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Aboriginal Heritage Act 2006
67ASponsor must comply with approved cultural heritage management plan
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67A Sponsor must comply with approved cultural heritage management plan
(1) The sponsor of an approved cultural heritage management plan is guilty of an offence if—
(a) the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and
(b) at the time of the act or omission the sponsor knew that the act or omission failed to comply with the conditions of the plan.
(2) A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—
(3) The sponsor of an approved cultural heritage management plan is guilty of an offence if—
(a) the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and
(b) at the time of the act or omission the sponsor was reckless as to whether the act or omission failed to comply with the conditions of the plan.
(4) A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—
(5) The sponsor of an approved cultural heritage management plan is guilty of an offence if—
(a) the sponsor by an act or omission fails to comply with the conditions of the approved cultural heritage management plan; and
(b) at the time of the act or omission the sponsor was negligent as to whether the act or omission failed to comply with the conditions of the plan.
(6) A sponsor of an approved cultural heritage management plan who is guilty of an offence under subsection (5) is liable to a penalty not exceeding—
Part 5—Cultural heritage agreements
Division 1—Making and amendment of agreements
68 What is a cultural heritage agreement?
(1) For the purposes of this Act, a cultural heritage agreement is an agreement between 2 or more persons relating to the management or protection of Aboriginal cultural heritage.
(2) Without limiting the matters that may be dealt with by a cultural heritage agreement, a cultural heritage agreement may deal with any of the following—
(a) the protection, maintenance or use of land containing an Aboriginal place;
(b) the protection, maintenance or use of Aboriginal objects;
(c) rights of access to, or use of, Aboriginal places or objects by Aboriginal people;
S. 68(2)(d) amended by No. 11/2016 s. 57.
(d) the restoration and preservation of Aboriginal places or objects.
(3) Despite subsections (1) and (2), a cultural heritage agreement may not deal with any activity for which a cultural heritage permit or a cultural heritage management plan is required under this Act.
(4) A cultural heritage agreement has effect as an agreement under seal.