Victorian Numbered Acts

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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 29

When is harm permitted?

    A person who does an act that harms or is likely to harm Aboriginal cultural heritage does not commit an offence under section 27 or 28 if—

        (a)     the person is acting—

              (i)     in accordance with a cultural heritage permit or approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or

              (ii)     in accordance with Aboriginal tradition as it relates to the Aboriginal cultural heritage; or

        (b)     the person does the act in the course of preparing a cultural heritage management plan in accordance with this Act; or

        (c)     the harm is the result of doing an act that is necessary because of an emergency.



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