sec.32HJurisdiction for particular cultural heritage matters

### sec.32H Jurisdiction for particular cultural heritage matters A group, or a member of a group, may apply to the Land Court for an injunction under this section to stop the doing of an act. The Land Court must hear and decide an application under subsection (1) and may grant the injunction only if the court is satisfied that— the person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and the act is a relevant act; and the applicant has standing to make the application; and it is necessary to grant the injunction to stop the person doing the act. For this section, a group or member of a group has standing to make an application if the group has a traditional, historic or custodial interest in— if the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or if the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or if neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application. In this section— Aboriginal cultural heritage protection provision means the Aboriginal Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) . group means a group of Aboriginal people or Torres Strait Islanders. relevant act means an act that is a contravention of— an Aboriginal cultural heritage protection provision; or a Torres Strait Islander cultural heritage protection provision; or a provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders. Torres Strait Islander cultural heritage protection provision means the Torres Strait Islander Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) . s 32H ins 2007 No. 39 s 23 amd 2020 No. 15 s 98 (sec.32H-ssec.1) A group, or a member of a group, may apply to the Land Court for an injunction under this section to stop the doing of an act. (sec.32H-ssec.2) The Land Court must hear and decide an application under subsection (1) and may grant the injunction only if the court is satisfied that— the person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and the act is a relevant act; and the applicant has standing to make the application; and it is necessary to grant the injunction to stop the person doing the act. (sec.32H-ssec.3) For this section, a group or member of a group has standing to make an application if the group has a traditional, historic or custodial interest in— if the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or if the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or if neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application. (sec.32H-ssec.4) In this section— Aboriginal cultural heritage protection provision means the Aboriginal Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) . group means a group of Aboriginal people or Torres Strait Islanders. relevant act means an act that is a contravention of— an Aboriginal cultural heritage protection provision; or a Torres Strait Islander cultural heritage protection provision; or a provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders. Torres Strait Islander cultural heritage protection provision means the Torres Strait Islander Cultural Heritage Act 2003 , section 24 (1) , 25 (1) or 26 (1) . - (a) the person against whom the injunction is sought is doing the act, or there are reasonable grounds for concluding that the person is likely to do the act; and - (b) the act is a relevant act; and - (c) the applicant has standing to make the application; and - (d) it is necessary to grant the injunction to stop the person doing the act. - (a) if the relevant act is a contravention of an Aboriginal cultural heritage protection provision—the Aboriginal cultural heritage to which the contravention relates; or - (b) if the relevant act is a contravention of a Torres Strait Islander cultural heritage protection provision—the Torres Strait Islander cultural heritage to which the contravention relates; or - (c) if neither paragraph (a) nor paragraph (b) applies—an item, place or area of cultural significance that may be adversely affected by the doing of the act the subject of the application. - (a) an Aboriginal cultural heritage protection provision; or - (b) a Torres Strait Islander cultural heritage protection provision; or - (c) a provision of another Act providing for the protection or preservation or access to, items, places or areas of cultural significance to Aboriginal people or Torres Strait Islanders.