6Prohibitions and restrictions with respect to the declared area

6 Prohibitions and restrictions with respect to the declared area

(1) For section 10 of the Act, the declared area is a significant Aboriginal area that is to be preserved and protected from injury and desecration. (2) A person must not do any act in, on or near the declared area that will, or is likely to, injure or desecrate the declared area.

Note: Subsection 3(2) of the Act relevantly states that for the purposes of the Act, an area shall be taken to be injured or desecrated if:

Note: (i) it is used or treated in a manner inconsistent with Aboriginal tradition;

Note: (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or

Note: (iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal Tradition.

Note: Under subsection 22(1) of the Act, a person commits an offence if the person engages in conduct that contravenes a provision of a declaration made under Part II of the Act in relation to a significant Aboriginal area.

(3) Without limiting subsection (2), a person must not: (a) pass through or over, or enter, the declared area; or (b) bulldoze, grade, drill, dig, excavate, cut, fill, blast, clear, demolish, tunnel, burn, remove, or otherwise damage land in the declared area; or (c) build or construct any road, building or structure in, or intruding into, the declared area; or (d) kill, cut down, poison, deface, burn, remove or otherwise damage any tree in the declared area; or (e) cause any projectile or aerial device to enter into the declared area. (4) Subsections (2) and (3) do not apply to acts done by an authorised person: (a) for the purposes of practising or observing Aboriginal traditions, observances, cultural practices, customs, or beliefs; (b) for the purposes of education, research, management, monitoring, revegetation, restoration or rehabilitation; or (c) where doing the act is authorised or required by law. (5) A person is an authorised person in relation to the doing of an act if: (a) the person is an elder of the Gumbaynggirr Nation; or (b) the person has received permission to do the act from: (i) an elder of the Gumbaynggirr Nation; or (ii) the Nambucca Heads Local Aboriginal Land Council; or (c) the person is authorised or required by law to do the act. (6) For the purposes of paragraph 5(c), a person is not authorised or required by law to do an act merely because the person has received an approval, permission, authority or consent to undertake activities in connection with using or developing land in, on or near the declared area.