(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
(vi) in compliance with native title protection conditions, but only if the
Aboriginal cultural heritage is expressly or impliedly the subject of the
conditions; or
(c) the excavation, relocation or
taking away is necessary because of an emergency, including for example, a
bushfire or other natural disaster.
(3) For subsection (1) , it does not
matter whether the circumstances of the person’s knowledge arose before the
commencement of this section, or arise after the commencement, or arose partly
before the commencement and arise partly after the commencement.