ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 20
Ownership of Aboriginal cultural heritage
ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 20
Ownership of Aboriginal cultural heritage
(1) The following Aboriginal cultural heritage is not in the ownership of the
State— (a) human remains and secret or sacred objects owned by Aboriginal
people under division 2 or 3 ;
(b) Aboriginal cultural heritage passing into
the ownership of an Aboriginal party under this Act;
(c)
Aboriginal cultural heritage owned by a person whose ownership is confirmed
under a provision of this Act;
(d) Aboriginal cultural heritage owned by a
person to whom ownership is lawfully transferred.
(2) Otherwise, the State
owns Aboriginal cultural heritage.
(3) Subsection (2) applies to an object or
evidence that is Aboriginal cultural heritage even if the object or
evidence— (a) forms, or has previously formed, part of land; or
(b) is
located, or has previously been located, in, on or under land.
(4)
Subsections (2) and (3) do not operate to give the State ownership of— (a)
land in which is situated an object or evidence that becomes owned by the
State under subsection (2) ; or
(b) any other land.