(a) under the tenure on which the land is held, the
owner or occupier of the land is entitled to the use and enjoyment of the
surface of the land; or
(b) a person is otherwise entitled to the use and
enjoyment of the surface of the land.
(2) Despite the existence of the
Aboriginal cultural heritage, the owner or occupier or other person is
entitled to the use and enjoyment of the land to the extent that the person
does not unlawfully harm the cultural heritage.
