Victorian Current Acts Victorian Current ActsA person who does an act that harms or is likely to harm Aboriginal cultural heritage does not commit an offence under section 27 or 28 if—
(a) the person is acting—
(i) in accordance with a cultural heritage permit or approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or
S. 29(a)(ia) inserted by No. 11/2016 s. 26(1).
(ia) in accordance with an Aboriginal cultural heritage land management agreement; or
(ii) in accordance with Aboriginal tradition as it relates to the Aboriginal cultural heritage; or
S. 29(b) amended by No. 11/2016 s. 26(2).
(b) the person does the act in the course of preparing a cultural heritage management plan or an Aboriginal cultural heritage land management agreement in accordance with this Act; or
S. 29(c) amended by No. 11/2016 s. 26(3).
(c) the harm is the result of doing an act that is necessary because of an emergency; or
S. 29(d) inserted by No. 11/2016 s. 26(4).
(d) the person is a coroner or a person assisting the coroner who does the act in the course of determining whether human remains are Aboriginal ancestral remains.