QLDIn ForceAct
Aboriginal Cultural Heritage Act 2003
sec.13Interpretation to support existing rights and interests
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### sec.13 Interpretation to support existing rights and interests
A provision of this Act must not be interpreted in a way that would allow the provision to operate in a way that prejudices—
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
a person’s enjoyment or use of, or free access to, Aboriginal cultural heritage, if—
the person usually lives according to Aboriginal tradition as it relates to a particular group of Aboriginal people; and
the access, enjoyment or use is sanctioned by the Aboriginal tradition; or
native title rights and interests.
- (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
- (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
- (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
- (c) native title rights and interests.
- (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