sec.25Prohibited excavation, relocation and taking away

### sec.25 Prohibited excavation, relocation and taking away 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. 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. 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. (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. (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. (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. - (a) for an individual—1,000 penalty units; - (b) for a corporation—10,000 penalty units. - (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 - (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 - (b) the person owns the Aboriginal cultural heritage, or is acting with the owner’s agreement; or - (c) the excavation, relocation or taking away is necessary because of an emergency, including for example, a bushfire or other natural disaster. - (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