87When can a stop order be issued?

87 When can a stop order be issued? S. 87(1) substituted by No. 11/2016 s. 65. (1) Subject to section 95A, the Minister or an authorised officer may issue a stop order to a person if— (a) the person is carrying out, or proposes to carry out, any act; and (b) the Minister or authorised officer is satisfied that there are reasonable grounds for believing that the carrying out of the act is harming, or is likely to harm, Aboriginal cultural heritage; and (c) the Minister or authorised officer is satisfied that there are reasonable grounds for believing that the Aboriginal cultural heritage could not be properly protected unless a stop order is issued. S. 87(1A) inserted by No. 11/2016 s. 65. (1A) The Minister or an authorised officer must not issue a stop order to a person in relation to an act that is being carried out or is proposed to be carried out in accordance with any of the following— (a) a cultural heritage permit; or (b) an approved cultural heritage management plan; or (c) an Aboriginal cultural heritage land management agreement. (2) A stop order must be in the approved form.