Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 25
Prohibited excavation, relocation and taking away
25 Prohibited excavation, relocation and taking away
(1) A person must not excavate, relocate or take away
Aboriginal cultural heritage if the person knows or ought reasonably to know
that it is Aboriginal cultural heritage. Penalty— Maximum penalty—
(a) for an individual—1,000 penalty units;
(b) for a corporation—10,000
penalty units.
(2) A person who excavates, relocates or takes away
Aboriginal cultural heritage does not commit an offence under subsection (1)
if— (a) the person is acting— (i) under the authority of another provision
of this Act that applies to the Aboriginal cultural heritage; or
(ii) under
an approved cultural heritage management plan that applies to the
Aboriginal cultural heritage; or
(iii) under a native title agreement or
another agreement with an Aboriginal party, unless the
Aboriginal cultural heritage is expressly excluded from being subject to the
agreement; or
(iv) in compliance with cultural heritage duty of care
guidelines; or
(v) in compliance with the cultural heritage duty of care; or
(vi) in compliance with native title protection conditions, but only if the
Aboriginal cultural heritage is expressly or impliedly the subject of the
conditions; or
(b) the person owns the Aboriginal cultural heritage, or is
acting with the owner’s agreement; or
(c) the excavation, relocation or
taking away is necessary because of an emergency, including for example, a
bushfire or other natural disaster.
(3) For subsection (1) , it does not
matter whether the circumstances of the person’s knowledge arose before the
commencement of this section, or arise after the commencement, or arose partly
before the commencement and arise partly after the commencement.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback