Victorian Repealed Acts

This legislation has been repealed.

Archaeological and Aboriginal Relics Preservation Act 1972 - SECT 21

Damaging relics1

21. Damaging relics1



(1) A person who wilfully or negligently defaces or damages or otherwise
interferes with a relic or carries out an act likely to endanger a relic shall
be guilty of an offence against this Act.

(2) A person shall not be guilty of an offence against this Act if, with the
consent in writing of the Minister and in accordance with any conditions
attaching to that consent, he defaces or damages or otherwise interferes with
a relic or carries out an act likely to endanger a relic.

(3) Before the Minister shall give his consent under sub-section (2), he shall
within 30 days after receiving an application for consent-

   (a)  seek a recommendation on the matter (to be submitted to him not more
        than 90 days after his request) from the Advisory Committee and from
        any other person or body which in his opinion should consider the
        matter; and

   (b)  cause to be published once in a newspaper circulating in the area to
        which in his opinion the giving of consent under sub-section (2) will
        have greatest relevance a notice calling for recommendations on the
        matter to be submitted to the Minister by interested persons not more
        than 90 days after the publication of the notice.

(4) After considering all recommendations which are submitted to him by the
required date, the Minister may give consent under sub-section (2) if in his
opinion-

   (a)  the consent does not relate to a relic of special significance; and

   (b)  there is no reasonable likelihood of further relics of special
        significance being discovered at the site.

(5) For the purposes of sub-section (4), in deciding whether a relic is of
special significance, the Minister shall give particular regard to-

   (a)  any former use or significance which may be attributed to the relic on
        the basis of Aboriginal oral tradition or historical association;

   (b)  any existing or potential anthropological, archaeological or
        ethnographic research or importance; and

   (c)  the recommendation of any Aborigine submitted under sub-section (3).

(6) A consent given under sub-section (2) may be subject to such conditions as
the Minister thinks fit.

(7) The Minister may direct the removal of a relic to which consent given
under sub-section (2) relates to a place of safe storage.