TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 13 Interpretation to support existing rights and interests

TORRES STRAIT ISLANDER CULTURAL HERITAGE ACT 2003 - SECT 13

13 Interpretation to support existing rights and interests

A provision of this Act must not be interpreted in a way that would allow the provision to operate in a way that prejudices—

(a) a right of ownership of a traditional group of Torres Strait Islanders, or of a member of a traditional group of Torres Strait Islanders, in Torres Strait Islander cultural heritage used or held for traditional purposes under Island custom; or

(b) a person’s enjoyment or use of, or free access to, Torres Strait Islander cultural heritage, if—

(i) the person usually lives according to Island custom as it relates to a particular group of Torres Strait Islanders; and

(ii) the access, enjoyment or use is sanctioned by the Island custom; or

(c) native title rights and interests.