Commonwealth Consolidated Acts

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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 30

Conduct having a n adverse impact on protected u nderwater cultural heritage prohibited without a permit

  (1)   A person contravenes this sub section if:

  (a)   the person engages in conduct; and

  (b)   the conduct has, will have or is likely to have an adverse impact on protected underwater cultural heritage.

  (2)   Conduct has an adverse impact on protected underwater cultural heritage if the conduct:

  (a)   directly or indirectly physically disturbs or otherwise damages the protected underwater cultural heritage; or

  (b)   causes the removal of the protected underwater cultural heritage from waters or from its archaeological context.

  ( 3 )   Subsection   ( 1) does not apply if the person engages in the conduct in accordance with a permit g ranted under section   23 .

Note:   A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection   ( see subsection   13.3.(3) of the Criminal Code and section   96 of the Regulatory Powers Act).

  (4 )   A person commits an offence if the person contravenes subsection   ( 1).

Penalty:   Imprisonment for 5 years or 300 penalty units, or both.

  ( 5 )   A person commits an offence of strict liability if the person contravenes subsection   ( 1).

Penalty:   60 penalty units .

  (6 )   A person is liable to a civil penalty if the person contravenes subsection   ( 1).

Civil penalty:   8 00 penalty units .


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