HERITAGE ACT 2011 - SECT 112 Removal of part of heritage place
HERITAGE ACT 2011 - SECT 112
Removal of part of heritage place(1) A person commits an offence if the person:
(a) knows a place is a heritage place; and
(b) removes a part of the place.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person must not remove a part of a heritage place.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) Subsections (1) and (2) do not apply if:
(a) the object is in the possession of a person or group who, according to Aboriginal tradition, have a right to possess it; and
(b) the person removes the part of the heritage place in accordance with Aboriginal tradition.
(5) In addition, subsections (1) and (2) do not apply if:
(a) the removal is carried out in accordance with:
(i) a heritage agreement; or
(ii) a work approval; or
(b) the removal is authorised under the declaration of the heritage place or object; or
(c) a repair order; or
(d) the removal is exempt work.
(6) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.