Torres Strait Islander Cultural Heritage Act 2003
sec.21Continued use of surface
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sec.21 Continued use of surface
This section applies if Torres Strait Islander cultural heritage is located on the surface of land, and— under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or a person is otherwise entitled to the use and enjoyment of the surface of the land. Despite the existence of the Torres Strait Islander cultural heritage, the owner or occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not unlawfully harm the cultural heritage. (sec.21-ssec.1) This section applies if Torres Strait Islander cultural heritage is located on the surface of land, and— under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or a person is otherwise entitled to the use and enjoyment of the surface of the land. (sec.21-ssec.2) Despite the existence of the Torres Strait Islander cultural heritage, the owner or occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not unlawfully harm the cultural heritage.
- (a) under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or
- (b) a person is otherwise entitled to the use and enjoyment of the surface of the land.