(1) A person commits an offence if—
(a) the person knowingly or negligently—
(i) defaces, damages or otherwise interferes with an archaeological site; or
(ii) carries out an act that is likely to endanger an archaeological site; and
(b) the person is not—
(i) permitted to do so by a determination under section 123A; or
(ii) authorised to do so by a consent issued under this Part; and
(c) the archaeological site—
(i) is recorded in the Heritage Inventory; or
(ii) is not recorded in the Heritage Inventory and is not—
(A) a site which is determined by the Executive Director to have low archaeological value; or
(B) a site which has been removed from the Heritage Inventory under section 119; and
(d) the archaeological site is not a registered archaeological place or a registered archaeological artefact.
(2) A person commits an offence if—
(a) the person knowingly—
(i) uncovers or exposes land for the purpose of uncovering or discovering an archaeological site; or
(ii) disturbs or excavates land for the purpose of uncovering or discovering an archaeological site; and
(b) the person is not—
(i) permitted to do so by a determination under section 123A; or
(ii) authorised to do so by a consent issued under this Part; and
(c) the archaeological site—
(i) is recorded in the Heritage Inventory; or
(ii) is not recorded in the Heritage Inventory and is not—
(A) a site which is determined by the Executive Director to have low archaeological value; or
(B) a site which has been removed from the Heritage Inventory under section 119; and
(d) the site is not a registered archaeological place or a registered archaeological artefact.
(3) A person who commits an offence against subsection (1) or (2) is liable to—
(a) in the case of a natural person, 600 penalty units or imprisonment for 12 months or both;
(b) in the case of a body corporate, 1200 penalty units.
Note
Offences apply in relation to registered archaeological places and registered archaeological artefacts under sections 87, 88 and 89.
S. 123A inserted by No. 5/2023 s. 88.