Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 40

    (1)     In section 46(d) of the Aboriginal Heritage Act 2006 , for "49A." substitute "49A; or".

    (2)     After section 46(d) of the Aboriginal Heritage Act 2006 insert —

    "(e)     the Secretary receives an application for the certification of a preliminary Aboriginal heritage test determining that a proposed activity requires the preparation of a cultural heritage management plan, and the Secretary certifies that the test is correct.".

    (3)     At the end of section 46 of the Aboriginal Heritage Act 2006 insert —

    "(2)     A person is guilty of an offence if—

        (a)     the person commences an activity for which a cultural heritage management plan is required under this Part; and

        (b)     a cultural heritage management plan for the activity has not been approved under Division 5; and

        (c)     at the time of commencing the activity, the person knew the activity required a cultural heritage management plan.

    (3)     A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 240 penalty units;

        (b)     in the case of a body corporate, 1200 penalty units.

    (4)     A person is guilty of an offence if—

        (a)     the person commences an activity for which a cultural heritage management plan is required under this Part; and

        (b)     a cultural heritage management plan for the activity has not been approved under Division 5; and

        (c)     at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan.

    (5)     A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 120 penalty units;

        (b)     in the case of a body corporate, 600 penalty units.

    (6)     A person is guilty of an offence if—

        (a)     the person commences an activity for which a cultural heritage management plan is required under this Part; and

        (b)     a cultural heritage management plan for the activity has not been approved under Division 5; and

        (c)     at the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan.

    (7)     A person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 60 penalty units;

        (b)     in the case of a body corporate, 300 penalty units.

Note

Section 187A applies to an offence against subsection (2), (4) or (6).".