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Aboriginal Heritage Act 1988
Div 4Acquisition and custody of Aboriginal sites, objects and records
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Division 4—Acquisition and custody of Aboriginal sites, objects and records
30—Acquisition of land
The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of protecting or preserving an Aboriginal site, object or remains.
31—Acquisition of objects and records
(1) The Minister may—
(a) acquire an Aboriginal object or record by purchase; or
(b) compulsorily acquire an Aboriginal object or record in accordance with this section.
(2) If the owner of an Aboriginal object or record is unwilling to sell the object to the Minister, or is unwilling to sell it for an amount the Minister considers reasonable, the Minister may apply to the Supreme Court for a valuation of the object or record.
(3) If within one month after the date of a valuation by the Court, the Minister pays into the Court the amount of the valuation, the Court may—
(a) make an order vesting title to the object or record in the Minister; and
(b) make any incidental or ancillary orders that may be necessary or desirable in the circumstances of the case.
32—Surrender of objects and records
(1) The Minister may require a person who has possession of an Aboriginal object or record, or an object or record that the Minister has reason to believe may be an Aboriginal object or record, to surrender the object or record to the Minister, or to a person nominated by the Minister, for one or more of the following purposes:
(a) determination of whether the object or record is an Aboriginal object or record;
(b) examination for the purposes of making an entry in the central or local archives;
(c) consideration of acquisition by the Minister of the object or record under this Act;
(d) in the case of an object, research related to the object.
(2) An object or record surrendered under subsection (1)—
(a) may, unless acquired by the Minister, be retained for a period not exceeding 3 months; and
(b) if returned, must, subject to any agreement to the contrary with the owner of the object or record, be returned in the condition in which it was surrendered.
(3) A person must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.
33—Forfeiture of objects
Where the owner of an Aboriginal object is found guilty of an offence in relation to that object, the court may, in addition to any penalty that the court may impose, order that the object be forfeited to the Crown.
34—Custody of land, objects and records
Where land or an Aboriginal object or record has been acquired or has come into the possession of the Minister (except by surrender of the object or record under section 32), the land or object may, if the Minister so determines—
(a) be placed in the custody of an Aboriginal person or organisation; or
(b) be dealt with in any other manner, subject to such conditions as the Minister may determine.