Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 32
Stop orders
32 Stop orders
(1) This section applies if the Minister is satisfied there are reasonable
grounds for concluding— (a) a person is carrying out or is about to carry
out an activity; and
(b) either or both of the following apply— (i) in
carrying out the activity, the person is or will be harming
Aboriginal cultural heritage;
(ii) the carrying out of the activity is having
or will have a significant adverse impact on the cultural heritage value of
Aboriginal cultural heritage.
(2) The Minister may give the person a stop
order for the activity.
(3) The stop order must be given to the person— (a)
by giving it to the person personally; or
(b) if it is not reasonably
practicable to give it to the person personally—by fixing it in a prominent
position at the place where the activity is being carried out or is about to
be carried out.
(4) The stop order— (a) operates from when it is given to
the person under subsection (3) ; and
(b) unless it is revoked sooner,
continues in force for 30 days from when it is given to the person, or for a
shorter period stated in the order.
(5) The Minister may give 1 further stop
order of not more than 30 days under this section for the person’s activity.
(6) A person must not knowingly contravene a stop order given to a person
under this section. Penalty— Maximum penalty—17,000 penalty units.
(7) The penalty amount mentioned in subsection (6) is the maximum penalty
amount that may be imposed for an offence under the subsection, even if the
offence is committed by a corporation.
(8) A stop order under this section is
ineffective in its application to an activity if the activity is the subject
of an injunction granted in the exercise of the exclusive jurisdiction the
Land Court has for cultural heritage matters under the Land Court Act 2000 ,
section 32H .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback