sec.153Access to land

sec.153 Access to land

A person who wishes to enter land to perform an activity (the cultural heritage activity ) under this Act must consult with the owner or occupier of the land about obtaining the necessary access. The sponsor for a cultural heritage management plan would need to consult with the owner or occupier of land to obtain access required to properly assess Torres Strait Islander cultural heritage values for developing the plan. However, if the person is authorised under another Act to enter the land to carry out activities for a project, and the cultural heritage activity is a necessary complementary or ancillary activity to the project— the person is also authorised to enter the land to perform the cultural heritage activity; and unless otherwise agreed between the person and the owner or occupier, the conditions of access that apply are the same conditions of access that apply under the other Act. The authority given to the person under subsection (2) extends to agents and employees of the person acting under the authority of the person. If the person is the sponsor for a cultural heritage management plan, the authority also extends to endorsed parties for the plan and their representatives, if their access to the land is— reasonably required to properly assess Torres Strait Islander cultural heritage values for developing the plan; and approved by the sponsor. (sec.153-ssec.1) A person who wishes to enter land to perform an activity (the cultural heritage activity ) under this Act must consult with the owner or occupier of the land about obtaining the necessary access. The sponsor for a cultural heritage management plan would need to consult with the owner or occupier of land to obtain access required to properly assess Torres Strait Islander cultural heritage values for developing the plan. (sec.153-ssec.2) However, if the person is authorised under another Act to enter the land to carry out activities for a project, and the cultural heritage activity is a necessary complementary or ancillary activity to the project— the person is also authorised to enter the land to perform the cultural heritage activity; and unless otherwise agreed between the person and the owner or occupier, the conditions of access that apply are the same conditions of access that apply under the other Act. (sec.153-ssec.3) The authority given to the person under subsection (2) extends to agents and employees of the person acting under the authority of the person. (sec.153-ssec.4) If the person is the sponsor for a cultural heritage management plan, the authority also extends to endorsed parties for the plan and their representatives, if their access to the land is— reasonably required to properly assess Torres Strait Islander cultural heritage values for developing the plan; and approved by the sponsor.

• (a) the person is also authorised to enter the land to perform the cultural heritage activity; and