9Protection of protected sites

9 Protection of protected sites

(1)  Except in accordance with the terms of a permit granted by the Director, no person –

(a) shall destroy, damage, disfigure, conceal, uncover, expose, excavate, or otherwise interfere with a protected object;

(b) shall carry out an act likely to endanger a protected object; or

(c) shall destroy, damage, or deface, or otherwise interfere with any fencing or notice erected, or any other work carried out, in or in respect of a protected site in pursuance of this Act.

(2)  Except in accordance with the terms of a permit granted by the Minister on the recommendation of the Director, no person shall remove a protected object from a protected site.

(2A)  [Section 9 Subsection (2A) inserted by No. 18 of 2017, s. 9, Applied:16 Aug 2017] A person who –

(a) contravenes subsection (1)(a) or (b) in relation to a relic or object, knowing, at the time of the contravention, that it is a protected object; or

(b) contravenes subsection (1)(c) or subsection (2) in relation to a site, knowing, at the time of the contravention, that it is a protected site –

is guilty of an offence.

Penalty:  In the case of –

(a) a body corporate, other than a small business entity, a fine not exceeding 10 000 penalty units; or

(b) an individual or a small business entity, a fine not exceeding 5 000 penalty units.

(2B)  [Section 9 Subsection (2B) inserted by No. 18 of 2017, s. 9, Applied:16 Aug 2017] A person who –

(a) contravenes subsection (1)(a) or (b) in relation to a relic or object and is, at the time of the contravention, reckless or negligent as to whether it is a protected object; or