sec.13Interpretation to support existing rights and interests

sec.13 Interpretation to support existing rights and interests

A provision of this Act must not be interpreted in a way that would allow the provision to operate in a way that prejudices— a right of ownership of a traditional group of Torres Strait Islanders, or of a member of a traditional group of Torres Strait Islanders, in Torres Strait Islander cultural heritage used or held for traditional purposes under Island custom; or a person’s enjoyment or use of, or free access to, Torres Strait Islander cultural heritage, if— the person usually lives according to Island custom as it relates to a particular group of Torres Strait Islanders; and the access, enjoyment or use is sanctioned by the Island custom; or native title rights and interests.

• (a) a right of ownership of a traditional group of Torres Strait Islanders, or of a member of a traditional group of Torres Strait Islanders, in Torres Strait Islander cultural heritage used or held for traditional purposes under Island custom; or
• (b) a person’s enjoyment or use of, or free access to, Torres Strait Islander cultural heritage, if— (i) the person usually lives according to Island custom as it relates to a particular group of Torres Strait Islanders; and (ii) the access, enjoyment or use is sanctioned by the Island custom; or
• (i) the person usually lives according to Island custom as it relates to a particular group of Torres Strait Islanders; and
• (ii) the access, enjoyment or use is sanctioned by the Island custom; or
• (c) native title rights and interests.
• (i) the person usually lives according to Island custom as it relates to a particular group of Torres Strait Islanders; and
• (ii) the access, enjoyment or use is sanctioned by the Island custom; or