123Offences in relation to certain archaeological sites

123 Offences in relation to certain archaeological sites (1) A person commits an offence if— (a) the person knowingly or negligently— (i) defaces, damages or otherwise interferes with an archaeological site; or (ii) carries out an act that is likely to endanger an archaeological site; and (b) the person is not— (i) permitted to do so by a determination under section 123A; or (ii) authorised to do so by a consent issued under this Part; and (c) the archaeological site— (i) is recorded in the Heritage Inventory; or (ii) is not recorded in the Heritage Inventory and is not— (A) a site which is determined by the Executive Director to have low archaeological value; or (B) a site which has been removed from the Heritage Inventory under section 119; and (d) the archaeological site is not a registered archaeological place or a registered archaeological artefact. (2) A person commits an offence if— (a) the person knowingly— (i) uncovers or exposes land for the purpose of uncovering or discovering an archaeological site; or (ii) disturbs or excavates land for the purpose of uncovering or discovering an archaeological site; and (b) the person is not— (i) permitted to do so by a determination under section 123A; or (ii) authorised to do so by a consent issued under this Part; and (c) the archaeological site— (i) is recorded in the Heritage Inventory; or (ii) is not recorded in the Heritage Inventory and is not— (A) a site which is determined by the Executive Director to have low archaeological value; or (B) a site which has been removed from the Heritage Inventory under section 119; and (d) the site is not a registered archaeological place or a registered archaeological artefact. (3) A person who commits an offence against subsection (1) or (2) is liable to— (a) in the case of a natural person, 600 penalty units or imprisonment for 12 months or both; (b) in the case of a body corporate, 1200 penalty units. Offences apply in relation to registered archaeological places and registered archaeological artefacts under sections 87, 88 and 89. S. 123A inserted by No. 5/2023 s. 88.