"part","heading":"Cultural heritage studies","content":"# Cultural heritage studies","sortOrder":70},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"Requirements for carrying out cultural heritage study and recording findings","content":"### sec.52 Requirements for carrying out cultural heritage study and recording findings\n\nDivisions 2 to 6 state the requirements for carrying out a cultural heritage study and for having its findings recorded in the register.","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Roles and responsibilities for carrying out cultural heritage study","content":"### sec.53 Roles and responsibilities for carrying out cultural heritage study\n\nAny person, including the Minister, may be the sponsor for a cultural heritage study.\nHowever—\nAboriginal parties are responsible for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and\nif the findings of a cultural heritage study are to be included in the register, the study must be carried out, and its findings put in written form, in the way this part requires.\n(sec.53-ssec.1) Any person, including the Minister, may be the sponsor for a cultural heritage study.\n(sec.53-ssec.2) However— Aboriginal parties are responsible for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and if the findings of a cultural heritage study are to be included in the register, the study must be carried out, and its findings put in written form, in the way this part requires.\n- (a) Aboriginal parties are responsible for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and\n- (b) if the findings of a cultural heritage study are to be included in the register, the study must be carried out, and its findings put in written form, in the way this part requires.","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Cultural heritage study guidelines","content":"### sec.54 Cultural heritage study guidelines\n\nThe Minister may by gazette notice notify guidelines to help people in choosing suitable methodologies for carrying out cultural heritage studies.\nHowever, a failure to conform to the guidelines is not a ground for refusing to record a cultural heritage study’s findings in the register.\nBefore notifying the guidelines, the Minister may consult with the following—\nAboriginal groups;\nindustry groups;\nlocal governments;\nother persons the Minister considers appropriate.\n(sec.54-ssec.1) The Minister may by gazette notice notify guidelines to help people in choosing suitable methodologies for carrying out cultural heritage studies.\n(sec.54-ssec.2) However, a failure to conform to the guidelines is not a ground for refusing to record a cultural heritage study’s findings in the register.\n(sec.54-ssec.3) Before notifying the guidelines, the Minister may consult with the following— Aboriginal groups; industry groups; local governments; other persons the Minister considers appropriate.\n- (a) Aboriginal groups;\n- (b) industry groups;\n- (c) local governments;\n- (d) other persons the Minister considers appropriate.","sortOrder":74},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Preparing to carry out cultural heritage study","content":"## Preparing to carry out cultural heritage study","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Reference to part of study area may be taken to include reference to whole","content":"### sec.55 Reference to part of study area may be taken to include reference to whole\n\nFor this division, a reference relating to a part of a study area may, if it is convenient to do so, be taken to include a reference to the whole of the study area.","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":"Giving of written notice (proposed study)","content":"### sec.56 Giving of written notice (proposed study)\n\nThe sponsor for a cultural heritage study must give a written notice ( written notice (proposed study) ) to—\nthe chief executive; and\neach person who is an owner or occupier of a part of the study area; and\nif, for a part of the study area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the study area; and\neach entity that is an Aboriginal cultural heritage body for a part of the study area; and\nif, for a part of the study area, there is no Aboriginal cultural heritage body and there is also no Aboriginal party that is a native title party—each entity that is a representative body for the part of the study area; and\neach local government whose local government area includes a part of the study area.\nThe written notice (proposed study) must, to the greatest practicable extent, be given simultaneously to each person to whom it is required to be given.\nIf, under subsection (1) (c) , the written notice is required to be given to a native title party for a part of the study area, the written notice may be sent to the address for service entered for the party in—\nthe register; or\nif no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.\n(sec.56-ssec.1) The sponsor for a cultural heritage study must give a written notice ( written notice (proposed study) ) to— the chief executive; and each person who is an owner or occupier of a part of the study area; and if, for a part of the study area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the study area; and each entity that is an Aboriginal cultural heritage body for a part of the study area; and if, for a part of the study area, there is no Aboriginal cultural heritage body and there is also no Aboriginal party that is a native title party—each entity that is a representative body for the part of the study area; and each local government whose local government area includes a part of the study area.\n(sec.56-ssec.2) The written notice (proposed study) must, to the greatest practicable extent, be given simultaneously to each person to whom it is required to be given.\n(sec.56-ssec.3) If, under subsection (1) (c) , the written notice is required to be given to a native title party for a part of the study area, the written notice may be sent to the address for service entered for the party in— the register; or if no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.\n- (a) the chief executive; and\n- (b) each person who is an owner or occupier of a part of the study area; and\n- (c) if, for a part of the study area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the study area; and\n- (d) each entity that is an Aboriginal cultural heritage body for a part of the study area; and\n- (e) if, for a part of the study area, there is no Aboriginal cultural heritage body and there is also no Aboriginal party that is a native title party—each entity that is a representative body for the part of the study area; and\n- (f) each local government whose local government area includes a part of the study area.\n- (a) the register; or\n- (b) if no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":"Basic information requirements for written notice (proposed study)","content":"### sec.57 Basic information requirements for written notice (proposed study)\n\nThe written notice (proposed study) must comply with the following requirements (the basic information requirements for the notice)—\nit must advise the sponsor’s name and contact details, including the sponsor’s address for service;\nit must advise that the sponsor intends to carry out the cultural heritage study;\nit must describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances.\n- (a) it must advise the sponsor’s name and contact details, including the sponsor’s address for service;\n- (b) it must advise that the sponsor intends to carry out the cultural heritage study;\n- (c) it must describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances.","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":"Additional requirements for notice to Aboriginal cultural heritage body","content":"### sec.58 Additional requirements for notice to Aboriginal cultural heritage body\n\nIf the written notice (proposed study) is given to an Aboriginal cultural heritage body, the notice must, as well as complying with the basic information requirements for the notice—\nadvise the body that if it wishes to identify an Aboriginal party to take part in the cultural heritage study, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and\nstate the notice day (proposed study) for the study, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in the cultural heritage study; and\nadvise the body that an Aboriginal party identified by the body might not be endorsed to take part in the study if the body does not give the sponsor the written notice within the required time.\nFor subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in the cultural heritage study must be—\nthe end of 30 days after the notice day (proposed study) for the study; or\na later time decided by the sponsor.\n(sec.58-ssec.1) If the written notice (proposed study) is given to an Aboriginal cultural heritage body, the notice must, as well as complying with the basic information requirements for the notice— advise the body that if it wishes to identify an Aboriginal party to take part in the cultural heritage study, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and state the notice day (proposed study) for the study, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in the cultural heritage study; and advise the body that an Aboriginal party identified by the body might not be endorsed to take part in the study if the body does not give the sponsor the written notice within the required time.\n(sec.58-ssec.2) For subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in the cultural heritage study must be— the end of 30 days after the notice day (proposed study) for the study; or a later time decided by the sponsor.\n- (a) advise the body that if it wishes to identify an Aboriginal party to take part in the cultural heritage study, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and\n- (b) state the notice day (proposed study) for the study, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in the cultural heritage study; and\n- (c) advise the body that an Aboriginal party identified by the body might not be endorsed to take part in the study if the body does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed study) for the study; or\n- (b) a later time decided by the sponsor.","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Additional requirements for notice to Aboriginal party","content":"### sec.59 Additional requirements for notice to Aboriginal party\n\nIf the written notice (proposed study) is given to an Aboriginal party, the notice must, as well as complying with the basic information requirements for the notice—\nadvise the party that if it wishes to take part in the cultural heritage study, it must give a written notice to the sponsor that the party wishes to take part in the study; and\nstate the notice day (proposed study) for the study, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and\nadvise the party that it might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\nFor subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be—\nthe end of 30 days after the notice day (proposed study) for the study; or\na later time decided by the sponsor.\n(sec.59-ssec.1) If the written notice (proposed study) is given to an Aboriginal party, the notice must, as well as complying with the basic information requirements for the notice— advise the party that if it wishes to take part in the cultural heritage study, it must give a written notice to the sponsor that the party wishes to take part in the study; and state the notice day (proposed study) for the study, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and advise the party that it might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\n(sec.59-ssec.2) For subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be— the end of 30 days after the notice day (proposed study) for the study; or a later time decided by the sponsor.\n- (a) advise the party that if it wishes to take part in the cultural heritage study, it must give a written notice to the sponsor that the party wishes to take part in the study; and\n- (b) state the notice day (proposed study) for the study, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and\n- (c) advise the party that it might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed study) for the study; or\n- (b) a later time decided by the sponsor.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Additional requirements for notice to representative body","content":"### sec.60 Additional requirements for notice to representative body\n\nIf the written notice (proposed study) is given to a representative body, the notice must, as well as complying with the basic information requirements for the notice, draw the attention of the representative body to the public notice (proposed study) published or to be published under this division.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Giving of public notice (proposed study)","content":"### sec.61 Giving of public notice (proposed study)\n\nThis section applies if, for a part of the study area (the relevant part )—\nthere is no Aboriginal cultural heritage body; and\nthere is no Aboriginal party that is a native title party for the part.\nThe sponsor must ensure that a public notice ( public notice (proposed study) ) is published in a newspaper circulating generally in the relevant part.\nIf there is an approved form for the public notice (proposed study), the notice must be in the approved form.\nThe public notice (proposed study) must be published as close as practicable to the time the written notice (proposed study) is given.\nThe public notice (proposed study) must—\nbe directed to Aboriginal parties for the relevant part; and\nadvise the sponsor’s name and contact details, including the sponsor’s address for service; and\nadvise that the sponsor intends to carry out the cultural heritage study; and\ndescribe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and\ndescribe the relevant part, if it is less extensive than the study area; and\nadvise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and\nstate the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and\nadvise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\nFor subsection (5) (g) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be—\nthe end of 30 days after the notice day (proposed study) for the study; or\na later time decided by the sponsor.\n(sec.61-ssec.1) This section applies if, for a part of the study area (the relevant part )— there is no Aboriginal cultural heritage body; and there is no Aboriginal party that is a native title party for the part.\n(sec.61-ssec.2) The sponsor must ensure that a public notice ( public notice (proposed study) ) is published in a newspaper circulating generally in the relevant part.\n(sec.61-ssec.3) If there is an approved form for the public notice (proposed study), the notice must be in the approved form.\n(sec.61-ssec.4) The public notice (proposed study) must be published as close as practicable to the time the written notice (proposed study) is given.\n(sec.61-ssec.5) The public notice (proposed study) must— be directed to Aboriginal parties for the relevant part; and advise the sponsor’s name and contact details, including the sponsor’s address for service; and advise that the sponsor intends to carry out the cultural heritage study; and describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and describe the relevant part, if it is less extensive than the study area; and advise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and advise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\n(sec.61-ssec.6) For subsection (5) (g) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in the study must be— the end of 30 days after the notice day (proposed study) for the study; or a later time decided by the sponsor.\n- (a) there is no Aboriginal cultural heritage body; and\n- (b) there is no Aboriginal party that is a native title party for the part.\n- (a) be directed to Aboriginal parties for the relevant part; and\n- (b) advise the sponsor’s name and contact details, including the sponsor’s address for service; and\n- (c) advise that the sponsor intends to carry out the cultural heritage study; and\n- (d) describe the study area for the study and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the study area’s location in relation to the nearest town, using bearings and approximate distances; and\n- (e) describe the relevant part, if it is less extensive than the study area; and\n- (f) advise that if an Aboriginal party for the relevant part wishes to take part in the study, it must give a written notice to the sponsor that the party wishes to take part in the study; and\n- (g) state the notice day (proposed study) for the study, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in the study; and\n- (h) advise that an Aboriginal party might not be endorsed to take part in the study if it does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed study) for the study; or\n- (b) a later time decided by the sponsor.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Aboriginal cultural heritage body response to written notice and endorsement for study","content":"### sec.62 Aboriginal cultural heritage body response to written notice and endorsement for study\n\nAn Aboriginal cultural heritage body given the written notice (proposed study) relating to a part of the study area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed study), advising the sponsor of the name and contact details of each Aboriginal party for the part of the area, including the party’s address for service.\nIf the sponsor receives a response from an Aboriginal cultural heritage body under subsection (1) within the time required under the written notice (proposed study), the sponsor must endorse each Aboriginal party identified in the response to take part in the cultural heritage study.\n(sec.62-ssec.1) An Aboriginal cultural heritage body given the written notice (proposed study) relating to a part of the study area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed study), advising the sponsor of the name and contact details of each Aboriginal party for the part of the area, including the party’s address for service.\n(sec.62-ssec.2) If the sponsor receives a response from an Aboriginal cultural heritage body under subsection (1) within the time required under the written notice (proposed study), the sponsor must endorse each Aboriginal party identified in the response to take part in the cultural heritage study.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Aboriginal party response to written notice and endorsement for study","content":"### sec.63 Aboriginal party response to written notice and endorsement for study\n\nAn Aboriginal party given the written notice (proposed study) relating to a part of the study area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed study), that the Aboriginal party wishes to take part in the cultural heritage study.\nIf the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the written notice (proposed study), the sponsor must endorse the Aboriginal party to take part in the cultural heritage study.\n(sec.63-ssec.1) An Aboriginal party given the written notice (proposed study) relating to a part of the study area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed study), that the Aboriginal party wishes to take part in the cultural heritage study.\n(sec.63-ssec.2) If the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the written notice (proposed study), the sponsor must endorse the Aboriginal party to take part in the cultural heritage study.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Aboriginal party response to public notice and endorsement for study","content":"### sec.64 Aboriginal party response to public notice and endorsement for study\n\nAn Aboriginal party to which a public notice (proposed study) is directed may respond by giving a written notice to the sponsor, within the time required under the public notice (proposed study), that the Aboriginal party wishes to take part in the cultural heritage study.\nIf the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the public notice (proposed study), the sponsor must endorse the Aboriginal party to take part in the cultural heritage study.\n(sec.64-ssec.1) An Aboriginal party to which a public notice (proposed study) is directed may respond by giving a written notice to the sponsor, within the time required under the public notice (proposed study), that the Aboriginal party wishes to take part in the cultural heritage study.\n(sec.64-ssec.2) If the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the public notice (proposed study), the sponsor must endorse the Aboriginal party to take part in the cultural heritage study.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Endorsement for study in absence of response","content":"### sec.65 Endorsement for study in absence of response\n\nThe sponsor is not required to endorse an Aboriginal party for the study area to take part in the cultural heritage study if a response provided for under this part has not been given to the sponsor, or has not been given to the sponsor within the required time.\nHowever, the sponsor may endorse an Aboriginal party for the study area to take part in the cultural heritage study even though the sponsor is not required to endorse the party.\n(sec.65-ssec.1) The sponsor is not required to endorse an Aboriginal party for the study area to take part in the cultural heritage study if a response provided for under this part has not been given to the sponsor, or has not been given to the sponsor within the required time.\n(sec.65-ssec.2) However, the sponsor may endorse an Aboriginal party for the study area to take part in the cultural heritage study even though the sponsor is not required to endorse the party.","sortOrder":86},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Carrying out cultural heritage study","content":"## Carrying out cultural heritage study","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Role of endorsed party","content":"### sec.66 Role of endorsed party\n\nAn endorsed party for the cultural heritage study has the role of—\nin particular, assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and\ngenerally, consulting with the sponsor about the carrying out of the cultural heritage study, and giving help and advice directed at maximising the quality and authority of the study.\nThe endorsed party’s role under subsection (1) (b) may be performed on the party’s behalf by a nominee.\n(sec.66-ssec.1) An endorsed party for the cultural heritage study has the role of— in particular, assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and generally, consulting with the sponsor about the carrying out of the cultural heritage study, and giving help and advice directed at maximising the quality and authority of the study.\n(sec.66-ssec.2) The endorsed party’s role under subsection (1) (b) may be performed on the party’s behalf by a nominee.\n- (a) in particular, assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects; and\n- (b) generally, consulting with the sponsor about the carrying out of the cultural heritage study, and giving help and advice directed at maximising the quality and authority of the study.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Role of sponsor","content":"### sec.67 Role of sponsor\n\nThe role of the sponsor for the cultural heritage study is to carry out the study—\nin consultation with the endorsed parties for the study; and\nin a way directed at maximising the quality and authority of the study.\n- (a) in consultation with the endorsed parties for the study; and\n- (b) in a way directed at maximising the quality and authority of the study.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Engagement of cultural heritage assessors","content":"### sec.68 Engagement of cultural heritage assessors\n\nThe sponsor may engage persons as cultural heritage assessors for the cultural heritage study.\nAn endorsed party for the cultural heritage study may ask the sponsor to engage a cultural heritage assessor for the study for a particular purpose.\nThe sponsor must comply with any reasonable request of an endorsed party under subsection (2) .\nHowever, the sponsor may engage a person as a cultural heritage assessor for the cultural heritage study only if the sponsor is satisfied the person is—\nan Aboriginal person for the study area; or\nan appropriately qualified person in a discipline directly relevant to the study; or\nanthropology, archaeology, history\nanother person who has particular knowledge or experience making the person suitable for engagement as a cultural heritage assessor.\nIn this section—\nAboriginal person for the study area means an Aboriginal person who has particular knowledge about traditions, observances, customs or beliefs associated with the study area, and who—\nhas responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area; or\nis a member of a family or clan group recognised as having responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area.\n(sec.68-ssec.1) The sponsor may engage persons as cultural heritage assessors for the cultural heritage study.\n(sec.68-ssec.2) An endorsed party for the cultural heritage study may ask the sponsor to engage a cultural heritage assessor for the study for a particular purpose.\n(sec.68-ssec.3) The sponsor must comply with any reasonable request of an endorsed party under subsection (2) .\n(sec.68-ssec.4) However, the sponsor may engage a person as a cultural heritage assessor for the cultural heritage study only if the sponsor is satisfied the person is— an Aboriginal person for the study area; or an appropriately qualified person in a discipline directly relevant to the study; or anthropology, archaeology, history another person who has particular knowledge or experience making the person suitable for engagement as a cultural heritage assessor.\n(sec.68-ssec.5) In this section— Aboriginal person for the study area means an Aboriginal person who has particular knowledge about traditions, observances, customs or beliefs associated with the study area, and who— has responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area; or is a member of a family or clan group recognised as having responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area.\n- (a) an Aboriginal person for the study area; or\n- (b) an appropriately qualified person in a discipline directly relevant to the study; or Examples of disciplines that would ordinarily be expected to be directly relevant— anthropology, archaeology, history\n- (c) another person who has particular knowledge or experience making the person suitable for engagement as a cultural heritage assessor.\n- (a) has responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area; or\n- (b) is a member of a family or clan group recognised as having responsibility under Aboriginal tradition for some or all of the study area, or for significant Aboriginal objects located or originating in the study area.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Role of cultural heritage assessors","content":"### sec.69 Role of cultural heritage assessors\n\nA cultural heritage assessor for the cultural heritage study has the role of giving help and advice directed at maximising the quality and authority of the cultural heritage study.\nThe cultural heritage assessor may give the help and advice only to the extent agreed to by the sponsor.\n(sec.69-ssec.1) A cultural heritage assessor for the cultural heritage study has the role of giving help and advice directed at maximising the quality and authority of the cultural heritage study.\n(sec.69-ssec.2) The cultural heritage assessor may give the help and advice only to the extent agreed to by the sponsor.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Consultation supporting cultural heritage study","content":"### sec.70 Consultation supporting cultural heritage study\n\nThe sponsor and each endorsed party for the cultural heritage study must take reasonable steps to consult with each other about carrying out the study.\nWithout limiting subsection (1) , the sponsor and an endorsed party must consult with each other on any of the following if the sponsor or endorsed party asks for the consultation—\ntiming of the cultural heritage study generally and of particular stages of the study;\naccess to particular areas;\nparticular methods of assessment activity;\nchoosing persons to be engaged as cultural heritage assessors;\nthe reasonable requirements the sponsor may have of the endorsed party, or the endorsed party may have of the sponsor, for the carrying out of the study.\nThe sponsor must also consult with the owner or occupier of land about obtaining access to the land if the access is reasonably required for carrying out the study.\n(sec.70-ssec.1) The sponsor and each endorsed party for the cultural heritage study must take reasonable steps to consult with each other about carrying out the study.\n(sec.70-ssec.2) Without limiting subsection (1) , the sponsor and an endorsed party must consult with each other on any of the following if the sponsor or endorsed party asks for the consultation— timing of the cultural heritage study generally and of particular stages of the study; access to particular areas; particular methods of assessment activity; choosing persons to be engaged as cultural heritage assessors; the reasonable requirements the sponsor may have of the endorsed party, or the endorsed party may have of the sponsor, for the carrying out of the study.\n(sec.70-ssec.3) The sponsor must also consult with the owner or occupier of land about obtaining access to the land if the access is reasonably required for carrying out the study.\n- (a) timing of the cultural heritage study generally and of particular stages of the study;\n- (b) access to particular areas;\n- (c) particular methods of assessment activity;\n- (d) choosing persons to be engaged as cultural heritage assessors;\n- (e) the reasonable requirements the sponsor may have of the endorsed party, or the endorsed party may have of the sponsor, for the carrying out of the study.","sortOrder":92},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Recording by chief executive","content":"## Recording by chief executive","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Giving of cultural heritage study to chief executive for recording","content":"### sec.71 Giving of cultural heritage study to chief executive for recording\n\nThe sponsor may give the cultural heritage study to the chief executive to record its findings in the register when the sponsor is satisfied that—\nthe study has been completed to the extent that is reasonably practicable in the circumstances; and\nthe study’s findings are in order for recording in the register.\nThe chief executive may, under this part—\nrecord the findings of the study in the register; or\nrefuse to record the findings of the study in the register.\nSubsection (2) does not authorise the chief executive to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\n(sec.71-ssec.1) The sponsor may give the cultural heritage study to the chief executive to record its findings in the register when the sponsor is satisfied that— the study has been completed to the extent that is reasonably practicable in the circumstances; and the study’s findings are in order for recording in the register.\n(sec.71-ssec.2) The chief executive may, under this part— record the findings of the study in the register; or refuse to record the findings of the study in the register.\n(sec.71-ssec.3) Subsection (2) does not authorise the chief executive to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\n- (a) the study has been completed to the extent that is reasonably practicable in the circumstances; and\n- (b) the study’s findings are in order for recording in the register.\n- (a) record the findings of the study in the register; or\n- (b) refuse to record the findings of the study in the register.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Consideration of cultural heritage study before recording","content":"### sec.72 Consideration of cultural heritage study before recording\n\nIn considering whether to record the findings of the cultural heritage study, the chief executive—\nmust have regard to the results and nature of consultation that has happened for the purposes of the study between the sponsor and endorsed parties; and\nmay seek expert advice about the study from any appropriate source; and\nmay consult with any of the following about the study—\nendorsed parties for the study;\ncultural heritage assessors for the study;\nowners and occupiers of land included in the study area;\nland users of land included in the study area;\nlocal governments whose local government areas include a part of the study area.\nWithout limiting subsection (1) (b) and (c) , expert advice and consultation may be about the soundness and viability of recommendations included in the cultural heritage study.\n(sec.72-ssec.1) In considering whether to record the findings of the cultural heritage study, the chief executive— must have regard to the results and nature of consultation that has happened for the purposes of the study between the sponsor and endorsed parties; and may seek expert advice about the study from any appropriate source; and may consult with any of the following about the study— endorsed parties for the study; cultural heritage assessors for the study; owners and occupiers of land included in the study area; land users of land included in the study area; local governments whose local government areas include a part of the study area.\n(sec.72-ssec.2) Without limiting subsection (1) (b) and (c) , expert advice and consultation may be about the soundness and viability of recommendations included in the cultural heritage study.\n- (a) must have regard to the results and nature of consultation that has happened for the purposes of the study between the sponsor and endorsed parties; and\n- (b) may seek expert advice about the study from any appropriate source; and\n- (c) may consult with any of the following about the study— (i) endorsed parties for the study; (ii) cultural heritage assessors for the study; (iii) owners and occupiers of land included in the study area; (iv) land users of land included in the study area; (v) local governments whose local government areas include a part of the study area.\n- (i) endorsed parties for the study;\n- (ii) cultural heritage assessors for the study;\n- (iii) owners and occupiers of land included in the study area;\n- (iv) land users of land included in the study area;\n- (v) local governments whose local government areas include a part of the study area.\n- (i) endorsed parties for the study;\n- (ii) cultural heritage assessors for the study;\n- (iii) owners and occupiers of land included in the study area;\n- (iv) land users of land included in the study area;\n- (v) local governments whose local government areas include a part of the study area.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Requirements for recording cultural heritage study","content":"### sec.73 Requirements for recording cultural heritage study\n\nTo record the findings of the cultural heritage study in the register, the chief executive must be satisfied that—\nthe sponsor has complied with the procedures and other requirements stated in this part for the carrying out of the cultural heritage study; and\nthe findings and other information included in the cultural heritage study, including the study’s recommendations, are consistent with authoritative anthropological, biogeographical, historical and archaeological information about the study area; and\nthe cultural heritage study includes the information and other material needed for recording the study’s findings under part 5 , division 2 ; and\nthe cultural heritage study also includes the following—\nan explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land;\na summarising statement about the existence of Aboriginal cultural heritage in the study area;\ndocumented evidence about whether recommendations included in the study for future management of Aboriginal cultural heritage have been agreed with affected land owners and occupiers;\na description of assessment activities carried out for the study;\nthe signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register;\nthe extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register;\ndetails of each endorsed party for the study who did not in fact take part in the study.\nIf the chief executive is satisfied under subsection (1) , the chief executive must record the findings of the cultural heritage study in the register.\n(sec.73-ssec.1) To record the findings of the cultural heritage study in the register, the chief executive must be satisfied that— the sponsor has complied with the procedures and other requirements stated in this part for the carrying out of the cultural heritage study; and the findings and other information included in the cultural heritage study, including the study’s recommendations, are consistent with authoritative anthropological, biogeographical, historical and archaeological information about the study area; and the cultural heritage study includes the information and other material needed for recording the study’s findings under part 5 , division 2 ; and the cultural heritage study also includes the following— an explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land; a summarising statement about the existence of Aboriginal cultural heritage in the study area; documented evidence about whether recommendations included in the study for future management of Aboriginal cultural heritage have been agreed with affected land owners and occupiers; a description of assessment activities carried out for the study; the signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register; the extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register; details of each endorsed party for the study who did not in fact take part in the study.\n(sec.73-ssec.2) If the chief executive is satisfied under subsection (1) , the chief executive must record the findings of the cultural heritage study in the register.\n- (a) the sponsor has complied with the procedures and other requirements stated in this part for the carrying out of the cultural heritage study; and\n- (b) the findings and other information included in the cultural heritage study, including the study’s recommendations, are consistent with authoritative anthropological, biogeographical, historical and archaeological information about the study area; and\n- (c) the cultural heritage study includes the information and other material needed for recording the study’s findings under part 5 , division 2 ; and\n- (d) the cultural heritage study also includes the following— (i) an explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land; (ii) a summarising statement about the existence of Aboriginal cultural heritage in the study area; (iii) documented evidence about whether recommendations included in the study for future management of Aboriginal cultural heritage have been agreed with affected land owners and occupiers; (iv) a description of assessment activities carried out for the study; (v) the signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register; (vi) the extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register; (vii) details of each endorsed party for the study who did not in fact take part in the study.\n- (i) an explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land;\n- (ii) a summarising statement about the existence of Aboriginal cultural heritage in the study area;\n- (iii) documented evidence about whether recommendations included in the study for future management of Aboriginal cultural heritage have been agreed with affected land owners and occupiers;\n- (iv) a description of assessment activities carried out for the study;\n- (v) the signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register;\n- (vi) the extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register;\n- (vii) details of each endorsed party for the study who did not in fact take part in the study.\n- (i) an explanation of how lawful access to the study area was achieved for carrying out the study, including details of any law, or of any oral or written authority given by an owner or occupier of land in the study area, authorising access to the land;\n- (ii) a summarising statement about the existence of Aboriginal cultural heritage in the study area;\n- (iii) documented evidence about whether recommendations included in the study for future management of Aboriginal cultural heritage have been agreed with affected land owners and occupiers;\n- (iv) a description of assessment activities carried out for the study;\n- (v) the signature of each endorsed party for the study, or the party’s nominee, who is stated in the study to be in support of information and other matters in the study, and of the recording of some or all of the study’s findings in the register;\n- (vi) the extent to which any endorsed party for the study does not agree with the recording of the study’s findings in the register;\n- (vii) details of each endorsed party for the study who did not in fact take part in the study.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Recording or refusing to record findings of cultural heritage study","content":"### sec.74 Recording or refusing to record findings of cultural heritage study\n\nWhen the chief executive records, or refuses to record, the findings of the cultural heritage study in the register, the chief executive must give written notice of the recording, or refusal to record, to—\nthe sponsor; and\neach person who is an owner or occupier of a part of the study area; and\neach local government whose local government area includes a part of the study area; and\neach endorsed party for the study; and\neach Aboriginal cultural heritage body for a part of the study area.\nThe recording of findings in the register is not ineffective only because—\nit is open to a person under division 5 to object to the recording of the findings; or\na person entitled to a written notice under subsection (1) does not receive the notice.\nIf the chief executive refuses to record the findings of the cultural heritage study in the register, the chief executive must include in each written notice given under subsection (1) a statement of the chief executive’s reasons for refusing to record the findings.\n(sec.74-ssec.1) When the chief executive records, or refuses to record, the findings of the cultural heritage study in the register, the chief executive must give written notice of the recording, or refusal to record, to— the sponsor; and each person who is an owner or occupier of a part of the study area; and each local government whose local government area includes a part of the study area; and each endorsed party for the study; and each Aboriginal cultural heritage body for a part of the study area.\n(sec.74-ssec.2) The recording of findings in the register is not ineffective only because— it is open to a person under division 5 to object to the recording of the findings; or a person entitled to a written notice under subsection (1) does not receive the notice.\n(sec.74-ssec.3) If the chief executive refuses to record the findings of the cultural heritage study in the register, the chief executive must include in each written notice given under subsection (1) a statement of the chief executive’s reasons for refusing to record the findings.\n- (a) the sponsor; and\n- (b) each person who is an owner or occupier of a part of the study area; and\n- (c) each local government whose local government area includes a part of the study area; and\n- (d) each endorsed party for the study; and\n- (e) each Aboriginal cultural heritage body for a part of the study area.\n- (a) it is open to a person under division 5 to object to the recording of the findings; or\n- (b) a person entitled to a written notice under subsection (1) does not receive the notice.","sortOrder":97},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Objections, hearing and recommendation","content":"## Objections, hearing and recommendation","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Definitions for div 5","content":"### sec.75 Definitions for div 5\n\nIn this division—\nappeal period , for a recording of the findings of the cultural heritage study in the register, or for a refusal to record the findings of the cultural heritage study in the register, means the 30 days immediately after the day the chief executive gives the written notice notifying the recording or the refusal to record.\nparty , to an objection to a recording of the findings of the cultural heritage study in the register, or a refusal to record the findings of the cultural heritage study in the register, means each of the following—\nthe person who filed the objection with the Land Court;\neach other person who would have been entitled to object to the Land Court to the recording or the refusal;\nthe chief executive.\ns 75 def party amd 2007 No. 39 s 41 sch\n- (a) the person who filed the objection with the Land Court;\n- (b) each other person who would have been entitled to object to the Land Court to the recording or the refusal;\n- (c) the chief executive.","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"Objection to refusal to record findings","content":"### sec.76 Objection to refusal to record findings\n\nA person may object to the Land Court to—\nthe chief executive’s recording in the register of the findings of the cultural heritage study; or\nthe chief executive’s refusal to record in the register the findings of the cultural heritage study.\nHowever, to object, the person (the objector ) must be—\nthe sponsor for the study; or\nan endorsed party for the study; or\na person who is an owner or occupier of a part of the study area; or\na local government whose local government area includes a part of the study area.\nThe objector must file the objection with the Land Court within the appeal period.\nThe objector must, in filing the objection with the Land Court, identify for the Land Court the names and contact details of all other persons who the objector understands to be parties to the objection.\nAs soon as practicable after receiving the objection from the objector, the Land Court must—\ntake all reasonable steps to identify all other parties to the objection; and\nadvise them of the objection.\nThe chief executive must give the Land Court all the help the chief executive can reasonably give to identify the parties to the objection.\nThe Land Court must take all reasonable steps to keep all parties to the objection informed about when the hearing of the objection is to be held.\ns 76 amd 2007 No. 39 s 41 sch\n(sec.76-ssec.1) A person may object to the Land Court to— the chief executive’s recording in the register of the findings of the cultural heritage study; or the chief executive’s refusal to record in the register the findings of the cultural heritage study.\n(sec.76-ssec.2) However, to object, the person (the objector ) must be— the sponsor for the study; or an endorsed party for the study; or a person who is an owner or occupier of a part of the study area; or a local government whose local government area includes a part of the study area.\n(sec.76-ssec.3) The objector must file the objection with the Land Court within the appeal period.\n(sec.76-ssec.4) The objector must, in filing the objection with the Land Court, identify for the Land Court the names and contact details of all other persons who the objector understands to be parties to the objection.\n(sec.76-ssec.5) As soon as practicable after receiving the objection from the objector, the Land Court must— take all reasonable steps to identify all other parties to the objection; and advise them of the objection.\n(sec.76-ssec.6) The chief executive must give the Land Court all the help the chief executive can reasonably give to identify the parties to the objection.\n(sec.76-ssec.7) The Land Court must take all reasonable steps to keep all parties to the objection informed about when the hearing of the objection is to be held.\n- (a) the chief executive’s recording in the register of the findings of the cultural heritage study; or\n- (b) the chief executive’s refusal to record in the register the findings of the cultural heritage study.\n- (a) the sponsor for the study; or\n- (b) an endorsed party for the study; or\n- (c) a person who is an owner or occupier of a part of the study area; or\n- (d) a local government whose local government area includes a part of the study area.\n- (a) take all reasonable steps to identify all other parties to the objection; and\n- (b) advise them of the objection.","sortOrder":100},{"sectionNumber":"sec.77","sectionType":"section","heading":"Land Court’s hearing","content":"### sec.77 Land Court’s hearing\n\nThe Land Court must hold a hearing of the objection.\nAll parties to the objection have the right to be heard at the hearing.\ns 77 amd 2007 No. 39 s 41 sch\n(sec.77-ssec.1) The Land Court must hold a hearing of the objection.\n(sec.77-ssec.2) All parties to the objection have the right to be heard at the hearing.","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Land Court’s recommendation to Minister","content":"### sec.78 Land Court’s recommendation to Minister\n\nAfter the hearing has been completed, the Land Court must recommend to the Minister—\nif the objection was to a recording of the findings of the cultural heritage study in the register—\nthat the Minister confirm the recording of the findings of the study in the register; or\nthat the Minister take the findings of the study out of the register; or\nthat the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or\nif the objection was to a refusal to record the findings of the cultural heritage study in the register—\nthat the Minister confirm the refusal to record the findings of the study in the register; or\nthat the Minister record the findings of the study in the register; or\nthat the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.\nSubsection (1) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the cultural heritage study.\nFor making a recommendation to the Minister about the cultural heritage study, the Land Court—\nmust have regard to the matters about which the chief executive was required to be satisfied before recording the findings of the study; and\nmay include in its considerations the nature and extent of consultation held in carrying out the study.\nSubsection (1) does not authorise the Land Court to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\ns 78 amd 2007 No. 39 s 41 sch\n(sec.78-ssec.1) After the hearing has been completed, the Land Court must recommend to the Minister— if the objection was to a recording of the findings of the cultural heritage study in the register— that the Minister confirm the recording of the findings of the study in the register; or that the Minister take the findings of the study out of the register; or that the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or if the objection was to a refusal to record the findings of the cultural heritage study in the register— that the Minister confirm the refusal to record the findings of the study in the register; or that the Minister record the findings of the study in the register; or that the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.\n(sec.78-ssec.2) Subsection (1) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the cultural heritage study.\n(sec.78-ssec.3) For making a recommendation to the Minister about the cultural heritage study, the Land Court— must have regard to the matters about which the chief executive was required to be satisfied before recording the findings of the study; and may include in its considerations the nature and extent of consultation held in carrying out the study.\n(sec.78-ssec.4) Subsection (1) does not authorise the Land Court to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\n- (a) if the objection was to a recording of the findings of the cultural heritage study in the register— (i) that the Minister confirm the recording of the findings of the study in the register; or (ii) that the Minister take the findings of the study out of the register; or (iii) that the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or\n- (i) that the Minister confirm the recording of the findings of the study in the register; or\n- (ii) that the Minister take the findings of the study out of the register; or\n- (iii) that the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or\n- (b) if the objection was to a refusal to record the findings of the cultural heritage study in the register— (i) that the Minister confirm the refusal to record the findings of the study in the register; or (ii) that the Minister record the findings of the study in the register; or (iii) that the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.\n- (i) that the Minister confirm the refusal to record the findings of the study in the register; or\n- (ii) that the Minister record the findings of the study in the register; or\n- (iii) that the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.\n- (i) that the Minister confirm the recording of the findings of the study in the register; or\n- (ii) that the Minister take the findings of the study out of the register; or\n- (iii) that the Minister amend the findings recorded in the register in accordance with details included in the recommendation; or\n- (i) that the Minister confirm the refusal to record the findings of the study in the register; or\n- (ii) that the Minister record the findings of the study in the register; or\n- (iii) that the Minister record the findings of the study in the register after amendment of the findings in accordance with details included in the recommendation.\n- (a) must have regard to the matters about which the chief executive was required to be satisfied before recording the findings of the study; and\n- (b) may include in its considerations the nature and extent of consultation held in carrying out the study.","sortOrder":102},{"sectionNumber":"pt.6-div.6","sectionType":"division","heading":"Recording by Minister","content":"## Recording by Minister","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":"Recording or refusing to record findings of cultural heritage study","content":"### sec.79 Recording or refusing to record findings of cultural heritage study\n\nOn receiving a recommendation from the Land Court under division 5 , the Minister may—\nif the objection was to a recording of the findings of the cultural heritage study in the register—\nconfirm the recording of the findings; or\ntake the findings of the study out of the register; or\namend the findings recorded in the register in the way the Minister considers appropriate; or\nif the objection was to a refusal to record the findings of the cultural heritage study in the register—\nconfirm the refusal to record the findings; or\nrecord the findings; or\nrecord the findings after amendment in the way the Minister considers appropriate.\nHowever, in deciding what action to take, the Minister must have regard to—\nthe Land Court’s recommendation; and\nthe matters about which the chief executive was required to be satisfied before recording the findings of the study.\nSubsection (1) does not authorise the Minister to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\ns 79 amd 2007 No. 39 s 41 sch\n(sec.79-ssec.1) On receiving a recommendation from the Land Court under division 5 , the Minister may— if the objection was to a recording of the findings of the cultural heritage study in the register— confirm the recording of the findings; or take the findings of the study out of the register; or amend the findings recorded in the register in the way the Minister considers appropriate; or if the objection was to a refusal to record the findings of the cultural heritage study in the register— confirm the refusal to record the findings; or record the findings; or record the findings after amendment in the way the Minister considers appropriate.\n(sec.79-ssec.2) However, in deciding what action to take, the Minister must have regard to— the Land Court’s recommendation; and the matters about which the chief executive was required to be satisfied before recording the findings of the study.\n(sec.79-ssec.3) Subsection (1) does not authorise the Minister to assume the role of an endorsed party for the study for assessing the level of significance of areas and objects included in the study area that are or appear to be significant Aboriginal areas and significant Aboriginal objects.\n- (a) if the objection was to a recording of the findings of the cultural heritage study in the register— (i) confirm the recording of the findings; or (ii) take the findings of the study out of the register; or (iii) amend the findings recorded in the register in the way the Minister considers appropriate; or\n- (i) confirm the recording of the findings; or\n- (ii) take the findings of the study out of the register; or\n- (iii) amend the findings recorded in the register in the way the Minister considers appropriate; or\n- (b) if the objection was to a refusal to record the findings of the cultural heritage study in the register— (i) confirm the refusal to record the findings; or (ii) record the findings; or (iii) record the findings after amendment in the way the Minister considers appropriate.\n- (i) confirm the refusal to record the findings; or\n- (ii) record the findings; or\n- (iii) record the findings after amendment in the way the Minister considers appropriate.\n- (i) confirm the recording of the findings; or\n- (ii) take the findings of the study out of the register; or\n- (iii) amend the findings recorded in the register in the way the Minister considers appropriate; or\n- (i) confirm the refusal to record the findings; or\n- (ii) record the findings; or\n- (iii) record the findings after amendment in the way the Minister considers appropriate.\n- (a) the Land Court’s recommendation; and\n- (b) the matters about which the chief executive was required to be satisfied before recording the findings of the study.","sortOrder":104},{"sectionNumber":"pt.7","sectionType":"part","heading":"Cultural heritage management plans","content":"# Cultural heritage management plans","sortOrder":105},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":106},{"sectionNumber":"sec.80","sectionType":"section","heading":"When cultural heritage management plan is or may be required— div 2","content":"### sec.80 When cultural heritage management plan is or may be required— div 2\n\nDivision 2 provides for when a cultural heritage management plan is or may be required to be developed and approved for a project.","sortOrder":107},{"sectionNumber":"sec.81","sectionType":"section","heading":"Requirements for developing cultural heritage management plan and having it approved— divs 3 to 7","content":"### sec.81 Requirements for developing cultural heritage management plan and having it approved— divs 3 to 7\n\nDivisions 3 to 7 state the requirements for developing a cultural heritage management plan for a project and for having the plan approved for the project.","sortOrder":108},{"sectionNumber":"sec.82","sectionType":"section","heading":"Responsibility for developing cultural heritage management plan","content":"### sec.82 Responsibility for developing cultural heritage management plan\n\nAny person, including the Minister, may be the sponsor for a cultural heritage management plan.","sortOrder":109},{"sectionNumber":"sec.83","sectionType":"section","heading":"Voluntary development of cultural heritage management plan","content":"### sec.83 Voluntary development of cultural heritage management plan\n\nA person may, under this Act, develop and gain approval of a cultural heritage management plan even though there is no legal requirement for the plan.\nA person may seek to have an approved cultural heritage management plan in place to help the person avoid breaching the cultural heritage duty of care.","sortOrder":110},{"sectionNumber":"sec.84","sectionType":"section","heading":"Approved cultural heritage management plan may not require particular action","content":"### sec.84 Approved cultural heritage management plan may not require particular action\n\nIn appropriate circumstances, a cultural heritage management plan developed and approved under this Act for a project may be to the effect that there are, for the project, no particular requirements for managing the impact of activities on Aboriginal cultural heritage.","sortOrder":111},{"sectionNumber":"sec.85","sectionType":"section","heading":"Cultural heritage management plan guidelines","content":"### sec.85 Cultural heritage management plan guidelines\n\nThe Minister may by gazette notice notify guidelines to help people in choosing suitable methodologies for developing cultural heritage management plans.\nHowever, a failure to conform to the guidelines is not a ground for refusing to approve a cultural heritage management plan.\nBefore notifying the guidelines, the Minister may consult with the following—\nAboriginal groups;\nindustry groups;\nlocal governments;\nother persons the Minister considers appropriate.\n(sec.85-ssec.1) The Minister may by gazette notice notify guidelines to help people in choosing suitable methodologies for developing cultural heritage management plans.\n(sec.85-ssec.2) However, a failure to conform to the guidelines is not a ground for refusing to approve a cultural heritage management plan.\n(sec.85-ssec.3) Before notifying the guidelines, the Minister may consult with the following— Aboriginal groups; industry groups; local governments; other persons the Minister considers appropriate.\n- (a) Aboriginal groups;\n- (b) industry groups;\n- (c) local governments;\n- (d) other persons the Minister considers appropriate.","sortOrder":112},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Protection of cultural heritage under cultural heritage management plans","content":"## Protection of cultural heritage under cultural heritage management plans","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application of div 2","content":"### sec.86 Application of div 2\n\nThis division does not apply to a project to the extent the project is the subject of—\nan existing agreement; or\na native title agreement, whenever entered into, unless Aboriginal cultural heritage is expressly excluded from being subject to the agreement.\n- (a) an existing agreement; or\n- (b) a native title agreement, whenever entered into, unless Aboriginal cultural heritage is expressly excluded from being subject to the agreement.","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Cultural heritage management plan needed if EIS needed","content":"### sec.87 Cultural heritage management plan needed if EIS needed\n\nThis section applies to a project if—\nunder an Act other than this Act, a lease, licence, permit, approval or other authority is required for the project; and\nunder the operation of the Act under which the authority is required, or under the operation of another Act, an EIS is required for the project.\nThe entity authorised to give the authority must not give it unless—\na cultural heritage management plan for the project has been developed and approved under this Act; or\nthe authority is given subject to conditions to ensure that no excavation, construction or other activity that may cause harm to Aboriginal cultural heritage takes place for the project without the development and approval of a cultural heritage management plan for the project.\nThe entity authorised to give the authority has power to impose conditions mentioned in subsection (2) (b) .\nThe plan area for a cultural heritage management plan developed and approved for subsection (2) may be limited to the part of the project area that is the subject of the EIS.\n(sec.87-ssec.1) This section applies to a project if— under an Act other than this Act, a lease, licence, permit, approval or other authority is required for the project; and under the operation of the Act under which the authority is required, or under the operation of another Act, an EIS is required for the project.\n(sec.87-ssec.2) The entity authorised to give the authority must not give it unless— a cultural heritage management plan for the project has been developed and approved under this Act; or the authority is given subject to conditions to ensure that no excavation, construction or other activity that may cause harm to Aboriginal cultural heritage takes place for the project without the development and approval of a cultural heritage management plan for the project.\n(sec.87-ssec.3) The entity authorised to give the authority has power to impose conditions mentioned in subsection (2) (b) .\n(sec.87-ssec.4) The plan area for a cultural heritage management plan developed and approved for subsection (2) may be limited to the part of the project area that is the subject of the EIS.\n- (a) under an Act other than this Act, a lease, licence, permit, approval or other authority is required for the project; and\n- (b) under the operation of the Act under which the authority is required, or under the operation of another Act, an EIS is required for the project.\n- (a) a cultural heritage management plan for the project has been developed and approved under this Act; or\n- (b) the authority is given subject to conditions to ensure that no excavation, construction or other activity that may cause harm to Aboriginal cultural heritage takes place for the project without the development and approval of a cultural heritage management plan for the project.","sortOrder":115},{"sectionNumber":"sec.88","sectionType":"section","heading":"Cultural heritage management plan may be needed if other environmental authority needed","content":"### sec.88 Cultural heritage management plan may be needed if other environmental authority needed\n\nThis section applies to a project if—\nunder an Act other than this Act—\na lease, licence, permit, approval or other authority is required for the project; and\nunder the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and\nthe project is a project, or a project of a type, prescribed under a regulation for this section.\nThe entity authorised to give the authority must not give the authority unless—\na cultural heritage management plan for the project has been developed and approved under this Act; or\nthe authority is given subject to conditions to ensure that no excavation or construction takes place for the project without the development and approval of a cultural heritage management plan for the project.\nThe entity authorised to give the authority has power to impose conditions mentioned in subsection (2) (b) .\nThe plan area for a cultural heritage management plan approved for subsection (2) may be limited to the part of the project area that is the subject of the environmental assessment.\nThe Minister may recommend the making of a regulation under subsection (1) (b) only if the Minister is satisfied the project or type of project will have a significant impact on Aboriginal cultural heritage.\nIn this section—\nenvironmental assessment means a form of environmental assessment or planning, not including an EIS.\ns 88 amd 2012 No. 16 s 78 sch\n(sec.88-ssec.1) This section applies to a project if— under an Act other than this Act— a lease, licence, permit, approval or other authority is required for the project; and under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and the project is a project, or a project of a type, prescribed under a regulation for this section.\n(sec.88-ssec.2) The entity authorised to give the authority must not give the authority unless— a cultural heritage management plan for the project has been developed and approved under this Act; or the authority is given subject to conditions to ensure that no excavation or construction takes place for the project without the development and approval of a cultural heritage management plan for the project.\n(sec.88-ssec.3) The entity authorised to give the authority has power to impose conditions mentioned in subsection (2) (b) .\n(sec.88-ssec.4) The plan area for a cultural heritage management plan approved for subsection (2) may be limited to the part of the project area that is the subject of the environmental assessment.\n(sec.88-ssec.5) The Minister may recommend the making of a regulation under subsection (1) (b) only if the Minister is satisfied the project or type of project will have a significant impact on Aboriginal cultural heritage.\n(sec.88-ssec.6) In this section— environmental assessment means a form of environmental assessment or planning, not including an EIS.\n- (a) under an Act other than this Act— (i) a lease, licence, permit, approval or other authority is required for the project; and (ii) under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and\n- (i) a lease, licence, permit, approval or other authority is required for the project; and\n- (ii) under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and\n- (b) the project is a project, or a project of a type, prescribed under a regulation for this section.\n- (i) a lease, licence, permit, approval or other authority is required for the project; and\n- (ii) under the operation of the Act under which the authority is required, or under the operation of another Act, an environmental assessment is required for the project; and\n- (a) a cultural heritage management plan for the project has been developed and approved under this Act; or\n- (b) the authority is given subject to conditions to ensure that no excavation or construction takes place for the project without the development and approval of a cultural heritage management plan for the project.","sortOrder":116},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 amd 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 4","sortOrder":117},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Preparing to develop cultural heritage management plan","content":"## Preparing to develop cultural heritage management plan","sortOrder":118},{"sectionNumber":"sec.90","sectionType":"section","heading":"Reference to part of plan area may be taken to include reference to whole","content":"### sec.90 Reference to part of plan area may be taken to include reference to whole\n\nFor this division, a reference relating to a part of a plan area may, if it is convenient to do so, be taken to include a reference to the whole of the plan area.","sortOrder":119},{"sectionNumber":"sec.91","sectionType":"section","heading":"Giving of written notice (proposed plan)","content":"### sec.91 Giving of written notice (proposed plan)\n\nThe sponsor for a cultural heritage management plan must give a written notice ( written notice (proposed plan) ) to—\nthe chief executive; and\neach person who is an owner or occupier of a part of the plan area; and\nif, for a part of the plan area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the plan area; and\neach entity that is an Aboriginal cultural heritage body for a part of the plan area; and\nif, for a part of the plan area, there is no Aboriginal party that is a native title party, and there is also no Aboriginal cultural heritage body—each entity that is a representative body for the part of the plan area.\nThe written notice (proposed plan) must, to the greatest practicable extent, be given simultaneously to each person to whom it is required to be given.\nHowever, the person required to be notified under subsection (1) (b) may be given the notice simultaneously with another notice given to the person in relation to the project under another Act.\nIf, under subsection (1) (c) , the written notice is required to be given to a native title party for a part of the plan area, the written notice may be sent to the address for service entered for the native title party in—\nthe register; or\nif no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.\n(sec.91-ssec.1) The sponsor for a cultural heritage management plan must give a written notice ( written notice (proposed plan) ) to— the chief executive; and each person who is an owner or occupier of a part of the plan area; and if, for a part of the plan area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the plan area; and each entity that is an Aboriginal cultural heritage body for a part of the plan area; and if, for a part of the plan area, there is no Aboriginal party that is a native title party, and there is also no Aboriginal cultural heritage body—each entity that is a representative body for the part of the plan area.\n(sec.91-ssec.2) The written notice (proposed plan) must, to the greatest practicable extent, be given simultaneously to each person to whom it is required to be given.\n(sec.91-ssec.3) However, the person required to be notified under subsection (1) (b) may be given the notice simultaneously with another notice given to the person in relation to the project under another Act.\n(sec.91-ssec.4) If, under subsection (1) (c) , the written notice is required to be given to a native title party for a part of the plan area, the written notice may be sent to the address for service entered for the native title party in— the register; or if no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.\n- (a) the chief executive; and\n- (b) each person who is an owner or occupier of a part of the plan area; and\n- (c) if, for a part of the plan area, there is no Aboriginal cultural heritage body—each Aboriginal party that is a native title party for the part of the plan area; and\n- (d) each entity that is an Aboriginal cultural heritage body for a part of the plan area; and\n- (e) if, for a part of the plan area, there is no Aboriginal party that is a native title party, and there is also no Aboriginal cultural heritage body—each entity that is a representative body for the part of the plan area.\n- (a) the register; or\n- (b) if no address for service is entered in the register, but an address for service is entered in the National Native Title Register or the Register of Native Title Claims—the National Native Title Register or the Register of Native Title Claims.","sortOrder":120},{"sectionNumber":"sec.92","sectionType":"section","heading":"Basic information requirements for written notice (proposed plan)","content":"### sec.92 Basic information requirements for written notice (proposed plan)\n\nThe written notice (proposed plan) must comply with the following requirements (the basic information requirements for the notice)—\nit must advise the sponsor’s name and contact details, including the sponsor’s address for service;\nit must identify the project;\nit must advise that the sponsor intends to develop the cultural heritage management plan for the project;\nit must describe the plan area for the plan and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the plan area’s location in relation to the nearest town, using bearings and approximate distances.\n- (a) it must advise the sponsor’s name and contact details, including the sponsor’s address for service;\n- (b) it must identify the project;\n- (c) it must advise that the sponsor intends to develop the cultural heritage management plan for the project;\n- (d) it must describe the plan area for the plan and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the plan area’s location in relation to the nearest town, using bearings and approximate distances.","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"Additional requirements for notice to Aboriginal cultural heritage body","content":"### sec.93 Additional requirements for notice to Aboriginal cultural heritage body\n\nIf the written notice (proposed plan) is given to an Aboriginal cultural heritage body, the notice must, as well as complying with the basic information requirements for the notice—\nadvise the body that if it wishes to identify an Aboriginal party to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and\nstate the notice day (proposed plan) for the plan, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in developing the plan; and\nadvise the body that an Aboriginal party identified by the body might not be endorsed to take part in developing the plan if the body does not give the sponsor the written notice within the required time.\nFor subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in developing the plan must be—\nthe end of 30 days after the notice day (proposed plan) for the plan; or\na later time decided by the sponsor.\n(sec.93-ssec.1) If the written notice (proposed plan) is given to an Aboriginal cultural heritage body, the notice must, as well as complying with the basic information requirements for the notice— advise the body that if it wishes to identify an Aboriginal party to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and state the notice day (proposed plan) for the plan, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in developing the plan; and advise the body that an Aboriginal party identified by the body might not be endorsed to take part in developing the plan if the body does not give the sponsor the written notice within the required time.\n(sec.93-ssec.2) For subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in developing the plan must be— the end of 30 days after the notice day (proposed plan) for the plan; or a later time decided by the sponsor.\n- (a) advise the body that if it wishes to identify an Aboriginal party to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor identifying the party and giving the party’s contact details; and\n- (b) state the notice day (proposed plan) for the plan, and advise the body of the time by which the sponsor must be given the written notice identifying an Aboriginal party to take part in developing the plan; and\n- (c) advise the body that an Aboriginal party identified by the body might not be endorsed to take part in developing the plan if the body does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed plan) for the plan; or\n- (b) a later time decided by the sponsor.","sortOrder":122},{"sectionNumber":"sec.94","sectionType":"section","heading":"Additional requirements for notice to Aboriginal party","content":"### sec.94 Additional requirements for notice to Aboriginal party\n\nIf the written notice (proposed plan) is given to an Aboriginal party, the notice must, as well as complying with the basic information requirements for the notice—\nadvise the party that if it wishes to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and\nstate the notice day (proposed plan) for the plan, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and\nadvise the party that it might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\nFor subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be—\nthe end of 30 days after the notice day (proposed plan) for the plan; or\na later time decided by the sponsor.\n(sec.94-ssec.1) If the written notice (proposed plan) is given to an Aboriginal party, the notice must, as well as complying with the basic information requirements for the notice— advise the party that if it wishes to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and state the notice day (proposed plan) for the plan, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and advise the party that it might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\n(sec.94-ssec.2) For subsection (1) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be— the end of 30 days after the notice day (proposed plan) for the plan; or a later time decided by the sponsor.\n- (a) advise the party that if it wishes to take part in developing the cultural heritage management plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and\n- (b) state the notice day (proposed plan) for the plan, and advise the party of the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and\n- (c) advise the party that it might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed plan) for the plan; or\n- (b) a later time decided by the sponsor.","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Additional requirements for notice to representative body","content":"### sec.95 Additional requirements for notice to representative body\n\nIf the written notice (proposed plan) is given to a representative body, the notice must, as well as complying with the basic information requirements for the notice, draw the attention of the representative body to the public notice (proposed plan) published or to be published under this division.","sortOrder":124},{"sectionNumber":"sec.96","sectionType":"section","heading":"Giving of public notice (proposed plan)","content":"### sec.96 Giving of public notice (proposed plan)\n\nThis section applies if, for a part of the plan area (the relevant part )—\nthere is no Aboriginal cultural heritage body; and\nthere is no Aboriginal party that is a native title party.\nThe sponsor must ensure that a public notice ( public notice (proposed plan) ) is published in a newspaper circulating generally in the relevant part.\nIf there is an approved form for the public notice (proposed plan), the notice must be in the approved form.\nThe public notice (proposed plan) must be published as close as practicable to the time the written notice (proposed plan) is given.\nThe public notice (proposed plan) must—\nbe directed to Aboriginal parties for the relevant part; and\nadvise the sponsor’s name and contact details, including the sponsor’s address for service; and\nidentify the project; and\nadvise that the sponsor intends to develop the cultural heritage management plan for the project; and\ndescribe the plan area for the plan and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the plan area’s location in relation to the nearest town, using bearings and approximate distances; and\ndescribe the relevant part, if it is less extensive than the plan area; and\nadvise that if an Aboriginal party for the relevant part wishes to take part in developing the plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and\nstate the notice day (proposed plan) for the plan, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and\nadvise that an Aboriginal party might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\nFor subsection (5) (h) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be—\nthe end of 30 days after the notice day (proposed plan) for the plan; or\na later time decided by the sponsor.\n(sec.96-ssec.1) This section applies if, for a part of the plan area (the relevant part )— there is no Aboriginal cultural heritage body; and there is no Aboriginal party that is a native title party.\n(sec.96-ssec.2) The sponsor must ensure that a public notice ( public notice (proposed plan) ) is published in a newspaper circulating generally in the relevant part.\n(sec.96-ssec.3) If there is an approved form for the public notice (proposed plan), the notice must be in the approved form.\n(sec.96-ssec.4) The public notice (proposed plan) must be published as close as practicable to the time the written notice (proposed plan) is given.\n(sec.96-ssec.5) The public notice (proposed plan) must— be directed to Aboriginal parties for the relevant part; and advise the sponsor’s name and contact details, including the sponsor’s address for service; and identify the project; and advise that the sponsor intends to develop the cultural heritage management plan for the project; and describe the plan area for the plan and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the plan area’s location in relation to the nearest town, using bearings and approximate distances; and describe the relevant part, if it is less extensive than the plan area; and advise that if an Aboriginal party for the relevant part wishes to take part in developing the plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and state the notice day (proposed plan) for the plan, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and advise that an Aboriginal party might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\n(sec.96-ssec.6) For subsection (5) (h) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be— the end of 30 days after the notice day (proposed plan) for the plan; or a later time decided by the sponsor.\n- (a) there is no Aboriginal cultural heritage body; and\n- (b) there is no Aboriginal party that is a native title party.\n- (a) be directed to Aboriginal parties for the relevant part; and\n- (b) advise the sponsor’s name and contact details, including the sponsor’s address for service; and\n- (c) identify the project; and\n- (d) advise that the sponsor intends to develop the cultural heritage management plan for the project; and\n- (e) describe the plan area for the plan and identify its location, including, to the extent appropriate and practicable in the circumstances, by describing the plan area’s location in relation to the nearest town, using bearings and approximate distances; and\n- (f) describe the relevant part, if it is less extensive than the plan area; and\n- (g) advise that if an Aboriginal party for the relevant part wishes to take part in developing the plan, it must give a written notice to the sponsor that the party wishes to take part in developing the plan; and\n- (h) state the notice day (proposed plan) for the plan, and advise the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan; and\n- (i) advise that an Aboriginal party might not be endorsed to take part in developing the plan if it does not give the sponsor the written notice within the required time.\n- (a) the end of 30 days after the notice day (proposed plan) for the plan; or\n- (b) a later time decided by the sponsor.","sortOrder":125},{"sectionNumber":"sec.97","sectionType":"section","heading":"Aboriginal cultural heritage body response to written notice and endorsement for plan","content":"### sec.97 Aboriginal cultural heritage body response to written notice and endorsement for plan\n\nAn Aboriginal cultural heritage body given the written notice (proposed plan) relating to a part of the plan area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed plan), advising the sponsor of the name and contact details of each Aboriginal party for the part, including the party’s address for service.\nIf the sponsor receives a response under subsection (1) within the time required under the written notice (proposed plan), the sponsor must endorse each Aboriginal party identified in the response to take part in developing the cultural heritage management plan.\n(sec.97-ssec.1) An Aboriginal cultural heritage body given the written notice (proposed plan) relating to a part of the plan area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed plan), advising the sponsor of the name and contact details of each Aboriginal party for the part, including the party’s address for service.\n(sec.97-ssec.2) If the sponsor receives a response under subsection (1) within the time required under the written notice (proposed plan), the sponsor must endorse each Aboriginal party identified in the response to take part in developing the cultural heritage management plan.","sortOrder":126},{"sectionNumber":"sec.98","sectionType":"section","heading":"Aboriginal party response to written notice and endorsement for plan","content":"### sec.98 Aboriginal party response to written notice and endorsement for plan\n\nAn Aboriginal party given the written notice (proposed plan) relating to a part of the plan area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed plan), that the Aboriginal party wishes to take part in developing the cultural heritage management plan.\nIf the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the written notice (proposed plan), the sponsor must endorse the Aboriginal party to take part in developing the plan.\n(sec.98-ssec.1) An Aboriginal party given the written notice (proposed plan) relating to a part of the plan area may respond by giving a written notice to the sponsor, within the time required under the written notice (proposed plan), that the Aboriginal party wishes to take part in developing the cultural heritage management plan.\n(sec.98-ssec.2) If the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the written notice (proposed plan), the sponsor must endorse the Aboriginal party to take part in developing the plan.","sortOrder":127},{"sectionNumber":"sec.99","sectionType":"section","heading":"Aboriginal party response to public notice and endorsement for plan","content":"### sec.99 Aboriginal party response to public notice and endorsement for plan\n\nAn Aboriginal party to which a public notice (proposed plan) is directed may respond by giving a written notice to the sponsor, within the time required under the public notice (proposed plan), that the Aboriginal party wishes to take part in developing the cultural heritage management plan.\nIf the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the public notice (proposed plan), the sponsor must endorse the Aboriginal party to take part in developing the plan.\n(sec.99-ssec.1) An Aboriginal party to which a public notice (proposed plan) is directed may respond by giving a written notice to the sponsor, within the time required under the public notice (proposed plan), that the Aboriginal party wishes to take part in developing the cultural heritage management plan.\n(sec.99-ssec.2) If the sponsor receives a response from an Aboriginal party under subsection (1) within the time required under the public notice (proposed plan), the sponsor must endorse the Aboriginal party to take part in developing the plan.","sortOrder":128},{"sectionNumber":"sec.100","sectionType":"section","heading":"Becoming Aboriginal party after written notice (proposed plan) is given","content":"### sec.100 Becoming Aboriginal party after written notice (proposed plan) is given\n\nThis section applies if, after the giving of the written notice (proposed plan), but before the notice day (proposed plan) for the cultural heritage management plan, an entity becomes an Aboriginal party for a part of the plan area because it becomes a native title party for the part of the plan area.\nThe sponsor must give the Aboriginal party a written notice that—\nincludes a copy of the written notice (proposed plan) it would have been given if it had been an Aboriginal party when the written notice (proposed plan) was first given under this division; and\nadvises the time by which, despite anything in the written notice (proposed plan), the sponsor must be given the written notice that the party wishes to take part in developing the plan.\nFor subsection (2) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be—\nthe end of 37 days after the notice day (proposed plan) for the plan; or\na later time decided by the sponsor.\nAn Aboriginal party given a written notice under subsection (2) may respond by giving a written notice to the sponsor, within the time advised under subsection (2) (b) , that the party wishes to take part in developing the plan.\nIf the sponsor receives a notice from an Aboriginal party under subsection (4) within the time required under subsection (2) (b) , the sponsor must endorse the Aboriginal party to take part in developing the plan.\nThis section applies whether or not a public notice (proposed plan) was published.\n(sec.100-ssec.1) This section applies if, after the giving of the written notice (proposed plan), but before the notice day (proposed plan) for the cultural heritage management plan, an entity becomes an Aboriginal party for a part of the plan area because it becomes a native title party for the part of the plan area.\n(sec.100-ssec.2) The sponsor must give the Aboriginal party a written notice that— includes a copy of the written notice (proposed plan) it would have been given if it had been an Aboriginal party when the written notice (proposed plan) was first given under this division; and advises the time by which, despite anything in the written notice (proposed plan), the sponsor must be given the written notice that the party wishes to take part in developing the plan.\n(sec.100-ssec.3) For subsection (2) (b) , the time the sponsor advises as being the time by which the sponsor must be given the written notice that the party wishes to take part in developing the plan must be— the end of 37 days after the notice day (proposed plan) for the plan; or a later time decided by the sponsor.\n(sec.100-ssec.4) An Aboriginal party given a written notice under subsection (2) may respond by giving a written notice to the sponsor, within the time advised under subsection (2) (b) , that the party wishes to take part in developing the plan.\n(sec.100-ssec.5) If the sponsor receives a notice from an Aboriginal party under subsection (4) within the time required under subsection (2) (b) , the sponsor must endorse the Aboriginal party to take part in developing the plan.\n(sec.100-ssec.6) This section applies whether or not a public notice (proposed plan) was published.\n- (a) includes a copy of the written notice (proposed plan) it would have been given if it had been an Aboriginal party when the written notice (proposed plan) was first given under this division; and\n- (b) advises the time by which, despite anything in the written notice (proposed plan), the sponsor must be given the written notice that the party wishes to take part in developing the plan.\n- (a) the end of 37 days after the notice day (proposed plan) for the plan; or\n- (b) a later time decided by the sponsor.","sortOrder":129},{"sectionNumber":"sec.101","sectionType":"section","heading":"Endorsement for plan in absence of response","content":"### sec.101 Endorsement for plan in absence of response\n\nThe sponsor is not required to endorse an Aboriginal party for the plan area to take part in developing the cultural heritage management plan if a response provided for under this part has not been given to the sponsor, or has not been given to the sponsor within the required time.\nHowever, the sponsor may endorse an Aboriginal party for the plan area to take part in developing the cultural heritage management plan even though the sponsor is not required to endorse the party.\n(sec.101-ssec.1) The sponsor is not required to endorse an Aboriginal party for the plan area to take part in developing the cultural heritage management plan if a response provided for under this part has not been given to the sponsor, or has not been given to the sponsor within the required time.\n(sec.101-ssec.2) However, the sponsor may endorse an Aboriginal party for the plan area to take part in developing the cultural heritage management plan even though the sponsor is not required to endorse the party.","sortOrder":130},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Development of cultural heritage management plan","content":"## Development of cultural heritage management plan","sortOrder":131},{"sectionNumber":"sec.102","sectionType":"section","heading":"Role of endorsed party","content":"### sec.102 Role of endorsed party\n\nAn endorsed party for the cultural heritage management plan has the role of—\nseeking agreement with the sponsor for the plan about how the project is to be managed—\nto avoid harm to Aboriginal cultural heritage; and\nto the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\nconsulting and negotiating with the sponsor, and with other endorsed parties for the plan, about issues needing to be addressed in the development of the plan, and about the final content of the plan; and\ngenerally, giving help and advice in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\nThe endorsed party’s role may be performed on the party’s behalf by a nominee.\n(sec.102-ssec.1) An endorsed party for the cultural heritage management plan has the role of— seeking agreement with the sponsor for the plan about how the project is to be managed— to avoid harm to Aboriginal cultural heritage; and to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and consulting and negotiating with the sponsor, and with other endorsed parties for the plan, about issues needing to be addressed in the development of the plan, and about the final content of the plan; and generally, giving help and advice in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\n(sec.102-ssec.2) The endorsed party’s role may be performed on the party’s behalf by a nominee.\n- (a) seeking agreement with the sponsor for the plan about how the project is to be managed— (i) to avoid harm to Aboriginal cultural heritage; and (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\n- (b) consulting and negotiating with the sponsor, and with other endorsed parties for the plan, about issues needing to be addressed in the development of the plan, and about the final content of the plan; and\n- (c) generally, giving help and advice in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and","sortOrder":132},{"sectionNumber":"sec.103","sectionType":"section","heading":"Role of sponsor","content":"### sec.103 Role of sponsor\n\nThe sponsor for the cultural heritage management plan has the role of—\nseeking agreement with the endorsed parties for the plan about how the project is to be managed—\nto avoid harm to Aboriginal cultural heritage; and\nto the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\ndeveloping the plan—\nin consultation and negotiation with the endorsed parties for the plan; and\nin a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\n- (a) seeking agreement with the endorsed parties for the plan about how the project is to be managed— (i) to avoid harm to Aboriginal cultural heritage; and (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\n- (b) developing the plan— (i) in consultation and negotiation with the endorsed parties for the plan; and (ii) in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\n- (i) in consultation and negotiation with the endorsed parties for the plan; and\n- (ii) in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage; and\n- (i) in consultation and negotiation with the endorsed parties for the plan; and\n- (ii) in a way directed at maximising the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage.","sortOrder":133},{"sectionNumber":"sec.104","sectionType":"section","heading":"Consultation","content":"### sec.104 Consultation\n\nSubjects for consultation may include, but are not limited to, the following—\nthe nature and extent of known Aboriginal cultural heritage in the plan area;\nthe reasonable requirements for the carrying out of a site survey of Aboriginal cultural heritage in the plan area, and the results of the survey if it is carried out;\nreasonable travel and accommodation requirements for endorsed parties;\nworkplace health and safety issues arising out of any site survey or investigation carried out in developing the plan;\nthe number of endorsed parties, or nominees of endorsed parties, who can reasonably be involved in any site survey.\nConsultation may include reasonable use of any of the following ways of consulting—\nface to face meetings;\ntelephone conferences;\nuse of the internet;\nexchanges of correspondence.\nThis division does not require a survey of Aboriginal cultural heritage carried out for the purposes of consultation to be carried out as a cultural heritage study under part 6 .\n(sec.104-ssec.1) Subjects for consultation may include, but are not limited to, the following— the nature and extent of known Aboriginal cultural heritage in the plan area; the reasonable requirements for the carrying out of a site survey of Aboriginal cultural heritage in the plan area, and the results of the survey if it is carried out; reasonable travel and accommodation requirements for endorsed parties; workplace health and safety issues arising out of any site survey or investigation carried out in developing the plan; the number of endorsed parties, or nominees of endorsed parties, who can reasonably be involved in any site survey.\n(sec.104-ssec.2) Consultation may include reasonable use of any of the following ways of consulting— face to face meetings; telephone conferences; use of the internet; exchanges of correspondence.\n(sec.104-ssec.3) This division does not require a survey of Aboriginal cultural heritage carried out for the purposes of consultation to be carried out as a cultural heritage study under part 6 .\n- (a) the nature and extent of known Aboriginal cultural heritage in the plan area;\n- (b) the reasonable requirements for the carrying out of a site survey of Aboriginal cultural heritage in the plan area, and the results of the survey if it is carried out;\n- (c) reasonable travel and accommodation requirements for endorsed parties;\n- (d) workplace health and safety issues arising out of any site survey or investigation carried out in developing the plan;\n- (e) the number of endorsed parties, or nominees of endorsed parties, who can reasonably be involved in any site survey.\n- (a) face to face meetings;\n- (b) telephone conferences;\n- (c) use of the internet;\n- (d) exchanges of correspondence.","sortOrder":134},{"sectionNumber":"sec.105","sectionType":"section","heading":"Reaching agreement","content":"### sec.105 Reaching agreement\n\nThe sponsor and each endorsed party for the cultural heritage management plan must negotiate, and make every reasonable effort to reach agreement, about the provisions of the plan.\nWithout limiting how the plan may provide for the managing of project activities in relation to their impact on Aboriginal cultural heritage, the plan may provide for the following—\nwhen particular project activities are to happen;\nwhen particular activities under the plan are to happen;\narrangements for access to land for carrying out activities under the plan, including details of arrangements entered into with owners or occupiers of land;\nidentification of known Aboriginal cultural heritage, noting, if appropriate, any reference to the cultural heritage in the database or register;\nthe way Aboriginal cultural heritage is to be assessed;\nwhether Aboriginal cultural heritage is to be damaged, relocated or taken away, and how this is to be managed;\ncontingency planning for disputes, unforeseen delays and other foreseeable and unforeseeable obstacles to carrying out activities under the plan;\nother matters reasonably necessary for successfully carrying out activities under the plan.\n(sec.105-ssec.1) The sponsor and each endorsed party for the cultural heritage management plan must negotiate, and make every reasonable effort to reach agreement, about the provisions of the plan.\n(sec.105-ssec.2) Without limiting how the plan may provide for the managing of project activities in relation to their impact on Aboriginal cultural heritage, the plan may provide for the following— when particular project activities are to happen; when particular activities under the plan are to happen; arrangements for access to land for carrying out activities under the plan, including details of arrangements entered into with owners or occupiers of land; identification of known Aboriginal cultural heritage, noting, if appropriate, any reference to the cultural heritage in the database or register; the way Aboriginal cultural heritage is to be assessed; whether Aboriginal cultural heritage is to be damaged, relocated or taken away, and how this is to be managed; contingency planning for disputes, unforeseen delays and other foreseeable and unforeseeable obstacles to carrying out activities under the plan; other matters reasonably necessary for successfully carrying out activities under the plan.\n- (a) when particular project activities are to happen;\n- (b) when particular activities under the plan are to happen;\n- (c) arrangements for access to land for carrying out activities under the plan, including details of arrangements entered into with owners or occupiers of land;\n- (d) identification of known Aboriginal cultural heritage, noting, if appropriate, any reference to the cultural heritage in the database or register;\n- (e) the way Aboriginal cultural heritage is to be assessed;\n- (f) whether Aboriginal cultural heritage is to be damaged, relocated or taken away, and how this is to be managed;\n- (g) contingency planning for disputes, unforeseen delays and other foreseeable and unforeseeable obstacles to carrying out activities under the plan;\n- (h) other matters reasonably necessary for successfully carrying out activities under the plan.","sortOrder":135},{"sectionNumber":"sec.106","sectionType":"section","heading":"Mediation","content":"### sec.106 Mediation\n\nThis section applies if at least 28 days of the consultation period for the cultural heritage management plan have elapsed, and it appears to a consultation party for the plan that—\na dispute has arisen between 2 or more consultation parties for the plan; and\nthe dispute is substantially delaying the development of the plan.\nThe consultation party may ask the Land Court to provide mediation of the dispute.\nIf in the opinion of the Land Court the dispute is suitable for mediation the Land Court may provide the mediation.\nReferral of the dispute to mediation may extend the consultation period only to the extent agreed to in writing by all the consultation parties.\ns 106 amd 2007 No. 39 s 41 sch\n(sec.106-ssec.1) This section applies if at least 28 days of the consultation period for the cultural heritage management plan have elapsed, and it appears to a consultation party for the plan that— a dispute has arisen between 2 or more consultation parties for the plan; and the dispute is substantially delaying the development of the plan.\n(sec.106-ssec.2) The consultation party may ask the Land Court to provide mediation of the dispute.\n(sec.106-ssec.3) If in the opinion of the Land Court the dispute is suitable for mediation the Land Court may provide the mediation.\n(sec.106-ssec.4) Referral of the dispute to mediation may extend the consultation period only to the extent agreed to in writing by all the consultation parties.\n- (a) a dispute has arisen between 2 or more consultation parties for the plan; and\n- (b) the dispute is substantially delaying the development of the plan.","sortOrder":136},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Approval by chief executive","content":"## Approval by chief executive","sortOrder":137},{"sectionNumber":"sec.107","sectionType":"section","heading":"Chief executive approval of plan","content":"### sec.107 Chief executive approval of plan\n\nWhether or not the consultation period for the cultural heritage management plan has ended, the sponsor may give the plan, as developed under this part, to the chief executive for the chief executive’s approval if—\nthere is no endorsed party for the plan; or\nthere is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.\nIf the circumstance mentioned in subsection (1) (a) applies, the chief executive must, under this part—\napprove the plan; or\nrefuse to approve the plan.\nIf the circumstances mentioned in subsection (1) (b) apply, the chief executive must approve the plan.\n(sec.107-ssec.1) Whether or not the consultation period for the cultural heritage management plan has ended, the sponsor may give the plan, as developed under this part, to the chief executive for the chief executive’s approval if— there is no endorsed party for the plan; or there is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.\n(sec.107-ssec.2) If the circumstance mentioned in subsection (1) (a) applies, the chief executive must, under this part— approve the plan; or refuse to approve the plan.\n(sec.107-ssec.3) If the circumstances mentioned in subsection (1) (b) apply, the chief executive must approve the plan.\n- (a) there is no endorsed party for the plan; or\n- (b) there is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.\n- (a) approve the plan; or\n- (b) refuse to approve the plan.","sortOrder":138},{"sectionNumber":"sec.108","sectionType":"section","heading":"Consideration of plan before approval if no endorsed party","content":"### sec.108 Consideration of plan before approval if no endorsed party\n\nThis section applies if there is no endorsed party for the cultural heritage management plan.\nTo approve the plan, the chief executive must be satisfied the plan makes enough provision for how the project is to be managed—\nto avoid harm to Aboriginal cultural heritage; and\nto the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\nIf the plan is not a cultural heritage management plan developed voluntarily, the chief executive must also be satisfied the plan includes agreement for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan.\n(sec.108-ssec.1) This section applies if there is no endorsed party for the cultural heritage management plan.\n(sec.108-ssec.2) To approve the plan, the chief executive must be satisfied the plan makes enough provision for how the project is to be managed— to avoid harm to Aboriginal cultural heritage; and to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\n(sec.108-ssec.3) If the plan is not a cultural heritage management plan developed voluntarily, the chief executive must also be satisfied the plan includes agreement for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan.\n- (a) to avoid harm to Aboriginal cultural heritage; and\n- (b) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.","sortOrder":139},{"sectionNumber":"sec.109","sectionType":"section","heading":"Approving or refusing to approve plan if no endorsed party","content":"### sec.109 Approving or refusing to approve plan if no endorsed party\n\nThis section also applies if there is no endorsed party for the cultural heritage management plan.\nWhen the chief executive approves, or refuses to approve, the plan, the chief executive must give written notice of the approval, or refusal to approve, to the sponsor for the plan.\nThe approval or refusal to approve is not ineffective only because the sponsor does not receive the notice under subsection (2) .\nIf the chief executive refuses to approve the plan, the chief executive must include in the written notice given under subsection (2) a written statement of the chief executive’s reasons for refusing to approve the plan.\nThe chief executive is not required to accept, but may accept, for the chief executive’s further consideration, the plan in a form amended to take account of the matters mentioned in the chief executive’s statement of reasons.\n(sec.109-ssec.1) This section also applies if there is no endorsed party for the cultural heritage management plan.\n(sec.109-ssec.2) When the chief executive approves, or refuses to approve, the plan, the chief executive must give written notice of the approval, or refusal to approve, to the sponsor for the plan.\n(sec.109-ssec.3) The approval or refusal to approve is not ineffective only because the sponsor does not receive the notice under subsection (2) .\n(sec.109-ssec.4) If the chief executive refuses to approve the plan, the chief executive must include in the written notice given under subsection (2) a written statement of the chief executive’s reasons for refusing to approve the plan.\n(sec.109-ssec.5) The chief executive is not required to accept, but may accept, for the chief executive’s further consideration, the plan in a form amended to take account of the matters mentioned in the chief executive’s statement of reasons.","sortOrder":140},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Objection or referral, hearing and recommendation","content":"## Objection or referral, hearing and recommendation","sortOrder":141},{"sectionNumber":"sec.110","sectionType":"section","heading":"Definitions for div 6","content":"### sec.110 Definitions for div 6\n\nIn this division—\nappeal period , for a refusal to approve a cultural heritage management plan for which there is no endorsed party, means the 30 days immediately after the chief executive gives the sponsor the written notice notifying the refusal.\nparty —\nto an objection to a refusal to approve a cultural heritage management plan for which there is no endorsed party—means each of the following—\nthe sponsor;\nthe chief executive; or\nto a referral of a cultural heritage management plan to the Land Court for approval—means each of the following—\neach consultation party for the plan;\nthe chief executive.\ns 110 def party amd 2007 No. 39 s 41 sch\n- (a) to an objection to a refusal to approve a cultural heritage management plan for which there is no endorsed party—means each of the following— (i) the sponsor; (ii) the chief executive; or\n- (i) the sponsor;\n- (ii) the chief executive; or\n- (b) to a referral of a cultural heritage management plan to the Land Court for approval—means each of the following— (i) each consultation party for the plan; (ii) the chief executive.\n- (i) each consultation party for the plan;\n- (ii) the chief executive.\n- (i) the sponsor;\n- (ii) the chief executive; or\n- (i) each consultation party for the plan;\n- (ii) the chief executive.","sortOrder":142},{"sectionNumber":"sec.111","sectionType":"section","heading":"Objection to Land Court to refusal to approve agreed plan","content":"### sec.111 Objection to Land Court to refusal to approve agreed plan\n\nIf there is no endorsed party for the cultural heritage management plan, the sponsor for the plan may object, to the Land Court, to the chief executive’s refusal to approve the plan.\nThe sponsor must file the objection with the Land Court within the appeal period for the refusal.\ns 111 amd 2007 No. 39 s 41 sch\n(sec.111-ssec.1) If there is no endorsed party for the cultural heritage management plan, the sponsor for the plan may object, to the Land Court, to the chief executive’s refusal to approve the plan.\n(sec.111-ssec.2) The sponsor must file the objection with the Land Court within the appeal period for the refusal.","sortOrder":143},{"sectionNumber":"sec.112","sectionType":"section","heading":"Sponsor may refer plan to Land Court after unsuccessful mediation","content":"### sec.112 Sponsor may refer plan to Land Court after unsuccessful mediation\n\nThis section applies if—\nunder division 4 , a consultation party asks the Land Court to provide mediation of a dispute; and\nthe mediation is not successful in resolving the dispute; and\nthe mediator considers that resolution is unlikely before the end of the consultation period.\nThe mediator may authorise the sponsor to refer the plan to the Land Court and ask the Land Court to approve the cultural heritage management plan, even though the consultation period has not ended.\nIf the sponsor does not refer the plan on the mediator’s authority, the sponsor is not prevented from acting under this division to refer the plan to the Land Court.\ns 112 amd 2007 No. 39 s 41 sch\n(sec.112-ssec.1) This section applies if— under division 4 , a consultation party asks the Land Court to provide mediation of a dispute; and the mediation is not successful in resolving the dispute; and the mediator considers that resolution is unlikely before the end of the consultation period.\n(sec.112-ssec.2) The mediator may authorise the sponsor to refer the plan to the Land Court and ask the Land Court to approve the cultural heritage management plan, even though the consultation period has not ended.\n(sec.112-ssec.3) If the sponsor does not refer the plan on the mediator’s authority, the sponsor is not prevented from acting under this division to refer the plan to the Land Court.\n- (a) under division 4 , a consultation party asks the Land Court to provide mediation of a dispute; and\n- (b) the mediation is not successful in resolving the dispute; and\n- (c) the mediator considers that resolution is unlikely before the end of the consultation period.","sortOrder":144},{"sectionNumber":"sec.113","sectionType":"section","heading":"Sponsor may refer plan to Land Court after failure to agree","content":"### sec.113 Sponsor may refer plan to Land Court after failure to agree\n\nThis section applies if—\nthere is at least 1 endorsed party for the cultural heritage management plan; and\nthe consultation period for the plan has ended; and\nall consultation parties have not agreed that the chief executive may approve the plan.\nThe sponsor for the plan may refer the plan to the Land Court and ask the Land Court to approve the plan.\nThe sponsor must ensure that a referral of the plan to the Land Court happens within a reasonable time after the end of the consultation period for the plan.\ns 113 amd 2007 No. 39 s 41 sch\n(sec.113-ssec.1) This section applies if— there is at least 1 endorsed party for the cultural heritage management plan; and the consultation period for the plan has ended; and all consultation parties have not agreed that the chief executive may approve the plan.\n(sec.113-ssec.2) The sponsor for the plan may refer the plan to the Land Court and ask the Land Court to approve the plan.\n(sec.113-ssec.3) The sponsor must ensure that a referral of the plan to the Land Court happens within a reasonable time after the end of the consultation period for the plan.\n- (a) there is at least 1 endorsed party for the cultural heritage management plan; and\n- (b) the consultation period for the plan has ended; and\n- (c) all consultation parties have not agreed that the chief executive may approve the plan.","sortOrder":145},{"sectionNumber":"sec.114","sectionType":"section","heading":"Administrative details for objection or referral","content":"### sec.114 Administrative details for objection or referral\n\nThe sponsor must, in filing an objection or referral with the Land Court, identify for the Land Court the names and contact details of all other parties to the objection or referral.\nAs soon as practicable after receiving the objection or referral from the sponsor, the Land Court must advise all other parties of the objection or referral.\nThe Land Court must take all reasonable steps to keep all parties to the objection or referral informed about when any hearing of the objection or referral is to be held.\ns 114 amd 2007 No. 39 s 41 sch\n(sec.114-ssec.1) The sponsor must, in filing an objection or referral with the Land Court, identify for the Land Court the names and contact details of all other parties to the objection or referral.\n(sec.114-ssec.2) As soon as practicable after receiving the objection or referral from the sponsor, the Land Court must advise all other parties of the objection or referral.\n(sec.114-ssec.3) The Land Court must take all reasonable steps to keep all parties to the objection or referral informed about when any hearing of the objection or referral is to be held.","sortOrder":146},{"sectionNumber":"sec.115","sectionType":"section","heading":"Substantive requirements for objection or referral","content":"### sec.115 Substantive requirements for objection or referral\n\nThe sponsor must, in filing an objection or referral with the Land Court, give the Land Court a document that—\nunless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and\nstates why the sponsor believes the plan makes enough provision for how the project is to be managed—\nto avoid harm to Aboriginal cultural heritage; and\nto the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\nThe Land Court must—\ngive each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and\nfor a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.\nThe Land Court is required to take account of a party’s written submission given on an invitation under subsection (2) (b) only if the Land Court receives the submission within 30 days after the Land Court gives the copy of the document to the party under subsection (2) (a) .\ns 115 amd 2007 No. 39 s 41 sch\n(sec.115-ssec.1) The sponsor must, in filing an objection or referral with the Land Court, give the Land Court a document that— unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and states why the sponsor believes the plan makes enough provision for how the project is to be managed— to avoid harm to Aboriginal cultural heritage; and to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\n(sec.115-ssec.2) The Land Court must— give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.\n(sec.115-ssec.3) The Land Court is required to take account of a party’s written submission given on an invitation under subsection (2) (b) only if the Land Court receives the submission within 30 days after the Land Court gives the copy of the document to the party under subsection (2) (a) .\n- (a) unless there is no endorsed party for the cultural heritage management plan—outlines the nature and extent of the consultation that happened in the consultation period for the plan; and\n- (b) states why the sponsor believes the plan makes enough provision for how the project is to be managed— (i) to avoid harm to Aboriginal cultural heritage; and (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\n- (i) to avoid harm to Aboriginal cultural heritage; and\n- (ii) to the extent that harm can not reasonably be avoided, to minimise harm to Aboriginal cultural heritage.\n- (a) give each other party to the objection or referral a copy of the document given to the Land Court under subsection (1) ; and\n- (b) for a referral—invite each other party to the referral to make a written submission to the Land Court about the plan and the sponsor’s submission on the plan.","sortOrder":147},{"sectionNumber":"sec.116","sectionType":"section","heading":"Land Court’s hearing","content":"### sec.116 Land Court’s hearing\n\nThe Land Court may hold, but is not required to hold, a hearing of an objection or referral.\nAll parties to the objection or referral have the right to be heard at the hearing.\nThe Land Court may order mediation before the hearing if the Land Court considers mediation may successfully resolve any dispute about the cultural heritage management plan.\ns 116 amd 2007 No. 39 s 41 sch\n(sec.116-ssec.1) The Land Court may hold, but is not required to hold, a hearing of an objection or referral.\n(sec.116-ssec.2) All parties to the objection or referral have the right to be heard at the hearing.\n(sec.116-ssec.3) The Land Court may order mediation before the hearing if the Land Court considers mediation may successfully resolve any dispute about the cultural heritage management plan.","sortOrder":148},{"sectionNumber":"sec.117","sectionType":"section","heading":"Land Court’s recommendation to Minister","content":"### sec.117 Land Court’s recommendation to Minister\n\nAfter the hearing has been completed, or, if no hearing is held, after the Land Court has considered the sponsor’s document and any submission properly received by the Land Court, the Land Court must give its recommendation about the cultural heritage management plan to the Minister.\nThe Land Court’s recommendation must be—\nthat the Minister—\nfor an objection—confirm the chief executive’s refusal to approve the plan; or\nfor a referral—refuse to approve the plan; or\nthat the Minister approve the plan; or\nthat the Minister approve the plan after amendment of the plan in accordance with details included in the recommendation.\nSubsection (2) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the plan.\nSubsections (5) and (6) apply only if there is at least 1 endorsed party for the plan.\nIf, before the Land Court makes a recommendation to the Minister, all the consultation parties agree that the plan should be approved, the sponsor may give the plan, as agreed to, to the chief executive.\nThe giving of the plan to the chief executive under subsection (4) is taken to be a giving of the plan to the chief executive under division 5 , in the circumstances that there is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.\ns 117 amd 2007 No. 39 s 41 sch\n(sec.117-ssec.1) After the hearing has been completed, or, if no hearing is held, after the Land Court has considered the sponsor’s document and any submission properly received by the Land Court, the Land Court must give its recommendation about the cultural heritage management plan to the Minister.\n(sec.117-ssec.2) The Land Court’s recommendation must be— that the Minister— for an objection—confirm the chief executive’s refusal to approve the plan; or for a referral—refuse to approve the plan; or that the Minister approve the plan; or that the Minister approve the plan after amendment of the plan in accordance with details included in the recommendation.\n(sec.117-ssec.3) Subsection (2) does not stop the Land Court, before making its recommendation to the Minister, from helping the parties to negotiate changes to the plan.\n(sec.117-ssec.4) Subsections (5) and (6) apply only if there is at least 1 endorsed party for the plan.\n(sec.117-ssec.5) If, before the Land Court makes a recommendation to the Minister, all the consultation parties agree that the plan should be approved, the sponsor may give the plan, as agreed to, to the chief executive.\n(sec.117-ssec.6) The giving of the plan to the chief executive under subsection (4) is taken to be a giving of the plan to the chief executive under division 5 , in the circumstances that there is at least 1 endorsed party for the plan, and all consultation parties for the plan agree that the chief executive may approve the plan.\n- (a) that the Minister— (i) for an objection—confirm the chief executive’s refusal to approve the plan; or (ii) for a referral—refuse to approve the plan; or\n- (i) for an objection—confirm the chief executive’s refusal to approve the plan; or\n- (ii) for a referral—refuse to approve the plan; or\n- (b) that the Minister approve the plan; or\n- (c) that the Minister approve the plan after amendment of the plan in accordance with details included in the recommendation.\n- (i) for an objection—confirm the chief executive’s refusal to approve the plan; or\n- (ii) for a referral—refuse to approve the plan; or","sortOrder":149},{"sectionNumber":"sec.118","sectionType":"section","heading":"Reaching the recommendation","content":"### sec.118 Reaching the recommendation\n\nTo recommend that the Minister approve the cultural heritage management plan, or that the Minister approve the plan after amendment, the Land Court must be satisfied the plan makes, or after suitable amendment will make, enough provision for how the project is to be managed—\nto avoid damage to Aboriginal cultural heritage; and\nto the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage.\nIf the plan is not a cultural heritage management plan developed voluntarily, the Land Court must also be satisfied the plan provides for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan.\nThe Land Court must also be satisfied that, for Aboriginal cultural heritage that is to be or may be taken away when the plan is put into effect, the plan makes enough provision about—\nwho is to become the owner of it; and\nwho is to have the custody of it.\nFor making its recommendation to the Minister about the plan, the Land Court must include the following in its considerations—\nthe availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area;\nthe nature of the impacts of the project;\nsubmissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing;\nthe nature and extent of past uses of the project area.\ns 118 amd 2007 No. 39 s 41 sch\n(sec.118-ssec.1) To recommend that the Minister approve the cultural heritage management plan, or that the Minister approve the plan after amendment, the Land Court must be satisfied the plan makes, or after suitable amendment will make, enough provision for how the project is to be managed— to avoid damage to Aboriginal cultural heritage; and to the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage.\n(sec.118-ssec.2) If the plan is not a cultural heritage management plan developed voluntarily, the Land Court must also be satisfied the plan provides for effective alternate dispute resolution arrangements to deal with issues that may arise in the operation of the plan.\n(sec.118-ssec.3) The Land Court must also be satisfied that, for Aboriginal cultural heritage that is to be or may be taken away when the plan is put into effect, the plan makes enough provision about— who is to become the owner of it; and who is to have the custody of it.\n(sec.118-ssec.4) For making its recommendation to the Minister about the plan, the Land Court must include the following in its considerations— the availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area; the nature of the impacts of the project; submissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing; the nature and extent of past uses of the project area.\n- (a) to avoid damage to Aboriginal cultural heritage; and\n- (b) to the extent that damage can not reasonably be avoided, to minimise damage to Aboriginal cultural heritage.\n- (a) who is to become the owner of it; and\n- (b) who is to have the custody of it.\n- (a) the availability and quality of documented information about the Aboriginal cultural heritage significance of the plan area;\n- (b) the nature of the impacts of the project;\n- (c) submissions made by the parties to the objection or referral, including, if a hearing is held, oral submissions made at the hearing;\n- (d) the nature and extent of past uses of the project area.","sortOrder":150},{"sectionNumber":"sec.119","sectionType":"section","heading":"General time requirement for making recommendation","content":"### sec.119 General time requirement for making recommendation\n\nThe Land Court must take all reasonable steps to make sure that its recommendation about the cultural heritage management plan is given to the Minister within 4 months after the objection or referral is filed with the Land Court.\nIf the recommendation is not made within the 4 months, the Land Court must, as soon as practicable after the 4 months ends, give a written notice to the Minister—\nadvising why the recommendation has not yet been made; and\ngiving an estimate of when the recommendation is likely to be made.\ns 119 amd 2007 No. 39 s 41 sch\n(sec.119-ssec.1) The Land Court must take all reasonable steps to make sure that its recommendation about the cultural heritage management plan is given to the Minister within 4 months after the objection or referral is filed with the Land Court.\n(sec.119-ssec.2) If the recommendation is not made within the 4 months, the Land Court must, as soon as practicable after the 4 months ends, give a written notice to the Minister— advising why the recommendation has not yet been made; and giving an estimate of when the recommendation is likely to be made.\n- (a) advising why the recommendation has not yet been made; and\n- (b) giving an estimate of when the recommendation is likely to be made.","sortOrder":151},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Approval by Minister","content":"## Approval by Minister","sortOrder":152},{"sectionNumber":"sec.120","sectionType":"section","heading":"Approving or refusing to approve plan","content":"### sec.120 Approving or refusing to approve plan\n\nOn receiving a recommendation from the Land Court under division 6 , the Minister may—\nfor an objection—confirm the chief executive’s refusal to approve the cultural heritage management plan; or\nfor a referral—refuse to approve the plan; or\napprove the plan; or\napprove the plan after amendment of the plan in accordance with the Minister’s direction.\nHowever, in deciding what action to take, the Minister must have regard to—\nthe Land Court’s recommendation; and\nthe matters about which the chief executive was or would have been required to be satisfied before approving the plan.\ns 120 amd 2007 No. 39 s 41 sch\n(sec.120-ssec.1) On receiving a recommendation from the Land Court under division 6 , the Minister may— for an objection—confirm the chief executive’s refusal to approve the cultural heritage management plan; or for a referral—refuse to approve the plan; or approve the plan; or approve the plan after amendment of the plan in accordance with the Minister’s direction.\n(sec.120-ssec.2) However, in deciding what action to take, the Minister must have regard to— the Land Court’s recommendation; and the matters about which the chief executive was or would have been required to be satisfied before approving the plan.\n- (a) for an objection—confirm the chief executive’s refusal to approve the cultural heritage management plan; or\n- (b) for a referral—refuse to approve the plan; or\n- (c) approve the plan; or\n- (d) approve the plan after amendment of the plan in accordance with the Minister’s direction.\n- (a) the Land Court’s recommendation; and\n- (b) the matters about which the chief executive was or would have been required to be satisfied before approving the plan.","sortOrder":153},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":154},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":155},{"sectionNumber":"sec.121","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.121 Appointment and qualifications\n\nThe chief executive may appoint a public service employee as an authorised officer.\nHowever, the chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.121-ssec.1) The chief executive may appoint a public service employee as an authorised officer.\n(sec.121-ssec.2) However, the chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.","sortOrder":156},{"sectionNumber":"sec.122","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.122 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.122-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.122-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\n(sec.122-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":157},{"sectionNumber":"sec.123","sectionType":"section","heading":"Issue of identity card","content":"### sec.123 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.123-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.123-ssec.2) The identity card must— contain a recent photo of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.123-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":158},{"sectionNumber":"sec.124","sectionType":"section","heading":"Production or display of identity card","content":"### sec.124 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer, as authorised under this Act, enters—\na public place when it is open to the public; or\na place for the purpose of asking the occupier of the place for consent to enter.\n(sec.124-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.124-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.124-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer, as authorised under this Act, enters— a public place when it is open to the public; or a place for the purpose of asking the occupier of the place for consent to enter.\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.\n- (a) a public place when it is open to the public; or\n- (b) a place for the purpose of asking the occupier of the place for consent to enter.","sortOrder":159},{"sectionNumber":"sec.125","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.125 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised officer ceases to hold office;\nthe authorised officer’s resignation takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.125-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised officer ceases to hold office; the authorised officer’s resignation takes effect.\n(sec.125-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.125-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised officer ceases to hold office;\n- (c) the authorised officer’s resignation takes effect.","sortOrder":160},{"sectionNumber":"sec.126","sectionType":"section","heading":"Resignation","content":"### sec.126 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.","sortOrder":161},{"sectionNumber":"sec.127","sectionType":"section","heading":"Return of identity card","content":"### sec.127 Return of identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the chief executive within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":162},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of authorised officers","content":"## Powers of authorised officers","sortOrder":163},{"sectionNumber":"sec.128","sectionType":"section","heading":"Power to enter places","content":"### sec.128 Power to enter places\n\nAn authorised officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised by a warrant.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.128-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised by a warrant.\n(sec.128-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised by a warrant.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":164},{"sectionNumber":"sec.129","sectionType":"section","heading":"Entry with consent","content":"### sec.129 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place.\nBefore asking for the consent, the authorised officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised officer consent to enter the place and exercise powers under this Act; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.129-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place.\n(sec.129-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.129-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent.\n(sec.129-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised officer consent to enter the place and exercise powers under this Act; and the time and date the consent was given.\n(sec.129-ssec.5) If the occupier signs the acknowledgment, the authorised officer must immediately give a copy to the occupier.\n(sec.129-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this Act; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":165},{"sectionNumber":"sec.130","sectionType":"section","heading":"Application for warrant","content":"### sec.130 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.130-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.130-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.130-ssec.3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":166},{"sectionNumber":"sec.131","sectionType":"section","heading":"Issue of warrant","content":"### sec.131 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or may be at the place within the next 7 days.\nThe warrant must state—\nthat any authorised officer or a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised officer’s powers under this Act; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\ns 131 amd 2011 No. 6 s 4\n(sec.131-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or may be at the place within the next 7 days.\n(sec.131-ssec.2) The warrant must state— that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised officer’s powers under this Act; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or may be at the place within the next 7 days.\n- (a) that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised officer’s powers under this Act; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised officer’s powers under this Act; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised officer’s powers under this Act; and","sortOrder":167},{"sectionNumber":"sec.132","sectionType":"section","heading":"Special warrants","content":"### sec.132 Special warrants\n\nAn authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nBefore applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\nThe authorised officer may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the authorised officer—\nthe magistrate must tell the authorised officer—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant was issued; and\nthe authorised officer must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the authorised officer completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n(sec.132-ssec.1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.132-ssec.2) Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.132-ssec.3) The authorised officer may apply for the special warrant before the application is sworn.\n(sec.132-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy (the facsimile warrant ) to the authorised officer if it is reasonably practicable to fax the copy.\n(sec.132-ssec.5) If it is not reasonably practicable to fax a copy to the authorised officer— the magistrate must tell the authorised officer— what the terms of the special warrant are; and the date and time the special warrant was issued; and the authorised officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.132-ssec.6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.132-ssec.7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the authorised officer completed a warrant form—the completed warrant form.\n(sec.132-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.132-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised officer’s remote location.\n- (a) the magistrate must tell the authorised officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant was issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant was issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the authorised officer completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":168},{"sectionNumber":"sec.133","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.133 Warrants—procedure before entry\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\nBefore entering the place, the authorised officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 133 amd 2011 No. 6 s 5\n(sec.133-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\n(sec.133-ssec.2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the authorised officer’s appointment; give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.133-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":169},{"sectionNumber":"sec.134","sectionType":"section","heading":"General powers after entering places","content":"### sec.134 General powers after entering places\n\nThis section applies to an authorised officer who enters a place.\nHowever, if an authorised officer enters a place to get the occupier’s consent to enter premises, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\nFor enforcing compliance with this Act, the authorised officer may—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, for analysis or testing; or\ntake an extract from, or copy, a document at the place; or\ntake into or onto the place any person, including an Aboriginal party or representative of an Aboriginal party, the authorised officer reasonably requires for exercising a power under this Act; or\ntake into or onto the place any equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or\nrequire the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) ; or\nrequire the occupier of the place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.134-ssec.1) This section applies to an authorised officer who enters a place.\n(sec.134-ssec.2) However, if an authorised officer enters a place to get the occupier’s consent to enter premises, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\n(sec.134-ssec.3) For enforcing compliance with this Act, the authorised officer may— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, for analysis or testing; or take an extract from, or copy, a document at the place; or take into or onto the place any person, including an Aboriginal party or representative of an Aboriginal party, the authorised officer reasonably requires for exercising a power under this Act; or take into or onto the place any equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or require the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) ; or require the occupier of the place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether this Act is being complied with.\n(sec.134-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, for analysis or testing; or\n- (d) take an extract from, or copy, a document at the place; or\n- (e) take into or onto the place any person, including an Aboriginal party or representative of an Aboriginal party, the authorised officer reasonably requires for exercising a power under this Act; or\n- (f) take into or onto the place any equipment and materials the authorised officer reasonably requires for exercising a power under this Act; or\n- (g) require the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (f) ; or\n- (h) require the occupier of the place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether this Act is being complied with.","sortOrder":170},{"sectionNumber":"sec.135","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.135 Failure to help authorised officer\n\nA person required to give reasonable help under section 134 (3) (g) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf an individual is required under section 134 (3) (g) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.135-ssec.1) A person required to give reasonable help under section 134 (3) (g) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.135-ssec.2) If an individual is required under section 134 (3) (g) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":171},{"sectionNumber":"sec.136","sectionType":"section","heading":"Failure to give information","content":"### sec.136 Failure to give information\n\nA person of whom a requirement is made under section 134 (3) (h) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.136-ssec.1) A person of whom a requirement is made under section 134 (3) (h) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.136-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":172},{"sectionNumber":"sec.137","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.137 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised officer who enters a place that may be entered under division 2 , subdivision 1 without the consent of the occupier and without a warrant, may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this Act.","sortOrder":173},{"sectionNumber":"sec.138","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.138 Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan authorised officer is authorised to enter a place under division 2 , subdivision 1 only with the consent of the occupier of the place or a warrant; and\nthe authorised officer enters the place after obtaining the necessary consent or under a warrant.\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—\nthe authorised officer reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer also may seize anything else at the place if the authorised officer reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\ns 138 amd 2011 No. 6 s 6\n(sec.138-ssec.1) This section applies if— an authorised officer is authorised to enter a place under division 2 , subdivision 1 only with the consent of the occupier of the place or a warrant; and the authorised officer enters the place after obtaining the necessary consent or under a warrant.\n(sec.138-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.138-ssec.3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.138-ssec.4) The authorised officer also may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.138-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.\n- (a) an authorised officer is authorised to enter a place under division 2 , subdivision 1 only with the consent of the occupier of the place or a warrant; and\n- (b) the authorised officer enters the place after obtaining the necessary consent or under a warrant.\n- (a) the authorised officer reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.","sortOrder":174},{"sectionNumber":"sec.139","sectionType":"section","heading":"Securing seized things","content":"### sec.139 Securing seized things\n\nHaving seized a thing, an authorised officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nSealing a thing and marking it to show access to it is restricted.\nSealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted.\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 Sealing a thing and marking it to show access to it is restricted. 2 Sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted.\n- 1 Sealing a thing and marking it to show access to it is restricted.\n- 2 Sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted.\n- 1 Sealing a thing and marking it to show access to it is restricted.\n- 2 Sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted.","sortOrder":175},{"sectionNumber":"sec.140","sectionType":"section","heading":"Tampering with seized things","content":"### sec.140 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.\nMaximum penalty—50 penalty units.","sortOrder":176},{"sectionNumber":"sec.141","sectionType":"section","heading":"Power to support seizure","content":"### sec.141 Power to support seizure\n\nTo enable a thing to be seized, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.141-ssec.1) To enable a thing to be seized, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.141-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.141-ssec.3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement.\n(sec.141-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":177},{"sectionNumber":"sec.142","sectionType":"section","heading":"Receipts for seized things","content":"### sec.142 Receipts for seized things\n\nAs soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.142-ssec.1) As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.142-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.142-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.142-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":178},{"sectionNumber":"sec.143","sectionType":"section","heading":"Return of seized things","content":"### sec.143 Return of seized things\n\nIf a seized thing has not been forfeited, the authorised officer must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (1) , unless the thing has been forfeited, the authorised officer must immediately return a thing seized as evidence to its owner if the authorised officer stops being satisfied its continued retention as evidence is necessary.\n(sec.143-ssec.1) If a seized thing has not been forfeited, the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.143-ssec.2) Despite subsection (1) , unless the thing has been forfeited, the authorised officer must immediately return a thing seized as evidence to its owner if the authorised officer stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.","sortOrder":179},{"sectionNumber":"sec.144","sectionType":"section","heading":"Access to seized things","content":"### sec.144 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.144-ssec.1) Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.144-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":180},{"sectionNumber":"sec.145","sectionType":"section","heading":"Power to require name and address","content":"### sec.145 Power to require name and address\n\nThis section applies if—\nan authorised officer finds a person committing an offence against this Act; or\nan authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.\nThe authorised officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\nThe authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address is false.\nA requirement under subsection (2) or (4) is called a personal details requirement .\n(sec.145-ssec.1) This section applies if— an authorised officer finds a person committing an offence against this Act; or an authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.\n(sec.145-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.145-ssec.3) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\n(sec.145-ssec.4) The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address is false.\n(sec.145-ssec.5) A requirement under subsection (2) or (4) is called a personal details requirement .\n- (a) an authorised officer finds a person committing an offence against this Act; or\n- (b) an authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the person has just committed an offence against this Act.","sortOrder":181},{"sectionNumber":"sec.146","sectionType":"section","heading":"Failure to give name or address","content":"### sec.146 Failure to give name or address\n\nA person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.146-ssec.1) A person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.146-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":182},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":183},{"sectionNumber":"sec.147","sectionType":"section","heading":"Notice of damage","content":"### sec.147 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an authorised officer damages property.\nThe authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.147-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an authorised officer damages property.\n(sec.147-ssec.2) The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.147-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s or other person’s control, the authorised officer may state the belief in the notice.\n(sec.147-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.147-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.147-ssec.6) In this section— owner , of property, includes the person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an authorised officer damages property.","sortOrder":184},{"sectionNumber":"sec.148","sectionType":"section","heading":"Compensation","content":"### sec.148 Compensation\n\nA person may claim from the chief executive the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under a declared provision.\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the declared provisions.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.148-ssec.1) A person may claim from the chief executive the cost of repairing or replacing property damaged because of the exercise or purported exercise of a power under a declared provision.\n(sec.148-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the declared provisions.\n(sec.148-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.148-ssec.4) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":185},{"sectionNumber":"sec.149","sectionType":"section","heading":"False or misleading information","content":"### sec.149 False or misleading information\n\nA person must not give information to an authorised officer the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":186},{"sectionNumber":"sec.150","sectionType":"section","heading":"False or misleading documents","content":"### sec.150 False or misleading documents\n\nA person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.150-ssec.1) A person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.150-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the authorised officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":187},{"sectionNumber":"sec.151","sectionType":"section","heading":"Obstructing authorised officers","content":"### sec.151 Obstructing authorised officers\n\nA person must not obstruct an authorised officer in the exercise of a power unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct.\n(sec.151-ssec.1) A person must not obstruct an authorised officer in the exercise of a power unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.151-ssec.2) If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct is an obstruction.\n(sec.151-ssec.3) In this section— obstruct includes hinder and attempt to obstruct.\n- (a) it is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct is an obstruction.","sortOrder":188},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":189},{"sectionNumber":"sec.152","sectionType":"section","heading":"Delegations","content":"### sec.152 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to—\nanother Minister; or\nan appropriately qualified public service officer.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the public service\n(sec.152-ssec.1) The Minister may delegate the Minister’s powers under this Act to— another Minister; or an appropriately qualified public service officer.\n(sec.152-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.\n(sec.152-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the public service\n- (a) another Minister; or\n- (b) an appropriately qualified public service officer.","sortOrder":190},{"sectionNumber":"sec.153","sectionType":"section","heading":"Access to land","content":"### sec.153 Access to land\n\nA person who wishes to enter land to perform an activity (the cultural heritage activity ) under this Act must consult with the owner or occupier of the land about obtaining the necessary access.\nThe sponsor for a cultural heritage management plan would need to consult with the owner or occupier of land to obtain access required to properly assess Aboriginal cultural heritage values for developing the plan.\nHowever, if the person is authorised under another Act to enter the land to carry out activities for a project, and the cultural heritage activity is a necessary complementary or ancillary activity to the project—\nthe person is also authorised to enter the land to perform the cultural heritage activity; and\nunless otherwise agreed between the person and the owner or occupier, the conditions of access that apply are the same conditions of access that apply under the other Act.\nThe authority given to the person under subsection (2) extends to agents and employees of the person acting under the authority of the person.\nIf the person is the sponsor for a cultural heritage management plan, the authority also extends to endorsed parties for the plan and their representatives, if their access to the land is—\nreasonably required to properly assess Aboriginal cultural heritage values for developing the plan; and\napproved by the sponsor.\n(sec.153-ssec.1) A person who wishes to enter land to perform an activity (the cultural heritage activity ) under this Act must consult with the owner or occupier of the land about obtaining the necessary access. The sponsor for a cultural heritage management plan would need to consult with the owner or occupier of land to obtain access required to properly assess Aboriginal cultural heritage values for developing the plan.\n(sec.153-ssec.2) However, if the person is authorised under another Act to enter the land to carry out activities for a project, and the cultural heritage activity is a necessary complementary or ancillary activity to the project— the person is also authorised to enter the land to perform the cultural heritage activity; and unless otherwise agreed between the person and the owner or occupier, the conditions of access that apply are the same conditions of access that apply under the other Act.\n(sec.153-ssec.3) The authority given to the person under subsection (2) extends to agents and employees of the person acting under the authority of the person.\n(sec.153-ssec.4) If the person is the sponsor for a cultural heritage management plan, the authority also extends to endorsed parties for the plan and their representatives, if their access to the land is— reasonably required to properly assess Aboriginal cultural heritage values for developing the plan; and approved by the sponsor.\n- (a) the person is also authorised to enter the land to perform the cultural heritage activity; and\n- (b) unless otherwise agreed between the person and the owner or occupier, the conditions of access that apply are the same conditions of access that apply under the other Act.\n- (a) reasonably required to properly assess Aboriginal cultural heritage values for developing the plan; and\n- (b) approved by the sponsor.","sortOrder":191},{"sectionNumber":"sec.154","sectionType":"section","heading":"Advisory committees","content":"### sec.154 Advisory committees\n\nThe Minister may establish advisory committees as the Minister considers appropriate.\nAn advisory committee has the function of advising the Minister in relation to the particular issues the Minister refers to it.\nA member of an advisory committee holds the member’s appointment on the conditions decided by the Minister.\nThe Minister may at any time end the appointment of a member of an advisory committee.\n(sec.154-ssec.1) The Minister may establish advisory committees as the Minister considers appropriate.\n(sec.154-ssec.2) An advisory committee has the function of advising the Minister in relation to the particular issues the Minister refers to it.\n(sec.154-ssec.3) A member of an advisory committee holds the member’s appointment on the conditions decided by the Minister.\n(sec.154-ssec.4) The Minister may at any time end the appointment of a member of an advisory committee.","sortOrder":192},{"sectionNumber":"sec.155","sectionType":"section","heading":"Purchase or compulsory acquisition to protect cultural heritage","content":"### sec.155 Purchase or compulsory acquisition to protect cultural heritage\n\nThe Minister may issue a certificate (an acquisition certificate ) for land if the Minister is satisfied that the State’s purchase or compulsory acquisition of the land is necessary to manage, preserve or protect Aboriginal cultural heritage.\nIf the acquisition certificate relates to a lease or easement under the Land Act 1994 , the lease or easement may be resumed under that Act .\nIf the acquisition certificate relates to private land, the management, preservation or protection of Aboriginal cultural heritage is a purpose for which the land may be taken under the Acquisition of Land Act 1967 .\n(sec.155-ssec.1) The Minister may issue a certificate (an acquisition certificate ) for land if the Minister is satisfied that the State’s purchase or compulsory acquisition of the land is necessary to manage, preserve or protect Aboriginal cultural heritage.\n(sec.155-ssec.2) If the acquisition certificate relates to a lease or easement under the Land Act 1994 , the lease or easement may be resumed under that Act .\n(sec.155-ssec.3) If the acquisition certificate relates to private land, the management, preservation or protection of Aboriginal cultural heritage is a purpose for which the land may be taken under the Acquisition of Land Act 1967 .","sortOrder":193},{"sectionNumber":"sec.156","sectionType":"section","heading":"Proceedings for an offence","content":"### sec.156 Proceedings for an offence\n\nA proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 within—\n1 year after the offence is committed; or\n6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA proceeding for an offence against this Act that is an indictable offence may be taken, at the prosecution’s election—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—\nfor the summary conviction of the person; or\nfor an examination of witnesses in relation to the charge.\nIf a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nIf—\na person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\nthe magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\nthe magistrate—\nmust not decide the charge as a summary offence; and\nmust proceed by way of a committal proceeding.\nIf a magistrate acts under subsection (5) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be imposed on a summary conviction of an individual of an indictable offence is as follows—\nto the extent the penalty imposed is a number of penalty units—200 penalty units;\nto the extent the penalty imposed is imprisonment—1 year’s imprisonment.\nThe maximum penalty that may be imposed on a summary conviction of a corporation of an indictable offence is 2,000 penalty units.\nAn indictable offence under this Act is a misdemeanour.\nIn this section—\nindictable offence means an offence against this Act for which the maximum penalty for an individual is—\n1,000 or more penalty units; or\nat least 2 years imprisonment, whether or not the penalty also includes a number of penalty units.\n(sec.156-ssec.1) A proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 within— 1 year after the offence is committed; or 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.156-ssec.2) A proceeding for an offence against this Act that is an indictable offence may be taken, at the prosecution’s election— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.156-ssec.3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge.\n(sec.156-ssec.4) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.156-ssec.5) If— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding.\n(sec.156-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.156-ssec.7) The maximum penalty that may be imposed on a summary conviction of an individual of an indictable offence is as follows— to the extent the penalty imposed is a number of penalty units—200 penalty units; to the extent the penalty imposed is imprisonment—1 year’s imprisonment.\n(sec.156-ssec.8) The maximum penalty that may be imposed on a summary conviction of a corporation of an indictable offence is 2,000 penalty units.\n(sec.156-ssec.9) An indictable offence under this Act is a misdemeanour.\n(sec.156-ssec.10) In this section— indictable offence means an offence against this Act for which the maximum penalty for an individual is— 1,000 or more penalty units; or at least 2 years imprisonment, whether or not the penalty also includes a number of penalty units.\n- (a) 1 year after the offence is committed; or\n- (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) for the summary conviction of the person; or\n- (b) for an examination of witnesses in relation to the charge.\n- (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;\n- (c) must not decide the charge as a summary offence; and\n- (d) must proceed by way of a committal proceeding.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n- (a) to the extent the penalty imposed is a number of penalty units—200 penalty units;\n- (b) to the extent the penalty imposed is imprisonment—1 year’s imprisonment.\n- (a) 1,000 or more penalty units; or\n- (b) at least 2 years imprisonment, whether or not the penalty also includes a number of penalty units.","sortOrder":194},{"sectionNumber":"sec.157","sectionType":"section","heading":"Review of Act","content":"### sec.157 Review of Act\n\nThe Minister must review the efficacy and efficiency of this Act within 5 years of its commencement.","sortOrder":195},{"sectionNumber":"sec.158","sectionType":"section","heading":"Approval of forms","content":"### sec.158 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":196},{"sectionNumber":"sec.159","sectionType":"section","heading":"Regulation-making power","content":"### sec.159 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about fees payable under this Act.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.159-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.159-ssec.2) A regulation may be made about fees payable under this Act.\n(sec.159-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":197},{"sectionNumber":"pt.10","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":198},{"sectionNumber":"sec.160","sectionType":"section","heading":"Repeal of Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987","content":"### sec.160 Repeal of Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987\n\nThe Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 No. 90 is repealed.","sortOrder":199},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and validation provisions","content":"# Transitional and validation provisions","sortOrder":200},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 79 of 2003","content":"## Transitional provisions for Act No. 79 of 2003","sortOrder":201},{"sectionNumber":"sec.161","sectionType":"section","heading":"Confirmation of ownership of Aboriginal cultural heritage before commencement","content":"### sec.161 Confirmation of ownership of Aboriginal cultural heritage before commencement\n\nThis Act is not generally intended to interfere with ownership of Aboriginal cultural heritage established before the Act ’s commencement.\nA person’s ownership of Aboriginal cultural heritage is confirmed under this Act if, immediately before the commencement of this section, the person was the owner of the cultural heritage.\nSubsection (2) does not apply to Aboriginal cultural heritage if, under part 2, division 2 or 3, it becomes owned by Aboriginal people who have a traditional or familial link with it.\n(sec.161-ssec.1) This Act is not generally intended to interfere with ownership of Aboriginal cultural heritage established before the Act ’s commencement.\n(sec.161-ssec.2) A person’s ownership of Aboriginal cultural heritage is confirmed under this Act if, immediately before the commencement of this section, the person was the owner of the cultural heritage.\n(sec.161-ssec.3) Subsection (2) does not apply to Aboriginal cultural heritage if, under part 2, division 2 or 3, it becomes owned by Aboriginal people who have a traditional or familial link with it.","sortOrder":202},{"sectionNumber":"sec.162","sectionType":"section","heading":"Recording information about designated landscape areas","content":"### sec.162 Recording information about designated landscape areas\n\nThe chief executive must, as soon as practicable after the commencement of this section, record on the register the following information about each area that, immediately before the commencement of this section, was a designated landscape area under the repealed Act—\na description of the area, including, if necessary for accurately locating the area, a plan of the area and a detailed description of its boundaries;\nin general terms, a description of the Aboriginal cultural heritage in the area;\ninformation the chief executive has about the cultural heritage values of the area.\nThe information recorded under subsection (1) about any part of an area (the relevant part ) must be taken off the register if—\nthe findings of a cultural heritage study are recorded in the register; and\nthe study area for the study includes the relevant part.\n(sec.162-ssec.1) The chief executive must, as soon as practicable after the commencement of this section, record on the register the following information about each area that, immediately before the commencement of this section, was a designated landscape area under the repealed Act— a description of the area, including, if necessary for accurately locating the area, a plan of the area and a detailed description of its boundaries; in general terms, a description of the Aboriginal cultural heritage in the area; information the chief executive has about the cultural heritage values of the area.\n(sec.162-ssec.2) The information recorded under subsection (1) about any part of an area (the relevant part ) must be taken off the register if— the findings of a cultural heritage study are recorded in the register; and the study area for the study includes the relevant part.\n- (a) a description of the area, including, if necessary for accurately locating the area, a plan of the area and a detailed description of its boundaries;\n- (b) in general terms, a description of the Aboriginal cultural heritage in the area;\n- (c) information the chief executive has about the cultural heritage values of the area.\n- (a) the findings of a cultural heritage study are recorded in the register; and\n- (b) the study area for the study includes the relevant part.","sortOrder":203},{"sectionNumber":"sec.163","sectionType":"section","heading":"Foundation material for database","content":"### sec.163 Foundation material for database\n\nAs soon as practicable after the commencement of this section, the chief executive must take all reasonable steps to place on the database, as its foundation information, all information about Aboriginal cultural heritage accumulated by the State before the commencement of this section.\nThe information required to be placed on the database under subsection (1) includes information held about designated landscape areas under the repealed Act, even if the information is also required to be recorded in the register.\n(sec.163-ssec.1) As soon as practicable after the commencement of this section, the chief executive must take all reasonable steps to place on the database, as its foundation information, all information about Aboriginal cultural heritage accumulated by the State before the commencement of this section.\n(sec.163-ssec.2) The information required to be placed on the database under subsection (1) includes information held about designated landscape areas under the repealed Act, even if the information is also required to be recorded in the register.","sortOrder":204},{"sectionNumber":"sec.164","sectionType":"section","heading":"Existing agreement for carrying out activity","content":"### sec.164 Existing agreement for carrying out activity\n\nA person who carries out an activity under the requirements for carrying out the activity that are included in an existing agreement to which the person is a party does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the agreement.","sortOrder":205},{"sectionNumber":"sec.165","sectionType":"section","heading":"Permit under repealed Act","content":"### sec.165 Permit under repealed Act\n\nA permit issued under section 28 of the repealed Act and in force immediately before the commencement of this section, to the extent it relates to Aboriginal cultural heritage—\ncontinues in force according to its terms; and\nmay be dealt with under the provisions of the repealed Act relating to it, other than section 29 of the repealed Act, as if the provisions had not been repealed.\n- (a) continues in force according to its terms; and\n- (b) may be dealt with under the provisions of the repealed Act relating to it, other than section 29 of the repealed Act, as if the provisions had not been repealed.","sortOrder":206},{"sectionNumber":"sec.166","sectionType":"section","heading":"Authority obtained before commencement","content":"### sec.166 Authority obtained before commencement\n\nThis section applies if—\nunder an Act other than this Act, an authority is required for an activity; and\nthe authority was obtained before the commencement of this section.\nThe holder of the authority may apply to the Minister for the Minister’s approval of measures ( transitional measures ) identifying reasonable and practicable measures for ensuring the activity under the authority avoids or minimises harm to Aboriginal cultural heritage.\nThe transitional measures have effect, in relation to the carrying out of the activity under the authority, as cultural heritage duty of care guidelines.\nIn this section—\nauthority includes a lease, licence, permit or approval.\n(sec.166-ssec.1) This section applies if— under an Act other than this Act, an authority is required for an activity; and the authority was obtained before the commencement of this section.\n(sec.166-ssec.2) The holder of the authority may apply to the Minister for the Minister’s approval of measures ( transitional measures ) identifying reasonable and practicable measures for ensuring the activity under the authority avoids or minimises harm to Aboriginal cultural heritage.\n(sec.166-ssec.3) The transitional measures have effect, in relation to the carrying out of the activity under the authority, as cultural heritage duty of care guidelines.\n(sec.166-ssec.4) In this section— authority includes a lease, licence, permit or approval.\n- (a) under an Act other than this Act, an authority is required for an activity; and\n- (b) the authority was obtained before the commencement of this section.","sortOrder":207},{"sectionNumber":"sec.167","sectionType":"section","heading":"Cultural heritage arrangements for project authorised before commencement","content":"### sec.167 Cultural heritage arrangements for project authorised before commencement\n\nThis section applies to a project if—\nunder an Act other than this Act, an authority is required for the project; and\nthe authority was obtained before the commencement of this section; and\nfor the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.\nUntil the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.\nIn this section—\nauthority includes a lease, licence, permit or approval.\n(sec.167-ssec.1) This section applies to a project if— under an Act other than this Act, an authority is required for the project; and the authority was obtained before the commencement of this section; and for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.\n(sec.167-ssec.2) Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.\n(sec.167-ssec.3) In this section— authority includes a lease, licence, permit or approval.\n- (a) under an Act other than this Act, an authority is required for the project; and\n- (b) the authority was obtained before the commencement of this section; and\n- (c) for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.","sortOrder":208},{"sectionNumber":"sec.168","sectionType":"section","heading":"Cultural heritage arrangements for project not authorised before commencement","content":"### sec.168 Cultural heritage arrangements for project not authorised before commencement\n\nThis section applies to a project if—\nunder an Act other than this Act, an authority is required for the project; and\nthe authority was applied for, but not obtained, before the commencement of this section; and\nthe applicant was notified before the commencement of this section that an EIS was required for the project; and\nfor the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.\nPart 7, division 2 does not apply to the project.\nUntil the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.\nIn this section—\nauthority includes a lease, licence, permit or approval.\n(sec.168-ssec.1) This section applies to a project if— under an Act other than this Act, an authority is required for the project; and the authority was applied for, but not obtained, before the commencement of this section; and the applicant was notified before the commencement of this section that an EIS was required for the project; and for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.\n(sec.168-ssec.2) Part 7, division 2 does not apply to the project.\n(sec.168-ssec.3) Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Aboriginal cultural heritage expressly or impliedly the subject of the arrangements.\n(sec.168-ssec.4) In this section— authority includes a lease, licence, permit or approval.\n- (a) under an Act other than this Act, an authority is required for the project; and\n- (b) the authority was applied for, but not obtained, before the commencement of this section; and\n- (c) the applicant was notified before the commencement of this section that an EIS was required for the project; and\n- (d) for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Aboriginal cultural heritage.","sortOrder":209},{"sectionNumber":"sec.169","sectionType":"section","heading":"References to repealed Act","content":"### sec.169 References to repealed Act\n\nIn an Act or document, a reference to the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 may, if the context permits, be taken to be a reference to this Act.","sortOrder":210},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional and validation provisions for Revenue and Other Legislation Amendment Act 2018","content":"## Transitional and validation provisions for Revenue and Other Legislation Amendment Act 2018","sortOrder":211},{"sectionNumber":"sec.170","sectionType":"section","heading":"Consideration of particular cultural heritage studies endorsed before commencement","content":"### sec.170 Consideration of particular cultural heritage studies endorsed before commencement\n\nThis section applies if, before the commencement, a sponsor—\neither—\ngave a written notice (proposed study) under section 56(1); or\ncaused a public notice (proposed study) to be published under section 61(2); and\nendorsed an Aboriginal party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2).\nIf the cultural heritage study is given to the chief executive for recording under section 71(1), the chief executive must consider whether to record the findings of the study under this Act as in force before the commencement.\nDespite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 172.\ns 170 ins 2018 No. 27 s 98\n(sec.170-ssec.1) This section applies if, before the commencement, a sponsor— either— gave a written notice (proposed study) under section 56(1); or caused a public notice (proposed study) to be published under section 61(2); and endorsed an Aboriginal party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2).\n(sec.170-ssec.2) If the cultural heritage study is given to the chief executive for recording under section 71(1), the chief executive must consider whether to record the findings of the study under this Act as in force before the commencement.\n(sec.170-ssec.3) Despite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 172.\n- (a) either— (i) gave a written notice (proposed study) under section 56(1); or (ii) caused a public notice (proposed study) to be published under section 61(2); and\n- (i) gave a written notice (proposed study) under section 56(1); or\n- (ii) caused a public notice (proposed study) to be published under section 61(2); and\n- (b) endorsed an Aboriginal party to take part in a cultural heritage study under section 62(2), 64(2) or 65(2).\n- (i) gave a written notice (proposed study) under section 56(1); or\n- (ii) caused a public notice (proposed study) to be published under section 61(2); and","sortOrder":212},{"sectionNumber":"sec.171","sectionType":"section","heading":"Approval of particular cultural heritage management plans endorsed before commencement","content":"### sec.171 Approval of particular cultural heritage management plans endorsed before commencement\n\nThis section applies if, before the commencement, a sponsor—\neither—\ngave a written notice (proposed plan) under section 91(1); or\ncaused a public notice (proposed plan) to be published under section 96(2); and\neither—\nendorsed an Aboriginal party under section 97(2), 99(2) or 101(2); or\nwas not required to endorse an Aboriginal party.\nIf the cultural heritage management plan is given to the chief executive for approval under section 107(1), the chief executive must approve or refuse to approve the plan under this Act as in force before the commencement.\nDespite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 172.\ns 171 ins 2018 No. 27 s 98\n(sec.171-ssec.1) This section applies if, before the commencement, a sponsor— either— gave a written notice (proposed plan) under section 91(1); or caused a public notice (proposed plan) to be published under section 96(2); and either— endorsed an Aboriginal party under section 97(2), 99(2) or 101(2); or was not required to endorse an Aboriginal party.\n(sec.171-ssec.2) If the cultural heritage management plan is given to the chief executive for approval under section 107(1), the chief executive must approve or refuse to approve the plan under this Act as in force before the commencement.\n(sec.171-ssec.3) Despite subsection (1), this section does not apply to an act or omission that is declared to be, and to have always been, valid and lawful under section 172.\n- (a) either— (i) gave a written notice (proposed plan) under section 91(1); or (ii) caused a public notice (proposed plan) to be published under section 96(2); and\n- (i) gave a written notice (proposed plan) under section 91(1); or\n- (ii) caused a public notice (proposed plan) to be published under section 96(2); and\n- (b) either— (i) endorsed an Aboriginal party under section 97(2), 99(2) or 101(2); or (ii) was not required to endorse an Aboriginal party.\n- (i) endorsed an Aboriginal party under section 97(2), 99(2) or 101(2); or\n- (ii) was not required to endorse an Aboriginal party.\n- (i) gave a written notice (proposed plan) under section 91(1); or\n- (ii) caused a public notice (proposed plan) to be published under section 96(2); and\n- (i) endorsed an Aboriginal party under section 97(2), 99(2) or 101(2); or\n- (ii) was not required to endorse an Aboriginal party.","sortOrder":213},{"sectionNumber":"sec.172","sectionType":"section","heading":"Validation of particular acts and omissions done before commencement","content":"### sec.172 Validation of particular acts and omissions done before commencement\n\nAn act or omission done under this Act before the commencement, to the extent it was invalid or unlawful, is declared to be, and to have always been, as valid and lawful as if amended section 34 were in force at the time of the act or omission.\nIn this section—\namended section 34 means section 34 as in force on the commencement.\ns 172 ins 2018 No. 27 s 98\n(sec.172-ssec.1) An act or omission done under this Act before the commencement, to the extent it was invalid or unlawful, is declared to be, and to have always been, as valid and lawful as if amended section 34 were in force at the time of the act or omission.\n(sec.172-ssec.2) In this section— amended section 34 means section 34 as in force on the commencement.","sortOrder":214}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated main purpose of recognising, protecting, and conserving Aboriginal cultural heritage. The mechanisms used (duty of care, criminal offences, ownership vesting, database, management plans, Aboriginal party framework) are proportionate and directly connected to that purpose. There is no evidence of scope creep beyond heritage protection into unrelated areas."},"complexity_factors":["Multiple interlocking legal frameworks: the Act must be read alongside the Commonwealth Native Title Act, indigenous land use agreement registers, the Land Court Act, the Queensland Museum Act, and native title protection conditions","Layered definition of 'Aboriginal party' with multiple categories, exceptions, and fall-back rules depending on native title status, historical claims, surrenders, and extinctions","Complex safe harbour provisions that repeat across multiple offence sections with subtle differences between them","Dual ownership regime: some heritage is State-owned, some is Aboriginal-owned, with ownership capable of changing over time through transfer or statutory vesting","Interaction between cultural heritage duty of care (a civil standard) and criminal offences for the same conduct, with overlapping but not identical defences","Protections for secret/sacred information create operational tension with transparency and reporting obligations","Aboriginal cultural heritage body registration process involves subjective ministerial discretion, consultation, advertising, and agreement requirements","Database access rules are tiered and discretionary, creating uncertainty about what information is available to whom","Retrospective elements — vesting of ownership of remains and objects occurs at commencement regardless of prior ownership history","Broad and vague definitions (e.g., 'significant Aboriginal area' does not require physical markings and can include intangible significance)"],"plain_english_summary":"## Aboriginal Cultural Heritage Act 2003 (Queensland)\n\n### What is this law about?\nThis Queensland law is designed to **protect Aboriginal cultural heritage** — things like sacred sites, ceremonial objects, burial places, massacre sites, artefacts, and human remains. It recognises Aboriginal people as the rightful owners and guardians of their cultural heritage.\n\n### Who does it affect?\n**Almost everyone in Queensland**, including:\n- **Landowners, developers, miners, and farmers** — anyone carrying out activities on land\n- **Government agencies and museums** (including the Queensland Museum)\n- **Researchers and archaeologists**\n- **Aboriginal communities and representative bodies**\n- **The State of Queensland itself**\n\n### Key things this law does:\n\n**1. Establishes ownership of cultural heritage**\n- Aboriginal human remains belong to Aboriginal people with traditional or family connections to them — no matter where those remains currently are (including in museums).\n- Secret and sacred objects held by the State also belong to Aboriginal people with those connections.\n- Everything else (archaeological evidence, significant areas, objects) is owned by the State *unless* transferred to Aboriginal ownership under the Act.\n\n**2. Creates a \"duty of care\" (legal obligation)**\nAnyone carrying out *any activity* must take all reasonable steps to avoid harming Aboriginal cultural heritage. Courts can consider whether you:\n- Consulted Aboriginal communities\n- Searched the cultural heritage database\n- Commissioned a survey of the area\n- Followed government guidelines\n\nPenalty for breaching this duty: up to **$150,000 for individuals** or **$1.5 million for corporations**.\n\n**3. Makes harming cultural heritage a crime**\nIf you know (or should know) something is Aboriginal cultural heritage, it is illegal to:\n- Damage or destroy it\n- Dig it up or move it\n- Possess it without authorisation\n\nPenalties can reach **$150,000 or 2 years' imprisonment** for individuals, and **$1.5 million for corporations**. (Note: 1 penalty unit in Queensland = $150 approximately.)\n\n**4. Sets up \"safe harbours\" from prosecution**\nYou won't be prosecuted if you're acting under:\n- An approved *Cultural Heritage Management Plan* (a formal agreement outlining how heritage will be managed during a project)\n- An agreement with the Aboriginal party (the recognised Aboriginal group for that area)\n- Government-issued duty of care guidelines\n- A native title agreement\n- Emergency circumstances (e.g., bushfire)\n\n**5. Creates a database and register**\nA central database records known Aboriginal cultural heritage sites. People can search it before starting activities to understand what heritage may be in the area.\n\n**6. Defines who is an \"Aboriginal party\"**\nAn \"Aboriginal party\" is the recognised Aboriginal group for a specific area — usually people with registered native title claims or recognised native title rights. They have key rights to be consulted, to manage cultural heritage, and to enter agreements.\n\n**7. Gives the Minister power to issue Stop Orders**\nIf an activity is harming cultural heritage, the Minister can immediately order it to stop for up to 60 days. Ignoring a Stop Order carries a massive fine of up to **$2.55 million**.\n\n**8. Protects secret/sacred information**\nSecret or sacred knowledge cannot be included in government reports without the consent of the relevant Aboriginal people.\n\n### Why does this matter to you?\n- **If you're a developer, farmer, or builder:** You have a legal obligation to check for cultural heritage before starting work. Ignorance is not a defence.\n- **If you're Aboriginal:** This law recognises your ownership of remains and sacred objects, and gives your community rights to be consulted and to manage cultural heritage.\n- **If you hold Aboriginal remains or objects:** You may be legally required to hand them to the relevant Aboriginal owners or to the government."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3(1) and sec.3(2)","severity":"high","reasoning":"Section 3(1) declares the Act binds all persons including the State. Section 3(2) then carves out criminal prosecution immunity for the State. The State owns most Aboriginal cultural heritage by default under s.20(2), yet cannot be prosecuted for harming it under ss.23-26. This fundamentally undermines the protective purpose of the Act stated in s.4.","confidence":0.85,"description":"The Act binds the State including for all its provisions, but then explicitly exempts the State from criminal prosecution. This creates a situation where the State is bound by the Act's obligations (including the duty of care under s.23) but faces no criminal sanction for breach, creating a two-tiered compliance regime where the largest potential actor causing harm to Aboriginal cultural heritage is effectively immune from the Act's primary enforcement mechanism."},{"type":"impossible_compliance","section":"sec.20(2) and sec.20(3)","severity":"high","reasoning":"Section 20(2)-(3) together vest ownership of embedded cultural heritage objects in the State while expressly excluding the land itself. There is no provision in the excerpt granting the State a right of access to retrieve or protect its own property where it sits on privately-owned land, creating an ownership right that is practically unenforceable without additional powers not evident in the Act.","confidence":0.78,"description":"The State is declared to own Aboriginal cultural heritage objects or evidence that form or have previously formed part of land, or are located in, on or under land. Combined with s.20(3), this creates an absurdity where objects buried in or forming part of privately-owned land become State property, yet the State simultaneously cannot own the land itself. This creates an unprecedented and practically unworkable form of split ownership: the State owns an object embedded in land it does not own, with no mechanism provided for the State to access that object without trespassing on private property."},{"type":"circular_definition","section":"sec.12(2) and sec.12(4)","severity":"medium","reasoning":"An area is significant because objects in it are significant; objects are significant partly because of their location in the area. Neither definition provides an independent anchor point for initial identification. This circularity is compounded by s.12(2) which removes the need for any physical evidence, making the entire identification framework potentially self-validating with no objective threshold.","confidence":0.72,"description":"Section 12(2) states that an area can be a significant Aboriginal area without any markings or physical evidence. Section 12(4) then states that if significant Aboriginal objects exist in an area and their significance is intrinsically linked with their location, this alone makes the area a significant Aboriginal area. But because objects are themselves defined by their significance under s.10, and areas are defined by their significance under s.9, and both definitions are circular and self-referential, the identification of either category necessarily depends on identifying the other, creating a circular definitional loop."},{"type":"retroactive_impossibility","section":"sec.18(3)(a)","severity":"medium","reasoning":"The provision creates an instantaneous criminal obligation on commencement for persons with pre-existing knowledge, with no grace period for persons to become aware of the new law, no mens rea requirement as to knowledge of the Act itself, and a maximum penalty of 100 penalty units. The 'as soon as practicable' qualifier applies to compliance, not to the triggering of the obligation.","confidence":0.75,"description":"Section 18(3)(a) requires a person who knew of human remains before commencement to comply 'as soon as practicable after the commencement.' However, where the person's knowledge arose entirely before commencement, the obligation to report is triggered on commencement regardless of when the person actually learns of the Act's existence. This creates a retroactive impossibility: a person who knew of remains decades before the Act commenced and has no knowledge of the new legislation may be in immediate breach of a criminal obligation on the day of commencement."},{"type":"impossible_compliance","section":"sec.29 and sec.30","severity":"high","reasoning":"A person implementing a cultural heritage management plan who discovers secret or sacred cultural heritage faces mutually contradictory legal obligations with no tiebreaker. Section 30(1) creates a criminal penalty for non-reporting; s.29 creates a criminal penalty for reporting without consent. The Act provides no mechanism to obtain consent quickly, no safe harbour, no deemed consent provision, and no procedural pathway out of this dilemma. The person is exposed to criminal liability whichever course they choose.","confidence":0.88,"description":"Section 30(1) imposes a mandatory obligation on persons implementing an approved cultural heritage management plan to advise the chief executive of all Aboriginal cultural heritage revealed during the activity, with criminal penalties for non-compliance. Section 30(2) then carves out an exception where giving that advice would contravene the information protection provision in s.29. This creates an impossible compliance scenario: a person is simultaneously required by law to report discovered cultural heritage AND prohibited from reporting it if that heritage is of a secret or sacred nature and the relevant Aboriginal people have not consented. There is no mechanism in the Act to resolve this deadlock."},{"type":"self_contradicting","section":"sec.42 and sec.39(1)","severity":"medium","reasoning":"The word 'accessible' in s.39(1) creates a reasonable expectation of public access, which is then categorically denied by s.42. While ss.43-44 create specific access rights for Aboriginal parties and persons with duty of care needs, the general public and researchers (s.45 is cut off) are excluded from a database whose stated purpose includes being 'accessible.' This is a direct internal contradiction between the stated purpose and the operative provisions.","confidence":0.8,"description":"Section 39(1) declares the purpose of the database is to assemble information 'in a central and accessible location.' Section 42 then states the chief executive must not give access to the database generally. The stated purpose of the database (accessibility) is directly contradicted by its access restriction. The database is described as a 'research and planning tool' in s.39(2) yet the public cannot access it."},{"type":"circular_definition","section":"sec.23(3)(a)(i)","severity":"medium","reasoning":"The self-referential nature of the exemption means that compliance with the duty of care is achieved simply by acting under this same Act, regardless of the actual impact on cultural heritage. This circular authorisation structure could render the duty of care meaningless for any State-authorised activity.","confidence":0.65,"description":"A person acting 'under the authority of another provision of this Act' is deemed to have complied with the cultural heritage duty of care. This is potentially circular: any activity authorised anywhere in the Act is automatically deemed compliant with the duty of care, meaning the Act can authorise harm to cultural heritage while simultaneously being a statute whose primary purpose is to prevent such harm. The provision creates a blanket internal authority exemption with no requirement that the authorised activity itself meets any harm-minimisation standard."},{"type":"self_contradicting","section":"sec.32(7)","severity":"low","reasoning":"The Act's consistent penalty structure imposes 10x higher penalties on corporations than individuals (e.g., 1,000 vs 10,000 units). Section 32(7) departs from this without explanation by capping both individual and corporate liability at 17,000 units, which perversely makes the corporate deterrent relatively weaker for stop order contraventions than for other offences under the Act.","confidence":0.82,"description":"Section 32(7) states that 17,000 penalty units is the maximum penalty for contravening a stop order 'even if the offence is committed by a corporation.' This is anomalous because corporations ordinarily face higher penalties than individuals throughout the Act (e.g., 1,000 vs 10,000 penalty units in ss.23-26). Section 32(7) caps the corporate penalty at the same level as the individual penalty, meaning a corporation faces the same maximum penalty as an individual for this offence, contradicting the Act's general scheme of enhanced corporate liability."},{"type":"other","section":"sec.19(1)","severity":"medium","reasoning":"The text 'a ceremonial item' appears to be a mangled example note (compare with s.19's example note in subsection (a): 'Example of secret or sacred object— a ceremonial item'). If courts read the operative text literally, it could impose an additional requirement that the object be a ceremonial item, which is not the evident legislative intent and would exclude other secret or sacred objects.","confidence":0.7,"description":"Section 19(1) contains an apparent drafting error: it reads 'the object is a secret or sacred object; and a ceremonial item' with 'a ceremonial item' appearing as a standalone fragment. This appears to be an example that has been incorporated into the operative text of the provision, creating a grammatically incoherent subsection that could be read as adding 'being a ceremonial item' as a cumulative requirement, potentially narrowing the provision's scope to only ceremonial items rather than all secret or sacred objects."},{"type":"other","section":"sec.15(1) and sec.17(1)","severity":"medium","reasoning":"The transitional ownership mechanism in s.15 only covers remains 'in existence immediately before commencement.' Remains discovered after commencement that are not in State custody and where owners cannot be identified fall into a legislative gap: s.15 does not apply to them, s.17 only applies to pre-commencement remains, and s.20 would vest ownership in the State by default but this may not be the intended outcome for human remains.","confidence":0.68,"description":"Section 15(1) vests ownership of Aboriginal human remains in Aboriginal people with traditional or familial links 'on the commencement of this section.' Section 17(1) then imposes an obligation on non-owning possessors to surrender remains that 'were in existence immediately before the commencement.' The Act does not address remains that come into existence after commencement (i.e., newly discovered remains or future deaths). There is a gap in the ownership framework for remains discovered post-commencement that are not in State custody."}],"contradictions":[{"severity":"high","section_a":"sec.5(b)","section_b":"sec.20(2)","confidence":0.82,"description":"Section 5(b) declares as a fundamental principle that 'Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage.' Section 20(2) then vests default ownership of all Aboriginal cultural heritage in the State, meaning the State — not Aboriginal people — is the default owner of most Aboriginal cultural heritage. The fundamental principle of Aboriginal primacy is directly contradicted by the State taking residual ownership of the very cultural heritage Aboriginal people are supposed to primarily guard."},{"severity":"high","section_a":"sec.13(a)","section_b":"sec.20(2)","confidence":0.75,"description":"Section 13(a) protects 'a right of ownership of a traditional group of Aboriginal people in Aboriginal cultural heritage used or held for traditional purposes under Aboriginal tradition.' Section 20(2) vests ownership of Aboriginal cultural heritage in the State by default unless an exception applies. Where traditional custodians hold or use cultural heritage under Aboriginal tradition but do not fall within any of the s.20(1) exceptions (particularly s.20(1)(a)-(d)), the State claims ownership over heritage that s.13(a) protects as belonging to traditional groups, creating a direct conflict."},{"severity":"low","section_a":"sec.23(3)(c)","section_b":"sec.24(2)(a)(iii)","confidence":0.55,"description":"Both sections provide that acting under a native title agreement or another agreement with an Aboriginal party provides a defence, but with an important asymmetry. Section 23(3)(a)(iii) deems duty of care compliance unless the cultural heritage is 'expressly excluded' from the agreement. Section 24(2)(a)(iii) uses the same formulation. However, s.23 applies to any agreement with 'an Aboriginal party' while s.24 applies to a 'native title agreement or another agreement with an Aboriginal party.' The Act does not define whether these categories are identical, and could produce inconsistent outcomes where an agreement satisfies one provision but not the other."},{"severity":"medium","section_a":"sec.35(5) and sec.35(6)","section_b":"sec.35(1)","confidence":0.67,"description":"Section 35(1) states a native title party is an Aboriginal party for an area. Section 35(5) extends this to the whole area within the outer boundaries of a determination application. Section 35(6) then withdraws Aboriginal party status for a registered native title holder in parts of the area where native title was not found to exist AND there is a registered native title claimant. But s.35(1) still makes that native title party an Aboriginal party for the area. The interaction between the general rule in s.35(1) and the specific exception in s.35(6) is unclear: does s.35(6) override s.35(1) for the excepted parts, or does s.35(1) preserve Aboriginal party status regardless?"},{"severity":"low","section_a":"sec.36(2)","section_b":"sec.36(3)","confidence":0.6,"description":"Section 36(2) states the Minister 'must not' register a new corporation as an Aboriginal cultural heritage body where there is 'currently another corporation registered' for the area or any part of the area. Section 36(3) then provides a discretionary exception allowing the Minister to do exactly this in certain circumstances. The mandatory prohibition in s.36(2) and the discretionary permission in s.36(3) create an apparent contradiction: the 'must not' language suggests an absolute bar, yet s.36(3) overrides it. While this may be intentional drafting, the use of 'must not' rather than 'may not except as provided in subsection (3)' creates interpretive ambiguity about whether s.36(3) is a true exception or whether s.36(2) establishes a general rule that s.36(3) violates."},{"severity":"medium","section_a":"sec.39(3)","section_b":"sec.23(2)(e)","confidence":0.73,"description":"Section 39(3) states that placing information on the database 'is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.' Section 23(2)(e) provides that a court may consider 'whether the person searched the database and register for information about the area affected by the activity' when determining duty of care compliance. If the database is explicitly non-authoritative under s.39(3), it is contradictory to use it as a relevant factor in assessing duty of care compliance under s.23(2)(e). Searching an admittedly inaccurate or non-comprehensive database cannot rationally contribute to establishing due diligence."},{"severity":"medium","section_a":"sec.14(3)(c)","section_b":"sec.20(1)(b)","confidence":0.65,"description":"Section 14(3)(c) identifies 'Aboriginal cultural heritage lawfully taken away from an area' as a category that should be owned by Aboriginal people with traditional or familial links. Section 20(1)(b) provides that Aboriginal cultural heritage 'passing into the ownership of an Aboriginal party under this Act' is not State-owned. However, there is no provision in the excerpted Act that actually transfers ownership of lawfully-taken-away cultural heritage to an Aboriginal party — the mechanism stated in s.6(c) (recognising Aboriginal ownership of cultural heritage lawfully taken away) is not implemented in the ownership provisions. Section 20(1)(c) covers confirmed existing ownership and s.20(1)(d) covers transferred ownership, but neither specifically addresses the s.14(3)(c) scenario, creating a gap between the stated intent and the operative provisions."}]},"kimi_summary":{"_metrics":{"completionTokens":816},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears complete and consistent with its original purpose as stated in section 4: 'effective recognition, protection and conservation of Aboriginal cultural heritage.' The comprehensive provisions for ownership, duty of care, studies, management plans, and enforcement all serve this core purpose without significant mission creep."},"complexity_factors":["Multiple overlapping definitions of 'Aboriginal party' with native title claimant/holder distinctions and complex conditional logic (sec.34-35)","Nested exceptions and safe harbour provisions for the cultural heritage duty of care (sec.23) and offences (secs.24-26) with 6+ alternative compliance pathways each","Extensive procedural requirements for cultural heritage studies (Part 6) and management plans (Part 7) involving multiple notice types, time limits, endorsement rules, and fallback mechanisms","Cross-references to external regimes including Native Title Act 1993 (Cth), Land Court Act 2000, Environmental Protection Act, and repealed predecessor legislation","Dual-track approval processes with chief executive and Minister roles, plus Land Court mediation/hearing provisions for disputes","Information protection provisions creating tension between transparency and cultural sensitivity (sec.29)","Detailed enforcement powers including warrant procedures, special warrants, seizure powers, and identity card requirements (Part 8)","Transitional and validation provisions addressing pre-commencement actions and retrospective validation (Part 11)","Multiple penalty tiers with distinctions between individuals and corporations, and between summary and indictable offences (sec.156)"],"plain_english_summary":"This Queensland law protects Aboriginal cultural heritage — meaning significant areas, objects, and archaeological evidence of Aboriginal occupation. It recognises Aboriginal people as the primary guardians of their heritage and aims to return ownership of human remains and sacred objects to traditional owners.\n\n**Key things the law does:**\n\n- **Returns ownership**: Aboriginal human remains and secret/sacred objects held by the State (including in museums) automatically become owned by Aboriginal people with traditional or familial links.\n- **Creates a \"duty of care\"**: Anyone doing activities that might harm Aboriginal cultural heritage must take \"all reasonable and practicable measures\" to avoid or minimise that harm. Heavy penalties apply for breaching this (up to 1,000 penalty units for individuals, 10,000 for corporations).\n- **Makes harming heritage an offence**: It's illegal to harm, excavate, relocate, or possess Aboriginal cultural heritage if you know or should reasonably know what it is — unless you have proper authorisation, an approved management plan, or it's an emergency.\n- **Sets up two information systems**: A **database** (restricted access, mainly for Aboriginal parties and researchers) and a **public register** recording cultural heritage studies and management plans.\n- **Requires cultural heritage studies**: Before major developments, studies must identify significant areas and objects, with Aboriginal parties assessing significance and being involved throughout.\n- **Requires cultural heritage management plans**: For projects needing environmental impact statements, approved plans must be in place showing how harm will be avoided or minimised. These are developed through negotiation between project sponsors and Aboriginal parties.\n- **Establishes \"Aboriginal parties\"**: These are people or groups with native title claims, traditional knowledge, or recognised responsibility for an area — they must be consulted and can participate in studies and plans.\n- **Creates \"Aboriginal cultural heritage bodies\"**: Corporations registered to help identify Aboriginal parties for particular areas.\n\n**Who it affects:** Land developers, miners, farmers, government agencies, museums, and anyone working on or near Aboriginal cultural heritage sites in Queensland. Aboriginal people and communities are central decision-makers about their heritage.\n\n**Why it matters:** It shifts control of cultural heritage back to Aboriginal people, creates clear legal obligations to protect heritage before damage occurs, and establishes enforceable penalties for destruction. It replaces an older system with one that prioritises Aboriginal knowledge and involvement."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act replaced the narrow 1987 Act (which only covered certain 'designated landscape areas') with a comprehensive regime covering all Aboriginal cultural heritage across Queensland. It introduced new ownership rights for Aboriginal people, a broad duty of care, mandatory management plans for many projects, and significant enforcement powers. The scope expanded from protecting defined areas to protecting almost any object, area, or evidence of Aboriginal significance, regardless of location or prior recognition."},"complexity_factors":["Over 170 sections with multiple parts, divisions, and subdivisions","Heavy reliance on definitions in Schedule 2 and elsewhere","Cross-references to other Acts (Native Title Act, Land Court Act, Queensland Museum Act)","Conditional exemptions with multiple sub-conditions (e.g., s.23-26)","Elaborate procedural requirements for cultural heritage studies (Part 6) and management plans (Part 7)","Use of imprecise terms like 'reasonable and practicable'","Multiple roles for sponsor, endorsed parties, cultural heritage bodies","Transitional and validation provisions adding layers of complexity"],"plain_english_summary":"This Queensland law sets out how Aboriginal cultural heritage must be protected and managed. It applies to anyone who owns, uses, or develops land in Queensland. The law says that certain items – like Aboriginal human remains, secret or sacred objects, and other objects of significance – are now owned by Aboriginal people who have traditional or family links to them. For other types of Aboriginal heritage, the State owns them unless they are transferred. \n\nThe key rule is the 'cultural heritage duty of care'. Anyone doing an activity (like building, mining, or farming) must take all reasonable steps to avoid harming Aboriginal cultural heritage. If they don't, they can face hefty fines (up to 1,000 penalty units for individuals – currently over $150,000 – and 10,000 for companies). There are some exceptions, such as if you have an approved cultural heritage management plan or a native title agreement.\n\nThe law also requires certain projects – particularly those needing an environmental impact statement – to have an approved cultural heritage management plan before a government authority can give the go-ahead. These plans are negotiated with Aboriginal parties who have ties to the area.\n\nThere is a database (not public) and a register (publicly accessible) where information about Aboriginal heritage is kept. The Minister can issue stop orders to halt activities that are harming heritage, and can even force the government to buy land to protect it.\n\nThe law changes who has control over land use. Landowners and developers must now consult with Aboriginal groups and potentially change their plans to avoid heritage sites. This can add time and cost to projects, and creates uncertainty because what counts as 'significant' Aboriginal heritage is not always clear and can be based on oral traditions or contemporary history.\n\nIn short: this Act gives Aboriginal people more ownership and control over heritage, but it also creates new legal risks and paperwork for anyone who wants to use land in Queensland."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-cultural-heritage-act-2003","history":"/api/acts/aboriginal-cultural-heritage-act-2003/history","analysis":"/api/acts/aboriginal-cultural-heritage-act-2003/analysis","conflicts":"/api/acts/aboriginal-cultural-heritage-act-2003/conflicts","importantCases":"/api/acts/aboriginal-cultural-heritage-act-2003/important-cases","documents":"/api/acts/aboriginal-cultural-heritage-act-2003/documents"}}