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©State of Queensland
QUEENSLAND
ABORIGINAL RELICS PRESERVATION ACT 1967-1976
[Reprinted as at I March, 1981]
Aboriginal Relics Preservation Act of 1967, No. 29 As amended by
Aborigines Act and Other Acts Amendment Act 1975, No. 30, Part IV Aboriginal Relics Preservation Act Amendment Act 1976, No. 3
An Act to provide for the Preservation of Anthro.poligical, Ethnological, Archaeological and Prehistoric Aboriginal Relics
[Assented to 3 November, 1967]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. (1) Short title. This Act may be cited as The Aboriginal Relics Preservation Act of 1967.
(2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Counc-il by Proclamation published in the Gazette.
Collective title conferredby Act of 1976, No.3, s. 1 (3).
Commenced 27 May 1968 (Proc. pubd. Gaz. 25 May 1968, p. 510).
2. Division of Act. This Act is divided into Parts as follows:-
PART I-PRELIMINARY;
PART II-ADMINISTRATION;
PART III-PRESERVATION AND PROTECTION OF RELICS;
PART IV-GENERAL PROVISIONS.
3. Meaning of terms. In this Act, unless the context otherwise indicates, the follo\ving terlns have the meanings set against them respectively, that is to say:-
" Aboriginal "-Pertaining to the indigenous inhabitants (whether Aborigines or Torres Strait Islanders) of the Commonwealth;
" Aboriginal site "-An area of the State for the time being declared as an Aboriginal site or. a temporary Aboriginal site or resumed or otherwise acquired by the Crown for the preservation or protection of a relic;
1 8.4 AB~ltIGINALRELICS PRESERVATION ACT 1967-1976
" Anthropology "-Includes ethnology, archaeology and prehistoric study;
" COlnmittee " -The c0111mittee appointed Ullder and for tIle purposes of this Act;
" Crown land "-Land other than private land;
"Deputy Director"-The Deputy Director of Aboriginal alld Islanders Advancelnent under the Aborigines Act 1971-1975;
" Director " -The Director of Aboriginal and Islanders Advancement ullder the Aborigines Act 1971-1975;
"District officer"-·A person appointed as such under the Aborigines Act 1971-1975 or the Torres Strait Islanders Act 1971-1975;
" Minister "-The Minister for Education of Queensland and any other Millister of the Crown WI10 is, for the time being, charged witIl the admillistratioll of this Act: The terln includes any person temporarily performing the duties of the Minister charged \vith the adnlinistration of this Act;
" Occupier"-In relation to any lalld or premises, the person for the time being entitled to possession of the land or premises in question;
" Owner"-In relation to private land ill respect of \vhich a grant in fee-silllple has not, at tIle relevant tilne, been made, includes a lessee from the Crown;
" Private land "-Land-
(a) which has beell alienated ill fee-sinlple by the Cro\vn;
(b) in respect of which a right to a grant in fee-silnple fron1 the Crown-
(i) has accrued to any person; or
(ii) will accrue to any person upon tIle performance by him of a developmental or ilnprovelnent condition;
(c) an estate in fee-simple in whicIl is being purchased from the Crown;
" Relic "-Any Aboriginal relnains and any trace, remains or handiwork \vithin the State of Aboriginal culture: The tern1 does 110t include such handi\vork nlade for tIle purpose of sale for luoney.
As atnendedby Act of 1975, No. 30, s. 8.
4. Tribal rites unaffected by Act. (]) No provisioll ofthis Act shall prejudice-
(a) tIle rights of o\VnerSllip of any Aborigillal tribe or nlenlber of an Aboriginal tribe in relics used or l1eld for use for tribal purposes;
(b) in relation to a person who usually lives subject to Aboriginal tribal custom or law, his free access to and enjoynlellt of relics and his use thereof in such manner as is sanctioned by tIle tribal custOlTI orla\v relevant to such relics.
ABOl{IGINAL RELICS PRESERVATION ACT 1967-1976 ss.5-7 3 (2) The provisions of subsection (1) of tIlis section shaH 110t be construed to authorize a person to sell a relic for p:rsoaal gl:n unless h·~
does so in the manner prescribed.
PART II-ADMINISTRATION
5. Adnlinistration of Act. This Act sllall be administered by the Minister and, subject to l1im, by tIle Director, Deputy Director, district officers al1d such other persons as are fron1 tilne to tilue appointed for the purposes of this Act.
6. Appointment of officers. (1) The Governor in Council may, by notification published in the Gazette, appoint such inspectors, \vardens al1d other officers as he considers necessary for the purposes of this Act and may so appoint \vardens in respect of the whole State or in respect of any Aboriginal site or area of the State as lle COllsiders desirable.
A person appointed to serve in a paid, full-time capacity under this Act s11all be appointed to and shall hold 11is appointlnent under and subject to The Public Service Acts, 1922 to 1965.
(2) The Director, Deputy Director and every district officer shall,
\vitllout further appointment, be an inspector under this Act.
(3) A \varden shall serve as SUCll in an 110norary capacity and shall hold his appointment until-
(a) he dies; or
(b) his appointlnent is terminated by the Governor ill Council by notice given tohinl; or
(c) his resignation, in writing, is received by tIle Minister.
(4) The !\1inister shall cause to be issued to every inspector and
\Vardel1 a card (in this Act called an " identity card ") wherein shall be specified the name of the inspector or warden to \Vll0n1 it is issued and the fact that he is an inspector Of, as the case Inay be, a \varden under this Act.
In the exercise of 11is powers and the performance of his dut:es under this Act an inspector or warden shall carry his identity card for the purpose of his identification should the circunlstances require it.
An inspector or a \vard~n shall, lIpan his ceasing to be such, surrender his identity card to the Minister.
7. (1) Po\vers of inspector. Ail inspector lnay--
(a) require any person \Vh0111 he finds cOlnn1itting or \Vh0111 he reasonably suspects to be committing or to have comnlitted an offence against this Act to state his full nalne and usual place of residence;
(b) arrest such a perSOll \vho, being required by an inspector so to do, fails to state his full nalne and usual place of residence or who states a nanle or place of residence vvhich the inspector reasonably suspects to be false and detain such person until his full nanle and usual place of residence are ascertained;
4 s.8 ABORIGINAL RELICS· PRESERVATION ACT 1967-1976 (c) search the perSall and the baggage al1d effects of any person for relics and inspect and examine any relic found thereon or thereill;
(d) seize allY relic and retain it for the purpose of investigation or legal proceedings;
(e) require a person whom 11e reasonably suspects as likely to damage a relic to leave an Aboriginal site.
(2) Powers of warden. A warden shall have and may exercise the po\vers conferred on an inspector by paragraphs (a), (d) and (e) of subsection (1) of this section but, where he is appointed in respect of an Aboriginal site or lilnited area of the State, only within such site or area.
(3) Po\ver of entry. For the purpose of exercising any of his po"vers under this Act an inspector may enter any place and, to that end, may use such force as is reasonable:
Provided that he shall not, by reason of this subsection (or any other provision of this Act), be empowered to enter any dwelling-house or part used exclusively for residential purposes of any building save under the authority of a search warrant or with the permission of the occupier of such d\velling-house or, as the case may be, part.
(4) A justice \vho is satisfied llpon the complaint of an inspector or a \varden that there is reasollable cause to suspect that in any place there is a relic may issue his ,,'arrant directed to the inspector or warden to enter the place specified in the warrant for the purpose of exercising therein the po\vers conferred on the inspector or, as the case nlay be,
\varden under this Act.
A \Varrallt shall be, for a period of one Inonth from the date of its issue, sufficient authority for the inspector or warden and all persons acting in aid of him-
(a) to enter the place specified in tIle \varrant; and
(b) to exercise therein the po\vers conferred 011 him by this Act.
(5) For the purpose of gaining entry to any place an inspector or warden may call to his aid such persons as he thinks necessary and those persons, vvhile acting ill his aid in tIle lawful exercise by him of his po\ver of entry, shallllave a like po\ver of entry.
(6) In this section a dwelling-house or apart of a building used for residential purposes does l10t include tIle curtilage thereof.
Asa01ended by Act of 1976, No.3, s. 2.
8. Offences touching administration. (1) A person shall not assault an inspector or \Vardell who is exercising any of his powers under this Act or is attelnpting so to do.
Penalty: $500 or imprisonment for six months or both.
(2) A person shall not fail to comply with a requisition directed to 11im by an inspector or warden in the exercise ofa po\ver under this Act
Of, in response to SllCh a requisition, give any information \vhich is false or misleading.
Penalty: $200.
.l~BORIGINAL RELICS PRESERVATION ACT 1967-1976 ss.9-11 5 (3) A person shall not hillder or resist all inspector or ,varden who is exercising any of his po\vers under this Act or is attempting so to do.
Penalty: $200.
As amendedbyAct of 1976, No.3, s. 8.
PART III-PRESERVATION AND PROTECTION OF RELICS
9. Advisory committee. Fronl time to tilne for the proper perfornlallce of its functions under this Act there shall meet a cOlnnlittee \vhich shall consist of such members as the Governor in COUllCil from tinle to tinle notifies in the Gazette.
Until tIle Governor in Council other\vise notifies such committee shall consist of-
(a) the Director;
(b) tIle Professor of Anthropology and Sociology at the University of Queensland;
(c) the Director of the Queensland Museum;
(d) Olle or more perSOllS nominated by the Minister as he from time to time determines.
10. (1) Chairman of committee. The chairman and executive nlenlber of the cOlnmittee shall be the Director or if, at any time, he or h.is nominee (hereafter provided for) is not a member of the committee, such other member as the Governor in Council from time to time notifies in the Gazette.
(2) Conduct of business of committee. The business of the committee shall be conducted in such manner as is prescribed and, until so prescribed, in SUCll manner as the committee, by resolution, approves.
(3) Service of members. Members of the committee shall serve in an honorary capacity.
11. Appointment of nominees. (1) A person who, by reason of his holding a particular appointment (not being, himself, a nominated person) is a member of the committee may nominate another to be a member of the committee in his stead.
Suchanomination may be made in respect ofanindefinite or limited period or in respect of a particular Ineeting or series of meetings of the committee and may be revoked at any time by the nominator.
(2) For so long as a nOlnination remains in force the nOlninee thereunder shall be a member of the committee in the stead of and with t]le saIne rights, powers, duties, functions and status (including that of chairmall and executive member) as his nominator:
Provided that nominator and nominee shall not both attempt at the same time to exercise or perforn1 any right, power, duty or function as a member of the committee.
6 ss.12-15 ABORIGINAL RELICS PRESERVATION ACT 1967-1976 12. Functions of committee. As a11d whe11 it is so reqllired by tIle Minister, thecommittee shall advise him on-
(a) the anthropological value and significance of a relic or of all area \vhich is such that it might be declared as an Aboriginal site;
(b) the desirability of declaring an area as an Aboriginal site or of resuming or otIlerwise acquiring an area for preservation as an Aboriginal site or of acquiring a particular relic;
(c) the extent of an area which, ill a particular case, should be declared or resumed Of, as tIle case may be, acquired for preservation as an Aboriginal site;
(d) all other matters pertinent to the objects of this Act.
13. Declaration of Aboriginal sites. If the Governor in Council IS
satisfied \vith respect to any area of lalld that-
(a) it is expedient to reserve such area for the preservation or protection of a relic; and
(b) for such preservation or protectio11 it is necessary to prevent or cOlltrol the entry of persons into such area; and
(c) satisfactory arrangements have been made or will be made for the maintenance of the area as an Aboriginal site alld for preventing Of, as the case may require, controlling the entry of persons into such area; and
(d) the consents required by this Act to be obtained have beell obtained,
he may, by Order in Council, declare such area as an Aboriginal site.
If the Governor in Council is satisfied that it is no longer expedient to maintain an Aboriginal site so declared or any part thereof he may, by Order in Council, declare that the area in question has ceased to be an Aboriginal site and thereupon such area shall cease to be an Aboriginal site.
14. Consents to declaration of Aboriginal sites. The Governor in Council shall not declare an area as an Aboriginal site unless-
(a) where such area or part thereof is situated on Crown land (other than land referred to in provision (b) of this section), the Minister for Lands of Queensland has consented thereto; or (b) where such area or part thereof is situated on land to which The Forestr)} Acts, 1959 to 1964 apply, the Minister of the Crown charged with the ad1ninistration of those Acts has consented thereto; or
(c) where such area or part thereof is situated 011 private land, the occupier and, \vhere he is 110t the owner, the o\vner also has consented thereto.
15. Declaration of temporary Aboriginal sites. If the Governor in Council is satisfied that it may become expedient to reserve a particular area of land for the preservation or protection of a relic and that it is
ABORIGINAL RELICS PRESERVATION ACT 1967-1976 SSe16, 17 7 necessary, in the meantilne, to prevent or control the entry of persons into such area he may, by Order in Council, declare such area as a temporary Aboriginal site.
A temporary Aboriginal site shall cease to be such upon the expiration of six months after its declaration as such unless, in the meantime,it has been declared as or has otherwise become an Aboriginal site and in the event of such cesser by effiuxion of time shall not be further declared to be a temporary Aboriginal site.
16. Purchase and resumption of land. Notwithstanding the provisions of tilis Act or of any other Act, wilen the 11inister is satisfied that there is on or tInder any private land a relic wIlich Cantlot be properly preserved or protected by the nlaintenance of the areain question as an Aboriginal site declared as such under this Act the Crown may purchase or, subject to and in accordance with " The Public Works Land Resumption Acts, 1906 to 1955," take SlICh area as is necessary for the preservation or protection of such relic.
Such preservation or protection shall be deemed to be works within the meaning of those Acts.
17. Marking of Aboriginal sites. (1) Upon any area of land becoming an Aboriginal site the Director-
(a) may cause the boundaries of such area to be delineated by the erection thereon of suitable notices or boundary marks; and (b) may erect such other structures as he deems necessary to
protect such area or any relic therein,
and, for so long as such area exists as an Aboriginal site Of, as the case may be, such other structure is needed, shall cause such notices, marks or other structures as are erected to be maintained in a reasonable state of repair.
(2) A person shall not destroy, damage, move or interfere with any notice, boundary mark or other structure erected pursuant to subsection (1) of this section.
Penalty: $500.
Upon conviction of a person of an offence against this subsection the adjudicating court may, whether or not it imposes a penalty in respect thereof, order the defendant to pay such sum as the court thinks just by
\vay of compensation for the expenses of re-erecting, repairing and restoring such notice, mark or structure occasioned by such offence.
An order made under the last preceding paragraph shall not prejudice the right of the Crown or of any person to recover the amount of such expenses in full by any other process of law save that the defendant shall not be required to pay the same amount of expenses more than once.
(3) The fact that a notice or boundary Inark is not or was not at the relevant time erected or is not or was not at the relevant time in a reasonable state of repair as required by subsection (1) of this section
8 ss.18,19 ABORIGINAL RELICS PRESERVATION ACT 1967-1976
shall be deemed inlmaterial to the liability of any perSOllas for all offence against any provision of this Act and to the reasonableness of a belief as to the existence or non-existence of an Aboriginal site.
As amended by Act of 1976, No.3, s. 8.
18. Relics to be property of Crown. Subject to section fOUf of this Act and notwithstanding that it is situated in or on land which eitller before or after the date of COlnmencement of this Act has become private land, a relic shall be and be deemed to be the property of the Crown save where it is shown that-
(a) in respect of a relic found within the State, it was, at the date of commencement of this Act, in the possession ofsome person and has not become abandoned within the State since that date; or
(b) in respect of a relic found outside the State, it has not since become abandoned within the State; or
(c) it was delivered to a person pursuant to the provisions of section twenty-two of this Act and has not since become abandoned within the State.
For the purposes of this section a relic shall not be deemed to be in the possession of any person by reason only of the fact that it is on or under land or premises owned or occupied byhim.
19. Trespassing prohibited. (1) A person shall not be upon an Aboriginal site save with and in accordance with the subsisting permission of an authorized person.
Penalty: $200.
The following persons are authorized persons for the purposes of this section:-
(a) in respect of Crown land, the Minister;
(b) in respect of private land, the Minister, the occupier or the duly constituted attorney of the occupier or other agent of the occupier authorized by him to give such permission.
(2) A permission of an authorized person to be upon an Aboriginal site-
(a) may be granted in respect of a particular person or in respect of a class of person;
(b) shall continue to subsist until it is revoked by such authorized person or his successor Of, in the case of a permission granted by an authorized person other than the Minister, by the Director (he being hereby empowered so to do in his absolute discretion);
(c) shall not authorize any person to take, deface, danlage, uncover, expose, excavate or interfere with any relic;
(d) may be granted subject to such conditions as are specified in the permission.
..4.BORIGINAL RELICS PRESERVATION ACT 1967-1976 ss.19A,20 9 (3) Revocation of such a permission shall be effected by notice ill writing given-
(a) in the case of a pernlission granted to a person in connection with his conduct of any business, to the proprietor for the time being of that business;
(b) in any other case, to the perSall to whonl such permission was granted Of, if that be impracticable, by way ofpublication twice in a newspaper circulating in the area in \vhich the Aboriginal site is situated.
As an1ended byAct of 1976, No.3, ss. 3, 8.
19A. Delegation of Minister's authority. (1) The Minister may by ,,'riting signed by him, generally or otherwise as provided by the instrument of delegation, delegate the authority vested in hiln by section 19.
(2) The authority delegated, if it is exercised by the delegate, shall be exercised in accordance with the instrument of delegation.
(3) The Minister nlay make such and so many delegations of the authority and to such number of persons as he considers necessary or desirable.
(4) A delegation is revocable at the will of the Minister and does not prevent the exercise by him of the authority vestedinhim by section 19.
(5) A delegate of the Minister shall, to the extent of the delegation and for as long as the delegation subsists, be deemed to be an authorized person for the purposes of section 19.
InsertedbyAct of 1976, No.3, s. 4.
20. Interference with relics prohibited. (1) A person shall not take, deface, damage, uncover, expose, excavate, cover, conceal or interfere with or be in possession of a relic the property of the Crown Of, upon an Aboriginal site, do any act likely to endanger any relic thereon or thereunder unless-
(a) he is thereunto authorized under this Act; or (b) he does not know or sllspect the same to be a relic.
Penalty : $500.
Upon conviction of a person of an offence against this subsection the adjudicating court, if requested on behalf of the Crown so to do, may, whether or not it imposes a penalty in respect thereof, order the defendant to pay such sum as th~ court thinks just by way of restitution for such relic or compensation for damage occasioned to such relic by such offence or for restoration of the relic and the site of the relic.
Upon payment of the sun1 so ordered to be paid the defendant shall not be further liable on account of such dalnage. Moneys paid pursuant to an order of the court for the purpose of restoration shall be paid to the Director for that purpose and the Director is hereby empowered to cause the restoration \-vork to be carried out.
10 s.21 ABORIGINAL RELICS PRESERVATION ACT 1967-1976 (2) Liability to a penalty under subsection (1) of this section shall be in addition to any other such liability at law which the offender may incur by reason of the act in question but in no case shall he be punished more than once in respect of the same act.
AsamendedbyAct of 1976, No.3,SSe 5, 8.
21. Exca,,?ation of relics. (1) The Minister n1ay cause to be performed excavation, examination or research of or upon an Aboriginal site or in respect of any relic and may cause the removal of relics from their location to safe storage.
(2) A person \vho desires to perform excavation, exatnination or research of or upon an Aboriginal site or in respect of any relic shall apply in \vriting to the Minister for his authority so to do and shall, in connection with such application, furnish to the Minister such information as the Minister requires.
The Minister shall refer such an application to the committee which shall recommend to the Minister whether or not SllCh application should be granted having regard to-
(a) the qualifications of the applicant to properly attain the purpose to \vhich such application relates;
(b) the desirability of carrying out excavation, examination or research upon the Aboriginal site in question or in respect of the relic in question;
(c) the financial resources of or available to the applicant and his ability to attain the purpose to which such application relates;
(d) all other tnatters which tIle committee considers to be relevant to such application.
(3) If the committee recommends that suchanapplication be granted the Minister may, in writing, authorize the applicant to pursue the purpose to which his application relates.
Suchan authority-
(a) shall specify the name of the person to WhOlTI it is granted and the Aboriginal site in respect of which it is granted;
(b) shall be of no force or effect in respect of any part of an Aborigillal site whicll part is situated on private land unless tIle occupier and, where he is not the owner, the owner also has consented in writing to the grant of such authority;
(c) shall not in any case remain in force for a period in excess of twelve months from the date of its grant Of, as tIle case may be, renewal, but may be renewed, from time to tinle, upon the application of the person to whom it is for the time being granted.
Every application for renewal of such all autllority sllall be in such form and shall be dealt with in SllCh manner as if it were an application in the first il1stance for such an authority.
ABORIGINAL RELICS PRE·SERVA·TION ACT 1967-1976 s.22 11 (4) Wllile such an authority renlains in force, tIle person to \VhOll1 it is granted nlay enter the Aboriginal site specified therein as often as is necessary to attain the purpose he is thereby allthorized to pursue and may tllere take \vith him such assistants, vehicles and equipnlent as he needs for such purpose and may there, in a proper manner, perfornl such excavation, exalnillation and research and, subject to this Act, remove and interfere \vith relics on or under such Aboriginal site as is necessary for the attainnlent ofSUCIl purpose:
Provided that such person shall not be authorized by such an authority to \vilfully or negligently destroy or injure any property except w11ere such destruction or injury is necessary incidental to tIle work he is authorized to perform.
(5) By notice in writing given to a person to vvl10m such an authority is for the tinle being granted tIle Minister may call upon stIch person to show cause \vhy the authority should not be revoked and, ifsuch cause is 110t shown to the Minister's satisfaction within t\venty-eight days after the giving of such notice, the Minister may, by writing given to such person, revoke th.e authori ty which thereupon shall cease to be of any force or effect.
(6) A person who perforn1s excavation, examination or research under the authority of the Minister granted under this section and who thereafter publishes or causes to be published any writing in respect of such work shall, as soon as possible after such publication, furnish to the Minister, free of charge, a copy of such writing.
As amended by Act of 1976, No.3, s. 6.
22. l\1ethod of disposing of relic taken under authority. (1) A person who, pursuant to an authority granted under subsection (3) of section twenty-one ofthis Act, removes a relic from the location where he finds it shall, as soon as practicable, surrender it to the Director for inspection and classification by the committee.
Upon classification of the relic the committee shall determine whether or not the relic should be retained bythe Crown.
A relic which the committee determines should be retained by the C.rown shall be preserved and protected, so far as circumstances permit, in such place as the Minister directs.
A relic which the committee determines should not be retained by the Crown shall be returned to the person by whom it was surrendered but should he not want it or if, for any reason, it cannot be returned to him it shallbe disposed of in such manner as the Minister directs.
(2) Notwithstanding that it has been determined that a particular relic should be retained by the CrowD, the Minister may, upon the recommendation of the committee, permit a person approved by him to take possession of such relic and, if necessary, to remove the sanle fron1 the State, for such time, in such circumstances and for such purpose as the J\1inister approves.
12 ss.23-26 ABORIGINAL RELICS PRESERVATION ACT 1967-1976 A person so pernlitted shallCOll1plyin all respects with the conditions imposed by the Minister upon the permit in question.
As amendedbyAct of 1976, No.3, s. 7.
23. Report on existence of relics. A person who has kno\vledge of the existence of any thing in the nature of Aboriginal burial grounds, cave paintings, rocl< engravings, stone structures, arranged stones or carved trees which he knows or suspects to be a relic shall report its existence to an inspector under this Act.
A person shall not be taken to have failed to conlply \vith the preceding paragraph of this section if it be proved that he reasonably believed the existence of the thing in question was already kno\vn to an inspector under this Act.
24. Powers of Minister for preservation, &c., of relics. (I) The Minister may-
(a) purchase or otherwise acquire on behalf of the Cro\vn any relic (other than land) for the purpose of its preservation or protection;
(b) cause such structures to be erected and such steps to be taken as are necessary to preserve or protect a relic;
(c) upon the written request of the owner of private land any part whereof has been declared to be an Aboriginal site that such site or any part thereof, cease to be an Aboriginal site, if he is satisfied that no substantial loss of relics will thereby result and that loss of the site will not constitute a substantial loss to anthropology, cause the removal of relics on or under such Aboriginal site or part so situated to safe storage.
(2) Upon the removal of all relics which the Minister desires to remove pursuant to paragraph (c) of subsection (1) of this section the Governor in Council shall, in manner prescribed, declare that the area in question has ceased to be an Aboriginal site.
25. Incidental pOlver of entry. Where for the purpose of exercising or performing a power conferred or duty imposed by or under this Act it becomes necessary to enter upon any Crown land or any private land a person engaged therein may, \vithout other authority than this Act, enter upon such land as often as is necessary for the purpose.
The power conferred by this section shall not be construed to authorize entry into any building.
PART IV-GENERAL PROVISIONS
26. Preservation, &c., of relics a public purpose. The preservation alld protection of relics shall be deemed to be a public purpose within the lneaning of The Land Acts, 1962 to 1967.
ABORIGINAL RELICS PRESERVATION ACT 1967-1976 ss.27·30 13 27. Service of notices, &c. A notice or vvriting required by this Act to be given to any person shall be deemed to have been duly given by-
(a) serving the same personally upon the person to Wll0D1 it is directed Of, in the case of a company, upon its secretary or a member ofits governing body; or
(b) sending the sal11e by prepaid post letter to the place of abode or business of the person to Wh01TI it is directed last known to the Director.
28. (1) Offences. A person WilOcontravenes or fails to comply \\lith a provision of this Act commits an offence against this Act and is liable to the penalty prescribed therefor or, ,vhere a penalty is not expressly prescribed, to a penalty of $200.
A prosecution for such an offence shall be by way of summary proceedings under The Justices Acts, 1886 to 1965.
(2) Forfeiture of relics. When a person is convicted of an offence constituted wholly or in part of taking or being in possession of a relic the property of the Crown and such relic is exhibited before the adjudicating court the court shall order that such relic be delivered to the Director.
A relic so delivered shall be dealt with as ifit had been surrendered for inspection and classification by the committee under section twenty-two of this Act save that if the comnlittee determines that it should not be retained by the Crown it shall be disposed of in such manner as the Minister directs.
As amended by Act of 1976, No.3, s. 8.
29. Evidentiary aids. An allegation in any charge that- (a) an object or thing is a relic;
(b) an area is or was at any relevant time an Aboriginal site;
(c) a person is or was at any relevant time an inspector or warden under this Act,
shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the truth of such allegation': at the time relevant to such charge.
30. (1) Regulations. The Governor in Council may make regulations, not inconsistent with this Act, providing for all matters which, by this Act, are required or permitted to be prescribed or which are necessary or desirable for the administration of this Act or for achieving the objects and purposes of this Act.
(2) Publication of regulations, &c. Every regulation and every Order in Council made under this Act shall-
(a) be published in the Gazette;
(b) upon such publication be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
14 s.30 .A.BORIGINAL RELICS PRESERVATION ACT 1967-1976 (c) take effect on and frolll the date of such publication unless a later date is specified therein for its COlnmencement \vhen, ill
such event, it shall take effect on and from that later date; and (d) be laid before the Legislative Assenlbly within fourteen sitting days after such publication if the Legislative Assembly is in sessioll and, if not, then witllin fourteen sitting days after the COlnmencelnent of the next session of the Legislative Assenlbly.
(3) If the Legislative Assembly passes a resolution of \vhich notice has been given at any tilne within fourteen sitting days after a regulation or Order in Council has been laid before it disallowing such regulation or Order in Councilor any part thereof such regulation, Order in Council Of, as the case Inay be, part shall thereupon cease to have any force or effect but without prejudice to the validity of anything dOlle or onlitted to be dOlle in the meantime or to the lnaking of a further regulation or Order in Council.
INDEX
TO
ABORIGINAL RELICS PRESERVATION ACT 1967-1976
A
Aboriginal- nleaning of tenn Aboriginal site-
declaration ofby Governor in Council- area not to be declared until consent given excavation, exanlination, etc., upon-
application for authorityre nlarking of ..
meaning of term .. . . . . permission of authorized person to be upon temporary, declaration of by Governor in Councif trespassers prohibited
what is evidence of Act-
administration of commencement of division of ..
tribal rites unaffected by Anthropology-
meaning of term ..
COlnluittee-
c
appointment of nominees chairman of, Director to be conduct of business of functions of ..
meaning of term ..
service of members of who to be members of COlnpensation-
court may order paylnent of-
for damaging boundary marks, etc., of Aboriginal site for interferencewith relics ..
Crown land- meaning of tenn ..
powers of entry upon
D
Deputy Director- meaningofterm tobeinspector Director-
meaning of term .. . . . . . • . . to be chairman and executive member of committee to be inspector
District officer- meaning of term tobeinspector
G
Governor in Council-
may appoint officers, etc. . . may declarearea tobeAboriginal site-
area not to be declared until consent given nlaydeclaretemporary Aboriginal site power of,tomake regulations ..
tonotify who to be members of comnlitte·e
s. 3
13 14 21 21 17
3 ss. 19,19A
s. 15 19 29
5 ..
J (2) 2 4
3
]) ..
10(I) 10 (2) 12
3 ..
]0 (3) 9
17 (2) 20
3 25
3 6 (2)
103(1) 6 (2)
3 6 (2)
6 13 14 J5 30 9
Page
6 6 10 10 7 I 8,9 6 8 13
3 1 I 1
5 5 5 6 2 5 5
7 9
2 12
2 3
2 5 3
2 3
3 6 6 6 13 5
16
1dentity card-
inspectors and wardens to carry ] nspectors-
appointment of by Governor in Council Deputy Director to be
Director tobe district officer to be power of entry of powers of ..
to carry indentity card
I
L
INDEX
s.6 (4)
6 ..
6 (2) 6 (2) 6 (2) ..
7 (3), (4), (5) 7 (1) 6(4)
Page
3
3 3 3 3 4 3 3
Land-
purchase or resumptionof, for protection of relics
M
16 7
Meaning of terms- Aboriginal Aboriginal site Anthropology Committee Crown land Deputy Director Director ..
.District officer Minister ..
Occupier ..
Owner Private land Relic Minister-
meaning of term .. . . . . . . . . . .
powersreexcavation, examination, etc., upon Aboriginal site powersrepreservationor protection of reJices . . . .
N
3 1
3 1
3 1
3 I
3 1
3 1
3 1
3 1
3 1
3 1
3 I
3 I
3 I
3 2
21 10
24 12
Notice- service of
Occupier-
o
meaning of term Offences-
assault of inspectoror warden . . . . . . . . failure to comply or giving false infornlation in respect of
requisition
generally .. .. .. .. ..
hindering orresisting inspector or warden OrderinCouncil-
disaHowance ofbyLegislative Assembly laying beforeLegislative Assembly ..
publication of inGazette Owner-
meaning of term ..
p
Penalties-
for assault of inspector or warden . . . . . . . . for damaging boundary marks, etc., of Aboriginal site ..
for failure to comply or giving false information in respect of requisition
for hindering or resisting inspector or warden for interference with relics . . . . . . general
27
3
8(1) 8 (2) 28 ..
8 (3)
30 (3) 30 (2) 30 (2)
3
8(1) 17 (2) 8 (2) 8 (3) 20 28
•• I
13
2
4 4 13 5
14 14 13
2
4 6 4 5 9 13
INDEX
Private land- meaning of term ..
powers of entry upon
R
s. 3 25
17
Page 2 12
Regulations-
disallowance of by Legislative Assembly laying of before Legislative Assembly ..
power of Governor in Council to make publication of inGazette
Relic-
erection of structures, etc., for eservation or protection of examination, etc., of-
application for authorityre power of Minister re
existence of to be reported . . . . . . . . interference with prohibited . . . . . . . . land may be resumed or purchased for protection of meaning of term .. . . . . . . . . . • method of disposing of relic taken under authority ..
preservation and protection of to be a public purpose purchase of by Minister for preservation or protection reremoval of from Aboriginal site upon request of owner
of private land . . . . . . . .
to be property of Crown what is evidence of
Short title
s
w
30 (3) 14
30 (2) 14
30 (1) 13
30 (2) 13
24 12
21 10
21 10
23 12
20 9
16 7
3 2
22 11
26 12
24 12
24 12
18 8
29 13
1 (1)
Warden-
appointment of by Governor in Council power of entry of
powers of .. ..
to carry identity card
6 .•
7 (4), (5) 7 (2) 6 (4)
3 4 4 3
499S-by Authority: S. R. HAMPSON, Government Printer, Queensland
