Part 5Special protection

Part 5—Special protection Division 1—Places or objects of particular significance 25—Places of geological, palaeontological or speleological significance A person must not, without a permit from the Council— (a) excavate or disturb a State Heritage Place designated as a place of geological, palaeontological or speleological significance; or (b) remove geological, palaeontological or speleological specimens from such a place. 26—Places of archaeological significance A person must not, without a permit from the Council— (a) excavate or disturb a State Heritage Place designated as a place of archaeological significance; or (b) remove archaeological artefacts from such a place. 27—Protection of archaeological artefacts (1) A person must not, without a permit from the Council— (a) excavate or disturb any land (not designated as a place of archaeological significance) for the purpose of searching for or recovering archaeological artefacts of heritage significance; or (b) excavate or disturb any land (not designated as a place of archaeological significance) knowing or having reasonable cause to suspect that the excavation or disturbance will or is likely to result in an archaeological artefact of heritage significance being discovered, exposed, moved, damaged or destroyed. (2) A person who is aware or believes that he or she may have discovered or located an archaeological artefact of heritage significance (other than a person acting under the authority of a permit) must— (a) cease to excavate or disturb the place where the relevant object has been discovered (if relevant); (b) within the period specified by the regulations— (i) notify the Council of the location of the relevant object, unless the person has reasonable grounds to believe that the Council is aware of the location of the relevant object; and (ii) furnish the Council with such information as the Council may reasonably require; (c) take no further action in relation to the recovering of the relevant object without a permit or other authorisation from the Council; (d) if required by the Council, surrender the relevant object to the Crown. Maximum penalty: $25 000. (3) The Council may, by notice in the Gazette, create exceptions to this section, either conditionally or unconditionally, in respect of any of the following: (a) any object of a specified kind or description; (b) any excavation or disturbance of a specified kind or description; (c) any excavation or disturbance of land in a specified location or having specified features or attributes; (d) any excavation or disturbance of land in respect of which an archaeological assessment approved by the Council indicates— (i) that there is little likelihood of there being any archaeological artefacts in the land; or (ii) that any archaeological artefacts in the land are unlikely to be of heritage significance; (e) any other circumstance determined to be appropriate by the Council. (4) Subsection (2) does not apply in relation to a person who discovered the relevant object before the commencement of this section. (5) This section does not prevent a person from excavating or disturbing land in accordance with an authority or permit under— (a) the Aboriginal Heritage Act 1988; or (b) the Historic Shipwrecks Act 1981; or (c) any other Act prescribed by the regulations for the purposes of this subsection. 28—Damage to or disposal of objects (1) A person must not, without a permit from the Council, damage, destroy or dispose of— (a) a geological, palaeontological or speleological specimen removed from a State Heritage Place designated as a place of geological, palaeontological or speleological significance (whether removed before or after the entry of that place in the Register); or (b) an archaeological artefact removed from a State Heritage Place designated as a place of archaeological significance (whether removed before or after the entry of that place in the Register). (2) A person must not, without a permit from the Council, damage, destroy or dispose of an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b). (3) A person must not, without a permit from the Council, alter an object entered in the Register (either as a provisional or confirmed entry) under section 14(2)(b) in a way that would materially affect the heritage significance of the object. (4) It is a defence to a charge of an offence under subsection (1), (2) or (3) if it is proved that the defendant did not know, and could not by the exercise of reasonable diligence be expected to have known, that the specimen or artefact came from a State Heritage Place with the relevant designation, or that the object was entered in the Register (as the case may be). 29—Permits (1) A permit may be granted on such conditions as the Council thinks fit and those conditions may, for example— (a) require that the operations to be carried out in pursuance of the permit be supervised by a person with appropriate professional qualifications and experience specified in the permit; (b) provide for the notification of the discovery or recovery of any specified classes of specimens, artefacts or other objects under the permit; (c) provide that geological, palaeontological or speleological specimens, archaeological artefacts or other objects recovered or removed in the course of the operations are to belong to the Crown; (d) make provision for the protection and curation of any such specimens, artefacts or other objects. (2) If an application for a permit under this Act relates to an area within a River Murray Protection Area, the Council must, in considering the application, take into account, and seek to further, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (3) If an application for a permit under this Act relates to an area within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Council must, before making its decision on the application— (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister). (4) The Council may, at any time by notice given to the holder of a permit— (a) vary or revoke the permit; or (b) vary or revoke a condition of a permit. (5) A person must not contravene or fail to comply with a condition of a permit. (6) A person who is dissatisfied with a decision of the Council— (a) with respect to his or her application for a permit; or (b) in the exercise of a power under subsection (1) or (4), may appeal to the Minister. (7) On an appeal, the Minister may— (a) confirm, vary or reverse the decision under appeal; or (b) remit the matter to the Council for further consideration or reconsideration. (8) A decision of the Minister under subsection (7)(a) will have effect as if it were a decision of the Council. 29A—Related matters—objects (1) A person must not, without the consent of the Council, buy or sell an object that the person knows, or has reasonable grounds to believe, has been recovered in contravention of this Division. Maximum penalty: $10 000. (2) If the Council believes on reasonable grounds that a person has possession of an object that has been recovered in contravention of this Division, the Council may, by notice in writing, require the person to surrender the object to the Crown. (3) A person must not fail to comply with a requirement under subsection (2). Maximum penalty: $10 000. (4) No compensation is payable to a person as a consequence of the surrender of an object to the Crown under this Division. Division 2—Emergency protection 30—Stop orders (1) If the Council is of the opinion— (a) that a place has sufficient heritage significance to justify its preservation, or that a place should be evaluated in order to determine whether its heritage significance justifies its preservation; and (b) that an order under this section is necessary to protect the place, the Council may make an order requiring a person to stop any work or activity, or prohibiting a person from starting any work or activity, that may destroy or reduce the heritage significance of that place. (2) An order under subsection (1) takes effect on service of notice of the order on the person and ceases to have effect 12 working days after that service unless confirmed by the Court under this section. (3) If the Council makes an order under subsection (1)— (a) the Council must forthwith apply to the Court for an order under this section; and (b) if the place is not entered in the Register, provisionally enter the place in the Register. (4) On application under subsection (3) the Court may— (a) — (i) confirm the Council's order; or (ii) make, in substitution for the Council's order, any other order that the Court thinks necessary to protect the place; or (iii) revoke the Council's order; and (b) make any consequential or ancillary order. (5) If a place that is subject to an order under this section is removed from the Register, the order ceases to have any effect. (6) A person who contravenes or fails to comply with an order under this section is guilty of an offence.