Victorian Current Acts

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HERITAGE ACT 2017 - SECT 127

Reporting of investigations and surveys of land

    (1)     If an archaeological site is discovered during an investigation or survey of land for a relevant survey purpose, the person undertaking the investigation or survey must provide a site card to the Executive Director within 30 days after the discovery.

Penalty:     In the case of a natural person, 120 penalty units;

    In the case of a body corporate, 240 penalty units.

    (2)     If an archaeological site is discovered in the course of any construction or excavation on any land, the person in charge of the construction or excavation must as soon as practicable report the discovery to the Executive Director.

Penalty:     In the case of a natural person, 120 penalty units;

    In the case of a body corporate, 240 penalty units.

    (3)     Subsection (1) or (2) do not apply in relation to an archaeological site if the person did not know or could not reasonably have been expected to know that the archaeological site was an archaeological site.

S. 127(4) inserted by No. 5/2023 s. 94.

    (4)     A person who undertakes an investigation or a survey of land for the purpose of discovering an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:     In the case of a natural person, 60 penalty units;

    In the case of a body corporate, 240 penalty units.

S. 127(5) inserted by No. 5/2023 s. 94.

    (5)     A person who undertakes an investigation or a survey of land for the purpose of preparing a cultural heritage management plan and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:     In the case of a natural person, 60 penalty units;

    In the case of a body corporate, 240 penalty units.

S. 127(6) inserted by No. 5/2023 s. 94.

    (6)     A person who undertakes an investigation or a survey of land in accordance with a cultural heritage permit and discovers an archaeological site must give a survey report that complies with subsection (7) to the Executive Director within 6 months after completing the investigation or survey.

Penalty:     In the case of a natural person, 60 penalty units;

    In the case of a body corporate, 240 penalty units.

S. 127(7) inserted by No. 5/2023 s. 94.

    (7)     A survey report must—

        (a)     be in the prescribed form; and

        (b)     contain photographs, maps and plans of the investigation or survey; and

        (c)     contain field notes about the investigation or survey; and

        (d)     include any prescribed documentation.



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