Purpose of Act
Interpretation
Under the Acts Interpretation Act 1954, Section 36 (Meaning of Common Words and Expressions), Aboriginal Tradition means the body of traditions, customs, customs and beliefs of Aboriginal people in general or of a particular community or group of Aboriginal people, and includes all such traditions, customs, customs and beliefs relating to particular persons, areas, objects or relationships. 13 Interpretation in Support of Existing Rights and Interests A provision of this Act shall not be interpreted in such a way that the provision could operate in a manner that prejudices—. a) a property right of a traditional group of Aboriginal people, or of a member of a traditional group of Aboriginal people, to Aboriginal cultural heritage used or held for traditional purposes in accordance with Aboriginal tradition; or.
Ownership, custodianship and possession of Aboriginal cultural
Aboriginal human remains
This section applies to a person other than the State if the person is in possession of Aboriginal human remains that existed immediately before the commencement of this section and the person does not have the necessary traditional or familial links with the human remains. to be the owner of the human remains. This section applies to a person if the person—. a) knows of the existence and location of Aboriginal human remains but does not own or possess them; and.
Other Aboriginal cultural heritage
The owners could ask that the Queensland Museum continue its storage of an object while they make appropriate arrangements to deal with the object, at which time they can ask for the object to be returned to them. This section applies if Aboriginal cultural heritage is located on the ground surface, and—. a) under the title to which the land is held, the owner or occupier of the land is entitled to use and enjoy the surface of the land; or. b) a person is otherwise entitled to the use and enjoyment of the surface of the earth.
Role of Queensland Museum
Protection of Aboriginal cultural heritage
26 Unlawful possession of aboriginal cultural heritage (1) A person must not have an object in the person's possession. it is Aboriginal cultural heritage if the person knows or should reasonably know that the item is Aboriginal cultural heritage. 27 Court may order costs of rehabilitation or restoration (1) On conviction of a person for an offense under this section. involves unlawful damage or possession of Aboriginal cultural heritage, the court may, if it thinks fit, order the person to pay the State or other appropriate entity an amount for or against—. (a) the cost of any repair or restoration of the Aboriginal cultural heritage to be carried out; and.
Duty of care guidelines
Information about cultural heritage
30 Implementation of cultural heritage management plan (1) A person involved in the implementation of an approved cultural heritage. heritage management plan that comes into force must take all reasonable steps to ensure that the chief executive is informed of all Aboriginal cultural heritage revealed to exist as a result of any activity carried out under the plan. a) for an individual—100 penalty units;.
Protection of cultural heritage under action of Minister
Native title parties, Aboriginal parties and Aboriginal cultural
If there is no aboriginal title party to an area, a person is an Aboriginal party to the area if—. a) the person is an aborigine with particular knowledge about traditions, customs, practices or beliefs associated with the area; and. i) bears responsibility under Aboriginal tradition for some or all of the area, or for significant Aboriginal objects located or originating in the area; or. ii) is a member of a family or tribal group recognized as responsible under Aboriginal tradition for part or all of the area, or. Examples of corporations that may be appropriate to be registered—. a registered native title body, a representative body that is a corporation, an aboriginal body incorporated for the promotion of the interests of aboriginals in relation to land or cultural matters.
Collection and management of Aboriginal cultural heritage
This section applies if an Aboriginal party seeks information from the database for an area. This section applies if a person carrying out an activity, including for example a land user, seeks information from the database.
Aboriginal Cultural Heritage Register
This article applies if the chairman or minister records the findings of a cultural heritage investigation in the register pursuant to Section 6. 49 Information on cultural heritage management plans (1) The director must identify himself in the register. details for any cultural heritage management plan approved or under development under this Act. 2) The Chief Executive Officer shall organize the register in such a way that persons searching the register have reasonable access to information about—. a) whether a particular part of the state is the subject of—. (i) an approved cultural heritage management plan; or (ii) a cultural heritage management plan in the process. to be developed under this law; And.
Cultural heritage studies
Preparing to carry out cultural heritage study
The written notification (proposed study) must meet the following requirements (the basic information requirements for the notification): a) It must state the sponsor's name and contact information, including the sponsor's address;. Aboriginal party, the notice must, as well as meet the basic information requirements for the notice—. a) inform the party that if it wishes to participate in the cultural heritage research, it must notify the sponsor in writing that the party wishes to participate in the research; And.
Carrying out cultural heritage study
Aboriginal Cultural Heritage Act 2003 Part 6 Cultural Heritage Studies. a) after consultation with the confirmed parties for the study;. Examples of disciplines normally expected to be directly relevant—. c) another person who has special knowledge or experience that makes him suitable for the work of a cultural heritage assessor.
Recording by chief executive
76 Objection against the refusal to record findings (1) A person may object to the regional court—. a) entry of the director in the register of findings of the cultural heritage study; or b) the director refuses to enter the findings of the cultural heritage study in the register. To submit a proposal to the Minister on the study of cultural heritage, the regional court—. Aboriginal Cultural Heritage Act 2003 Part 6 Cultural Heritage Studies. a) must take into account matters which the Chief Executive must have been satisfied of before recording the findings of the study; and.
Recording by Minister
A person may, under this law, develop and obtain approval of a cultural heritage management plan even though there is no legal requirement for the plan. A person may require to have an approved cultural heritage management plan to help the person avoid breaching the duty of care to the cultural heritage.
Protection of cultural heritage under cultural heritage management
Aboriginal Cultural Heritage Act 2003 Part 7 Cultural heritage management plans. h) indicate the notification day (proposed plan) for the plan, and give the time by which the sponsor must be given written notice that the party wishes to participate in the development of the plan; and. i) advise that an Indigenous party may not be endorsed to participate in the development of the plan if it does not give the sponsor the written notice within the required time. Aboriginal Cultural Heritage Act 2003 Part 7 Cultural heritage management plans. given written notice that the party wishes to participate in the development of the plan.
Development of cultural heritage management plan
Aboriginal Cultural Heritage Act 2003 Part 7 Cultural heritage management plans. i) in consultation with and negotiation with the underwritten parties for the plan; and. ii) in a manner aimed at maximizing the suitability of the plan for the effective protection and conservation of Aboriginal cultural heritage. This section applies if at least 28 days of the consultation period for the cultural heritage management plan have expired, and it appears to a consultation party for the plan that—. a) a dispute has arisen between 2 or more consultation parties for the plan; and.
Approval by chief executive
This article also applies if there is no consenting party for the cultural heritage management plan.
Objection or referral, hearing and recommendation
As soon as practicable after receiving the objection or referral from the sponsor, the High Court must notify all other parties of the objection or referral. In order to make a recommendation to the minister about the plan, the district court must include the following in its considerations—. a) the availability and quality of documented information about the Aboriginal cultural heritage significance of the planning area.
Approval by Minister
When exercising authority under this Act in relation to a person, an authorized official must -. a) present the authorized person with an identity card for inspection before exercising the authorization; or (b) display your ID so that it is clearly visible. person in the exercise of authority. A person who ceases to be an authorized official must return the identity card to the director within 21 days of ceasing to be an authorized official, unless he has a valid reason.
Powers of authorised officers
To ask the resident of a place for permission to enter, an authorized officer may, without the permission of the resident or a warrant—. a) trespass on land around buildings on the site to an extent reasonable to contact the occupant; or. (b) enter any part of the place which the authorized officer reasonably believes members of the public may normally enter when seeking to contact the occupier.
Procedure for entry
The magistrate may require additional information to support the application in legal declaration. This section applies if an authorized officer intends to enter a place pursuant to a warrant issued under this section.
Powers after entry
Aboriginal Cultural Heritage Act 2003 Part 8 Investigation and enforcement. a) search any part of the premises; or. b) inspect, measure, test, photograph or film any part of the Site or anything on the Site; or. c) take a thing, or a sample of or from a thing, for analysis or testing; or. d) extract or copy a document on the spot; or (e) take to or upon the place any person, including an Aboriginal Party or representative of an Aboriginal Party, as the authorized officer reasonably requires for the exercise of a power under this Act; or. (f) take into or upon the premises all equipment and material reasonably required by the authorized officer for the exercise of a power under this Act; or. (g) require the occupier of the premises or a person on the premises to give the authorized officer reasonable assistance in exercising the authorized officer's powers under clauses (a) to (f); or. (h) require the occupier of the premises or a person on the premises to provide the authorized officer with information to assist the authorized officer in ascertaining compliance with this Act.
Power to seize evidence
Aboriginal Cultural Heritage Act 2003 Part 8 Investigation and enforcement. (a) the authorized officer reasonably believes that the thing is evidence of an offense under this Act; and. As soon as practicable after an authorized officer seizes a thing, the authorized officer shall give a receipt for it to the person from whom it is seized.
Power to obtain information
This section does not apply to damage which the authorized officer reasonably considers to be insignificant. Owner of property includes the person who owns or controls it. A person must not give any information to an authorized official that he knows to be false or misleading in substance.
Miscellaneous provisions
The sponsor of a cultural heritage management plan will need to consult with the owner or occupier of the land to obtain the access required to properly assess the Aboriginal cultural heritage values for the development of the plan. The Minister must review the effectiveness and efficiency of this law within 5 years from its commencement.
Repeal
Transitional provisions
A permit issued under section 28 of the repealed Act and in force immediately before the commencement of this section, to the extent that it relates to Aboriginal cultural heritage-. a) continues in force according to its terms; and. Aboriginal Cultural Heritage Act 2003 Part 11 Transitional provisions. directed to ensure that the project would avoid or minimize damage to Aboriginal cultural heritage.
Dictionary
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth). consulting party, for a cultural heritage management plan, means—. a) sponsor for the plan; or (b) an approved party to the plan. Register of Indigenous Land Use Agreements means the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act.
