46Mandatory cultural heritage management plans

46 Mandatory cultural heritage management plans (1) A cultural heritage management plan is required under this Part for a proposed activity if— (a) the regulations require the preparation of the plan for the activity; or (b) the Minister directs the preparation of a plan for the activity under section 48; or S. 46(1)(c) amended by No. 56/2009 s. 264(Sch. 2 item 1.1). (c) a plan is required for the activity under section 49; or S. 46(1)(d) inserted by No. 56/2009 s. 264(Sch. 2 item 1.2), amended by No. 11/2016 s. 40(1). (d) a plan is required for the activity under section 49A; or S. 46(1)(e) inserted by No. 11/2016 s. 40(2). (e) the Secretary receives an application for the certification of a preliminary Aboriginal heritage test determining that a proposed activity requires the preparation of a cultural heritage management plan, and the Secretary certifies that the test is correct. S. 46(2) inserted by No. 11/2016 s. 40(3). (2) A person is guilty of an offence if— (c) at the time of commencing the activity, the person knew the activity required a cultural heritage management plan. S. 46(3) inserted by No. 11/2016 s. 40(3). (3) A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding— 240 penalty units; 1200 penalty units. S. 46(4) inserted by No. 11/2016 s. 40(3). (4) A person is guilty of an offence if— (c) at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan. S. 46(5) inserted by No. 11/2016 s. 40(3). (5) A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding— 120 penalty units; 600 penalty units. S. 46(6) inserted by No. 11/2016 s. 40(3). (6) A person is guilty of an offence if— (c) at the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan. S. 46(7) inserted by No. 11/2016 s. 40(3). (7) A person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding— Note to s. 46 inserted by No. 11/2016 s. 40(3). Section 187A applies to an offence against subsection (2), (4) or (6).