(1) A person who carries out an activity must take all reasonable and
practicable measures to ensure the activity does not harm
Aboriginal cultural heritage (the
"cultural heritage duty of care" ).
Penalty—
Maximum penalty—
(a) for
an individual—1,000 penalty units;
(b) for a corporation—10,000 penalty
units.
(2) Without limiting the matters that may be considered by a court
required to decide whether a person has complied with the
cultural heritage duty of care in carrying out an activity, the court may
consider the following—
(c) the
extent to which the person consulted with Aboriginal parties about the
carrying out of the activity, and the results of the consultation;
(d)
whether the person carried out a study or survey, of any type, of the area
affected by the activity to find out the location and extent of
Aboriginal cultural heritage, and the extent of the study or survey;
(e)
whether the person searched the database and register for information about
the area affected by the activity;
(iii) under a native title agreement or
another agreement with an Aboriginal party, unless the
Aboriginal cultural heritage is expressly excluded from being subject to the
agreement; or
(v) in compliance with native title protection conditions, but
only if the cultural heritage is expressly or impliedly the subject of the
conditions; or