ABORIGINAL CULTURAL HERITAGE ACT 2003

Queensland Consolidated Acts

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- As at 9 November 2018
- Act 79 of 2003

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Act binds all persons

Division 2 - Purpose of Act

4. Main purpose of Act
5. Principles underlying Act’s main purpose
6. How main purpose of Act is to be achieved

Division 3 - Interpretation

7. Definitions
8. Meaning of Aboriginal cultural heritage
9. Meaning of significant Aboriginal area
10. Meaning of significant Aboriginal object
11. Extension of evidence of occupation to surroundings
12. Identifying significant Aboriginal areas
13. Interpretation to support existing rights and interests

PART 2 - OWNERSHIP, CUSTODIANSHIP AND POSSESSION OF ABORIGINAL CULTURAL HERITAGE

Division 1 - Preliminary

14. Object and intent

Division 2 - Aboriginal human remains

15. Ownership of Aboriginal human remains
16. Aboriginal human remains in custody of State
17. Possession of Aboriginal human remains
18. Knowledge of Aboriginal human remains

Division 3 - Secret and sacred objects

19. Ownership and custody of secret or sacred object

Division 4 - Other Aboriginal cultural heritage

20. Ownership of Aboriginal cultural heritage
21. Continued use of surface

Division 5 - Role of Queensland Museum

22. Care of Aboriginal cultural heritage

PART 3 - PROTECTION OF ABORIGINAL CULTURAL HERITAGE

Division 1 - Key cultural heritage protection provisions

23. Cultural heritage duty of care
24. Unlawful harm to Aboriginal cultural heritage
25. Prohibited excavation, relocation and taking away
26. Unlawful possession of Aboriginal cultural heritage
27. Court may order costs of rehabilitation or restoration

Division 2 - Duty of care guidelines

28. Cultural heritage duty of care guidelines

Division 3 - Information about cultural heritage

29. Information protection provision
30. Putting cultural heritage management plan into effect
31. Other activities

Division 4 - Protection of cultural heritage under action of Minister

32. Stop orders
33. Particular steps to preserve cultural heritage

PART 4 - NATIVE TITLE PARTIES, ABORIGINAL PARTIES AND ABORIGINAL CULTURAL HERITAGE BODIES

34. Native title party for an area
35. Aboriginal party for an area
36. Registration as Aboriginal cultural heritage body
37. Function of Aboriginal cultural heritage body

PART 5 - COLLECTION AND MANAGEMENT OF ABORIGINAL CULTURAL HERITAGE INFORMATION

Division 1 - Aboriginal Cultural Heritage Database

38. Establishment of database
39. Purpose of establishing database
40. Placing information on database
41. Taking information off database
42. Availability of database to public generally
43. Availability of database to Aboriginal party
44. Availability of database for cultural heritage duty of care purposes
45. Availability of database to researcher

Division 2 - Aboriginal Cultural Heritage Register

46. Establishment of register
47. Purpose of establishing register
48. Recording information from cultural heritage study
49. Information about cultural heritage management plans
50. Keeping register up-to-date
51. Availability of register to public generally

PART 6 - CULTURAL HERITAGE STUDIES

Division 1 - Introduction

52. Requirements for carrying out cultural heritage study and recording findings
53. Roles and responsibilities for carrying out cultural heritage study
54. Cultural heritage study guidelines

Division 2 - Preparing to carry out cultural heritage study

55. Reference to part of study area may be taken to include reference to whole
56. Giving of written notice (proposed study)
57. Basic information requirements for written notice (proposed study)
58. Additional requirements for notice to Aboriginal cultural heritage body
59. Additional requirements for notice to Aboriginal party
60. Additional requirements for notice to representative body
61. Giving of public notice (proposed study)
62. Aboriginal cultural heritage body response to written notice and endorsement for study
63. Aboriginal party response to written notice and endorsement for study
64. Aboriginal party response to public notice and endorsement for study
65. Endorsement for study in absence of response

Division 3 - Carrying out cultural heritage study

66. Role of endorsed party
67. Role of sponsor
68. Engagement of cultural heritage assessors
69. Role of cultural heritage assessors
70. Consultation supporting cultural heritage study

Division 4 - Recording by chief executive

71. Giving of cultural heritage study to chief executive for recording
72. Consideration of cultural heritage study before recording
73. Requirements for recording cultural heritage study
74. Recording or refusing to record findings of cultural heritage study

Division 5 - Objections, hearing and recommendation

75. Definitions for div 5
76. Objection to refusal to record findings
77. Land Court’s hearing
78. Land Court’s recommendation to Minister

Division 6 - Recording by Minister

79. Recording or refusing to record findings of cultural heritage study

PART 7 - CULTURAL HERITAGE MANAGEMENT PLANS

Division 1 - Introduction

80. When cultural heritage management plan is or may be required—div 2
81. Requirements for developing cultural heritage management plan and having it approved—divs 3 to 7
82. Responsibility for developing cultural heritage management plan
83. Voluntary development of cultural heritage management plan
84. Approved cultural heritage management plan may not require particular action
85. Cultural heritage management plan guidelines

Division 2 - Protection of cultural heritage under cultural heritage management plans

86. Application of div 2
87. Cultural heritage management plan needed if EIS needed
88. Cultural heritage management plan may be needed if other environmental authority needed
89. (Repealed)

Division 3 - Preparing to develop cultural heritage management plan

90. Reference to part of plan area may be taken to include reference to whole
91. Giving of written notice (proposed plan)
92. Basic information requirements for written notice (proposed plan)
93. Additional requirements for notice to Aboriginal cultural heritage body
94. Additional requirements for notice to Aboriginal party
95. Additional requirements for notice to representative body
96. Giving of public notice (proposed plan)
97. Aboriginal cultural heritage body response to written notice and endorsement for plan
98. Aboriginal party response to written notice and endorsement for plan
99. Aboriginal party response to public notice and endorsement for plan
100. Becoming Aboriginal party after written notice (proposed plan) is given
101. Endorsement for plan in absence of response

Division 4 - Development of cultural heritage management plan

102. Role of endorsed party
103. Role of sponsor
104. Consultation
105. Reaching agreement
106. Mediation

Division 5 - Approval by chief executive

107. Chief executive approval of plan
108. Consideration of plan before approval if no endorsed party
109. Approving or refusing to approve plan if no endorsed party

Division 6 - Objection or referral, hearing and recommendation

110. Definitions for div 6
111. Objection to Land Court to refusal to approve agreed plan
112. Sponsor may refer plan to Land Court after unsuccessful mediation
113. Sponsor may refer plan to Land Court after failure to agree
114. Administrative details for objection or referral
115. Substantive requirements for objection or referral
116. Land Court’s hearing
117. Land Court’s recommendation to Minister
118. Reaching the recommendation
119. General time requirement for making recommendation

Division 7 - Approval by Minister

120. Approving or refusing to approve plan

PART 8 - INVESTIGATION AND ENFORCEMENT

Division 1 - Authorised officers

121. Appointment and qualifications
122. Appointment conditions and limit on powers
123. Issue of identity card
124. Production or display of identity card
125. When authorised officer ceases to hold office
126. Resignation
127. Return of identity card

Division 2 - Powers of authorised officers

Subdivision 1 - Entry of places

128. Power to enter places

Subdivision 2 - Procedure for entry

129. Entry with consent
130. Application for warrant
131. Issue of warrant
132. Special warrants
133. Warrants—procedure before entry

Subdivision 3 - Powers after entry

134. General powers after entering places
135. Failure to help authorised officer
136. Failure to give information

Subdivision 4 - Power to seize evidence

137. Seizing evidence at a place that may be entered without consent or warrant
138. Seizing evidence at a place that may only be entered with consent or warrant
139. Securing seized things
140. Tampering with seized things
141. Power to support seizure
142. Receipts for seized things
143. Return of seized things
144. Access to seized things

Subdivision 5 - Power to obtain information

145. Power to require name and address
146. Failure to give name or address

Division 3 - General enforcement matters

147. Notice of damage
148. Compensation
149. False or misleading information
150. False or misleading documents
151. Obstructing authorised officers

PART 9 - MISCELLANEOUS PROVISIONS

152. Delegations
153. Access to land
154. Advisory committees
155. Purchase or compulsory acquisition to protect cultural heritage
156. Proceedings for an offence
157. Review of Act
158. Approval of forms
159. Regulation-making power

PART 10 - REPEAL

160. Repeal of Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987

PART 11 - TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provisions for Act No. 79 of 2003

161. Confirmation of ownership of Aboriginal cultural heritage before commencement
162. Recording information about designated landscape areas
163. Foundation material for database
164. Existing agreement for carrying out activity
165. Permit under repealed Act
166. Authority obtained before commencement
167. Cultural heritage arrangements for project authorised before commencement
168. Cultural heritage arrangements for project not authorised before commencement
169. References to repealed Act

Division 2 - Transitional and validation provisions for Revenue and Other Legislation Amendment Act 2018

170. Consideration of particular cultural heritage studies endorsed before commencement
171. Approval of particular cultural heritage management plans endorsed before commencement
172. Validation of particular acts and omissions done before commencement
SCHEDULE 2

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