Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts40. (1) In this section—“order” means an order referred to in subsection (2).
(2) The Minister may make an order under Division 3 of Part VI of the Land Act in relation to the disturbance, damage or destruction of an unregistered Aboriginal object except where—
(a) a declaration under paragraph 42 (1) (b) is in force in relation to that object; or
(b) the object has previously been registered.
(3) For the purposes of Division 3 of Part VI of the Land Act in its application to an order, the disturbance, damage or destruction referred to in subsection (2) is to be taken to be a controlled activity.
(4) In deciding whether to make an order, the Minister shall consider whether the relevant controlled activity is likely to affect adversely the heritage significance—
(a) of the object; or
(b) in the case of an object which is related to the heritage significance of a place—of that place.
(5) An order—
(a) shall specify the grounds on which the order is made; and
(b) may direct any person against whom it is made—
(i) to stop disturbing, damaging or destroying an unregistered Aboriginal object; or
(ii) not to commence disturbing, damaging or destroying such an object.
(6) An order shall remain in force for such period, not exceeding 35 days, as is specified in the order.
(7) Subsection 256 (5) of the Land Act does not apply in relation to an order for the purposes of this section.