ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 153
Access to land
ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 153
Access to land
153 Access to land
(1) A person who wishes to enter land to perform an activity (the
"cultural heritage activity" ) under this Act must consult with the owner or
occupier of the land about obtaining the necessary access.
Example—
The
sponsor for a cultural heritage management plan would need to consult with the
owner or occupier of land to obtain access required to properly assess
Aboriginal cultural heritage values for developing the plan.
(2) However,
if the person is authorised under another Act to enter the land to carry out
activities for a project, and the cultural heritage activity is a necessary
complementary or ancillary activity to the project—
(b) unless otherwise agreed between the person and the owner or occupier, the
conditions of access that apply are the same conditions of access that apply
under the other Act.
(3) The authority given to the person under subsection
(2) extends to agents and employees of the person acting under the authority
of the person.
(4) If the person is the sponsor for a cultural heritage
management plan, the authority also extends to endorsed parties for the plan
and their representatives, if their access to the land is—