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ABORIGINAL CULTURAL HERITAGE ACT 2003
- 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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