58Defence of low impact acts or omissions to the offence of harming Aboriginal objects

58 Defence of low impact acts or omissions to the offence of harming Aboriginal objects

58 Defence of low impact acts or omissions to the offence of harming Aboriginal objects

(1) It is a defence to a prosecution for an offence under section 86(2) of the Act, if the defendant establishes that the act or omission concerned—

(a) was maintenance work of the following kind on land that has been disturbed—

(i) maintenance of existing roads, fire and other trails and tracks,

(ii) maintenance of existing utilities and other similar services (such as above or below ground electrical infrastructure, water or sewerage pipelines), or

(b) was farming and land management work of the following kind on land that has been disturbed—

(i) cropping and leaving paddocks fallow,

(ii) the construction of water storage works (such as farm dams or water tanks),

(iii) the construction of fences,

(iv) the construction of irrigation infrastructure, ground water bores or flood mitigation works,

(v) the construction of erosion control or soil conservation works (such as contour banks), or

(c) was farming and land management work that involved the maintenance of the following existing infrastructure—

(i) grain, fibre or fertiliser storage areas,

(ii) water storage works (such as farm dams or water tanks),

(iii) irrigation infrastructure, ground water bores or flood mitigation works,

(iv) fences,

(v) erosion control or soil conservation works (such as contour banks), or

(d) was the grazing of animals, or

(e) was an activity on land that has been disturbed that comprises exempt development or was the subject of a complying development certificate issued under the Environmental Planning and Assessment Act 1979, or

(f) was mining exploration work of the following kind on land that has been disturbed—