Torres Strait Islander Cultural Heritage Act 2003
sec.165Cultural heritage arrangements for project authorised before commencement
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sec.165 Cultural heritage arrangements for project authorised before commencement
This section applies to a project if— under an Act other than this Act, an authority is required for the project; and the authority was obtained before the commencement of this section; and for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Torres Strait Islander cultural heritage. Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Torres Strait Islander cultural heritage expressly or impliedly the subject of the arrangements. In this section— authority includes a lease, licence, permit or approval. (sec.165-ssec.1) This section applies to a project if— under an Act other than this Act, an authority is required for the project; and the authority was obtained before the commencement of this section; and for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Torres Strait Islander cultural heritage. (sec.165-ssec.2) Until the project is finished, a person who, under the authority, carries out an activity for the project under the arrangements does not commit an offence against a cultural heritage protection provision in relation to Torres Strait Islander cultural heritage expressly or impliedly the subject of the arrangements. (sec.165-ssec.3) In this section— authority includes a lease, licence, permit or approval.
- (a) under an Act other than this Act, an authority is required for the project; and
- (b) the authority was obtained before the commencement of this section; and
- (c) for the purposes of obtaining the authority, arrangements were put in place, whether by placing conditions on the authority or in some other way, directed at ensuring that the project would avoid or minimise harm to Torres Strait Islander cultural heritage.